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LAWS 



39 *S 6 ' 

OF THE y 7 



STATE OF ILLINOIS, 



PASSED AT 



THE FIRST SESSION 



OF THE 



SIXTEENTH GENERAL ASSEMBLY, 



BEGUN AND HELD AT THE CITY OF SPRINGFIELD, 



JANUARY 1, 1849. 



SPRINGFIELD: 

CHARLES H. LANPHIER, PUBLIC PRINTER. 

1849. 



CONSTITUTION 



STATE OF ILLINOIS, 

ADOPTED BY THE CONVENTION AUGUST 31, 1847, RATIFIED BY VOTE OF THE PEO- 
PLE MARCH 6, 1S4S, AND IN FORCE FROM AND AFTER APRIL 1, ISIS. 



PREAMBLE. 

We, the People of the state of Illinois — grateful to Almighty God for the civ- 
il, political and religions liberty, which He hath so long permitted us to en- 
joy, and looking to Him for a blessing upon our endeavors to secure 
and transmit the same unimpaired to succeeding generations — in order to 
form a more perfect government, establish justice, insure domestic tranquili- 
ty, provide for the common defence, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and establish 
this constitution for the state of Illinois. 

ARTICLE I. 

BOUNDARIES. 

Section 1. The boundaries and jurisdiction of the state shall be as follows, to 
wit : Beginning at the mouth of the Wabash river; thence up the same, and with 
the line of Indiana, to the north-west corner of said state ; thence east, with the 
line of the same state, to the middle of lake Michigan ; thence north, along the 
middle of said lake, 1o north latitude forty-two degrees and thirty minutes; 
thence west to the middle of the Mississippi river, and thence down, along the 
middle of that river, to its confluence with the Ohio river; and thence up the 
latter river, along its north-western shore, to the place of beginning ; Provided, 
that this state shall exercise such jurisdiction upon the Ohio river as she is now 
entitled to, or such as may hereafter be agreed upon by this state and the state 
of Kentucky. 

ARTICLE II. 

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

§ 1. The powers of the government of the state of Illinois shall be divided 
into three distinct departments, and each of them be confided to a separate body, 
of magistracy, to wit: Those which are legislative, to one; those which are 
executive, to another, and those which are judicial, to another. 

§ 2. No person, or collection of persons, being one of these departments, 
shall exercise any power properly belonging to either of the others, except as 
hereinafter expressly directed or permitted, and all acts in contravention of this 
section shall be void. 



A CONSTITUTION. 

ARTICLE III. 

OF THE LEGISLATIVE DEPARTMENT. 

§ 1. The legislative authority of this state shall be vested in a general assem- 
bly ; which shall consist of a senate and house of representatives, both to be 
elected by the people. 

§ 2. The first election for senators and representatives -shall be held on the 
Tuesday after the first Monday in November, one thousand eight hundred and 
forty-eight; and thereafter, elections for members of the general assembly shall 
be held once in two years, on the Tuesday next after the first Monday in No- 
vember, in each and every county, at such places therein as may be provided by 
law. 

§ 3. No person shall be a representative who shall not have attained the age 
of twenty- five years ; who shall not be a citizen of the United States, and three 
years an inhabitant of this state ; who shall not have resided within the limits 
of the county or district in which he shall be chosen twelve months next prece- 
ding his election, if such county or district shall have been so long erected ; but 
if not, then within the limits of the county or counties, district or districts, out 
of which the same shall have been taken, unless he shall have been absent on 
the public business of the United Slates, or of this state ; and who, moreov er, 
shall not have paid a state or county tax. 

§ 4. No person shall be a senator who shall not have attained the age of 
thirty years ; who shall not be a citizen of the United States, five years an in- 
habitant of this state, and one year in the county or district in which he shall be 
chosen immediately preceding his eleStion, if such county or district shall have 
been so long erected ; but if not, then within the limits of the county or counties, 
district or districts, out of which the same shall have been taken, unless he shall 
have been absent on the public business of the United States, or of this state, 
and shall not, moreover, have paid a state or county tax. 

§ 5. The senators at their first session herein provided for shall be divided by 
lot, as near as can be, into two classes. The seats of the first class shall be va- 
cated at the expiration of the second year, and those of the second class at the ex- 
piration of the fourth year ; so that one-half thereof, as near as possible, may be 
biennially chosen forever thereafter. 

§ H. The senate shall consist of twenty-five members, and the house of rep- 
resentatives shall consist of seventy- five members, until the population of the 
state shall amount to one million of souls, when five members may be added to 
the house, and five additional members for every five hundred thousand inhabi- 
tants thereafter, until the whole number of representatives shall amount to one 
hundred ; after which, the number shall neither be increased nor diminished ; 
to be apportioned among the several counties according to the number of white 
inhabitants. In all future apportionments, where more than one county shall 
be thrown into a representative district, all the representatives to which said 
counties may be entitled shall be elected by the entire district. 

§ 7. No person elected to the general assembly shall receive any civil appoint- 
ment within this state, or to the senate of the United States, from the governor, 
the governor and senate, or from the general assembly, during the term for 
which he shall have been elected ; and all such appointments, and all votes giv- 
en for any such member for any such office or appointment, shall be void ; nor 
shall any member of the general assembly be interested, either directly or indi- 
rectly, in any contract with the state, or any county thereof, authorised by any 
lav/ passed during the time for which he shall have been elected, or during one 
year after the expiration thereof. 



CONSTITUTION. 5 

§ 8. In the year one thousand eight hundred and fifty-five, and every tenth 
year thereafter, an enumeration of all the inhabitants of this state shall be made, 
in such manner as shall be directed by law ; and in the year eighteen hundred 
and fifty, and every tenth year thereafter, the census taken by authority of the 
government of the United States shall be adopted by the general assembly as the 
enumeration of this state; and the number of senators and representatives shall, 
at the first regular session holden after the returns herein provided for are made, 
be apportioned among the several counties or districts to be established by law, 
according to the number of white inhabitants. 

§ 9. Senatorial and representative districts shall be composed of contiguous 
territory bounded by county lines ; and only one senator allowed to each senato- 
rial, and not more than three representatives to any representative district ; Pro- 
vided, that cities and towns containing the requisite population may be erected 
into separate districts. 

§ 10. In forming senatorial and representative districts, counties containing 
a population of not more than one-fourth over the existing ratio, shall form sep- 
arate districts, and the excess shall be given to the nearest county or counties 
not having a senator or representative, as the case may be, which has the largest 
white population. 

§11. The first session of the general assembly shall commence on the first 
Monday of January, one thousand eight hundred and forty-nine; and forever 
after, the general assembly shall meet on the first Monday of January next en- 
suing the election of the members thereof, and at no other period, unless as pro- 
vided by this constitution. 

§ 12. The senate and house of representatives, when assembled, shall each 
choose a speaker and other officers, (the speaker of the senate excepted.) 
Each house shall judge of the qualifications and election of its members, and 
sit upon its own adjournments. Two thirds of each house shall constitute a 
quorum ; but a smaller number may adjourn from day to day, and compel the 
attendance of absent members. 

§ 13. Each house shall keep a journal of its proceedings, and publish them. 
The yeas and nays of the members on any question shall, at the desire of any 
two of them, be entered on the journals. 

§ 14. Any two members of either house shall have liberty to dissent and pro* 
test against any act or resolution, which they may think injurious to the public, 
or to any individual, and have the reasons of their dissent entered on the jour- 
nals. 

§ 15. Each house may determine the rules of its proceedings, punish its 
members for disorderly behivior, and, with the concurrence of two-thirds of all 
the members elected, expel a member, Lut not a second time for the same cause; 
and the reason for such expulsion shall be entered upon the journal, with the 
names of the members voting on the question. 

§ 16. When vacancies shall happen in either house, the governor, or the per- 
son exercising the powers ol governor, shall issue writs of election to fill such 
vacancies. 

§ 17. Senators and representatives shall, in all cases, except treason, felony, 
or breach of the peace, be privileged from arrest during the session of the gen- 
eral assembly, and in going to and returning from the same ; and for any speech 
or debate in either house, they shall not be questioned in any other place. 

§ 18. Each house may punish, by imprisonment during its session, any per- 
son, not a member, who shall be guilty of disrespect to the house, by any disor- 
derly or contemptuous behavior in their presence; Provided, such imprison- 
ment shall not, at any one lime, exceed twenty-four hours. 

§ 19. The doors Gf each house, and of committees of the whole, shall be kept 
open, except in such cases as in the opinion of the house require secrecy. 



i 



CONSTITUTION. 



Neither house shall, without the consent of the other, adjourn for more than 
two days, nor to any other place than that in which the two houses shall he sit- 
ting. 

§ 20. The style of the laws of this state shall he: "Be it enacted by the Peo- 
ple of the state of Illinois, represented in the general assembly." 

§ 21. Bills may originate in either house, but may be altered, amended, or 
rejected b} r the other; and on the final passage of all bills, the vote shall be by 
ayes and noes, and shall be entered on the journal ; and no bill shall become a 
law without the concurrence of a majority of all the members elect in each 
house. 

§ 22. Bills making appropriations for the pay of the members and officers of 
the general assembly, and for the salaries of the officers of the government, 
shall not contain any provision on any other subject. 

§ 23. Every bill shall be read on three different days in each house, unless, 
in case of urgency, three-fourths of the house, where such bill is so depending, 
shall deem it expedient to dispense with this rule ; and every bill, havk^ passed 
both houses, shall be signed by the speakers of their respective houses ; and no 
private or local law which may be passed by the general assembly shall em- 
brace more than one subject, and that shall be expressed in the title. And no 
public act of the general assembly shall take effect or be in force until the expi- 
ration of sixty days from the end of the session at which the same may be passed, 
unless in case of emergency the general assembly shall otherwise direct. 

§ 24. The sum of two dollars per day, for the first forty-two days' atten- 
dance, and one dollar per day, for each day's attendance thereafter, and ten cents 
for each necessary mile's travel, going to and returning from the seat of gov- 
ernment, shall be allowed to the members of the general assembly, as a compen- 
sation for their services, and no more. The speaker of the house of represen- 
tatives shall be allowed the sum of one dollar per day, in addition to his per 
diem as a member* 

§ 25. The per diem and mileage allowed to each member of the general as- 
sembly shall be certified by the speakers of their respective houses, and entered 
on the journals, and published at the close of each session. 

§ 2b'. No money shall be drawn from the treasury, but in consequence of 
appropriations made by law ; and an accurate statement of the receipts and ex- 
penditures of the public money shall be attached to, and published with, the 
laws at the rising of each session of the general assembly. And no person, 
who has been or may be a collector or holder of public moneys, shall be eligi- 
ble to a seat in either house of the general assembly, nor be eligible to any office 
of profit or trust in this state, until such person shall have accounted for, and 
paid into the treasury, all sums for which he may be accountable. 

§ 27. The house of representatives shall have the sole power of impeaching ; 
but a majority o{' all the members elected must concur in an impeachment. All 
impeachments shall be tried by the senate; and when sitting for that purpose, 
the senators shall be upon oath, or affirmation, to do justice according to law and 
evidence. No person shall be convicted without the concurrence of two-thirds 
of the senators elected. 

§ 28. The governor, and other ci\il officers under this state, shall be liable to 
impeachment lor any misdemeanor in office; but judgment in such cases shall 
not extend further than to removal from office, and disqualification to hold any 
office of honor, profit, or trust, under this state. The party, whether convicted 
or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and 
punishment, according to law r . 

§ 29. No judge of any court of law or equity, secretary of stale, attorney 
general, attorney for the state, recorder, clerk of any court of record, sheriff or 
collector, member of either house of congress, or person holding any lucrative 



CONSTITUTION. 7 

office under the United States or of this stale — provided that appointments in 
the militia, or justices of the peace, shall not be considered lucrative offices — 
shall have a seat in the general assembly ; nor shall any person, holding any of- 
fice of honor or profit under the government of the United States, hold any of- 
fice of honor or profit under the authority of this state. 

§ 30. Every person who shall be chosen or appointed to any office of trust or 
profit shall, before entering upon the duties thereof, take an oath to support the 
constitution of the United States, and of this state, and also an oath of office. 

§ 31. The general assembly shall have full power to exclude from the privi- 
lege of electing, or being elected, any person convicted of bribery, perjury, or 
other infamous crime. 

§ 32. The general assembly shall have no power to grant divorces, but may 
authorise the courts of justice to grant them for such cause as may be specified 
by law ; Provided, that such laws be general and uniform in their operation. 

§ 33. The general assembly shall never grant or authorise extra compensation 
to any public officer, agent, servant, or contractor, after the service shall have 
been rendered, or the contract entered into. 

§ 34. The general assembly shall direct by law in what manner suits may be 
brought against the state. 

§ 35. The general assembly shall have no power to authorise lotteries for any 
purpose, nor to revive cr extend the charter of the state bank, or the charter of 
any other bank heretofore existing in this stat2, and shall pass laws to prohibit 
the sale of lottery tickets in this state. 

§ 3b'. The general assembly shall have no power to authorise, by private or 
special law, the sale of any lands or other real estate belonging in whole or in 
part to any individual or individuals. 

§ 37. Each general assembly shall provide for all the appropriations necessa- 
ry for the ordinary and contingent expenses of the government until the adjourn- 
ment of the next regular session, the aggregate amount of which shall not be in- 
creased without a vote of two-thirds of each house, nor exceed the amount of 
revenue authorised by law to be raised in such time ; Provided, the state may, 
to meet casual deficits or failures in revenues, contract debts never to exceed in 
the aggregate fifty thousand dollars ; and the moneys thus borrowed shall be ap- 
plied to the purpose for which they were obtained, or to re-pay the debt thus 
made, and to no other purpose; and no other debt, except for the purpose of 
repelling invasion, suppressing insurrection, or defending the stale in war, (for 
payment of which the faith of the state shall be pledged,) shall be contracted, 
unless the law authorising the same shall, at a general election, have been sub- 
mitted to the people, and have received a majority of all the vttes cast for mem- 
bers of the general assembly at such election. The general assembly shall pro- 
vide for the publication of said law for three months at least before the vote of 
the people shall be taken upon the same ; and provision shall be made, at the 
time, for the payment of the interest annually, as it shall accrue, by a tax levied 
for the purpose, or from other sources of revenue ; which law, providing for the 
payment of such interest by such tax, shall be irrepealable until such debt be 
paid; And provided farther, that the law levying the tax shall be submitted to 
the people with the law authorising the debt to be contracted. 

§ 38. The credit of the state shall not, in any manner, be given to, or in aid of, 
any individual, association, or corporation. 

§ 39. The general assembly shall provide, by law, that the fuel and statione- 
ry furnished for the use of the state, the copying, printing, binding, and distrib- 
uting the laws and journals, and all other printing ordered by the general assem- 
bly, shall be let, by contract, to the lowest re-;pon>i'.)le bidder ; and that no mem- 
ber of the general assembly, or other officer of the state, shall be interested, 
either directly or indirectly, in any such contract ; Provided that the general as- 
sembly may fix a maximum price. 



8 



CONSTITUTION. 



§ 40. Until there shall be a new apportionment of senators and representa- 
tives, the senate shall be divided into senatorial and representative districts, and 
the senators and representatives shall be apportioned among the several districts, 
as follows, viz : 

SENATORIAL DISTRICTS. 

1. The counties of Alexander, Union, Pulaski, Johnson, Massac, Pope, and 
Hardin shall constitute the first senatorial district, and shall be entitled to one 
senator. 

2. The counties of Gallatin, Saline, Williamson, Franklin, and White shall 
constitute the second senatorial district, and be entitled to one senator. 

3. The counties of Jefferson, Wayne, Marion, and Hamilton shall consti- 
tute the third senatorial district, and be entitled to one senator. 

4. The counties of Washington, Perry, Randolph, and Jackson shall consti- 
tute the fourth senatorial district, and be entitled to one senator. 

5. The counties of St. Clair and Monroe shall constitute the fifth senatorial 
district, and be entitled to one senator. 

6. The counties of Madison and Clinton shall constitute the sixth senatorial 
district, and be entitled to one senator. 

7. The counties of Christian, Shelby, Montgomery, Bond, and Fayette shall 
constitute the seventh senatorial district, and be entitled to one senator. 

8. The counties of Effingham, Jasper, Clay, Richland, Lawrence, Edwards, 
and Wabash shall constitute the eighth senatorial district, and be entitled to one 
senator. 

9. The counties of Edgar, Clark, and Crawford shall constitute the ninth 
senatorial district, and be entitled to one senator. 

10. The counties of Vermilion, Champaign, Piatt, Moultrie, Coles, and 
Cumberland, shall constitute the tenth senatorial district, and be entitled to one 
senator. 

11. The counties of Tazewell, McLean, Logan, De Witt, and Macon shall 
constitute the eleventh senatorial district, and be entilled to one senator. 

12. The counties of Sangamon, Menard, and Mason shall constitute the 
twelfth senatorial district, and be entitled to one senator. 

13. The counties of Macoupin, Jersey, Greene, and Calhoun shall constitute 
the thirteenth senatorial district, and be entitled to one senator. 

14. The counties of Morgan, Scott, and Cass shall constitute the fourteenth 
senatorial district, and be entitled to one senator. 

15. The counties of Adams and Pike shall constitute the fifteenth senatorial 
district, and be entitled to one senator. 

16. The counties of McDonongh, Schuyler, Brown, and Highland shall con- 
stitute the sixteenth senatorial district, and be entitled to one senator. 

17. The counties of Hancock and Henderson shall constitute the seven- 
teenth senatorial district, and be entilled to one senator. 

18. The counties of Fulton and Peoria shall constitute the eighteenth sena- 
torial district, and be entitled to one senator. 

19. The counties of Rock Island, Henry, Mercer, Warren, Knox, and Stark 
shall constitute the nineteenth senatorial district, and be entitled to one senator. 

20. The counties of La Salle, Bureau, Putnam, Marshall, Woodford, Liv- 
ingston, and Grundy shall constitute the twentieth senatorial district, and be 
entitled to one senator. 

21. The counties of Du Page, Kendall, Will, and Iroquois shall constitute 
the twenty- first senatorial district, and be entitled to one senator. 

22. The counties of Ogle, Lee, De Kalb, and Kane shall constitute the 
wenty-second senatorial district, and be entitled to one senator. 



CONSTITUTION. Q. 

23. The counties of Jo Daviess, Stephenson, Carroll, and Whiteside shall 
constitute the twenty-third senatorial district, and shall be entitled to one 
senator. 

24. The counties of McHenry, Boone, and Winnebago shall constitute the 
twenty-fourth senatorial district, and be entilltd to one senator. 

25. The counties of Cook and Lake shall constitute the twenty-fifth senato- 
rial district, and be entitled to one senator. 

REPRESENTATIVE DISTRICTS. 

1. The counties of Union, Alexander, and Pulaski shall constitute the first 
representative district, and be entitled to one representative. 

2. The counties of Massac, Pope, and Hardin shall constitute the second 
representative district, and be entitled to one representative. 

3. The counties of Gallatin and Saline shall constitute the third representa- 
tive district, and be entitled to one representative. 

4. The counties of Johnson and Williamson shall constitute the fourth repre- 
sentative district, and be entitled to one representative. 

5. The counties of Jackson and Franklin shall constitute the fifth represen- 
tative district, and be entitled to one representative. 

6. The counties of Marion, Jefferson, Wayne, and Hamilton shall constitute 
the sixth representative district, and be entitled to three representatives; Provi- 
ded, that no county in said district shall have more than one of said representa- 
tives, and the county from which a senator shall be selected shall not be entitled 
to a representative residing in said county. 

7. The county of White shall constitute the seventh representative district, 
and be entitled to one representative. 

8. The counties of Wabash and Edwards shall constitute the eighth repre- 
sentative district, and be entitled to one representative. 

9. The counties of Lawrence and Richland shall constitute the ninth repre- 
sentative district, and be entitled to one representative. 

10. The counties of Crawford and Jasper shall constitute the tenth repre- 
sentative district, and be entitled to one representative. 

11. The county of Coles shall constitute the eleventh representative district, 
and be entitled to one representative. 

12. The county of Clark shall constitute the twelfth representative district, 
and be entitled to one representative. 

13. The counties of Cumberland, Effingham, and Clay shall constitute the 
thirteenth representative district, and be entitled to one representative. 

14. The county of Fayette shall constitute the fourteenth representative dis- 
trict, and be entitled to one representative. 

15. The counties of Montgomery, Bond, and Clinton shall constitute the 
fifteenth representative district, and be entitled to two representatives. 

16. The counties of Washington and Perry shall constitute the sixteenth 
representative district, and be entitled to one representative. 

17. The county of Randolph shall constitute the seventeenth representative 
district, and be entitled to one representative. 

18. The county of Monroe shall constitute the eighteenth represen itive 
district, and be entitled to one representative. 

19. The county of St. Clair shall constitute the nineteenth represen; itive 
district, and be entitled to two representatives. 

20. The county of Madison shall constitute the twentieth representative dis- 
trict, and shall be entitled to two representatives. 

21. The county of Macoupin shall constitute the twenty-first representative 
district, and be entitled to one representative. 



10 CONSTITUTION. 

22. The counties of Jersey and Greene shall constitute the twenty-second 
representative district, and be entitled to two representatives. 

23. The county of Scott shall constitute the twenty-third representative dis- 
trict, and be entitled to one representative. 

24. The county of Morgan shall constitute the twenty-fourth representative 
district, and be entitled to two representatives. 

25. The counties of Cass and Menard shall constitute the twenty-fifth 
representative district, and be entitled to one representative. 

26. The county of Sangamon shall constitute the twenty-sixth representa- 
tive district, and be entitled to two representatives. 

27. The counties of Mason and Logan shall constitute the twenty-seventh 
representative district, and be entitled to one representative. 

28. The county of Tazewell shall constitute the twenty-eighth representa- 
tive district, and be entitled to one representative. 

29. The counties of McLean and De Witt shall constitute the twenty-ninth 
representative district, and be entitled to one representative. 

30. The county of Vermilion shall constitute the thirtieth representative 
district, and be entitled to one representative. 

31. The county of Edgar shall constitute the thirty-first representative dis- 
trict, and be entitled to one representative. 

32. The counties of Champaign, Piatt, Moultrie, and Macon shall constitute 
the thirty-second representative district, and be entitled to one representative. 

33. The counties of Shelby and Christian shall constitute the thirty-third 
representative district, and be entitled to one representative. 

34. The counties of Pike and Calhoun shall constitute the thirty-fourth 
representative district, and be entitled to two representatives. 

35. The counties of Adams, Highland, and Brown shall constitute the thirty- 
fifth representative district, and be entitled to three representatives. 

36. The county of Schuyler shall constitute the thirty-sixth representative 
district, and be entitled to one representative. 

37. The county of Hancock shall constitute the thirty-seventh representative 
district, and be entitled to two representatives. 

38. The county of McDonough shall constitute the thirty-eighth representa- 
tive district, and be entitled to one representative. 

39. The county of Fulton shall constitute the thirty-ninth representative dis- 
trict, and be entitled to two representatives. 

40. The county of Peoria shall constitute the fortieth representative district, 
and be entitled to one representative. 

41. The county of Knox shall constitute the forty-first representative dis- 
trict, and be entitled to one representative. 

42. The counties of Mercer, Warren, and Henderson shall constitute the 
forty-second representative district, and be entitled to two representatives. 

43 The counties of Rock Island, Henry, and Stark shall constitute the forty- 
third representative district, and be entitled to one representative. 

44. The counties of Whiteside and Lee shall constitute the lorty-fourlh repre- 
sentative district, and be entitled to one representative. 

45. The counties of Carroll and Ogle shall constitute the forty-fifth repre- 
sentative district, and be entitled to one representative. 

46. The counties of Jo Daviess and Stephenson shall constitute the forty- 
sixth representative district, and be entitled to two representatives. 

47. The county of Winnebago shall constitute the forty-seventh representa- 
tive district, and be entitled to one representative. 

48. The counties of Putnam, Marshall, and Woodford shall constitute the 
forty -eighth representative district, and be entitled to one representative. 



CONSTITUTION. J ] 

49. The counties of La Salle, Grundy, Livingston, and Bureau shall consti'ute 
the forty-ninth representative district, and be entitled to two representatives. 

50. The counties of Du Page, Kendall, Will, and Iroquois shall constitute 
the fiftieth representative district, and be entitled to three representatives. 

51. The counties of Kane and De Kalb shall c mstitute the fifty-first repre- 
sentative district, and be entitled to two representatives. 

52. The counties of Boone and McHenry shall constitute the fifty-second 
representative district, and be entitled to two representatives. 

53. The county of Lake shall constitute the fifty-third representative district, 
and be entitled to one representative. 

54. The county of Cook shall constitute the fifty-fourth representative dis- 
trict, and be entitled to two representatives. 

§ 41. Until the general assembly shall otherwise provide, the clerks of the 
county commissioners' courts in each of the aforesaid senatorial districts, and 
in such of the representative districts as may be composed of more than one 
county, shall meet at the county seat of the oldest county in said district, within 
thirty days next after any election for senator or representative therein, for the 
purpose of comparing and canvassing the votes given at such election; and the 
said clerks shall in all other respects conform to the laws on the subject in force 
at the time of the adoption of this constitution. 

ARTICLE IV. 

OF THE EXECUTIVE DEPARTMENT. 

§ 1. The executive power of the state shall be vested in a governor. 

§ 2. The first election of governor. shall be held on Tuesday next after the 
first Monday in November, a. d. 184^; and the next election shall be held on 
Tuesday next alter the first .Monday of November, a. d. 1852 ; and thereafter an 
election for governor shall be held once in four years, on Tuesday next after the 
first Monday of November. The governor shall be chosen by the electors of 
the members of the general assembly, at the same places and in the same man- 
ner that they shall, respectively, vote for members thereof. The returns for 
every election of governor shall be sealed up, and transmitted to the seat of 
government, by the returning officers, directed to the speaker of the house of 
representatives, who shall open and publish them in the presence of a majority 
of the members of each house of the general assembly. The person having the 
highest number of votes shall be governor; but if two or more be equal and 
highest in votes, then one of them shall be chosen governor by joint ballot of 
both houses of the general assembly. Contested elections shall be determined 
by both houses of the general assembly, in such manner as shall be prescribed 
by law. 

§ 3. The first governor shall enter upon the duties of his office on the second 
Monday of January, a. d. 1849, and shall hold his office until the second Monday 
of January, a. d. 1853, and until his successor shall have been elected and qual- 
ified ; and thereafter the governor shall hold his office for the term of four years, 
and until his successor shall have been elected and qualified ; but he shall not be 
eligible to such office more than four years in any term of eight years, nor to 
any other office until after the expiration of the term for which he was elected. 

§ 4. No person except a citizen of the United States shall be eligible 1o the 
office of governor; nor shall anv person be eligible to that office who shall not 
have attained the age of thirty-five years, and been ten years a resident of this 
state, and fourteen years a citizen of the United States. 

§ 5. The governor shall reside at the seat of government, and receive a sal- 
ary of fifteen hundred dollars per annum; which shall not be increased or diinin- 



12 



CONSTITUTION. 



ished ; and he shall not, during the time for which he shall have been elected, 
receive any emolument from the United States, or either of them. 

§ 6'. Before he enters upon the duties of his office, he shall take the follow- 
ing oath or affirmation, to wit: "I do solemnly swear (or affirm) that I will 
faithfully execute the duties appertaining to the office of governor of the state 
of Illinois; and will, to the best of my ability, preserve, protect, and defend the 
constitution of this state; and will, also, support the constitution of the United 
States." 

§ 7. He shall, from time to time, give the general assembly information of the 
state of the government, and recommend to their consideration such measures 
as he shall deem expedient. 

§ 8. The governor shall have power to grant reprieves, commutations, and 
pardons, after conviction, for all offences, except treason and cases of im- 
peachment, upon such conditions and with such restrictions and limitations as 
he may think proper, subject to such regulations as may be provided by law 
relative to the manner of applying for pardons. Upon conviction for treason, 
he shall have power to suspend the execution of the sentence until the case 
shall be reported to the general assembly at its next meeting, when the general 
assembly shall pardon the convict, commute the sentence, direct the execution 
thereof, or grant a further reprieve. He shall, biennially, communicate to the 
general assembly each case of reprieve, commutation, or pardon granted, slating 
the name of the convict, the crime for which he was convicted, the sentence 
and its date, and the date of commutation, pardon, or reprieve. 

§ 9. He may require information in writing Jrom the officers in the executive 
departments, upon any subject relating to the duties of their respective offices, 
and shall take care ihat the laws be faithfully executed. 

§ 10. He may, on extraordinary occasions, cunvene the general assembly by 
proclamation, and shall state in said proclamation the purpose for which they 
are to convene; and the general assembly shall enter on no legislative business 
except that for which they were specially called together. 

§11. He shall be commander-in-chief of the army and navy of this state, 
and of the militia, except when they shall be called into the service of the 
United States. 

§ 12. The governor shall nominate and, by and with the advice and consent 
of the senate, (a majority of all the senators concurring,) appoint all officers 
whose offices are established by this constitution, or which may be created by 
law, and whose appointments are not otherwise provided for; and no such offi- 
cer shall be appointed or elected by the general assembly. 

§ 13. In case of disagreement between the two houses with respect to the 
time of adjournment, the governor shall have power to adjourn the general 
assembly to such time as he thinks proper ; Provided, it be not to a period be- 
yond the next constitutional meeting of the same. 

§ 14. A lieutenant governor shall be chosen at every election of governor, 
in the same manner, continue in office for the same time, and possess the same 
qualifications. In voting for governor and lieutenant governor, the electors 
shall distinguish whom they vote lor as governor, and whom as lieutenant gov- 
ernor. 

§ 15. The lieutenant governor shall, by virtue of his office, be speaker of 
the senate ; have a right, when in committee of the whole, to debate and vote on 
all subjects, and, whenever the senate are equally divided, to give the casting 
vote. 

§ 16. Whenever the government shall be administered by the lieutenant gov- 
ernor, or he shall be unable to attend as speaker of the senate, the senators 
shall elect one of their own number as speaker for that occasion; and if, during 
the vacancy of the office of governor, the lieutenant governor shall be impeached, 



CONSTITUTION. 



13 



removed from office, refuse to qualify, or resign or die, or be absent from the 
state, the speaker of the senate shall, in like manner, administer the govern- 
ment. 

§ 17. The lieutenant governor, while he acts as speaker of the senate, shall 
receiv e for his services the same compensation which shall, for the same period, 
be allowed to the speaker of the house of representatives, and no more. 

§ 1 v . if the lieutenant governor shall be called upon to administer the gov- 
ernment, and shall, while in such administration, resign, die, or be absent from 
the state, during the recess of the general assembly, it shall be the duty of the 
secretary of state, for the time being, to convene the senate for the purpose of 
choosing a speaker. 

§ 19. In case of the impeachment of the governor, his absence from the 
state, or inability to discharge the duties of his office, the powers, duties, and 
emoluments of the office shall devolve upon the lieutenant governor; and in 
case of his death, resignation, or removal, then upon the speaker of the senate 
for the time being, until the governor, absent or impeached, shall return or be 
acquitted; or until the disqualification or inability shall cease; or until a new 
governor shall be elected and qualified. 

§ 20. In case of a vacancy in the office of governor, for any other cause than 
those herein enumerated, or in case of the death of the governor elect before he 
is qualified, the powers, duties, and emoluments of the office shall devolve upon 
the lieutenant governor, or speaker of the senate, as above provided, until a new 
governor be elected and qualified. 

§ 21. Kvery bill which shall have passed the senate and house of represen- 
tatives shall, before it becomes a law, be presented to the governor; if he ap- 
prove, he shall sign it; but if not, he shall return it, with his objections, to the 
house in which it shall have originated ; and the said house shall enter the ob- 
jections at large on their journal, and proceed to reconsider it. If, after such 
reconsideration, a majority of the members elected shall agree to pass the bill, 
it shall be sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered ; and if approved by a majority of the members 
elected, it shall become a law, notwithstanding the objections of the governor; 
but in all such cases the votes of both houses shall be determined by yeas and 
nays, to be entered on the journal of each house, respectively. If any bill shall 
not be returned by the governor within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like manner as if 
he ha 1 signed it, unless the general assembly shall, by their adjournment, pre- 
vent its return; in which case, the said bill shall be returned on the first day 
of the meeting of the general assembly after the expiration of said ten days, or 
be a law. 

§ 22. There shall be elected by the qualified electors of this state, at the 
same time of the election for governor, a secretary of state, whose terra of office 
shall he the same as that of the governor, who shall keep a fair register of the 
official acts of the governor, and, when required, shall lay the same, and all pa- 
pers, minutes, and vouchers relative thereto, before either branch of the general 
assembly, and shall perform such other duties as shall be assigned him by law, 
and shall receive a salary of eight hundred dollars per annum, and no more, ex- 
cept fees ; Provided, that if the office of secretary of state should be vacated by 
death, resignation, or otherwise, it shall be the duty of the governor to appoint 
another, who shall hold his office until another secretary shall be elected and 
qualified. 

§ 2'i. There shall be chosen, by the qualified electors throughout the state, 
an auditor of p-ih'io accounts, who shall hold his office for the term of four 
years, and until his successor is qualified, and whose duties shall be regulated 



14 



CONSTITUTION. 



Ly law, and who shall receive a salary, exclusive of clerk hire, of one thousand 
dollars per annum, for his services, and no more. 

§ 24. There shall be elected, by the qualified electors throughout the state, 
a state treasurer, who shall hold his oiKce for two years, and until his successor 
is qualified ; whose duties may be regulated by law, and who shall receive a 
salary of eie;ht hundred dollars per annum, and no more. 

§ 25. All grants and commissions shall be sealed with the great seal of state, 
signed by the governor or person administering the government, and counter- 
signed by the secretary of slate. 

§ 26. The governor and all other civil officers shall be liable to impeachment 
for misdemeanor in otfice, during their continuance in office, and for two years 
thereafter. 

ARTICLE V. 

OF THE JUDICIARY DEPARTMENT. 

§ 1. The judicial power of this state shall be, and is hereby, vested in 
one supreme court, in circuit courts, in county courts, and in justices of the 
peace; Provided, that inferior local courts, of civil and criminal jurisdiction, 
may be established by the general assembly in tUe cities of this state, but such 
courts shall have a uniform organisation and jurisdiction in such cities. 

§ 2. The supreme court shall consist of three judges, two of whom shall 
form a quorum; and the concurrence of two of said judges shall in all cases be 
necessary to a decision. 

§ 3. The state shall be divided into three grand divisions, as nearly equal as 
may be, and the qualified electors of each division shall elect one of the said 
judges for the term of nine years ; Provided, that after the first election of such 
judges, the general assembly may have the power to provide by law for their 
election by the whole state, or by divisions, as they may deem most expedient. 

§ 4. The office of one of said judges shall be vacated, after the first election 
held under this article, in three years ; of one, in six years ; and of one, in nine 
years ; to be decided by lot, so that one of said judges shall be elected once in 
every three years. The judge having the longest term to serve shall be the 
first chief justice ; after which, the judge having the oldest commission shall be 
chief justice. 

§ 5. The supreme court may have original jurisdiction in cases relative to 
the revenue, in cases of mandamus, habeas corpus, and in such cases of impeach- 
ment as may be by law directed to be tried before it, and shall have appellate 
jurisdiction in all other cases. 

§ 6. The supreme court shall hold one term annually in each of the afore- 
said grand divisions, at such time and place, in each of said divisions, as may 
be provided for by law. 

§ 7. The state shall be divided into nine judicial districts ; in each of which 
one circuit judge shall be elected by the qualified electors thereof, who shall 
hold his office for the term of six years, and until his successor shall be com- 
missioned and qualified; Provided, that the general assembly may increase the 
number of circuits to meet the future exigencies of the state. 

§ 8. There shall be two or more terms of the circuit court held, annually, in 
each county of this state, at such limes as shall be provided by law; and said 
courts shall have jurisdiction in all cases at law and equity, and in all cases of 
appeals from all inferior courts. 

§ !(. All vacancies in the supreme and circuit courts shall be filled by elec- 
tion as aforesaid ; Provided, however, that if the unexpired term does not exceed 
one year, such vacancy may be filled by executive appointment. 



CONSTITUTION. 



15 



§ 10. The judges of the supreme court shall receive a salary of twelve hun- 
dred dollars per annum, payable quarterly, and no more. The judges of the 
circuit courts shall receive a salarj of one thousand dollars per annum, payable 
quarterly, and no more. The judges of the supreme and circuit court > shall 
not be eligible to any other office or public trust, of profit, in this state, or the 
United States, during the term for which they are elected, nor for one year 
thereafter. All votes for either of them for any elective office, (except that of 
judge of the supreme or circuit court,) given by the general assembly, or the 
people, shall be void. 

§11. No person shall be eligible to the office of judge of any court of this 
state who is not a citizen of the United States, and who shall not have resided 
in this state live years next preceding his election, and who shall not for two 
years next preceding his election have resided in the division, circuit, or county 
in which he shall be elected; nor shall any person be elected judge of the su- 
preme court who shall be, at the time of his election, under the age of thirty- 
five years ; and no person shall be eligible to the office of judge of the circuit 
court until he shall have attained the age of thirty years. 

§ 12. For any reasonable cause, to be entered on the journals of each house, 
which shall not be sufficient ground lor impeachment, both justices of the su- 
preme court, and judges of the circuit court, shall be remo\ed from office, on 
the vote of two-thirds of the members elected to each branch of the general 
assembly ; Provided, always, that no member of either house of the general 
assembly shall be eligible to fill the vacancy occasioned by such removal ; Pro- 
vided, also, that no removal shall be made unless the justice or judge complained 
of shall have been served with a copy of the complaint against him, and shall 
have an opportunity of being heard in his defence. 

§ 13. The first election for justices of the supreme court and judges of the 
circuit courts shall be held on the first Monday of September, 1848. 

§ 14. The second election for one justice of the supreme court shall be held 
on the first Monday of June, 1*52; and every three yeara thereafter an elec- 
tion shall be held for one justice of the supreme court. 

§ 15. On the first Monday of June, 1855, and every sixth year thereafter, 
an election shall be held for judges of the circuit courts ; Provided, whenever 
an additional circuit is created, such provision may be made as to hold the second 
election of such additional judge at the regular elections herein provided. 

§ lb*. There shall be, in each county, a court, to be called a county court. 

§ 17. One county judge shall be elected by the qualified voters of each 
county, who shall hold his office for four years, and until his successor is elected 
and qualified. 

§ 18. The jurisdiction of said courf shall extend to all probate and such other 
jurisdiction as the general assembly may confer in civil cases, and such crimi- 
nal caies as may be prescribed by law, where the punishment is by fine only, 
not exceeding one hundred dollars. 

§ 19. The county judge, with such justices of the peace in each county as 
may be designated by law, shall hold terms for the transaction of county busi- 
ness, and shall perform such other duties as the general assembly shall prescribe; 
Provided, the general assembly may require that two justices, to be chosen by 
the qualified electors of each county, shall sit with the county judge in all cases ; 
and there shall be elected, quadrennially, in each county, a clerk of the county 
court, who shall be ex officio recorder, whose compensation shall be fees ; Pro- 
vided, the general assembly may, by law, make the clerk of the circuit court ex 
officio recorder, in lieu of the county clerk. 

§ '20. The general assembly shall provide for the compensation of the county 
judge. 

§ 21. The clerks of the supreme and circuit courts, and state's attorneys, 



10 



CONSTITUTION. 



shall be elected at the first speci.il election for judges. The second election for 
clerks of the supreme court shall be held on the first Monday of June, 1855, 
and every sixth year thereafter. The second election for clerks of the circuit 
courts, and state's attorneys, shall be held on the Tuesday next after the first 
Monday of November, 1852, and every fourth year thereafter. 

§ 22. All judges and state's attorneys shall be commissioned by the gover- 
nor. 

§ 23. The election of all officers, and the filling of all vacancies that may 

happen by death, resignation, or removal, not otherwise directed or provided for 

by this constitution, shall be made in such manner as the general assembly shall 

, direct; Provided, that no such officer shall be elected by the general assembly. 

§ 24. The general assembly may authorise the judgments, decrees, and de- 
cisions of any local inferior court of record, of original, civil, or criminal juris- 
diction, established in a city, to be removed, for revision, directly into the su- 
preme court. 

§ 25. County judges, clerks, sheriffs, and other county officers, for wilful 
neglect of duty, or misdemeanor in office, shall be liable to presentment or in- 
dictment by a grand jury, and trial by a petit jury, and, upon conviction, shall 
be removed from office. 

§ 2b'. All process, writs, and other proceedings shall run in the name of 
" The people of the state of Illinois.' 1 '' All prosecutions shall be carried on 
" In the name and by the authority of the. people of the state of Illinois" and 
conclude, '"Jlgainst the pence and dignity of the same." 

§ 27. There shall be elected in each county in this state, in such districts as 
the general assembly may direct, by the qualified electors thereof, a competent 
number of justices of the peace, who shall hold their offices for the term of 
four years, and until their successors shall have been elected and qualified, and 
who shall perform such duties, receive such compensation, and exercise such 
jurisdiction as may be prescribed by law. 

§ 2S. There shall be elected in each of the judicial circuits of this state, by 
the qualified electors thereof, one state's attorney, who shall hold his office for 
the term of four years, and until his successor shall be commissioned and quali- 
fied; who shall perform such duties and receive such compensation as may be 
prescribed by law ; Provided, that the general assembly may hereafter provide 
by law for the election, by the qualified voters of each county in this state, of 
one county attorney for each county, in lieu of the state's attorneys, provided 
for in this section; the term of office, duties, and compensation of which county 
attorneys shall be regulated by law. 

§ 29. The qualified electors of each county in this state shall elect a clerk 
of the circuit court, who shall hold his office for the term of four years, and 
until his successor shall have been elected and qualified ; who shall perform 
such duties and receive such compensation as may be prescribed by law. The 
clerks of the supreme court shall be elected, in each division, by the qualified 
electors thereof, for the term of six years, and until their successors shall have 
been elected and qualified ; whose duties and compensation shall be provided 
by law. 

§ 30. The first grand division, for the election of judges of the supreme 
court, shall consist of the counties of Alexander, Pulaski, Massac, Pope, Har- 
din, Gallatin, Saline, Williamson, Johnson, Union, Jackson, Randolph, Perry, 
Franklin, Hamilton, White, Wabash, Edwards, Wayne, Jefferson, Washington, 
Monroe, Saint Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, 
Jasper, Effingham, Fayette, Bond, Madison, Jersey, and Calhoun. 

The second grand division shall consist of the counties of Edgar, Coles, 
Moultrie, Shelby, Montgomery, Macoupin, Greene, Pike, Adams, Highland, 
Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott, 



CONSTITUTION. J7 

Sangamon, Christian, Macon, Piatt, Champaign, Vermilion, De Witt, Logan, 
Menard, Cumberland, and Clark. 

Tiie third grand division shall consist of the counties of Henderson, Warren, 
Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, 
Grundy, Kendall, La Salle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, 
Rock Island, Whiteside, Lee, Carroll, Jo Daviess, Stephenson, Winnebago, 
Ogle, De Kalb, Boone, Kane, McHenry, Lake, Cook, and Du Page. 

§ 31. The terms of the supreme court for the first division shall be held at 
Mount Vernon, in Jefferson county ; for the second division, at Springfield, in 
Sangamon county; for the third division, at Ottawa, in La Salle county, until 
some other place in either division is fixed by law. 

§ 32. Appeals and writs of error may be taken from the circuit court of any 
county to the supreme court held in the division which includes such county, 
or, with the consent of all the parties in the cause, to the supreme court in the 
next adjoining division. 

§ 33. The foregoing districts may, after the taking of each census by the 
state, be altered, if necessary, to equalise the said districts in population; but 
such alteration shall be made by adding to such district such adjacent county or 
counties as will make said district nearest equal in population; Provided, no 
such alteration shall affect the office of any judge then in office. 

ARTICLE VL 

ON ELECTIONS AND THE RIGHT OF SUFFRAGE. 

§ 1. In all elections, every white male citizen above the age of twer.ty-one 
years, having resided in the state one year next preceding any election, shall 
be entitled to vote at such election ; and every white male inhabitant of the 
age aforesaid, who may be a resident of the state at the time of the adoption of 
this constitution, shall have the right of voting as aforesaid; but no such citizen 
or inhabitant shall be entitled to vote, except in the district or county in which 
he shall actually reside at the time of such election. 

§ 2. All votes shall be given by ballot. 

§ 3. Electors shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, and in 
going to and returning from the same. 

§ 4. No elector shall be obliged to do militia duty on the days of election, ex- 
cept in time of war or public danger. 

§ 5. No elector shall be deemed to have lost his residence in this state by 
reason of his absence on the business of the United States, or of this state. 

§ t>. No soldier, seaman, or marine, in the army or navy of the United States, 
shall be deemed a resident of this state, in consequence of being stationed at 
any military or naval place within the same. 

§ 7. No person shall be elected or appointed to any office in this state, civil 
or military, who is not a citizen of the United States, and who shall not have 
Tesided in this state one year next before the election or appointment. 

§ 8. The general assembly shall have full power to pass laws excluding 
from the right of suffrage persons convicted of infamous crimes. 

§ 9. The general elections shall be held on the Tuesday next after the first 
Monday of November, biennially, until otherwise provided by law. 

(») 



jg CONSTITUTION. 

ARTICLE VII. 



OF COUNTIES. 



§ 1. No new county shall be formed or established by the general as- 
sembly, which will reduce the county or counties, or either of them, from 
which it shall be taken, to less contents than four hundred square miles; nor 
shall any county be formed of less contents ; nor shall any line thereof pass 
within less than ten miles of any county seat of the county or counties proposed 
to be divided. 

§ 2. No county shall be divided, or have any part stricken therefrom, without 
submitting the question to a vote of the people of the county, nor unless a major- 
ity of all the legal voters of the county voting on the question shall vote lor the 
same. 

§ 3. All territory which has been or may be stricken off, by legislative en- 
actment, from any organised county or counties, for the purpose of forming anew 
county, and which shall remain unorganised after the period provided for such 
organisation, shall be and remain a part of the county or counties from which it 
was originally taken, for all purposes of county and stale government, until oth- 
erwise provided by law. 

§ 4. There shall be no territory stricken from any county unless a majority 
of the voters living in such territory shall petition for such division ; and no ter- 
ritory shall be added to any county without the consent of a majority of the vo- 
ters of the county to which it is proposed to be added. 

§ f). No county seat shall be removed until the point to which it is proposed 
to be removed shall be fixed by law, and a majority of the voters of the county 
shall have voted in favor of its removal to such point. 

§ 6. The general assembly shall provide, by a general law, for a township or- 
ganisation, under which any county may organise whenever a majority of the vo- 
ters of such county, at any general election, shall so determine; and whenever 
any county shall adopt a township organisation, so much of this constitution as 
provides for the management of the fiscal concerns of the said county by the 
county court may be dispensed with, and the affairs of said county may be trans- 
acted in such manner as the general assembly may provide. 

§ 7. There shall be elected in each county in this state, by the qualified elec- 
tors thereof, a sheriff, who shall hold his office for ihe term of two years, and 
until his successor shall have been elected and qualified ; Provided, no person 
shall be eligible to the said office more than once in four years. 

ARTICLE VIII. 

MILITIA. 

§ 1. The militia of the state of Illinois shall consist of all free male able-bodied 
persons, (negroes, mulattoes, and Indians excepted,) resident of the stale, be- 
tween the a»es of eighteen and forty-five years, except such persons as now are 
•r hereafter may be exempted by the laws of the United States or of this state, 
and shall be a.med, equipped, and trained as the general assembly may provide 

by law. 

§ 2. No person or persons, conscientiously scrupulous of bearing arms, shall 
fee compelled to do militia duty in time of peace, provided such person or per- 
sons shall pay an equivalent for such exemption. 

§ 3. Company, battalion, and regimental officers, staff officers excepted, shall 
be elected by the persons composing their several companies, battalions, and reg- 
iments. 



CONSTITUTION. 



19 



§ 4. Brigadier and' major generals shall be elected by the officers of their 
brigades and divisions, respectively. 

§ 5. All militia officers shall be commissioned by the governor, and may hold 
their commissions lor such time as the legislature may provide. 

§ 6. The militia shall, in all cases, except treason, lelony, cr breach of the 
peace, be privileged from arrest during their attendance at musters and election 
of officers, and in going to and returning from the same. 

ARTICLE IX. 

OF TUE REVENUE. 

§ 1. The general assembly may, whenever they shall deem it necessary, cause 
to be collected from all able-bodied, tree white male inhabitants of this state, 
over the age of twenty-one years and under tlie age of sixty years, who are en 
titled to the right of suifrage, a capitation tax of not less than fifty cents, nor 
more than one dollar each. 

§ 2. The general assembly shall provide for levying a tax by valuation, so 
that every person and corporation shall pay a tax in proportion to the value of his 
or her property ; such value to be ascertained by some person or persons to be 
elected or appointed in such manner as the general assembly shall direct, and 
not otherwise ; but the general assembly shall have power Jo tax pedlers, auc- 
tioneers, brokers, hawkers, merchants, commission merchants, showmen, jug- 
glers, inn-keepers, grocery keepers, toll-bridges, and ferries, and persons using 
and exercising franchises and privileges, in such manner as they shall from 
lime to time direct. 

§ 3. The property of the state and counties, both real and personal, and such 
other property as the general assembly may de-em necessary for school, reli- 
gious, anu charitable purposes, may be exempted fronrtaxation. 

§ 4. Hereafter no purchaser of any land or town lot, at any sale of lands or 
town lots for taxes due either to this state or any county, or incorporated town 
or city within the same ; or at any sale for taxes or levies authorised by the 
laws of this state, shall be entitled to a deed for the lands or town lot so pur- 
chased until he or she shall have complied with the following conditions, to wit: 
Such purchaser shall serve, or cause to be served, a written notice of such pur- 
chase on every person in possession of such land or town lot, three months be- 
fore the expiration of the time of redemption on such sale; in which notice he 
shall stale when he purchased the land cr town lot, the description of the land or 
lot he has purchased, and when the time of redemption will expire. In like 
manner he shall serve on the person or persons in whose name or names such 
land or lot is taxed, a similar written notice, if such person or persons shall re- 
side in the county where such land or lot shall be situated ; and in the event that 
the person or persons in whose name or names ihe land or lot is taxed do not reside 
in the county, such purchaser shall publish such notice in some newspaper printed 
in such county ; and if no newspaper is printed in the county, then in the near- 
est newspaper that is published in tnis state to the county in which such lot or 
land is situated; which notice shall be inserted three times, the last time not 
less than three months belore the lime of redemption shall expire. Every such 
purchaser, by himself or agent, shall, before he shall be entitled to a deed, make 
an affidavit ol his Inning complied with the conditions of this section, stating par- 
ticularly the facts relied on as such compliance ; which affidavit shall be deliv- 
ered to the person authorised by law to execute such tax deed, and which >hall by 
him he filed with the othcer having custody of the records of lands and lots sold 
for taxes and entries of redemption in the county where such lnnd or li t shall 
lie, to be by such officer entered on the records of his office, and carefully pre- 



29 CONSTITUTION. 

served among the files of his office ; and which record or affidavit shall be prima 
facie evidence that such notice lias been given. Any person swearing falsely 
in such affidavit shall de deemed guilty of perjury, and punished accordingly. 
. In case any person shall be compelled under this section to publish a notice in a 
newspaper, then, before any person who may have a right to redeem such land 
or lot from such tax sale shall be permitted to redeem, he or she shall pay the officer 
or person who by law is authorised to receive such redemption money, the prin- 
ter's fee for publishing such notice, and the expenses of swearing or affirming to 
the affidavit, and filing the same. 

§ 5. The corporate authorities of counties, townships, school districts, cities, 
towns, and villages may be vested with power to assess and collect taxes for cor- 
porate purposes ; such taxes to be uniform in respect to persons and property 
within the jurisdiction of the body imposing the same. And the general assem- 
bly shall require that all the property within the limits of municipal corpora- 
tions, belonging to individuals, shall be taxed for the pa} ment of debts contracted 
under authority of law. 

§ (j. The specifications of the objects and subjects of taxation shall not deprive 
the general assembly of the power to require other objects or subjects to be 
taxed, in such manner as maybe consislentjwith the principles of taxation fixed 
in this constitution. 

ARTICLE X. 

CORPORATIONS. 

§ I. Corporations, not possessing banking powers or privileges, may be formed 
under general laws, but shall not be created by special acts, except l'or munici- 
pal purposes, and, in cases where, in the judgment of the general assembly, the 
objects of the corporation cannot be attained under general laws. 

§ 2. Dues from corporations, not possessing banking powers or privileges, 
shall be secured by such individual liabilities of the corporators, or other means, 
as may be prescribed by law. 

• § 3. No state bank shall hereafter be created, nor shall the state own or be 
liable for any stock in any corporation or joint stock association for banking pur- 
poses, to be hereafter created. 

§ 4. The stockholders in every corporation, or joint stock association for bank- 
ing purposes, issuing bank notes, or any kind of paper credits to circulate as 
money, shall be individually responsible, to the amount of their respective share 
or shares of stock in any such corporation or association, for all its debts and li- 
abilities of every kind. 

§ 5. No act of the general assembly, authorising corporations or associations 
with banking powers, shall go into effect, or in any manner be in force, unless 
the same shall be submitted to the people at the general election next succeeding 
the passage of the same, and be approved by a majority of all the votes cast at 
such election for and against such law. 

§ 6. The general assembly shall encourage internal improvements, by pass- 
ing liberal general laws of incorporation for that purpose. 

ARTICLE XI. 

COMMONS. 

All lands which have been granted, as a "common," to the inhabitants of any 
town, hamlet, village, or corporation, by any person, body politic or corporate, or 
by any government having power to make such grant, shall forever remain com- 



CONSTITUTION. 21 

mon to the inhabitants of such town, hamlet, village, or corporation ; butthesaid 
commons, or any of them, or any part thereof, may be divided, leased, or grant- 
ed, in such manner as may hereafter be provided by law, on petition of a ma- 
jority of the qualified voters interested in such commons, or any of them. 

ARTICLE XII. 

AMENDMENTS TO THE CON&TITUTION. 

§ I. Whenever two-thirds of all the members elected to each branch of the 
general assembly s-hall think it necessary to alter or amend this constitution, they 
shall recommend to the electors, at the next election of members of the general 
assembly, to vote for or against a convention; and if it shall appear that a ma- 
jority of all the electors of the slate voting for representatives have voted for a 
convention, the general assembly shall, at their next session, call a convention, to 
consist of as many members as the house of representatives at the time of making 
said call, to be chosen in the same manner, at the same place, and by the same 
electors, in the same districts that chose the members of the house of represen- 
tatives; and which convention shall meet within three months after the said elec- 
tion, for the purpose of revising, altering, or amending this constitution. 

§ 2. Any amendment or amendments to this constitution may be proposed in 
either branch of the general assembly ; and if the same shall be agreed to by two- 
thirds of all the members elect in each of the two houses, such proposed amend- 
ment or amendments shall be referred to the next regular session of the general 
assembly, and shall be published at least three months previous to the time of 
holding the next election for members of the house of representatives ; and if, at 
the next regular session of the general assembly after said election, a majority of 
all the members elect in each branch of the general assembly shall agree to said 
amendment or amendments, then it shall b» their duty to submit the same to the 
people at the next general election, lor their adoption or rejection, in such man- 
ner as may be prescribed by law ; and if a majority of all the electors voting at 
such election for members of the house ol representatives shall vote for such 
amendment or amendments, the same shall become a part of the constitution. 
But the general assembly shall not have power to propose an amendment or 
amendments to more than one article of the constitution at the same session. 

ARTICLE XIII. 

That the general, great, and essential principles of liberty and free government 
may be recognised and unalterably established, we declare: 

§ 1. That all men are born equally I'ree and independent, and have certain in- 
herent and indefeasible rights , among which are those of enjoying and defend- 
ing life and liberty, and of accpiiring. possessing, and protecting property and rep- 
utation, and of pursuing their own happiness. 

§ 2. That all power is inherent in the people, and all free governments are 
founded on their authority, and instituted lor their peace, safety, and happi- 
ness. 

§ 3. That all men have a natural and indefeasible right to worship Almighty 
God according to the dictates of their own consciences; that no man can of right 
be compelled to attend, erect, or support any place of worship, or to maintain 
any ministry against his consent; that no human authority can, in any case what- 
ever, control or interfere with the rights of conscience ; and that no preference 
shall ever be given by law to any religious establishments or modes of worship. 

§ 4. That no religious test shall ever be required as a qualification to any of- 
fice or public trust under this state. 

§ 5. That all elections shall be free and equal. 



22 CONSTITUTION. 

§ 6. That the right of trial by jury shall remain inviolate ; and shall extend 
to all cases at law, without regard to the amount in controversy. 

§ 7. That the people shall be secure in their persons, houses, papers, and 
possessions, from unreasonable searches and seizures ; and that general war- 
rants, whereby an officer may be commanded to search suspected places without 
evidence of the fact committed, or to seize any person or persons not named, 
whose oifences are not particularly described and supported by evidence, are 
dangerous to liberty, and ought not to be granted. 

§ 8. That no freeman shall be imprisoned or disseized of his freehold, liber- 
ties, or privileges, or outlawed or exiled, or in any manner deprived of his life, 
liberty, or property, but by the judgment of his peers, or the law of the land. 

§ 9. That in all criminal prosecutions, the accused hath a right to be heard by 
himself and counsel; to demand the nature and cause of the accusation against 
him ; to meet the witnesses face to face ; to have compulsory process to compel 
the attendance of witnesses in his favor; and in prosecutions by indictment or 
information, a speedy public trial by an impartial jury of the county or district 
wherein the offence shall be committed, which county or district shall 
have been previously ascertained by law ; and that he shall not be compelled to 
give evidence against himself 

§ 1U. No person shall be held to answer for a criminal offence unless on the 
presentment or indictment of a grand jury, except in cases of impeachment, or 
in cases cognizable by justices of the peace, or arising in the army or navy, or 
in the militia, when in actual service in time of war or public danger; Provided, 
that justices of the peace shall try no person, except as a court of inquiry, for 
any offence punishable with imprisonment or death, or line above one hundred 
dollars. 

§ 11. No person shall, for the same offence, be twice put in jeopardy of his 
life or limb; nor shall any man's property betaken or applied to public use 
without the consent of his representatives in the general assembly, nor without 
just compensation being made to him. 

§ 12. Every person within this state ought to find a certain remedy in the 
laws, for all injuries or wrongs which he may receive in his person, property, 
or character ; he ought to obtain right and justice freely, and without being 
obliged to purchase it, completely and without denial, promptly and without de- 
lay, conformably to the laws. . 

§ 13. That all persons shall be bailable by sufficient sureties, unless for cap- 
ital offences where the proof is evident or the presumption great ; and the privi- 
lege of the writ of habeas corpus shall not be suspended, unless, when, in cases of 
rebellion or invasion, the public safety may require it. 

§ 14. All penalties shall be proportioned to the nature of the offence; the true 
design of all punishment being to reform, not to exterminate mankind. 

§ 15. No person shall be imprisoned for debt, unless upon refusal to deliver 
up his estate for the benefit of his creditors, in such manner as shall be pre- 
scribed by law, or in cases where there is strong presumption of fraud. 

§ 16. 1 here shall be neither slavery nor involuntary servitude in this state, 
except as a punishment for crime whereof the party shall have been duly con- 
victed. 

§ 17. No ex post factolaw, nor any law impairing the obligation of contracts, 
shall ever be made; and no conviction shall work corruption of blood or forfeit- 
ure of estate. 

§ 18. That no person shall be liable to be transported out of this state for 
any offence committed within the same. 

§ 19. That a frequent recurrence to the fundamental principles of civil gov- 
ernment is absolutely necessary to preserve the blessings of liberty. 

§ 20. The military shall be in strict subordination to the civil power. 



CONSTITUTION. 23 

§ 21. That the people have a right to assemble together in a peaceable man- 
ner to consult ibr their common good, to instruct their representatives, and to 
apply to the general assembly for redress of grievances. 

§ 22. No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner ; nor in time of war, except in manner prescribed by 
law. 

§ 23. The pri.jting presses shall be Tree to every person who undertakes to ex- 
amine the proceedings of the general assembly, or of any branch of government; 
and no law shall ever be made to restrain the right thereof. The free communi- 
cation of thoughts and opinions is one of the invaluable rights of man ; and eve- 
ry citizen may freely speak, write, and print, on any subject, being responsible 
for the abuse of that liberty. 

§ 24. In prosecutions for the publication of papers investigating the official 
conduct of officers, or of men acting in a public capacity, or when the matter 
published is proper for public information, the truth thereof may be given in ev- 
idence, and in all indictments for libels, the jury shall have the right of deter- 
mining both the law and the fact, under the direction of the court, as in other 
cases. 

§ 25. Any person who shall, after the adoption of this constitution, fight a 
duel, or send or accept a challenge for that purpose, or be aider or abettor in 
fighting a duel, shall be deprived of the right of holding any office of honor or 
profit in this state, and shall be punished otherwise, in such manner as is or may 
be prescribed by law. 

§ 2b'. That from and after the adoption of this constitution, every person who 
shall be elected or appointed to any office of profit, trust, or emolument, civil or 
military, legislative, executive, or judicial, under the government of this state, 
shall, before he enters upon the duties of his office, in addition to the oath pre- 
scribed in this constitution, take the following oath: "I do solemnly swear v or 
affirm, as the case may be,) thht I have not fought a duel, nor sent or accepted 
a challenge to light a duel, the prob.tble issue of which might have been the 
death of either party, nor been a second to either party, nor in any manner aid- 
ed or assisted in such duel, nor been knowingly the bearer of such challenge or 
acceptance, since the adoption of the constitution; and that 1 will not be so en- 
gaged or concerned, directly or indirectly, in or about any such duel, during my 
continuance in office. So help me God." 



ARTICLE XIV. 



v V 



The general assembly shall, at its first session under the amended constitu- 
tion, pass sucli laws as will effectually prohibit free persons of color from immi- 
grating to and settling in this state; and to effectually prevent the owners of 
slaves from bringing them into this slate, for the purpose of setting them free. 

ARTICLE XV. 

There shall be annually assessed and collected, in the same manner as other 
state revenue may be assessed and collected, a tax of two mills upon each dol- 
lar's worth of taxable properly, in addition to all other t.ixes, to be applied as 
follows, to wit; the fund so created shall be kept separate, and shall annually, 
on the first day of January, be apportioned and paid over pro rata upon all such 
state indebtedness, other than the canal and school indebtedness, as may, ior that 
purpose, be presented by the holders of the same, to be entered as credits upon, 
and, to that entent, in extinguishment ol the principal of said indebtedness. 



24 CONSTITUTION. 

SCHEDULE. 



That no inconvenience may arise from the alterations and amendments made in 

the constitution of this state, and to carry the same into complete effect, it i» 

hereby ordained and declared : 

§ 1. That all laws in force at the adoption of this constitution, not inconsis- 
tent therewith, and all rights, actions, prosecutions, claims, and contracts of this 
state, individuals or bodies corporate, shall continue and be as valid as if this con- 
stitution had not been adopted. 

§ 2. That all tines, penalties, and forfeitures due and owing to the state of Il- 
linois under the present constitution and laws, shall enure to the use of the peo- 
ple of the stale of Illinois under lhis constitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments entered in- 
to or executed, before the adoption of this constitution, to the people of the state 
of Illinois, to any state or county officer or public body, shall remain binding and 
valid, and rights and liabilities upon the same shall continue, and all crimes and 
misdemeanors shall be tried and punished as though no change had been made 
in the constitution of the state. 

§ 4. That ''article XI," entitled "commons," is hereby adopted as a part of 
the constitution of this state, without being submitted to be voted upon by the 
people. 

§ 5. That at the first election fixed by this constitution for the election of 
judges, there shall be elected one circuit judge in each of the nine judicial cir- 
cuits now established in this state. 

§ G. The county commissioners' courts and the probate justices of the sever- 
al counties shall continue in existence and exercise their present jurisdiction un- 
til the county court, provided in this constitution, is organised in pursuance of 
an act of the general assembly to be passed at its first session. 

§ 7. That the clerk of the circuit court, in each county fixed by this consti- 
tution as the place for holding the supreme court, except in the county of Sanga- 
mon, shall be ex officio clerk of the supreme court, until the clerks of said court 
shall be elected and qualified, as provided in this constitution, and all laws now- 
in force, in relation to the clerk of the supreme court, shall be applicable to said 
clerks and their duties. 

§8. That the sheriffs, state attorneys, and all other officers elected under this 
constitution, shall perform such duties as shall be prescribed by law. 

§ 9. That the oaths of office herein required to be taken may be administered 
by a justice of the peace until otherwise provided by law. 

§ 10. That this constitution shall be submitted to the people for their adoption 
or rejection, at an election to be held on the first Monday in March, a. d. 1848, 
and there shall also be submitted for adoption or rejection at the same time, the 
separate articles in relation to the emigration of colored persons and the public 
debt. 

§ 11. That every person entitled to vote for members of the general assembly, 
by the constitution and laws now in force, shall, on the first Monday in March, 
a. d. 1818, be entitled to vote for the adoption or rejection of this constitution, 
and for and ag.iinst the aforesaid articles separately submitted, and the said qual- 
ified electors shall vote in the counties in which they respectively reside, at the 
usual places of voting, ar-d not elsewhere; and the said election shall be conduct- 
ed according to the laws now in lorce in relation to the election of governor, so 
far as applicable, except as herein otherwise provided. 

§ 12. That the poll- book to be used at said election shall, as nearly as practi- 
cable, be in the following form, to wit: 



CONSTITUTION. 



25 



Poll-Book of an election held at 



•precinct, in the county of 



on 



the first Monday of March, A. D. 1848, for the adoption or rejection of the 
Constitution and the separate articles submitted. 





c 

o 


a 


a 




1 

- • 





-2 


















"^ 


■g 


J2 3 


*■• 


QJ 


f o 


Names of jhe Voters. 


(A 

3 
U 

Cm 


(/j 

3 



09 


.S " 

« S 


CO 

— 


1 — 1 C3 




O 






O) _. 




V 




rt 




e3 S 




»; £ 


,c 






c 


„, 


— ' w 


c3 


*-' £ 








V 


•u 






















CL, 

O 

< 





** 
— "*^ 



.5 B 

"3 


J- 
O 


to 




P$ 


fa 


< 


fa 


< 


A. B. 


1 




1 




1 




CD. 




1 


2 




2 




[E.F.] . . . 


2 






1 


3 




[G.H.] . . . 






3 






1 



§ 13. That the returns of the votes for the adoption or rejection of this con- 
stitution, and for and against the separate articles submitted, shall be made to the 
secretary of state, within fifty days after the election, and the returns of the votes 
shall, within five days thereafter, be examined and canvassed by the auditor, 
treasurer and secretary of state, or any two of them, in the presence of the gov- 
ernor, and proclamation shall be made by the governor, forthwith, of the result of 
the polls. If it shall appear that a majority of all the votes polled are for the 
adoption of this constitution, it shall be ihe supreme law of the land, from and 
after the first day of April, a. d. 18-48, but if it shall appear that a majority of 
the votes polled were given against the constitution, the same shall be null and 
void. If it shall further appear that a majority of the votes polled shall have 
been given for the separate article in relalion to colored persons, or the article 
for the two mill tax, then said article, or artiiles, shall be and form a part of this 
constitution; otherwise said article, or articles, shall be null and void. 

§ 14. That if this constitution shall be ratified by the people, the governor 
shall, forthwith, after having ascertained the fact, issue writs of election to the 
sheriffs of the several counties in this state; or, in case of vacancy, to the coro- 
ners, for the election of all the officers, the time of whose election is fixed by 
this constitution, or schedule; and it shall be the duty of said sheriffs or coro- 
ners to give at least twenty days' notice of the time and place of said election, in 
the manner now provided by law. 

§ 15. The general assembly shall, at its first session after the adoption of this 
constitution, provide by law tor the mode of voting by ballot, and also for the 
manner of returning, canvassing, and certifying the number of votes cast at any 
election ; and until said law shall be passed, all elections shall be viva voce, and 
the laws now in force regulating elections shall continue in force until the gener- 
al assembly shall provide otherwise, as herein directed. 

§ 16. That the first general election of governor, secretary of state, auditor, 
treasurer, and member* of the general assembly, and of such other officers as are 
to be elected at the same time, shall be held on the first Monday of August, eigh- 
teen hundred and forty- eight, any thing in this constitution to the contrary not- 
withstanding. County officers then elected shall hold their respective offices un- 



26 CONSTITUTION. 

til their successors arc elected or appointed, in conformity with laws hereafter 
enacted. 

§ 17. That returns of the election of justices of the supreme and judges of the 
circuit courts, secretary of state, auditor, and treasurer, shall be made and can- 
vassed as is now provided by law lor representatives in congress ; and returns 
for members of the general assembly and county officers shall be made and can- 
vassed as is now provided by law. 

§ 18. That all laws of the state of Illinois, and all official writings, and the ex- 
ecutive, legislative, and judicial proceedings, shall be conducted, preserved, and 
published in no other than the English language. 

§ 19. On the first Monday in December, one thousand eight hundred and forty- 
eight, the term of office of judges of the supreme court, stale's attorneys, and of 
the clerks of the supreme and circuit courts, shall expire; and on said day, the 
term of office of the judges, state's attorneys, and clerks elected under the pro- 
visions of this constitution, sh_.ll commence. The judges of the supreme court, 
elected as aforesaid, shall have and exercise the powers and jurisdiction confer- 
red upon the present judges of that court; and the said judges of the circuit 
courts shall have and exercise the powers and jurisdiction conferred upon the 
judges of those courts, subject to the provisions of this constitution. 

§ 20. On the first Monday in December, one thousand eight hundred and for- 
ty-eight, jurisdiction of all suits and proceedings then pending in the present su- 
preme court shall become vested in the supreme court established by this con- 
stitution, and shall be finally adjudicated by the court where the same may be 
pending. The jurisdiction of all suits and proceedings then pending in the cir- 
cuit courts of the several counties shall be vested in the circuit courts of said 
counties. 

§ 21. The Cook and Jo Daviess county courts shall continue to exist, and the 
judge and other officers of the same remain in office until otherwise provided by 
law. 

§ 22. Until otherwise provided by law, the terms of the supreme court shall 
be held as follows ; In the first division, on the first Monday of December, a. d. 
1848, and annually thereafter. In the second division, on the third Monday of 
December, a. d. 1848, and annually thereafter. In the third division, on the 
first Monday of February, a. d. 1849, and annually thereafter. The sheriffs of 
Jefferson and La Salle counties shall perform the same duties and receive the 
same compensation as is required and provided for the sheriff of Sangamon coun- 
ty, until otherwise provided by law. 

§ 23. Nothing in this constitution shall prevent the general assembly from 
passing such laws in relation to the apprenticeship of minors, during their minor- 
ity, as may be necessary and proper. 

§ 24. That the general assembly shall pass all laws necessary to carry into ef- 
fect the provisions of this constitution. 

§ 25. Elections of judges of the supreme and circuit courts shall be subject 
to be contested. 

§ 26. Contested elections of judges of the supreme court, shall be tried by the 
senate, and of judges of the circuit court by the supreme court, and the general 
assembly shall prescribe the manner of proceeding therein. 

Done in convention, at the capitol, in the city of Springfield, on the thirty-first 
day of August, in the year of our Lord one thousand eight hundred and for- 
ty-seven, and of the Independence of the United States of America, the sev- 
enty-second. 



LAWS OF 1849. 



AN ACT making partial appropriations for defraying the expenses of this In force Janu- 
general assembly. aiy H, 1849. 

Section 1. Be it enacted by the people of the strife of Illinois, 
represented in the general assembly, That the auditor of public ac- An( ];t or to 
counts be, and he is hereby, required to draw warrants on the draw warrants* 
treasury for the sum of fifty dollars to each member of the senate To members 
and house of representatives, and warrants for a like sum to the ami officers, 
speaker of each house, the secretary and assistant secretary of the 
senate, the clerk and assistant clerk of the house of representa- 
tives, the enrolling and engrossing clerk of each house, each of the 
doorkeepers and assistant doorkeepers, and the sum of thirty dol- 
lars to the copyists of the journal> of each house, as also the sum 
of seventy-four dollars to ex-lieutenant governor Wells, for his ser-To Gov. Wells, 
vices as speaker of the senate during the present session. 

§ 2. That any money now in the treasury, or which may be re- 
ceived into the treasury previous to the 1st March, 1849, and not 
otherwise appropriated by law, shall be applied ta the payment of 
the current expenses of the present session. 

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

Approved January 11, 1849. 



AN ACT making appropriations for the pay of the members and Officers of the T n force Feb- 
general assembly, and for the salaries of the officers of the government, until ruarj 12, '49. 
the adjournment of the next regular session. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the following appropria- 
tions be, and the same are hereby, made to the members and offi* 
cers of the general assembly, and for the salaries of the officers of 
the government, until the adjournment of the next regular session 
thereof; it being understood and intended that the appropriations 
hereinafter mentioned, shall extend to the next regular session of 
the general assembly, as well as to the present: 

1. To the speaker of the senaie and of the house of represen- to speakers- 
tives, each, the sum of three dollars per day for the first forty-two 



28 



APPROPRIATIONS. 



To members. 



Mileage. 



Secretaries of 
senate, and 
clerks of house 

Sergeant-at- 
arms, and door- 
keepers. 



Kng. clerks. 



As. eng. clerks 



Copyists. 



Proviso. 



To J. M. David- 
son. 

To clergymen. 



To the gover- 
nor. 

Auditor. 



days' attendance, and two dollars per day for each day's attendance 
thereafter. 

2. To each member of the senate and of the house of represen- 
tatives, the sum of two dollars per day for the first forty-two days' 
attendance, and one dollar per day for each day's attendance there- 
after. 

3. There shall be allowed to each of the members of the gen- 
eral assembly, including the speakers of both houses, ten cents per 
mile for each necessary mile's travel in going to and returning from 
the seat of government. 

4. There shall be allowed to the secretary and assistant secre- 
tary of the senate, and to the clerk and assistant clerk of the house 
of representatives, each, the sum of four dollars per day. 

5. To the sergeant-at-arms and assistant sergeant-at-arms of 
the senate, and to the doorkeeper and assistant doorkeeper of the 
house of representatives, each, the sum of the three dollars per 
day ; 

6. To the engrossing and enrolling clerks of the senate and of 
the house of representatives, each, the sum of three dollars per 
day. 

7. To the assistant engrossing and enrolling clerks of the sen- 
ate and house of representatives, each, the sum of three dollars per 
day for the time actually employed, to be certified by the principal. 

8. To the copyists of the journals of the senate and house of 
representatives, each, the sum of three dollars per day, at the pres- 
ent session of the general assembly. And the compensation hereby 
allowed to each of the officers and members of the general assem- 
bly shall be certified by the speakers of the respective houses, and 
entered on the journals, and published at the close of the session; 
Provided, that the compensation of the speaker of the senate shall 
be certified by the secretary thereof, and the compensation of the 
speaker of the house shall be certified by the clerk thereof, and en- 
tered on the journals, and published as aforesaid ; which said cer- 
tificates, when made and signed as aforesaid, shall be sufficient evi- 
dence 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 entitled as aforesaid, to be paid out of any moneys 
in the treasury not otherwise appropriated. 

To James M. Davidson, for seven days' attendance as door- 
keeper of the house at the present session of the general assembly, 
twenty-one dollars. 

To the clergymen of Springfield who have officiated as chaplains 
to the general assembly, the sum of one hundred and twenty-six 
dollars, to be divided among them as they shall agree among them- 
selves. 

§ 2. The following sums are hereby appropriated for the sala- 
ries of the officers hereinafter mentioned, until the adjournment of 
the next regular session of the legislature, as aforesaid : 

1. To the governor, at the rate of fifteen hundred dollars per 
annum. 

2. To the auditor of public accounts, at the rate of one thousand 
dollars per annum, exclusive of clerk hire; and to the said auditor 
at the rate of eleven hundred dollars per annum for clerk hire; and 
he is hereby required to keep two clerks constantly employed in 



APPROPRIATIONS. 29 

his office until the adjournment of the next regular session, as 
aforesaid. 

3. To the state treasurer, at the rate of eight hundred dollars per state treasurer. 
annum, and no more. 

4. To the secretary of state, at the rate of eight hundred dollars sec'ry of state. 
per annum, and no more. 

5. To each of the judges of the supreme court of this state, at Judges of the 
the rate of twelve hundred dollars per annum. supreme court. 

6. To each of the judges of the circuit courts of this state, at Judges of the 
the rate of one thousand dollars per annum. circuit court. 

7. To each of the state's attorneys in the several judicial circuits state's attor- 
of this state, at the rate of two hundred and fifty dollars per an- neys * 
num. 

8. To each of the inspectors of the penitentiary, at the rate of inspects of the 
one dollar and fifty cents per clay; Provided, the same shall not ex- pemtentiary * 
ceed, to each, more than the sum of one hundred dollars per annum. 

9. To Michael McNamara, the porter to the state offices, at the M - McNamara. 
rate of three hundred and sixty-five dollars per annum. 

10. To the secretary employed in the fund commissioner's office, Secretary fund 
at the rate of four hundred dullars per annum, to he employed no comnui,!>10Der ' 
longer than is necessary in the opinion of the governor. And it 

shall be the duty of the auditor of public accounts to issue his war- 
rant on the treasurer for quarterly payments to the foregoing named 
officers. 

To the judge of the Cook county court, erected by an act ap- Judge of Cook 
proved 21st February, 1845, at the rate of six hundred dollars per county court, 
annum. 

To the prosecuting attorney of the said Cook county court, at Att01 ' nev u0 - 
the rate of one hundred and fifly dollars per annum. 

Approved February 12, 1849. 



AN ACT supplemental to an act making appropriations for the pay of members i n force Feb. 
and officers of the present general assembly. !2 1849 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the doorkeeper and assist- Additional pay 
ant doorkeeper of the senate and house of representatives be todoorkee r ers - 
allowed fifty cents per day in addition to the sum allowed by the 
bill passed at the present session of the general assembly. 

Approved February 12, 1849. 



AN ACT to provide for the ordinary and contingent expenses of the government, 
until the adjournment of the next regular session of the general assembly, j" *j??g 
ami for sundry accounts for mateiials and necessaries furnished for the use IZ » 1B4a - 



lry 
of the state. 



Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the following sums be, and 
the same are hereby, appropriated to meet the ordinary and contin- 



30 



APPROPRIATIONS. 



gent expenses of the government until the adjournment of the next 

regular session of the general assembly of the state ol Illinois: 

Contiug'nt fund 1- The sum of eight thousand dollars, as a contingent fund to 

meet the contingent expenses of the state government; and the said 

fund shall be subject to the order of the governor, for the purpose 

of defraying all such expenses as are unforeseen by the general 

assembly, or are unprovided for by law, and a proper statement of 

which shall be laid before the next general assembly by the auditor 

in his biennial report. 

incidental ex- 2. The sum of four thousand six hundred dollars, as a fund to 

penses. meet the incidental expenses of the state government, which shall 

be appropriated as follows, to wit : 
For auditor's To the auditor's office, for blanks, patents, books, postage, re- 
office, pairs, furniture, abstracts of lands, &c, the sum of twenty-three 

hundred and fifty dollars. 
For treasurer's To the office of state treasurer, for books, furniture, postage, 
office. candles, &c, the sum of two hundred dollars. 

For secret'ry of To the office of secretary of state, for postage, printing, commis- 
state's office, sions, blanks, circulars, candles, blank books, freight bills, furni- 
ture, &c, the sum of fifteen hundred dollars. 
For executive To the executive department, for postage, candles, blank books, 
department. furniture, &c, the sum of five hundred and fifty dollars. 
For clerk in ex. 3. The sum of three dollars per day for the time actually em- 
department. ployed, for the hire of a clerk during the present and the next 
regular session of the legislature, in the executive department, the 
amount to be certified by the governor, and his certificate shall be 
sufficient evidence to the auditor, who shall issue his warrant to 
the treasurer for the same, and the said treasurer shall pay the 
same out of any moneys not otherwise appropriated. 
To M. McNam- The sum f one dollar to Michael MciSamara, for fixing speaker's 

chair. 
r~.. ,.,>„ -o „r 4. The sum of one hundred dollars, for repairs of the governor's 

For repairs of ' r o 

gov'nor's house house. 

§ 2. That the following sums be, and the same are hereby, ap- 
propriated to meet the following accounts incurred by the present 
general assembly, viz: The sum of twenty dollars and seventy- 
To Hickox & { wo cen t s to Hickox & Brother, for articles furnished the state; the 
To Birchall & sum °* seven dollars and thirty cents to Birchall &Owen, for bind- 
Owen. ing rules, &c. ; the sum of six dollars twenty cents to J. W. Keys, 

ToJ * w " Keys- for administering oaths to the present general assembly ; the sum 

™ , . ,, u of ten dollars to Jackson A. Hough, for post office box and draw- 
To J. A. Hough. . ,.,.,. , 11 T - 1 TT l TT f 1 , • .1 

To J. van Horn. ers 5 tne sum °' n ' tv dollars to John Van Horn, for translating tfie 
new constitution of the state into the German languege, as dn'ered 
by the convention; the sum of eight dollars and twen y-lniu cents 

To D. & I. p. to D. & I. P. Spear, for locks, screws, &c. ; the sum of eight 
Spear. dollars and ninety cents to Lewis, Adams & Co., for hall lamps, 

To Lewis. Aci- * 

ams & Co. pitchers, &c. ; the sum of three dollars to Lavely & Moul, for cne 
ToLaveiy& dozen brooms, pitchers, &c. ; the sum of one dollar per day to 
J£°t' Connor Thomas Connor and Nicholas Hogan.the two extra hands employed 
and N. Hogan.for carrying wood, &c, for the use of the senate and house of re- 
presentatives, each — to be certified to the auditor by ihe r>tcretary 
of state; the sum of two hundred and forty three dollars and six- 
ToJ. Bunn. teen cents to J. Bunn, for sperm candles and sundries furnished 
for the use of the state; the sum necessary to pay the expen>es of 
For fitting up fitting the court rooms of the three grand divisions of the supreme 
courtrooms. com t } furnishing furniture, &c, as provided lor by an act author- 



APPROPRIATIONS. 



31 



ising the judges of said court to have the same done, and to audit 

the accounts, passed at this session, is hereby appropriated, and 

the auditor shall issue his warrant on the treasurer for the same, 

upon the presentation of the certificate of the judges of the said 

court, or either of them ; the sum of twenty-five dollars to John 

B. Blackford, for services rendered by him as commissioner under 1 " J - R. Biack- 

"an act to provide for the sale of property in White county," 

passed February 27, 1847; the sum of two hundred dollars to such For i n( j e xinp, 

persons as have been, or may be, employed by the secretary of state &c, laws and 

to index and make marginal notes to the laws and journals of the J° urnals - 

present session of the general assembly : and the sum of fifty dol- 

F , n i l ii. For copying 

Iars to such person or persons as have been, or may be, employed j aws f or p a pers. 
by the secretary of state to copy the laws of the present session 
for publication in the newspapers at Springfield — warrants to be 
drawn by the auditor for the last two mentioned sums upon the 
certificate of the secretary of state ; the sum of one hundred dol- 
lars to the publishers of the State Regi>ter t and one hundred dol- to Register, 
lars to the publishers of the Journal, for publishing the laws of the, , , 

. /. , . i_ i? i Journal, and 

present session, to be paid alter the services shall have been ren- 
dered ; also the sum of one hundred dollars to the Illinois Tempe- 0r £ an - 
ranee Organ, for publishing the laws of the present general assem- 
bly of the state of Illinois ; and the auditor is hereby authorised to 
issue his warrant, or warrants, on the treasurer for the above men- 
tioned sums ; and the treasurer is hereby required to pay the same 
out of any moneys in the treasury not otherwise appropriated. 
Approved February 12, 1849. 



AN ACT to pay the expenses of the joint select committee therein named. In force Feb. 

6, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
repr- nied in the general assembly, That the auditor of public ac- 
coum:- of this state be ; and he is hereby, directed to issue his war- 
rant^ upon the treasurer for the sum o>" twenty-one dollars and For P a J; of J oint 
thirty-lour cents, in favor of, and to each of the joint select com- comnu ee * 
mitttv appointed by this general assembly to visit the stale peniten- 
tiary, and who did, in accordance with such appointment, visit said 
penitentiary. 

§ 2, That the treasurer be, and he is hereby, directed to pay the 
•warrants directed to be issued by the foregoing section, from any 
funds now in the treasury not expre*sly appropriated. 

This act to lake effect from and after its passage. 

Appkoved February 6, 1849. 



AN ACT to compensate Mason Rrayman for services performed for the state I n force Feb. 
by appointment uf the general assembly. 1°> 1849. 

Section 1. Be it enac ed by the people of the state of Illinois, 
Represented in the general assembly, That the auditor issue his war- 
rai. i favor of Mason Bray man for the sura of eight hundred dol- to M. BraymaB 



32 



APPROPRIATIONS. 

lars, in full for his services, from the 3d of March to the 26th of 
of October, 1845, in completing and superintending the publication 
of the revised statutes, making index to the same, &c, under his 
appointment by the general assembly, by virtue of sec. 10, chap. 
90 of the revised statutes. This act to take elfect from and after 
its passage. 

Approved February 10, 1849. 



In force Feb. AN ACT making an allowance to Johnson & Bradford, for binding the revised 

10, 1849. statutes. 

Section I. Be it enacted by the people of the state of Illinois, 

represented in the general assembly, That the sum of eight hundred 

_ T . . and fifty-nine dollars be, and the same is hereby, allowed to John- 

To Johnson & .,*.•.-,.»«« , . -, i p,i. 

Bradford. son & Bradford, in full for the amount due them on account ot the 
miscalculation of the officer having charge of the publication of the 
revised laws ; and the auditor of public accounts is hereby author- 
ised to issue his warrant on the treasurer, to said Johnson & Brad- 
ford, for the above mentioned sum. 

§ 2. This act to take effect from and after its passage. 

Approved February 10, 1849. 



In force Jan. AN ACT mal{ i n S an appropriation to pay for the distribution of the journals of 
26 1849. * the constitutional convention, and for other purposes. 

Section 1. Be it enacted by the people of the state of Illinois, 

represented in the general assembly, That the following sums be, and 

they are hereby, appropriated to the persons hereinafter mentioned, 

To D. E. Ruckel to wit : To D. E. Ruckel, for making post office case, seven dol- 

To j. s. Brad- lars ; to John S. Bradford, for distributing the journals of the con- 

ford - stitutional convention, and the address of the superintendant of 

common schools, in fifty counties ot this state, being two thousand 

two hundred and twenty-three miles' travel, four hundred forty- 

To p. Warren, four dollars and sixty cents ; to Peter Warren, for distributing the 

journals of the constitutional convention, and the address of the 

superintendant of common schools, in forty counties of this state, 

being nineteen hundred miles' travel, three hundred and eighty dol- 

To J. s. Brad- lars ; and to John S. Bradford, for indexing the journals of the con- 

ford- stitutional convention, thirty dollars. 

Audit'r to issue § 2. The auditor of the state of Illinois is hereby authorised 
warrants. and j^ggt^ to issue his warrants on the treasurer to each of the 
above named persons, for the sums appropriated to them respec- 
tively. This act to take effect from and after its passage. 
Approved January 26, 1849. 



APPROPRIATIONS. 



33 



AN ACjT to pay certain persons the balance clue them from the state. 



In force 
Feb. 3, 1340. 



Section 1. Be it enacted by the people of the state of Illinois, rep- 
resented in the general assvmbly, That there shall be paid to each of 
the persons named in the schedule hereunto annexed, the amounts 
respectively due to such person as is shown in the third column of'Audit'r to issue 
such schedule, and the auditor is hereby authorised and required to warrants, 
draw warrants upon the treasury for the balance due each officer, 
or other individual, named in said schedule, for the amount due him, 
as appears thereby ; Provided, that the auditor shall not draw war- 
rants in favor of any of said claimants, except by order of said claim- 
ant or his leojal representative, to be expressed in writing and tiled 
with the auditor. 

Approved February 3, 1849. 

A LIST showing the pay, the amount received, and the amount schedule, 
due the persons therein named, called into service by the governor, 
to suppress the Hancock disturbances. 



Names. — Rank. 



John J. Hardin, brie;, general, 
W. B. Warren, brig, major, - 
S. A. Douglas, aid, 
J. A. McDougall, aid, 

0. M. Hatch, quartermaster, - 
Z. N. Garbat,~quartermaster, - 
M. S. Morris, quartermaster, - 
Jno. Neely, commissary, 

W. M. Warren, commissary, - 
R. Worthington, surgeon, 
M. K. Anderson, adjutant general, 
First Battalion. 

Peter Roberts, major, 
J. M. McClain, adjutant, 

1. R. Bennet, quartermaster, - 
J. S. Price, paymaster, 

L. J. Ladd, quart Ttnaster sergeant. 

J. VV. Pratt, sergeant major, 

J. W. Smith, captain, 

S. Hardin, 1st lieutenant, 

Thos. K^rlin, 2d lieutenant, - 

W. Hill, 3d lieutenant, 

M. W. Delahay, captain, 

C. H. Haverclult, 1st lieutenant, 

J. Hickev, 21 lieutenant, 

E. M. Mai lory, captain, 

S. Powell, 1st lieutenant, 

R. Stoker, 2d lieutenant, 

R. W. Price, 3d lieutenant, 

B. B McCormack, captain, - 

G. W. Evans, 1st lieutenant, 

J. S. Wright, 2d lieutenant, - 

M. Turnei. captain, - 

S. M. Burch, 1st lieutenant, - 

W. J. Wyatt, 2d lieutenant, - 

(<0 



Days. 
24 
24 
24 
24 
24 
21 
24 
24 
24 
24 
19 

21 
15 

15 
23 
21 
15 
19 
19 
19 
10 
15 
15 
15 
19 
19 
19 
19 
19 
19 
19 
19 
19 
19 



51*7 44 
122 60 
81 60 
81 60 
81 60 
73 44 
73 44 
73 44 
73 44 
92 20 
103 70 

66 15 
30 42 
30 42 
53 42 
20 37 
17 55 
43 42 
33 34 
33 34 
33 34 
41 78 
33 53 
3 5 53 
53 49 
43 04 
43 04 
43 04 
58 51 
45 96 
45 96 
58 51 
45 96 
45 96 



T3 




o> 




> 




<U 




O 




<J 




jj 




C 




o 




s 




< 




$120 69 


39 41 


39 41 


39 41 


39 


41 


39 41 


39 


41 


39 41 


39 41 


39 41 


32 


30 


41 


58 


12 


15 


12 


15 


31 


42 


15 


75 


14 


25 


29 


93 


20 


43 


20 


43 


20 


43 


22 


13 


14 


63 


14 


63 


26 


60 


17 


10 


17 


10 


31 


42 


30 00 


19 50 


19 


50 


30 


00 


19 50 


19 50 



$66 75 
83 19 
42 19 
42 19 
42 i9 
34 03 
34 03 
34 03 
34 03 
52 79 
71 40 



24 57 
18 27 

18 27 
22 00 

4 62 
3 30 
13 49 
12 81 
12 81 
12 81 

19 65 
18 90 
18 90 
26 89 

25 94 

25 94 
11 62 
28 51 

26 46 
26 46 
28 51 
26 46 
26 46 



34 



Schedule. 



APPROPRIATIONS. 

LIS!— Continued. 









T3 










V 

> 






'> 




'3 


OJ 


Names. — Rank. 


01 


>> 




3 




U~ 


C3 








O 


P. 


B 


C 




s 


"3 
o 


3 
O 

c 


a 

O 

S 




H 


H 


< 


< 


Second Battalion. 


Days. 








H. N V. Holmes, major, 


17 


$53 45 


$33 66 


$19 89 


M. Hay. adjutant, - 


17 


39 78 


12 75 


27 03 


Jno. Porter, quartermaster, 


17 


39 78 


12 75 


27 03 


J. D. Brents, captain, 


17 


43 52 


21 2i 


22 27 


W. Kinman, 1st lieutenant, 


17 


34 17 


12 75 


21 42 


R. Lucas, '2d lieutenant, 


17 


34 17 


12 75 


21 42 


J. B. Donalson, captain, 


17 


43 52 


21 25 


22 27 


W. R. Wills, 1st lieutenant, - 


17 


34 17 


12 75 


21 42 


Aury Brown, 2d lieutenant, - 


17 


34 17 


12 75 


21 42 


J. D. Morgan, captain, 


17 


29 08 


18 85 


10 23 


B. M. Prentiss, 1st lieutenant, 


17 


20 95 


12 35 


8 60 


W. Y. Henry, 2d lieutenant, - 


17 


20 95 


12 35 


8 60 


Chs. Everett, 3d lieutenant, - 


17 


20 95 


12 35 


8 60 


W. Vanpeit, captain, 


17 


36 72 


24 65 


12 07 


A M. Powell, 1st lieutenant, 


17 


27 37 


16 15 


11 22 


J. Metz, 2d lieutenant, 


17 


27 37 


16 15 


11 22 


W. B. vVarren, major. 


250 


1175 23 


601 22 


573 75 


W. M. Warren, commissary, - 


220 


613 51 


431 82 


181 69 


J. D. Morgan, captain, 


240 


674 40 


523 20 


151 20 


W. Y. Henry, 1st lieutenant, - 


240 


530 30 


287 90 


242 40 


Chs. Everett, 2d lieutenant, - 


210 


461 52 


244 42 


217 10 


M. Turner, captain, - 


90 


165 53 


108 83 


56 70 


W. J. Wyatt, 1st lieutenant, - 


90 


113 57 


40 67 


72 90 


L. W. Sweet, 2d lieutenant, - 


90 


78 32 




78 32 


P. Boulware, 3d lieutenant, - 


90 


191 15 


100 25 


90 90 


J. Hathaway, error in account, 








69 51 


L. J Ladd, teamster, omitted, 








42 00 


Darius Elmore, teamster, omitted, 








42 00 


J. S. Pratt, ferriage, Meredosia, 








27 37 


Samuel P. Metz, a private in Captain 










Brent's company, omitted on list, - 








17 00 


W. S. Spencer, forage furnished troops, 








13 32 


G.B. Thompson, ferriage, Beardstown, 








70 45 


Joseph Welsh, for lost horse, 








40 00 


Isaac Willson, boarding troops, 








211 00 



In force Jan. AN ACT to pay Harman G. Reynolds for services rendered during the last session 
31 1849. °^ '^ e general assembly. 

Section 1. Be it enacted by the people of the. state of Illinois, 
represented in the general assembly, That the auditor of public ac- 
Auditor to is- counts j^ authorised and required to issue a warrant to Harman G. 
I&XJ?Eeynold8. Reynolds, for such sum as may be found due herein, upon the cer- 
tificate of the secretary of state, at the rate of two dollars per day, 
for services rendered by said Reynolds as assistant in the office of 
secretary of state, during the last session of the general assembly. 
Approved January 31, 1849. 



APPROPRIATIONS. 



35 



AN ACT to amend an ect entitled "an act to amend an act making appropriations In force 
for the pay and expenses of the Illinois militia called into service by the comman- Feb. 12, 1849. 
der in-chief, during the year 1844, in force February 26th, 1845," approved Feb- 
ruary 13th, 1847. 

Section 1. Beit enacted by the people of the state of Illinois, 
represented in the general assembly, That Thomas S. Brockman be, T. s. Brockmaa 
and he is hereby, substituted in lieu of John P. Nye, and he is here- a P pointeda s n,t - 
by authorised and empowered to draw from the treasury the sum of 
two hundred and seventy-eight dollars, appropriated by the act to 
which this is an amendment, and when drawn, to apply the same 
as directed in said act. 

§ 2. The auditor is required to pay said money to the said Brock- Auditor to pay. 
man in lieu of said Nye, but before paying the same, the said Brock- 
man shall be required to execute a bond upon the same terms as 
was required of the said Nye by the second section of the act to 
which this is an amendment. 

§ 3. The said Brockman shall be subject to the same liabilities, Duties, 
and shall perform the same duties, as are required of and imposed 
upon said Nye by the third and fourth sections of the act to which 
this is an amendment. 

§ 4. So much of the act to which this is an amendment as au- part f . 
thorises the payment of said money to said N)e is hereby repealed, repealed. 

Approved February 12, 1849. 



AN ACT to appropriate money to J. R. Parker and others. In force 

Jan. 26, 1849. 

Section 1. B J it enacted by the people of the state of Illinois, 
represented in the general assembly, That Ihe auditor of public ac- Auditor to is- 
counts be, and he is hereby, empowered and required to issue his sue warran s< 
warrant on the treasury of the state for the sum of twohundred and 
ninety-four dollars and eighty-one cents, in sums and to persons as 
follows : 

To James R. Parker, the sum of eighty-two dollars and eighty- to 3. R. Parker 
seven cents; to J. C.Johnson, the sum of thirty-five dollars and and others, 
fifty cents ; to John Tharp, the sum of twenty-seven dollars ; to 
Abel H. White, the sum of fourteen dollars ; to George Thorn, the 
sum of fifteen dollars and twenty-five cents ; to Benjamin Perry, the 
sum of twenty-one dollars and ninety-four cents ; to Phillip Green, 
jr., the sum of fifteen dollars and seventy-five cents ; to Joseph Long, 
twenty-seven dollars and fifty cents ; to Hanson P. Fellows, the 
sum of eleven dollars and twenty-five cents ; to Isaac Fox, the sum 
of twenty-seven dollars and fifty cents, and to H. Ostrander, the 
sum of fifteen dollars and seventy-five cents ; which shall be pay- 
ment in full for services rendered the state under the order of the 
governor, dated August 21st, 1846. 

§ 2. This shall take effect and be in force from and after its pas- 
sage. 

Approved January 26, 1849. 



APPROPRIATIONS. 



36 

In force AN ACT to compensate Porter Sergant for powder furnished in the Hancock war, 
Feb. 12, 1S49. 

Section 1. Be it enacted by the people of the state of Illinois, rep- 
resented in the general assembly, That the auditor of public accounts 
^u"t a ° Peter S "' be i and he is hereb y> authorised tc draw his warrant upon the treas- 
s'ergant. 6 " urer in favor of Porter Sergant, for the sum of one hundred and sev- 
enty-five dollars, being his pay in full for thirty five kegs of powder 
furnished by him for the state. 
Toreceipt. § 2. Upon receiving said auditor's warrant, said Porter Sergant 

is required to give his receipt in lull for said powder. 
Approved February 12, 1849. 



In force Janu- AN ACT to refund certain money to John Pierson. 

ary 22, 1849. 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, That the sum of one hundred 
dollars, with six per cent, interest per annum from the time of pay- 
Money refundment of said fine by said Pierson, to the day of drawing said war- 
ed to J Pierson. ran t, be refunded to John Pierson, paid by him in consequence of a 
fine imposed upon said John Pierson by the supreme court of the 
state of Illinois; and that the auditor draw his warrant on the treas- 
urer in favor of said Pierson, for the sum of one hundred dollars, 
paid by him, with interest as aforesaid ; Provided, that this act shall 
not be considered as reflecting upon the court which assessed the 
fine proposed by this act to be refunded. 
Approved January 22, 1849. 



In force Janua- AN ACT to adjust the lease and claims of S. M. Tinsley & Co., on the Northern 
nn .o.n Cross Railroad, 

ry 29, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the auditor of public ac- 
^ nt s ,0 M "" counts be, and he is hereby, authorised and required to issue his 
Tinsley & Co. warrant on the treasurer in favor af S. M. Tinsley & Co., for the 
sum of three thousand dollars, with interest thereon at the rate of 
six per cent, per annum, from the first day of January, 1845 ; in full 
for all chums said company may have against the state of Illinois on 
account of the Northern Cross Pvailroad ; Provided, said company 
Receipt to be shall firgt file wilh the aU( j; tor a reC eipt in full of all claims, with 
six per cent, interest per annum thereon from the first day of Janu- 
ary, 1845, which Watson ond Morse (the original lessees of said 
road) may have against said company. 
Approved January 29, 1849. 



AUDITOR. 37 

AN ACT to refund to Morgan county the sum therein mentioned. In force Feb. 

9, 1349. 

Section 1 . Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the sura of live hundred 
and seventy-seven dollars and titty cents, received through mistake 
by the auditor of public accounts, on the 25th day of March, a. d. 
1847, upon the recognizances of George Crisman and others, be Money to be re- 
paid to the treasurer of Morgan county, pursuant to the provisions 
of the act approved February 2Sth, 1847, entitled "an act to provide 
for forfeited recognizances," and the auditor is hereby directed to 
issue warrants payable to the treasurer of Morgan county for said 
amount. 

Approved February 9, 1849. 



funded to Mor- 
gan county. 



AN ACT to pay Babbitt, Hayvnol and Fulmer f)r printing delinquent tax lists for In force Feb. 
Hancock county, a. d. 1845. 9, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the gineral assembly, That the auditor of public ac- 
counts be, and he is lierebv, directed to issue his warrant upon the.™ . . 

* Wjirruni to is~ 

treasurer in favor of Almond W. Babbit, Joseph L. Haywood, and sue to Babbitt, 

John S. Fulmer, for the sum of two hundred and twenty dollars &c - 
and twenty cents, in full of the amount due them for printing the 
delinquent tax list for Hancock county, for the year 1845. 

This act to take effect from and after its passage. 

Approved February 9, 1849. 



AN ACT to pay Samuel A. Euckmaster the sum due him as agent of the fund com- In force Feb. 

missioner. 12, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the auditor draw his t war- Warrant to is 
rant upon the treasury in favor of Samuel A. Buckmaster, for the 
sum of two hundred and sixty-one dollars, for his services and ex- 
penses while acting as agent to the fund commissioner. 

Approved February 12, i849. 



sue to S. A. 
Buckmaster, 



AN ACT requiring the auditor to furnish the several counties with tax sale records. In f° rce Feb- 
ruary 12, '49. 

Section 1. Be i! enacted by the people of the state of Illinois, 
represented in the general assembly, That the auditor of 'public ac- 
counts be, and he is hereby, required to furnish each county in this ^ish^ooks"" 
state with a suitable book, containing a correct transcript of all the 
lands sold for taxes at the seat of government, and lying in said 



BANKS. 



county. Said transcript shall show all the facts in regard to said 
sales, redemptions, &c, that appear on the records in his office. 

§ 2. The auditor is hereby authorised to employ a suitable person 
to do the work necessary to be done in making (he transcripts afore- 
said, who shall receive a salary at the rate of four hundred dollars 
per annum, to be paid out of the state treasury on the warrant of 
the auditor. The said book of transcripts of said sales and redemp- 
tions as aforesaid, is hereby declared a book of record, to be kept 
in the clerk's office of the proper counly, and the original or copies 
thereof, c.erlilied by said clerk, shall be evidence to prove the facts, 
sales, redemptions, &c, shown by the entries in said book. This 
act shall be limited in its effects to the period of eight months. 

§ 3. This act to take effect and be in force from and after its pas- 
sage. 

Approved February 12, 1849. 



In force April AN ACT authorising the trustees of the State Bank of Illinois to maintain suits 
13, 1849. at law. 

Section 1. Be it enacted by the people of the state of Illinois, 
Trustees au- represented in the general assemtly, That the trustees appointed by 
the governor of the slate of Illinois, in pursuance of the second sec- 
tion of the act approved first of March, 1847, entitled "an act for 
finally closing the affairs of the State Bank of Illinois," and the sur- 
vivor or survivors of them and their successors in said trust, may, 
in their own names as such trustee-, commence; prosecute and main- 
tain all suits, either at law or in equity, which may be necessary to 
collect all or any debt or debts, claims, dues or demands due to the 
president, directors and company of said bank, during (he existence 
of its charter, or which may have become due or may hereafter 
become due to them as such trustees ; and also, all actions of every 
kind which said president, directors and company of the State Bank 
of Illinois might have instituted or prosecuted if their charter had 
continued to exist. 

§ 2. All suits and actions, either at law or in equity, which were 
depending in any of the courts of this state at the time the charter 
of said bank expired by the act aforesaid, in which said president, 
directors and company of the State Bank of Illinois were parties, 
either as plaintiffs or defendants, may be revived by or against said 
trustees, and in their names may be prosecuted to final trial. 

Approved February 10, 1849. 



thorised to 
maintain suits. 



In force Feb. AN ACT for t ; ie re lief of the assignees of the Bank of Illinois, and to extend 
10, 1849. j ne tlme f or t ne liquidation of the affairs of said bank. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the time for the liquida- 
tion of the affairs of said bank, pursuant to the provisions of "an act 



BLIND. 39 

supplemental to 'an act to reduce the public debt one million of dol- 
■ "" , i ,-. , Tii- • • i- • i l- ■>■>■>■ r t? i Act of liquida- 

tors and to put the Bank ot Illinois into liquidation, in lorce beb. tion extended. 

28, 1845, be, and the same is hereby, extended to the first day of 

January, a. d. 1851. 

§ 2. That on all debts, dues and causes of action that have hitherto 
accrued to the president, directors and company of said bank, the Assignees have 
assignees of said bank, or their successors in office, shall have pow- power to sue, 
er and authority to sue for and recover the same in their own names, &c. 
in manner and form following, that is to say: Albert G. Caldwell, 
and Ebenezer Z. Ryan, and their successors in office, shall have 
such power and authority touching such debts, dues and causes of 
aciion as have accrued to, or been contracted with said bank at 
Shawneetown or Lawrenceville: and Samuel Dunlap and David A. 
Smith, as successor of John J. Hardin, deceased, and their succes- 
sors in office, shall have such power and authority touching such 
debts, dues and causes of action as have accrued to, or been con- 
tracted with, said bank at Alton, Jacksonville or Pekin. And that 
all of said assignees, and their successors in office, shall have pow- 
er jointly to sue in their own proper names, in ejectment or in chan- 
cery, for the recovery of, or establishment of, title to any real estate 
that may pertain to the execution of their trusts in the premises. 

§ 3. That all actions at law or suits in chancery that have hither- 
to been instituted in any of the courts of this state, by the said pres- mf) ?X»aimA . 
ident, directors and company of said bank, or in their names, or in 
the names of said assignees as aforesaid, to the use of their assig- 
nees as aforesaid, shall be maintainable in the names of said assig- 
nees, or their successors in office, with reference to their relation 
and respective rights as defined in section two of this act 5 Provided, 
nevertheless, that persons now indebted to the said Bank of Illinois, 
or to the assignees thereof, shall be allowed and permitted to pay 
all such indebtedness with the certificates of the said bank. 

§ 4. That this act be considered and treated as a public act, and 
that it be in force from and after its passage. 

Approved February 10, 1849. 



AN ACT to establish the Illinois institution fur the education of the blind. . . g49 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That Samuel D. Lock wood, Trustees. 
Dennis Rockwell, James Dunlap, VVilliam W. Happy, and Samuel 
Hunt are hereby constituted a body politic and corporate, by the 
name of the "Illinois Institution for the education of the Blind," 
and by that name they and their successors shall have per- 
petual succession and existence, with power to contract and be 
contracted with, to sue and be sued, to plead and be impleaded, to 
make and use a common seal and alter the same at pleasure, to take 
or receive, by grant deed, devise, bequest or otherwise, property, 
real, personal, and mixed, and have, hold, use, enjoy and convey the 
same; to adopt by-laws not inconsistent with the constitution and 
laws of the land, and to do all other acts necessary to the proper 
exercise of the powers, herein conferred. 



40 



BLIND. 



School to be 
continued. 



Location. 



Duties of trus- 
tees. 



Persons to be 
admitted. 



Limitation. 



Liabilities of 
trustees. 



Officer? of cor 
poration. 



Term of trus 
tees. 



How appointed. 



Officers of 
school. 



Privileges of 
scholars. 



§ 2. The object and duty of the corporation shall be to continue 
and maintain the school for the education of the blind established in 
Jacksonville; and to qualify, as far as practicable, that unfortunate 
class of persons for the enjoymenf of the blessings of free govern- 
ment, obtaining the means of subsistence, and the discharge of those 
duties, social and political, devolving upon American citizens. 

§ 3. The school shall be continued in or near Jacksonville, and 
the corporation shall, as early as practicable, purchase a suitable lot 
of ground, containing not less than ten nor more than forty acres, and 
proceed to erect thereon suitable buildings, and make such improve- 
ments as are necessary for the school. 

§ 4. The persons named in the first section of this act, and their 
successors, shall be the trustees of the school, to whom power is 
given to employ the principal and all teachers, prescribe their du- 
ties, fix their compensation, and the price of instruction; prescribe 
the course of study, fix the price of board, and all other expenses 
in the school; employ a steward, and all other persons necessary to 
the maintenance and to carry on the operations of the school. 

§ 5. All blind persons residing in Illinois, of suitable age and ca- 
pacity to receive instruction, shall be received and taught in the said 
school, and no one of such persons shall be excluded from the priv- 
ilege and benefits thereof by reasons of the reception of persons 
from other states or territories. 

§ (i. The said corporation shall not take or hold property of any 
kind or description, or by any tenure, except such as may be for the 
use of the school and other purposes contemplated in this act. 

§ 7. The trustees for the time being shall be severally liable for 
the faithful application of all property, funds and effects which may 
be received for the use of the institution ; and property, funds and 
effects received by gift, grant, donation, devise, or bequest shall be 
applied as directed by the person from whom received. 

§ 8. The officers of the corporation shall be a president, secreta- 
ry and treasurer, who shall be appointed by the board of trustees ; 
the president to be selected from their own number; the trustees to 
serve without compensation. 

§ 9. The trustees mentioned in the first section of this act shall 
■serve as follows, to wit : three shall serve for the term of four years, 
and two for the term of two years, and until their successors are ap- 
pointed and qualified. The trustees shall meet within thirty days 
after the passage of this act, and organise, and determine by lot the 
three that shall serve four years, and the two that shall serve two 
years. The governor shall appoint their successors, whose appoint- 
ments shall commence on the fourth of March, and continue for four 
years, and until their successors are appointed and qualified. 

§ 10. The officers of the school shall be a principal, who shall 
have the general charge of the school, and such teachers as may from 
time to time be appointed. The academic and literary degrees usu- 
ally conferred by institutions for the education of the blind, shall be 
conferred by this institution, and ciplomas granted accordingly. 

§ 11. Blind persons who may be placed in this school by or un- 
der the authority of the state, or any county, city, town or other 
public corporation, shall be kept, taught, and permitted to enjoy all 
the benefits and privileges of the school, be furnished with books, 
boarding, 'lodging, washing, fuel, lights, and allowed the use of the 
librar), at not exceeding one hundred dollars for the academic year 



BRIGADE MAJORS. 4] 

of forty-two weeks. The provisions of this section to apply only 
to scholars sent from other states. 

§ 12. To aid in the establishment of the school, there shall be 
paid to the said trustees, for the use of the institution, the proceeds Tax)evie(1> 
of a tax of one-tenth of a mill upon every dollar's worth of taxable 
property in this state; which tax shall be assessed and collected on- 
uually with the taxes assessed and collected for the ordinary pur- 
poses of government. 

§ 13. The treasurer of state shall receive the tax collected for the How kept and 
institution, and keep the same as a separate fund, to be known as the (hsbursed ' 
fund for the blind, and pay out the same, from time to time, in such 
amounts as may be necessary, in the judgment of the board of trus- 
tees, in conducting the business of the institution. The treasurer shall 
pay out the money on the warrants of the auditor, issued on the or- 
der of the governor, who is authorised to make the order on the ap- 
plication of the board of trustees. 

8 14. For the purpose of enabling- the trustees to commence the . „. .. „ 
i ., ,. . r . " . -ii • • Appropriation, 

building of said institution, there is hereby appropriated, out ol any 

money in the treasury not otherwise appropriated, the sum of three 

thousand dollars; which shall be paid to the trustees on the warrant 

of the auditor of public accounts, who is authorised to issue the 

warrant on the order of the governor, who shall give the order upon 

the application of the trustees. 

§ 15. The trustees, before entering upon the duties of their of- 
fice, shall give bonds, payable to the people of the state ol Illinois, Bonds required, 
conditioned for the faithful discharge of their duties, to be approved 
by the governor. 

§ 16. The blind of this state, who are of suitable age and capacity, Tuition of state 
shall be received and taught in the school, and enjoy all the bene- P u P lls free - 
fits and privileges of the same, free of charge. This act to take ef- 
fect from and after its passage. 

Approved January 13, 1849. 



AN ACT regulating the pay of brigade majors. In force Feb. 

12, 1849. 

Section 1. Be it enacted by the people of the state ot Illinois, 

represented in the general assembly, That all laws authorising or re- T , , 

*. . . vpii- • i ■ ° i Law repealed, 

quiring the auditor or public accounts to issue Ins warrant on the 

treasurer, in favor of brigade majors, for services rendered under 
the militia laws of this state, be, and the same are hereby, repealed; 
Provided, that he shall pay for the services heretofore rendered un- 
der said laws and remaining unpaid, when the brigade major claim- 
ing the same shall present to the said auditor an affidavit, in wri- 
ting, setting forth the number of battalions that he has actually in- 
spected, and that he performed the duties required of him by law, to- 
gether with the certificate of the major general as now required by 
law. 

§ 2. This act to take effect from and after its passage. 

Approved February 12, 1849. 



42 



BOARDS OF TRADE. 



In force April 
13, 1849. 



Corporation, 
how formed. 



Powers. 



May hold real 
estate. 



Term of officers 



Puties of of- 
ficers. 



Officers, how 
elected. 



Awards, how 
wade. 



AN ACT for the incorporation of boards of trade and chambers of commerce. 

Section I. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That any number of persons, 
not less than twenty, residing in any town or city, may associate 
themselves together as a board of trade, and assemble at any time 
and place upon which a majority of the members so associating 
themselves together may agree, and elect a president, one or more 
vice presidents, as they see fit, a secretary and treasurer, and ten 
or more directors, as they shall see fit, adopt a name, constitution 
and by-laws, such as they may agree upon, and shall thereupon be- 
come a body corporate and politic, in fact and in name, by the name, 
style or title which they may have adopted, and by that name shall 
have succession , shall be capable in law to sue and be sued, plead 
and be impleaded, answer and be answered unto, defend and be de- 
fended, in all courts of law and equity whatever, and they and their 
successors shall have a common seal, and may alter and change 
the same at their discretion. 

§ 2. Said corporation shall have the right to admit as members, 
such persons as they may see fit, and expel any members as they 
may see fit; and in ill cases a majority of the members present at 
any stated meetings shall have the right to pass, and also the right 
to repeal, any by-laws of said corporation; and in all cases the 
constitution and by-laws adopted by such corporation shall be bind- 
ing upon and control the same until altered, changed or abrogated, 
in the manner that may be prescribed in such constitution. 

§ 3. Said corporation, by the name and style which shall be 
adopted, shall be capable in law of purchasing, holding and convey- 
ing any estate, real or personal, for the use of said corporation; Pro- 
vided, such real estate shall not exceed in quantity one city, town, 
or village lot, and building, in the city, town or village where said 
corporation may be located. 

§ 4. The officers shall hold their offices for the time which shall 
be prescribed in the constitution adopted by such corporation, and 
until others shall be elected and qualified, or prescribed by such 
constitution. 

§ 5. The president, vice president, secretary, and treasurer, 
shall be ex officio members of the board of directors, and, together 
with the directors elected, shall manage the business of said cor- 
poration. 

§ 6. All officers shall be elected by a plurality of votes given at 
any election, and a general election of officers shall be held at least 
once in each year; but in case of any accidental failure or ne- 
glect to hold such general election, the corporation shall not thereby 
lapse or terminate, but shall continue and exist, and the old officers 
shall hold over until the next general election of officers provided 
for in the constitution. 

§ 7. The award of any general committee of reference appoint- 
ed by said corporation, upon any matter of difference submitted to 
such committee for arbitration in writing, with or without seal, by 
any member of said corporation, or by any other person whomsoev- 
er, shall have the same force and effect as if the same had been sub- 
mitted to the arbitration of the members of said committee of ref- 
ference by their individual names, by deed of submission; and such 
award may be filed and made a rule of court, and judgment enter- 



BONDS. 43 

ed thereon, and execution issued, in the same manner and under the 
same rules and regulations that other awards may be entered un- 
der and by virtue of the provisions of the 7th chapter of the revised 
statutes, entitled "arbitrations and awards." Writs of error may be 
had and appeals taken from the decision of the court, in the same 
manner as is prescribed in said chapter. 

§ 8. No submission or arbitration bond shall be required to be No bond re- 
filed with such awards, but four days' notice of the filing of such qmre * 
award shall be given to the opposite party of the party filing the 
award. Said committee of reference, when silting as arbitrators 
as aforesaid, shall have the right to issue subpoenas and compel 
the attendance of witnesses by attachment, the same as justices of 
the peace. 

§ 9. Said corporations may inflict fines upon any of its mem- M *y inflict 
bers, and collect the same, for breach of the provisions of the con- 
stitution or by-laws ; but no fine shall in any case exceed the sum 
of five dollars. Such fines may be collected by action of debt, 
brought in the name of the corporation, before any justice of the 
peace, against the person upon whom the fine shall have been im- 
posed. 

6 10. Said corporation shall have no power or authority to do Limitation of 
i • i- i r i • *i powers. 

or carry on any business, excepting such as is usual in the man- 
agement and conduct of boards of trade or chambers of commerce, 
and as provided for in the foregoing sections of this bill. 

Approved February 8, 18^9. 



AN ACT to prevent loss to the state upon the McAllister & Stebbins bonds. jj? io'ls49 

Whereas, McAllister & Stebbins, of New York, did, on the Preamble. 
17th June, 1841, receive of John D. Whiteside, 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 an- 
num, and dated May 1st, 1841, reimbursable at any time after the 
year 1865, upon which the said McAllister & Stebbins, about the 
25lh June, 1841, advanced two hundred and sixty-one thousand 
four hundred and sixty dollars and eighty-three cents ; and where- 
as, the said John D. Whiteside, near the said 25th June, delivered 
to the said McAllister & Stebbins thirty internal improvement 
bonds, of one thousand dollars each, upon which they agreed to 
make a further advance to the state, in case it was necessary, to 
pay the July interest for the year 1841 — but such advance never 
was made, as it was not required to pay said interest. About the 
first of July, 1841, the said John D. Whiteside gave to the said 
McAllister & Stebbins an order on Nevins, Townsend & Co., of 
New Vork, for forty-one bonds, of one thousand dollars each ; 
about the 27th day of October, 1841, the said McAllister & Steb- 
bins received of Michael Kennedy thirty-eight thousand two hun- 
dred and fifteen dollars and forty-four cents of state scrip, which 
was placed to the credit of the state, a3 well as the thirty bonds 
which they received from the said John D. Whiteside, and also the 
forty one bonds received from Nevins, Townsend &Co. — the three 
last mentioned sums, one hundred and nine thousand two hundred 



44 



BONDS. 



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 forty-four cents, which the said McAllister & 
Stebbins acknowledged in their account current rendered the state 
at the session of the general assembly of 1842, (see report, page 
197,) was held as security l'or the two hundred and sixty-one thou- 
sand five hundred and sixty dollars eighty-three cents, actually ad- 
vanced as aforesaid, that sum being but twenty-eight and sixty- 
four-hundredths of a cent upon the dollar, so as aloresaid received 
by them; therefore, 

Bonds to be sur- Section 1. Be it enacted by the people of the state of Illinois, 
rendered. represented in the general assembly, That upon the surrender to 
the stale by the said McAllister Si Stebbins, or by any persons au- 
thorised by them, of the eight hundred and four interest bonds of 
one thousand dollars each, with their coupons, hypothecated with 
them, on 17th June, 1841, and now outstanding against the state, 
and also other internal improvement bonds and scrip subsequently 
obtained, and amounting at the time they obtained them to the sum 
of one hundred and nine thousand two hundred and fifteen dollars 
forty-four cents over and above the eight hundred and four interest 
bonds first received by them as aforesaid, with the coupons on 
said bonds, and interest on said scrip from its date to the time of 
settlement under this act, it shall be the duty of the governor to 
issue bonds of not less than one thousand dollars each, and paya- 
ble after the year 1865, bearing interest at the rate of six per cent, 
per annum, and payable semi-annually in the city of New York, 
pro rata out of the interest fund, and the balance of the interest to 
be paid out of the state treasury. The amount of bonds to be issued 
bjr the governor as aforesaid to be equal to the balance remaining 
due the said McAllister & Stebbins, principal and interest, at the 
rate of seven per cent, per annum, (as per contrract,) upon the 
advance of two hundred and sixty-one thousand five hundred and 
sixty dollars 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 McAllister & Stebbins not surrender to the governor 
all of the eight hundred and four bonds, the amount they shall fail 
to surrender, and being the same heretofore taken up by the state, 
shall be credited to the state and deducted from the amount found 
due from the time they shall have been taken up by the state, at 

Proviso. the rate of twenty-six cents on the dollar; Provided, that no bonds 

shall be issued by the governor as aforesaid, except upon a surren- 
der to the state of the bonds of 1865, or of the interest improve- 
ment bonds, or of the scrip as aforesaid, to an amount which the 
whole amount of bonds and scrip now outstanding bear to the whole 
amount of new bonds which may be issued upon the settlement of 
the account of McAllister & Stebbins — it being the intention of 
this bill to authorise the governor to issue liquidation bonds at any 
time when an amount not less than twenty thousand dollars of the 
aforesaid bonds, deposited with McAllister & Stebbins, shall be 
surrendered by them or by their order. 

Govemortoob- § 2. It shall be the duty of the governor to obtain from McAl- 

tam statement. ]i s t e r & Stebbins a statement, verified under oath, of the amounts 
due the holders of the aforesaid securities other than themselves, 



BONDS. 45 

and to give notice through one paper published in Illinois and two 
in the city of New York, that he is prepared to pay the same, in 
compliance with the provisions of this act, and in conformity with 
the accounts rendered by McAllister & Stebbins, and notifying said 
holders to appear, within six months, to accept the same or dis- 
prove the account su rendered by said McAllister & Stebbins ; and 
they failing to do so, the balance which may remain, after return- 
ing an amount of liquidation bonds sufficient to meet the then out- 
standing liabilities against the state, shall be paid to the said Mc- 
Allister & Stebbins, to receive the same by furnishing an amount 
of other liabilities of the state equal to that outstanding as aforesaid. 

§ 3. The bonds authorised to be issued by this act shall bear Bonds, how is- 
upon their face the words "liquidation bonds," and to be signed by sued, 
the governor and countersigned by the state treasurer, and have 
the great seal of the state affixed thereto; and there shall be de- 
posited in the offices of the secretary of state, and state treasurer, a 
description of the amount?, dates, and time of issuing said bonds; 
and the bonds and scrip so taken up under this act shall be can- 
celled by the governor, and a list of their dates, numbers, and 
amounts, and by whom registered, recorded in the office of the sec- 
retary of the state. 

8 4. So much of the acts heretofore passed in 1S42 and 1S46, Acts repealed, 
and to which this is a supplement, as is inconsistent with this act, 
be. and the same are hereby, repealed, and no liability to pay the 
aforesaid bonds is acknowledged further than as limited and ex- 
pressed in this act and the acts to which this is a supplement. 

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

Approved February 10, 184P. 



AN ACT fixing the character of certain bonds. In force 

April 13, 1849. 

WnEREAs, there was a loan of money made by the internal im- Preamble, 
provement fund to the canal fund, which loan was paid to the inter- 
nal improvement fund in canal bonds ; and whereas, the said canal 
bonds were afterwards issued by authority of law to provide for the 
completion of that part of the Northern Cross railroad running from 
Springfield to Jacksonville, with an endorsement on each of said 
bonds that all the profits arising from said road were, and should 
be, set apart and appropriated to pay the interest upon the said 
one hundred bonds so issued as aforesaid, thereby identifying the 
said canal bonds with the internal improvement fund, insomuch 
that doubt has arisen as to whether the said bonds should be charge- 
able to the canal fund or to the internal improvement fund; and 
whereas, the agents of the canal fund will not recognise the said 
bonds as chargeable against that fund ; therefore, 

Section 1. Be it enacted by the people, of the state of Illinois, Bonds charge- 
represen'ed in the general ass mb y, That the holders of the said able to canal 
above described bonds shall be entitled to have the same chargeable fund " 
and charged upon the canal fund, and that said fund shall be ap- 
plied to the payment of the principal and interest of said bonds, as 
if the same had never been paid over to said internal improvement 
fund. 

Approved February 10, 1849. 



46 CANAL. 

In force AN ACT authorising collectors of tolls and canal inspectors to administer oaths. 
Feb. 8, 1849. 

Officers author- Section 1. Be it enacted by the people of the state of Illinois, 
liter oaths! 1 "" represented in the general assembly, That collectors of lolls, deputy- 
collectors, or collectors' clerks and canal inspectors, appointed by 
the trustees of the Illinois and Michigan canal, under the laws of 
this state, be, and they and each of them are hereby, authorised and 
empowered to administer oaths and affirmations to owners and 
masters of canal boats. 
Oaths to have § 2. The oaths so administered by the canal collectors, deputy 
full force. collectors, or collectors' clerks and inspectors, shall have the same 
force and effect as though administered by any officer now empow- 
ered by law to administer oaths. 
Perjury to be g ^, Any owner or master of any canal boat as aforesaid, swear- 
ing falsely, shall be punished as now required by law for perjury. 
Certificate to be § 4. The official certificate of the secretary of the board of trus- 
evidence. | ees f j.] ie mi no j s anc j Michigan canal, under the seal of said board, 
to any matter or fact on record in his office, shall be received as 
prima facie evidence of such matter or fact in any court in this 
state. 
Copy of rules, § 5. Any copy of any rules and regulations of the board of trus- 
&c, evidence. tees f ^ nii no i s an( j Michigan canal, certified as aforesaid, shall 
be received in any court of this state as prima facie evidence that 
said rules and regulations have been adopted by said board. 
§ 6*. This act to be in force from and after its passage. 
Approved February 8, 1849. 



In force AN ACT to authorise the use of certain ground bordering on the Illinois and 

Feb. 12, 1849. Michigan canal, in Joliet, in the county of Will. 

street vacated. Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That so much of Joliet street, 
in the town of Joliet, (original town) as lies between lots two (2) 
and three, (3) in block two, (2) in said town of Joliet, and the 
east bank of Illinois and Michigan canal, be, and the same is here- 
by, vacated. 

slip authorised. § 2. Ethan Wetherbee and George Woodruff, of said county, 
owners of said lot number three, (3) their heirs and assigns, are 
hereby authorised and empowered to construct a slip or canal, at 
or opposite said lot three, from the Illinois and Michigan [canal] 

Proviso. to or into the said lot ; Provided, that they shall erect sufficient 

banks and other structures, fully to protect said Illinois and Mich- 
igan canal in all respects, and shall not in any manner affect the 
navigation of said canal, or the use of its banks or appurtenances. 
This act to be in full force from and after its passage. 
Approved February 12, 1849. 



COUNTIES. 



47 



AN ACT to provide for the relocation of the county seat of Tazewell, anil the -, . _ °1849 
erection of public buildings. 

Section 1. Be it enacted by the people of the state of Illinois, Election to be 
represented in the general assembly, That an election shall be held ne W. 
in the several precincts of the county of Tazewell on the first 
Saturday of April, one thousand eight hundred and forty-nine; at 
which election the legal voters of said county shall vote 1'or and 
against the removal of the seat of justice from the town of Tre- 
mont to the town of Pekin ; and if it shall be found that the legal 
voters of said county have voted in favor of said removal, that the 
seat of justice is hereby declared to be located at the town of Pe- 
kin. That said election shall be held in pursuance of the general 
election laws regulating the election of representatives and sena- 
tors of the general assembly of the state of Illinois, at the different 
precincts of said county, and one column of the poll books shall 
be opened for the removal of said county seat from the town of 
Treinont to the town of Pekin, and another column against it; and 
the persons then entitled to vote for senators and representatives 
shall be entitled to vote for and against said removal. The judges 
and clerks of said election shall possess the same qualifications as 
the judges and clerks for the election of senators and representa- 
tives, and shall possess the same powers and be appointed in the 
same manner. Said poll books shall be certified and returned in 
the same form and time, and compared in the same manner as in 
case of the election of senators and representatives of the general 
assembly of the state of Illinois ; Provided, unless the county com- Proviso, 
missioners' court otherwise appoint judges of said election, that 
the judges of election who served as such in said county at the 
last general election for senators and representatives in said county 
be, and the}' are hereby, authorised to preside in their several pre- 
cincts in every manner as fully as they were i mpowered to do at 
said general election by the statute regulating the same. 

§ 2. In the event of a majority of the legal voters of said county Court-house, 
casting their voles at said election in favor of the removal of the how erected - 
said county seat to the town of Pekin, the citizens of said town of 
Pekin and vicinity shall be required to erect a good and sufficient 
court-house, for the use of said county, on the public square in 
said town, known as court-house square, or court square; Provi- Proviso. 
ded, the county seat shall not be removed until a good and sufficient 
court-house shall be erected in said town of Pekin as aforesaid, 
without cost to the county, which shall be approved by the judge 
of the circuit court of said county when erected ; And provided, Furtherprovis* 
also, that said court-house shall be erected within two years from 
and after the time this act shall take effect. 

§ 3. And be it further enacted, That in the event of a majority 
of the legal voters of said county being in favor of the removal of 
said county seat to the town of Pekin, the county commissioners' 
court of said county shall be, and they are hereby, required, when 
a jail is erected in said county, to erect the same in the town of 
Pekin. 

§ 4. Within thirty days after the completion of said court-house, Offices when re- 
and the approval of the same by the said judge of the circuit court, moved, 
the several offices of the said county, required by law to be kept 
at the county seat, shall be removed to Pekin, and all courts of said 



4S 



COUNTIES. 



appointed. 



county shall be holden there, and all suits pending in the circuit 
court in said county, at the time of the removal of said offices from 
Tremont to Pekin, shall, in event of said removal, be prosecuted to 
final judgment and execution at Pekin in said county. And the 
town ot Pekin shall thenceforth become, in all respects whatso- 
ever, the permanent seat of justice of said county. 
Commissioners § 5. And be if further enacted, That Thomson I. S. Flint, David 
Mark, William Maus, Thomas N. Gill, and James Harris, be, and 
the same are hereby, appointed commissioners, by themselves or 
their authorised agents, to receive contributions and subscriptions 
of money, work, or materials, for the purpose of erecting said 
court-house, and to superintend the erection thereof; and all prom- 
ises in writing to pay money, work, or materials, towards the erec- 
tion thereof, shall be binding in law upon all persons making the 
same, and said commissioners are fully authorised to collect the 
same by law. 

§ 6. The election provided for in this act may be contested in 
the same manner as elections of county officers. 

§ 7. Be it further enacted, That if the said seat of justice shall 
be removed, according to the provisions of this act, the county court 
of Tazewell county is hereby authorised and empowered, and it 
is further made the duty of said court to convey by deed in trust 
to Joseph Shaw, Wells Andrews, Lyman Porter, Thomas P. 
Rogers, and William A. Mans, said court-house, for the use of the 
inhabitants of the county of Tazewell, to be used and occupied ex- 
clusively for the purpose of education ; Provided, a majority of the 
legal voters of said county voting for electors of president and vice 
president of the United States at the last presidential election in 
said county, be taken as the majority of the voters of said county. 

Approved February 2, 1849. 



Election may- 
be contested. 

Trustees ap- 
pointed. 



Proviso. 



In force 
Feb. 8, 1849. 



Place selected. 



Name of 

Election to be 
held. 



AN ACT permanently to locate the seat of justice of Whiteside county. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That in pursuance of the fifth 
section of the seventh article of the constitution, the south-east 
quarter of the south-east quarter of section number sixteen, in 
township numbered twenty north, of range numbered five east of 
the fourth principal meridian, in the county of Whiteside, is here- 
by fixed as the place to which it is proposed by this act to remove 
the seat of justice of said county, as hereinafter provided ; and the 
said place so fixed upon is hereby called and named Lyndon. 

§ 2. The legal voters of the said county of Whiteside shall meet 
at their respective places of holding elections, on the Tuesday next 
after the first Monday in the month of April, in the year one thou- 
sand eight hundred and forty-nine, and shall then proceed to vote 
according to law, as in other cases of elections, to permanently 
locate the seat of justice of said county, either at the said place 
called Lyndon, or at Sterling; which latter place is now the tempo- 
rary seat of justice of said county ; and whichever of the said 
placos, so to be voted for, shall receive a majority of the legal vo- 



COUNTIES. 4C| 

ters of said county, given at said election, shall thereafter be the 
seat of justice of said county. 

§ 3. At the March term next of the county commissioners' court Contributions. 
of said county, any person, capable of contracting, may make a how made> 
written offer or offers of land, or money, or other property, to said 
court, to aid in the erection of public buildings in said county, in 
case the place called Lyndon shall, under the provisions of this act, 
be selected as the permanent seat of justice of said county ; which 
said offers shajl be entered of record in said court, and shall be 
binding upon the person or persons who shall make the same, in 
case the county seat of said county shall be located at the said place 
called Lyndon, under the provisions of this act. And the said 
county may maintain a bill in equity to enforce a conveyance of the 
lands so offered, and may have an action of debt or assumpsit to 
recover all moneys and the value of such personal property as may 
be offered as aforesaid. 

§ 4. The clerk of the county commissioners' court of said county Notice to b* 
shall cause notices of the said election to be issued, and the sheriff given, 
of said county shall post tip the same in the time and manner which 
may be required by law for similar notices, previous to a general 
election. In the notices aforesaid, the said clerk shall state also a 
description and the amount of all such offers of land, money, and 
other property, to be made for the erection of county buildings at 
Lyndon, under the provisions of the foregoing section. 

§ 5. The election provided for in this act shall, in all respects, Election, how- 
be conducted, and returns thereof made, in the manner which may conducted ' 
be required by law in other elections. The returns of said elec- of returns, 
tion shall be canvassed, and abstracts thereof made, as in other 
cases of elections; and the clerk of the county commissioners' court 
shall record the said abstracts on the record books of the said 
county commissioners' court, there to remain as evidence of the 
location of the county seat ; Provided, that any legal voter or voters Proviso, 
of said county may appeal to the circuit court of the said county 
from the decision of the said clerk, in making and recording the ab- 
stracts aforesaid, by giving bond to said clerk within ten days after 
said abstracts shall be recorded, payable to such person, with such 
penalty, with such security and condition, as the said clerk may 
reasonably require. And in case such appeal shall be taken, the 
said clerk shall transmit the said bonds, the said election returns, 
and a copy of said abstracts, to the clerk of the circuit court; and 
the said circuit court shall proceed to try the said appeal, in a sum- 
mary way upon the merits and justice of the cause ; and the only 
question to be tried on such appeal shall be, which of the places, 
called Lyndon or Sterling, received a majority of all the legal 
votes of said county given at said election. And in case such ap- 
peal shall be taken and duly prosecuted, the final order of the said 
circuit court thereon shall be evidence of the permanent location 
of the said seat of justice. 

§ 6. In case the seat of justice of said county shall be located Property to 1* 
at Lyndon, then the county commissioners of said county are here- re c° n veye*. 
by authorised and required to convey by deed the court-house at 
Sterling, and the lot on which the same is situated, and which is 
used therewith, and all lands or town lots heretofore donated to 
said county, for the purpose of erecting said public buildings, and 
which property is still owned and held by said county, to the pro- 
CD) 



r>o 



COUNTIES. 



Offices to be 
held at Lyndon 



Acts repealed. 



prietors of the said town of Sterling, to be thereafter owned by 
them in proportion to the amount of donations made by them re- 
spectively, lor the purpose of purchasing said lot and erecting said 
court-house. 

§ 7. If the seat of justice of said county shall be located at 
Lyndon, the circuit court, county commissioners' court, and other 
courts of said county, shall be held at such place at the town of 
Lyndon as may be selected and appointed by the county commis- 
sioners' court of said county, until a suitable court-house can be 
erected; and all public offices required to be kept* at the seat of 
justice, shall be kept in said town of Lyndon, until suitable public 
offices can be provided. 

§ 8. The act entitled "an act declaring the town of Sterling the 
county seat of Whiteside county for a time, and under the condi- 
tions therein mentioned," approved February 16, 1847, is hereby 
repealed ; and the third and fourth sections of an act entitled an "act 
to permanently locate the seat of justice of the county of White- 
side," approved February 28, 1843, are hereby revived and con- 
tinued in force ; Provided, that the act first herein recited shall not 
be repealed unless the said seat of justice shall be removed to 
Lyndon, under the provisions of this act. 

§ 9. This act shall take effect and be in force from and after its 
passage. 

Approved February 8, 1849. 



In force 
April 13, 1849. 



Election to be 
held. 



Proviso. 



AN ACT to relocate the county seat of Cumberland county. 

Section 1. Be it enacied by the people of the state of Illinois, 
represented in the general assembly, That at the general election to 
be held on the Tuesday next after the first Monday in November 
next, a poll-book shall be opened for the different points to be run 
for the county seat ; Provided, however, that no place shall be vo- 
ted for unless its proprietors or friends shall, at least twenty days 
previous to said election, execute a bond, with sufficient security, 
designating the quantity of land patenled by the general govern- 
ment, and free from legal incumbrance, setting forth the metes and 
bounds of said land, or the number and lucation of town lots, or the 
amount of money, work and labor, or materials to be used in erect- 
ing the county buildings which the friends of any point may pro- 
pose to give; which said bond shall be subject to the approval of the 
county court, and be filed therein; and at said election a column shall 
be opened for each point whose l'riends shall have executed a bond 
as aforesaid, and all persons qualified at (he time of holding said 
election to vote for a member of the goneral assembly, shall be en- 
titled to vote for the relocation of said seat of justice, and the point, 
if any, receiving the majority of the legal votes at said election, 
shall be taken to be the point agreed upon by the inhabitants of said 
Cumberland county. When the votes of said election are compared 
by the proper officers, if it shall appear that neither one of the 
points voted for shall have received a majority of all the votes cast, 
then it shall be the duty of the county court of said Cumberland 



COUNTIES. 5 ] 

county to appoint a day, within three months thereafter, for holding 
another election, and shall post up written notices thereof in one of 
the most public places in each precinct in said county, at least thir- 
ty days previous to the day so fixed upon for said election; and a 
column shall be opened at each election precinct for the two points 
having received the highest number of votes at said first election, 
and the point receiving the highest number of votes at said second 
election shall be taken to be the point agreed upon by the citizens 
of said county for the location of the county seat ot said county; 
which fact shall be certified to by the speaker of the house of rep- 
resentatives at the next session of the legislature, describing said 
point so agreed upon by the inhabitants of said county, by the clerk 
of the county court of said county; which certificate shall be full 
evidence of the fact, and which certificate shall belaid before the said 
house of representatives, and the point so selected shall be estab- 
lished and be and remain the permanent county seat for said Cum- 
berland county, in such manner as may be provided for by a law 
to be passed by the legislature at their next session, and not other- 
wise. 

§ 2. The conveyance of the town of De Kalb by the county com conveyance le- 
missioners of said Cumberland county to James Gill, is hereby de- gaiised. 
clared good and valid, and to vest the title thereof in the said Gill. 

Approved February 8, 1849. 



AN ACT to make certain additions from the county of Mercer to the county of Tn f orce Febru- 

Rock Island. ^y 8j 1849> 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That an election shall be held Election to be 
in the counties of Mercer and Hock Island, at the usual places of held * 
holding the same, on the first Tuesday after the first Monday of 
November next. In the county of Mercer, for the purpose of vo- 
ting for or against townships fifteen north, ranges one and two west, 
of the fourth principal meridian, being added to the county of Rock 
Island; and in the county of Rock Island, to vote for or against re- 
ceiving said territory as a part of said county. The elections to be 
holden as aforesaid shall be conducted, notices thereof given, and 
returns made in the same manner as is now provided for, or may 
hereafter be, incase of election of senators and representatives, and 
the same rights of contest allowed. 

§ 2. It shall be the duty of the clerk of the county of Mercer, as Clerk to make 
soon as the result of said election shall be ascertained, to make a certificate ' 
certificate thereof, under the seal of said court, and transmit the 
same to the clerk of the Rock Island county court, and the clerk of the 
county court of Rock Island shall make out and transmit to the 
clerk of the county of Mercer a certificate of the result of the elec- 
tion in said county, which certificate shall be entered on the records 
of each of said courts, respectively, at the next terms thereof, after 
receiving the same. 

§ 3. Upon ascertaining the result of the elections, held as afore- Territory trani - 
said, if it shall appear that a majority of all the voters in the coun- ferred. 



52 



COUNTIES. 



ty of Mercer voted for said territory being added to and forming a 
part of the county of Rock Island, and a majority of the votes of 
the county of Rock Island voted for receiving the same as a part of 
said county, then and in that case, the said townships fifteen north, 
ranges one and two west, of the fourth principal meridian, shall 
thereafter constitute and be a part of the county of Rock Island. 

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

Approved February 8, 1849. 



la force Febru- 
ary 10, 1849. 

Preamble. 



Acts legalised, 



Clerk to be 
elected. 



AN ACT concerning the cleilc of Lawrence county. 

Whereas, at the regular election in September, a. d. 1848, 
Samuel Dunlap was duly elected clerk of the circuit court of Law- 
rence county ; and whereas, said Dunlap departed this life on or 
about the 8th day [of] said September; and whereas, the Hon. Wil- 
liam Wilson, presiding judge of the said circuit court on the 25th 
of said September, appointed Jack M. Morris clerk of said court, 
who discharged the duties of said office until on or about the 25th 
of November, 1848, when he also departed this lite ; and whereas, 
on or about the 10th day of December, 1848, the Hon. Justin Har- 
lan, then presiding judge of said court, appointed Frederick A. 
Thomas clerk of said court, who has discharged the duties of said 
office ever since his appointment ; therefore, 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That all the actings and doings 
of Frederick A. Thomas and Jack M. Morris, respectively, as 
clerks of the circuit court of Lawrence county, be, and the same 
are hereby, declared' to be as legal and valid in all respects as if 
said Thomas and Morris had been elected clerks of said court and 
qualified as such clerks, at the time and in the manner provided for 
and required in the new constitution in relation to the election and 
qualification of circuit clerks; and the said Frederick A. Thomas is 
hereby authorised and empowered to perform all the duties of cir- 
cuit clerk of said county until a clerk shall be elected and qualified 
according to the provisions of this act, and to take and enjoy for his 
own benefit, all the fees and profits of said office until the election 
and qualification of a clerk according to the provisions of this act. 

§ 2. At the general election to be held on the Tuesday next af- 
ter the first Monday in November next in said county, there shall 
be elected by the qualified voters of said county, a clerk of the cir- 
cuit court for said county; and in the election of said clerk all the 
provisions of law concerning the election of circuit clerks at the 
regular election for such clerks, so far as applicable, shall be appli- 
cable to and govern such election herein authorised. And the per- 
son who shall receive a majority of all the legal votes cast at such 
election for circuit clerk of said county, shall be qualified in the 
manner required by law in cases of the election of such clerks; and 
the clerk herein authorised to be elected, shall, after his election 
and qualification as such clerk, be as fully and completely clerk, 
and subject to all the provisions of, and entitled to all the fees and 



COUNTIES. 53 

emoluments of said office, the same as if he had been elected accor- 
ding to law, in September last. 

§ 3. This act to take effect and be in force from and after its pas- 
sage. 

Approved February 10, 1849. 



AN ACT concerning the counties of Lawrence and Richland. In f orC€ 

Feb. 10, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 0r ders author- 
represented in ike general assembly, That the county commissioners' ised to be is- 
courts of the counties of Lawrence and Richland are hereby au- sued * 
thorised, in their discretion, to issue county orders, bearing interest 
at any rate not exceeding six per centum per annum. This act to 
be in force from and after its passage. 

Approved February 10, 1849. 



AN ACT to provide for the change of the county seat of Clark county. j n f orce p e k, 

10, 1849. 
Whereas, the people of Clark county have petitioned for the Preamble, 
removal of the county seat of said county to a certain place near 
the centre of said county, known as Hilhbert's Point; 

Section 1. Be it enacted, therefore, by the people of the state of I Hi- Election to be 
nois, represented in Ike general assembly, That an election shall be held, 
held in the county of Clark, on the third Monday of May, a. d.,1849, 
at the usual places of holding elections in said county, for the re- 
moval of the seat of justice of said county ; at which election the 
clerks thereof shall open two columns, one for Marshall, the other 
for Hilhbert's Point, and shall take and record the votes of each 
qualified voter for one of the aforesaid places as the seat of justice 
for said county. 

§ 2. The said election shall be conducted, and the returns thereof How conducts 
made, in the same manner as is provided in ordinary cases of the 
election of justices of the peace. The clerk of the county or 
commissioners' court shall, immediately after the receipt by him of 
the election returns, in the presence of two justices of the peace, 
open the election returns, compare them, and certify the same to 
the county or county commissioners' court; and the place having a 
majority of the votes of said county, shall be and remain the seat 
of justice in said county, as hereinafter provided. 

§ 3. The proprietor or proprietors of said Hilhbert's Point shall obligation to t*> 
deposit with the clerk of the county or commissioners' court, pre- dc P 0Slted - 
vious to said election, his or their obligation to convey to said 
county the forty acres of land, including said point, (except the 
house and orchard thereon, containing about one, or not more than 
one, square, reserved by said proprietor or proprietors,) and all 
other donations of land for said county shall in like manner be de- 
posited with the clerk of said county previous to said election, and 



54 



COUNTIES. 



Buildings to be 
erected. 



May appoint 
commissioners 



J/Ots to be 
served. 



Proclamation 
to be made. 



Offices to be re- 
moved. 



Name of town 



Proviso. 



Property to be 
sold. 



all donations of money shall in like manner be deposited with said 
clerk, and made safe, by bond and security, to the satisfaction of 
said county or commissioners' court. 

§ 4. If at such election Hillibert's Point shall receive a majority 
of the votes of the county, then it shall be the duty of the county 
or commissioners' court to cause to be erected suitable buildings on 
said Hillibert's Point, for county purposes, including court-house, 
jail, clerks' offices, Sic; and to cause the land donated to said county 
to be conveyed and sold, and the donations of money to be paid} 
the said land to be laid off into town lots, or otherwise disposed of 
as said county or commissioners' court may determine best; and the 
proceeds of said donations of land and money to be applied to the 
erection of the public buildings, and the remainder, if any, to go 
into the county treasury ; said lands to be sold for cash, or on 
credit, with good security, as said court may determine. 

§ 5. Said county or commissioners' court may appoint commis- 
sioners to sell and convey said lands, and also to superintend the 
erection of the public buildings. 

§ 6. The said county or commissioners' court shall select suita- 
ble lots, and specifically designate them, of said lands, for the fol- 
lowing purposes : One for a male and one for a female academy ; 
one for a jail; four for the purpose of erecting houses of public 
[worship;] to be conveyed to the society of christians who shall 
first build thereon ; and one lot or square for the court-house ; all 
of which shall be selected prior to any sale thereof of said lands. 

§ 7. If it such election Hillibert's Point shall receive a majority 
of voters of the county, then it shall be the duty of the county or 
commissioners' court of said county to cause proclamation to be 
made and published in some public newspaper of said county, if 
any, and if none, by advertisements on the court-house door, de- 
claring and [making] known, that from and after a day therein 
named, and not exceeding twelve months from the date thereof, the 
seat of justice of said county shall be, and permanently remain, 
located on said Hillibert's Point. 

§ 8. The county officers whose duty it is to keep their respec- 
tive offices at the seat of justice shall, on the day named in the 
proclamation hereinbefore specified, remove their offices to Hilli- 
bert's Point. 

§ 9. Should said forty acres of land hereinbefore named be laid 
off into town lots, then said seat of justice may and shall be desig- 
nated by such name as the town located thereon may be known ; 
Provided, however, that the change of name of said Hillibert's Point 
'shall in no wise affect any contract or conveyance previously made, 
nor any legal transaction or business whatever. 

§ 10. Such public property at Marshall as shall not be longer 
required for county purposes, the said county or county commis- 
sioners' court shall dispose of at public or private sale, in the man- 
ner most likely to produce its full value, and the proceeds to apply 
to county purposes. 

§ 11. This act shall be in force from and after its passage, and 
a certified copy thereof shall be transmitted to the clerk of the 
county court of Clark county. 

Appboved February 10, 1849. 



COUNTIES. 55 

AN ACT to make a certain addition from the county of JHenry to the county In force 

Of Stark. Feb. 12, 184S. 

Section 1. Be it enacted by the people of the state of Illinois, Territory trans- 
represented in the general assembly, That township fourteen north, ferred. 
range five east, or the south half of said township, (as the case 
may be,) shall be added to and constitute a part af the county of 
Stark ; said territory being now in the south-east corner of the 
county of Henry ; Provided, that an election shall be held in said proviso, 
county of Henry, at the usual places of holding elections, on the 
first Saturday of April next, to vote for or against the whole, or 
the south half of said township as aforesaid, being added to the 
said county of Stark ; And provided, also, that an election shall be 
held in the said county of Stark, on the second Saturday in the 
month of April next, (if the county of Henry shall vote in favor 
of either the whole or the south half of the township aforesaid be- 
ing added to said county,) to vote for or against receiving the same. 
as a part of the county of Stark aforesaid. And if it shall appear that 
a majority of the votes at the said election in the county of Henry 
are in favor of the whole of said township, or the south half of the 
same, being attached to and hereafter forming a part of the county 
of Stark, and a majority of the votes of the county of Stark, given 
at the election in said county, are in favor of receiving the whole 
or south half of said township, then the township aforesaid, or the 
south half thereof, (as the case may be,) shall be attached to and 
form a part of said county of Stark as aforesaid. The elections 
to be held as above shall be conducted, notices given, and returns 
made, in the same manner as now required by the thirty-seventh 
chapter revised statutes, entitled "elections." 

§ 2. The voters at said elections may vote, both for or against Privileo . es of 
the whole, and for or against the south half, of said township be- voters", 
ing attached to and forming a part of the county of Stark; and the 
judges of said elections shall cause to be ruled separate columns in 
the poll-books for that purpose. 

§ 3. Upon comparing the poll-books of said election, should it certificates n» 
appear that a majority of the voters of the county of Henry, given be made, 
at said election, are in favor of the whole or south half of said 
township being attached to the county of Stark, it shall be the duty 
of the clerk of the county commissioners' court, or his successors 
in office, to make out two certificates thereof, under the seal of said 
court, one of which shall be filed in his office, and the other trans- 
mitted to the clerk of the county commissioners' court of Stark 
county ; which shall be made a matter of record at the next suc- 
ceeding terms of the county commissioners' courts of each of said 
counties respectively. 

§ 4. When it shall be ascertained that a majority of the legal contests pro?i- 
voters of said county of Henry have voted tor the whole, or the ded for. 
south half, of said township, as the case may be, to be stricken off 
to said county of Stark as aforesaid, and that a majority of the legal 
voters of said county of Stark have voted for the whole, or the 
south half, of said township, as the case may be, to be added to 
said county of Stark, such territory shall become and be a part of 
said county of Stark ; and same mode shall be adopted to ascertain 
the result of said elections, and the same rights of contests shall 
exist as in case of election of senators and representatives of this 
state, under the laws now in force. 



5G COUNTIES. 

§ 5. This act to take effect and be in force from and after its 
passage. 

Approved February 12, 1849. 



In force 
fepril 13, 1349. 



AN ACT authorising the removal of the county seat of Hancock county, and 
a vote to be taken upon such removal. 



voters author- Section 1. Be it enacted by the people of the state of Illinois, 
rsed to vote for represented in the general assembly, That the legal voters of the 
removal. county of Hancock be authorised, at the next general election of 

county officers, to be held under the laws of this state, in said 
county of Hancock, to vote for or against the removal of the county 
seat of said county of Hancock from the town of Carthage to the 
town of Warsaw; and two columns shall be opened in the poll- 
books of the several election precincis of said county for that pur- 
pose. 

S 2. The same rules shall be observed in the taking: of said vote, 

t^ect n rules to . o * 

govern, &c. an d of the returns thereof, and in the counting of said vote, and in 
all other things, as shall be required by law in elections for sena- 
tors and representatives of the general assembly of this state ; and 
the same rights of contest shall exist as in case of elections of 
county officers ; Provided, any legal voter of said county may ap- 
peal from the decision of such contest to the circuit court of said 
Hancock county. 
. § 3. Should it be found that a majority of the legal voters of 

certificate. said Hancock county voting at said election have voted for the re- 
moval aforesaid, it shall be the duty of the clerk of the county 
commissioners' court of said county to make a certificate thereof, 
showing the number of votes for and against said removal, and en- 
ter the same of record in his office ; and should a majority of said 
voters vote for said removal, it shall then be the duty of the county 
commissioners of said county to cause, so soon as practicable there- 
offices to be re- after, all public offices of said county, required to be kept at the 

moved. county seat, to be removed from the said town of Carthage to said 

town of Warsaw, and the said town of Warsaw shall thereafter be 
the county seat of said county of Hancock. 
Propositions to § 4. Be it further enacted, That any person or persons may file 

he filed. j n the office of the clerk of the county cummissioners' court of said 

county of Hancock, previous to said election, propositions to 
grant to said county any town lots or ground in said town of War- 
saw, or to erect by them any public buildings for the use of said 
county, or to do and perform any other thing in consideration of 
said county seat being removed to said town of Warsaw; which 
propositions shall contain full specifications of the same, and when 
so filed, shall be binding upon the parties executing and filing said 
propositions, and shall have the force and effect of a contract. The 
persons filing such propositions shall also file wifh said clerk a 

Security re- bond, with sufficient security, to be approved by the county com- 
missioners of said county, payable to the county of Hancock, and 
conditioned for the faithful performance of the propositions so filed; 
which said bond and propositions shall be valid, and be enforced 
as other contracts, in case of any breach thereof. 
Approved February 12, 1849. 



COURTS. 57 

AN ACT fixing the times of holding the supreme court. In force 

Jan. 6, 1849. 

Section I. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That in lieu of the times now i ng courts, 
appointed, the supreme court shall be held as follows : In the first 
grand division, on the second Monday of November, annually ; in 
the second grand division, on the second Monday in December, an- 
nually ; and in the third grand division, on the second Monday in 
June, annually. 

§ 2. All process that has or may be used, before the clerks of 
the courts receive notice of the passage of this act, shall be consid- 
ered as returnable to the terms hereby appointed. 

§ 3. This act to take effect from and after its passage. 

Approved January 6, 1849. 



AN ACT to authorise the purchase of books for the use of the supreme court. In „ [g4 9 Apri1 

Section 1. Be it enacted by the people oj the slate of Illinois, 
represented in the general assembly, That there be advanced and paid Judges topur- 
to the justices of the supreme court, out of any moneys not other- chase oook8 ' 
wise appropriated, the sum of five thousand dollars, to be applied, 
in equal proportions, to the purchase of law libraries for the use of 
the supreme court in the first and third grand divisions. 

§ 2. That upon a requisition, signed by two of the justices of the Auditor to is- 
supreme court, the auditor shall issue his warrant upon the treasur- sue warran s * 
er for any sum or sums, not exceeding the said sum of five thou- 
sand dollars, in such amounts as the said justices may require. 

Approved January 26, 1849. 



AN ACT relating to the supreme court rooms. In force Janua- 

ry 31, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the judges of the supreme J vifecourt r0 ~ 
court are hereby authorised to make the necessary alterations in room, 
and provisions for the court-rooms for the supreme court in the sev- 
eral grand divisions, and to provide the necessary furniture and 
fuel therefor, and to audit the accounts for the same. 'I his act to 
be in force from and after its passage. 

Appuoved January 31, 1849. 



AN ACT regulating the terms of the courts in the first judicial circuit. j n f orce p e j,. 

8, 1849. 

Section 1. Be it enacted by the people of the slate of Illinois, 
represented in the general assembly, That the circuit [courts] in the 
several counties composing the first judicial circuit, shall be holden 



58 



COURTS. 



at the several county seats or places of holding said courts, at the 
times following, viz : 

SPRING TERMS. 

Spring terms. j n f ne coun ty of Morgan, on the second Monday in March; 
In the county of Cass, on the fourth Monday in March; 
In the county of Menard, on the first Monday thereafter; 
In the county of Mason, on the second Monday thereafter; 
In the county of Greene, on the third Monday thereafter ; 
In the county of Macoupin, on the first Monday in May ; 
In the county of Jersey, on the second Monday in May ; 
In the county of Calhoun, on the third Monday in May ; 
In the county of Scott, on the fourth Monday in May ; 

FALL TERMS. 



Fall terms. 



Suits pending 
not to be af- 
fected by the 
change. 



Writs, &c, 
how returna- 
ble. 



Discretionary 
power given 
to auditor. 



In the county of Morgan, on the second Monday in September ; 

In the county of Scott, 6n the fourth Monday in September ; 

In the county of Greene, on the first Monday in October; 

In the county of Macoupin, on the second Monday in October; 

In the county of Jersey, on the third Monday in October ; 

In the county of Calhoun, on the fourth Monday in October ; 

In the county of Cass, on the first Monday thereafter; 

In the county of Menard, on the second Monday thereafter ; 

In the county of Mason, on the third Monday thereafter. 

§ 2. All indictments, suits, causes, motions, recognizances, and 
other proceedings pending in said courts, shall stand for trial, hear- 
ing, judgment and disposition at the terms of the courts as regu- 
lated by this act, in the same manner and with the like effect as if 
no changes had been made in the times of holding said courts. 

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

§ 4. New trials may be granted at the spring or fall terms of said 
courts in all cases, wherein the parties would be entitled to such 
new trials at the spring or fall terms, as now authorised by law. 

§ 5. If by reason of the change in the times of holding courts in 
the counties heretofore named, the sheriff or other collector of any 
of said counties shall not procure judgment against the lands of 
delinquent tax property, at the spring term, the time of settlement 
with the county court and the auditor may, in the discretion of 
said county court, be extended, and the necessary judgment may 
be obtained by said sheriff or other collector at the next ensuing 
term. 

This act to take effect from and after its passage. 

Approved February 8, 1849. 



COURTS. 59 

AN ACT changing the times of holding courts in the third judicial circuit. In force Feb. 

4, 1S49. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the circuit courts in the 
third judicial circuit, shall be begun and held at the tunes herein- ing cour t s . 
after mentioned, to wit : In the county of Marion, at Salem, on 
the second [Mondays of March and August ; in the county of Jef- 
ferson, at Mount Vernon, on the third Mondays of March and Au- 
gust ; in the county of Hamilton, at McLeansboro, on the fourth 
Mondays of March and August; in the county of Franklin, at 
Benton, on the Mondays following; in the county of Williamson, 
at Marion, on the Mondays following; in the county of Jackson, 
at Murphysboro, on the Mondays following ; in the county of 
Union, at Jonesboro, on the Mondays following ; in the county of 
Alexander, at Thebes, on the Mondays following ; in the county of 
Pulaski, at North Caledonia, on the Mondays following; in the 
county of Johnson, at Vienna, on the Mondays following; in the 
county of Massac, at Metropolis city, on the Mondays following; 
in the county of Pope, at Golconda, on the Mondays following ; in 
the county of Hardin, at Elizabethtown, on the Mondays follow- 
ing ; in the county of Saline, at Rawley, [Raleigh] on the Mondays 
following; and in the county of Gallatin, at Shawneetown, on the 
Mondays following, and to continue for two weeks. 

§2. All writs, subpoenas, and other process, which may have Process, how 
been, or may be issued, and made returnable to the terms of courts 
in said circuit, as heretofore required to be holden, shall be deemed 
and taken to be returnable to said terms of the courts, as required 
to be holden under this act ; and all notices which may have been 
given, either by publication, 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 said courts shall be taken up 
and disposed of as if no alteration had been made in the times of 
holding said courts. 

§ 3. All acts and parts of acts conflicting with the provisions of Acts repealed, 
this law are hereby repealed. This act to take effect from and af- 
ter its passage. 

Approved February 3, 1849. 



AN ACT fixing the times of holding the courts in the fourth judicial circuit. In force Janu- 
ary 30, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That hereafter the times of hoi- Times - hol * 
ding courts in the fourth judicial circuit, shall be as follows, to wit : ing courts. 
In the county of Wayne, on the Thursdays before the fourth Mon- 
days of March, and the Thursdays before the first Mondays of Sep- 
tember ; in the county of White, on the fourth Mondays of March, 
and the first Mondays of September ; in the county of Edwards, 
on the first Mondays of April, and the second Mondays of Septem- 
ber; in the county of Wabash, on the Thursdays thereafter; in the 
county of Lawrence, on the Wednesdays thereafter ; in the coun- 



eu 



COURTS. 



Process, how 
returnable. 



Acts repealed. 



ty of Crawford, on the Wednesdays thereafter ; in the county of 
Clark, on the Mondays thereafter; in the county of Coles, on the 
Mondays thereafter ; in the county of Cumberland, on the Mondays 
thereafter, in the county of Jasper, on the Thursdays thereaiter; 
in the county of Clay, on the Mondays thereafter ; in the coun- 
ty of Richland, on the Thursdays thereafter. 

§2. All indictments, recognizances, and suits, either at common 
law or in chancery, shall stand for hearing at the times herein speci- 
fied 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 here- 
tofore 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. 

§ 3. All acts and parts of acts coming in the purview and in 
conflict with this act, be, and the same is hereby, repealed; and this 
act shall be in force from and after its passage. 

Approved January 30, 1849. 



In force Janu- 
ary 20, 1849. 



Times of hold' 
ing courts. 



AN ACT fixing the times of holding courts in the eighth judicial circuit. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the generul assembly, That hereafter the times of 
holding courts in the eighth judicial circuit, shall be as follows : 

In the county of Sangamon, on the third Mondays of March and 
fourth Mondays of August; 

In the county of Tazewell, on the first Wednesdays of April and 
the third Wednesdays of 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 De Wilt, on the Thursdays thereafter , 

In the county of Piatt, on the Mondays thereafter ; 

In the county of Champaign, on the Wednesdays thereafter ; 

In the county of Vermilion, on the Mondays thereafter ; 

In the county of Edgar, on the Mondays thereaiter ; 

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 and recognizances and other process which have been or may 
be issued or entered into and made returnable to any of said courts, 
as at present arranged, shall be deemed and considered as returna- 
ble to the terms fixed by this section; and all cases and proceedings, 
whether criminal or in chancery, pending in any of the said courts, 
shall be taken up and disposed of according to law, as if no altera- 
tion had been made in the times of holding said courts. 



COURTS. 



61 



§ 2. All acts and part of acts coming [inj the purview and in Acts repealed, 
conflict with this act, be, and the same is hereby, repealed} and this 
act shall be in force from and after its passage. 

Approved January 20, 1849. 



AN ACT to establish the eleventh judicial circuit. j n f orce p e j,. 

ruary 12, '49. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the counties of Iroquois, District esttb- 
Will, Du Page, McHenry, Boone, and Winnebago, shall compose 
a judicial circuit, to be called the eleventh judicial circuit, and that 
circuit courts shall be holden at the respective county seats of 
said counties, at the times following, viz : 

§ 2. The courts in the eleventh judicial circuit shall be held in Times of hold- 
the counties thereof, at the following times, viz : ing courts. 

In the county of Winnebago, on the fourth Monday in March 
and the tirst Monday of September ; 

In the county of Boone, the second Monday after the fourth 
Monday in March and third Monday of September ; 

In the county of McHenry, the third Monday after the fourth 
Monday in March and the fourth Monday of September ; 

In the county of Du Page, the fifth Monday after the fourth Mon- 
day in March and the second Monday after the fourth Monday of 
September ; 

In the county of Will, the sixth Monday after the fourth Mon- 
day in March and the third Monday after the fourth Monday of 
September ; 

And in the county of Iroquois, the eighth Monday after the fourth 
Monday in March and the fifth Monday after the fourth Monday of 
September, in each and every year. 

§ 3. All process, suits and recognizances, which [have] been or Process retum- 
may be issued or entered into and made returnable to the courts as able " 
at present arranged, shall be taken and considered to be returnable 
to the times fixed by this act, and shall be valid to all intents and 
purposes. 

§ 4. There shall be an election holden in the respective counties Election of 
composing said judicial circuit on the second Monday of March J ud s e - 
next, for the election of circuit judge of said circuit, which shall 
be conducted, and returns thereof made, and certified and canvassed, 
in the manner provided by the constitution and laws of this 
state. Said judge, when elected, shall hold his office until the next 
general election for judges, as provided by the constitution, and 
until his successor shall be chosen and qualified. 

§ 5. It shall be the duty of the secretary of state to cause a certi- Notices to be 
fied copy of this act to be immediately transmitted to each of the clerks s ven * 
of the circuit and county commissioners' courts of said counties ; 
and the clerks of the county commissioners' court of said counties 
shall issue notice for the said election to the sheriffs thereof, re- 
spectively ; which notice shall be posted by them in the several 
precincts in all respects in the like manner as provided by the con- 



62 



COURTS. 



Powers of 
judge. 



Duties of state 
attorney. 



Spring terms. 



stitution and laws of this state for holding general elections there- 
in. 

§ 6. The said circuit judge, when elected, shall exercise all the 
powers, perform all the duties, and have all the jurisdiction and 
authority, now had or hereafter to be required of, or exercised by, 
circuit judges in this state, under the constitution and laws there- 
of; and shall receive the same compensation as other circuit judg- 
es are entitled to receive by the constitution and laws. 

§ 7. The state's attorney for the seventh judicial circuit, as now 
organised, shall be state's attorney of the eleventh judicial circuit 
as arranged by this act, and shall discharge all the duties and re- 
ceive the like fees and compensation for services as such as apper- 
tain to said officer by the constitution and laws. 

§ 8. The spring terms of the circuit court for the year 1849, 
shall be holden in conformity within the provisions of the second 
section of "an act providing changes in the seventh and ninth ju- 
dicial circuits, and for fixing the time for holding courts in the sixth 
and seventh judicial circuits," in force February 27, 1847. 

§ 9. This act shall take effect and be in force from and after its 
passage. 

Approved February 12, 1849. 



In force AN ACT establishing county courts, and providing for the election of justices 

April 13, 1849. of the peace and constables, and for other purposes. 



Election of 
.udges. 



Court establish. Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That there shall be established 
in each of the counties of this state, now created and organised, or 
which may hereafter be created or organised, a court of record, to 
be styled "the county court ol (the proper) county," to be held 

by and consist of one judge, to be styled "the county judge of 

county." 

§ 2. The said county judges shall be elected on the Tuesday 
after the first Monday in November, in the year eighteen hundred 
and forty-nine, and on the Tuesday after the first Monday in No- 
vember quadrennially forever thereafter, by the qualified voters 
of the respective counties, and shall hold their offices for the term i 
of four years, and until their successors are elected and qualified. 

Oath of office. § 3. Each of the said county judges shall, before entering upon 
the duties of his office, take an oath "faithfully and impartially, 
promptly and wilhout delay, to perform all the duties of his office, 
according to the best of his knowledge and abilities, according to 
law." Also, an oath to support the constitution of the United 
States and of this state, and also the oath prescribed in the twenty- 
sixth section of the thirteenth article of the constitution of this 
state ; which oaths may be administered by any justice of the peace, 
or judge of any court of record, and shall be endorsed, by the 
officer administering such oaths, on the commission of said county 
judge, and, with the commission, recorded by the clerk of said 
court. 

compensation. § 4. The county judges respectively shall be entitled to a com- 



COURTS. g£ 

pensation for their services of two dollars and fifty cents per day, 
for every day employed by them in holding courts, to be paid quar- 
terly, out of the county treasuries of the respective counties, on the 
certificate of the clerk of said court. 

§ 5. Said courts shall sit in the court-house, or usual places of Times of hold- 
holding courts in the several counties of this state, for the transac- ing courts, 
tion of business, on the first Monday of every month, except the 
months of December, March, June, and September, and on the 
third Mondays of said months, and shall continue open from day 
to day until all the business before them shall be disposed of. Said 
courts shall each have a seal. The clerks of said courts shall be 
the keepers of the seals thereof, and shall issue all process legally Powers » Si ' c • 
emanating from said courts ; which process shall bear date when 
issued, be tested in the name of and signed by the clerk, and 
sealed with the seal of said court. And the clerk of said court 
shall perform all the ministerial duties heretofore performed by the 
probate courts, and shall be entitled to the fees and emoluments 
allowed by law ; Provided, that granting letters testamentary, or of 
administration, except to collect, all letters of guardianship, and re- 
pealing the same, and allowing or disallowing claims against estates 
or persons, determining who are entitled to said letters requiring 
the settlement of estates, and directing the issuance of citations and 
attachments, shall be considered as general judicial powers under 
this act. 

§ 6. Whenever a vacancy shall happen in the office of county Vacancy, how 
judge, by death, resignation, removal from the county, or anv other filled - 
cause, it shall be the duty of the clerk of said court in the county 
in which the vacancy may happen, to issue his orders to the judges 
of election in the different precincts in the proper county, requiring 
them, on a certain day therein named, not less than twenty days 
from the issuing of such order, to hold an election to fill such va- 
cancy ; which orders shall be immediately delivered by said clerk 
to the sheriff of the proper county, and by him, within five days 
after the receipt thereof, delivered to the respective judges of elec- 
tion to whom directed, and the judges of election shall, in pursu- 
ance of said orders, hold said election. And the clerk of said court 
shall, at the time of making the orders to the judges of election, 
make out and deliver to the sheriff as many notices of said special 
election for judge as there are precincts in the county ; and the 
sheriff shall, within the said five days, cause one of the said notices 
to be posted up in one of the most public places in each of said 
precincts. 

§ 7. There shall be elected at the same time and places of elect- Clerk to be 
ing the judges of said court, in each of the counties of this state elected - 
now organised, or which mav hereafter be organised, by the quali- 
fied voters thereof, a clerk of said county court, who shall hold his 
office for the term of four years, and until his successor shall be 
elected and qualified. 

§ 8. Every clerk so elected shall keep his office at the county office to be kept 
seat, or place of holding court, for each county respectively. And at co'nty seat, 
each and every clerk, before entering upon the duties of his office, 
shall take an oath to support the constitution of the United States Oath, 
and of this state, the oath prescribed in the twenty-sixth section of 
the thirteenth article of the constitution of this state, and also an 
oath "faithfully and impartially to discharge all the duties pertain- 



64 



COURTS. 



To give bond. 



Vacancy, how 
filled. 



Clerk pro tern, 
may be ap'ted. 



Penalty for ne- 
glect of duty. 



Circuit clerk to 
be recorder. 



ing to said office of clerk of the county court, to the best of his 
abilities and knowledge, according to law;" which shall be en- 
dorsed on the commission of said clerk, and, with the commission, 
spread on the records of said court. (Said oaths may be taken in 
open court, or before any judge or justice of the peace.) He shall 
also enter into bond, with good and sufficient securities, to be ap- 
proved by said court, in the sum of three thousand dollars, payable 
to the people of the state of Illinois, for the use of any person in- 
jured — or the county, if injured, conditioned for the faithful dis- 
charge of the duties of said office of clerk of the county court, and 
for the delivering up to his successor in office all the books, re- 
cords, papers, and proceedings of said court, whole, safe, and un- 
defaced, as well as all property of every kind belonging to said 
office, when superseded in said office ; which bond, when approved 
by the court, shall be spread on the records thereof, and afterwards 
transmitted to the secretary of state and riled in his office. 

§ 9. When a vacancy shall happen in the office of county clerk, 
it shall be rilled by election, in the same manner as a vacancy in the 
office of judge. And the judge shall issue the orders for the elec- 
tion, and shall make out the notices for the same, and receive the 
returns of the election in the same manner that the clerk is re- 
quired to do in the case of a vacancy in the office of county judge. 
And the judge shall aid in comparing the returns of a special elec- 
tion for clerk, and make returns to the office of secretary of state, 
for the purpose of procuring the commission of the clerk so elected, 
in the same manner that the clerk is required to do in case of elec- 
tions of other officers ; Provided, that if a clerk pro tern, shall be 
appointed and qualified, within live days after any such vacancy 
shall occur, such clerk pro tern, shall perform the duties in this 
section required of the judge. 

§ 10. When a vacancy shall happen in the office of clerk of the 
county court, from any cause whatever, the county judge shall ap- 
point a clerk pro tern., to continue in office till a clerk be elected 
and qualified. And the clerk so appointed pro tern., shall take the 
same oaths, and execute bonds with like conditions, with security 
and penalty in the discretion of the judge. And the clerk pro 
tern, shall have all the powers, perform all the duties, and be enti- 
tled to all the fees and emoluments, for the time he may act as such, 
that the resularly elected clerk of said court would possess, be 
bound to perform, or be entitled to. 

§11. Every clerk who shall refuse or neglect, after going out 
of office, to deliver to his successor in office, all books, records, 
papers, money, property, and every thing appertaining to said office, 
shall be subject to indictment, and on conviction, to fine and im- 
prisonment, in the discretion of the court before which he may be 
tried ; Provided, the fine shall not exceed one thousand dollars, and 
the imprisonment one year. 

§ 12. The clerk of the circuit court shall be recorder of deeds, 
and shall perform all other duties now required by [of] the county 
recorder ; and if any recorder now in office should die, resign, or 
otherwise vacate his office before this act takes effect, in such case, 
the clerk of the circuit court shall immediately take the office so 
vacated, and be entitled to receive such fees as are now, or may be, 
from time to time, allowed by law. 



COURTS. QPf 

§ 13. The county court shall be, and is hereby, vested with all Powers and ju- 
the powers and jurisdiction of the probate court, as now established court. 10 " 
by law, and appeals may be taken from and writs of certiorari prose- 
cuted upon its judgments, rendered under the powers conferred in 
this act, in the manner prescribed by law, in case of similar judg- 
ments rendered by the probate court. The county court shall have 
concurrent jurisdiction with the circuit court in hearing and deter- 
mining all applications for the sale of real estate of deceased persons, 
for the payment of debts of said decedents, and may make all orders 
and render all judgments on such applications that the circuit court 
might or could make or render in similar cases. And the orders 
and judgments of said court shall have the same force, power, and 
effect as the orders and judgment of the circuit court in like cases. 
And final process may issue as from the circuit court. 

§ 14. The county judge shall be a conservator of the peace, and 
shall have the same civil and criminal jurisdiction as the justices 
of the peace in this state; and shall have the same power and 
authority to preserve order in the court, and punish contempts 
offered the court while in session, that the circuit court now pos- 
sesses. 

§ 15. The said judge, with two justices of the peace designa- To sit as county 
ted and provided for, shall, in all cases whatever, sit as a county court - 
court; have, exercise, and possess all the power, jurisdiction, and 
authority heretofore conferred by law on the county commission- 
ers' court of this state; and shall sit for the transaction of county 
business on the first Mondays of December, March, June, and 
September, in every year, and shall continue open until the busi- 
ness before them is disposed of; and called or special terms for 
the transaction of county business may be held, as now provided by 
law for special terms of the county commissioners' courts. The 
sittings of said court shall be in the court-houses, or usual places 
of holding courts in the respective counties. 

§ 16. On the Tuesday after the first Monday }n November, in Election for 
the year eighteen hundred and forty-nine, and on the Tuesday after c0 ' nt y° t*** 
the first Monday in November quadrennially forever thereafter, 
there shall be elected in each of the several counties of this state 
now organised, or that may hereafter from time to time be organ- 
ised, and in the districts now established in pursuance of the laws 
of this state, or that may hereafter be established, and by the qual- 
ified electors thereof, the number of justices of the peace and con- 
stables to which such counties are now entitled by law, or to which 
they may hereafter from time to time be entitled; and said justices 
of the peace and constables so to be elected, shall exercise the 
powers and jurisdiction, and perform the duties, and be under the 
liabilities, in all respects whatever, of the justices of the peace 
and constables now in office, and be entitled to the same fees and 
emoluments, or such as may be provided by law. 

§ 17. There shall be elected at the same times and places, in Additional jus- 
each of the said several counties, by the qualified electors thereof, t, , c *?„i° 

j i -ii » v - f i elected, 

ana each county is hereby created a district lor that purpose, two 

additional justices of the peace, whose jurisdiction shall be co- 
extensive with the counties, and who, together with the other 
justices of the peace and constables, provided for in the next pre- 
ceding section of this act, shall hold their offices for the term of 
four years, and until their successors are elected and qualified, 



()6 COURTS. 

shall, in like manner as the other justices, give bond, exercise the 
same jurisdiction and powers, be subject to the same liabilities, and 
and perform the same duties ; and shall, moreover, sit with the 
county judge as members of the court, for the transaction of all 
county business, and none other ; and while sitting as members 
of the court, shall have an equal vote with the county judge on all 
questions and matters legally and properly before said court ; shall 
each receive tbe same per diem compensation while holding courts. 
Any two of the three shall constitute a quorum to do business. 
The county judge shall be the presiding judge of the county court. 

?iow commis- § 18. The county judge, clerk of tbe county court, the couuty 

sio . and district justices of the peace, in this act provided for, shall be 

commissioned by the governor ; and the constables shall receive 

from the clerk, to whom election returns are made, certificates of 

election. 

vacancies, how § 19. Vacancies in the office of justice of the peace and consta- 
ble shall be filled by special election, in the manner pointed out in 
the sixth section of tins act, for filling a vacancy in the office of 
county judge; Provided, that in filling vacancies in the office of 
constable and district justices of the peace, the order for and no- 
tice of election shall be applicable to the proper district only. 

Additional oath. § 20. In addition to oaths to support the constitution of the Uni- 
ted States, and of this state, and an oath for the faithful and prompt 
discharge of the duties of their respective offices, the said justices 
of the peace and constables shall each take the oath prescribed in the 
twenty-sixth section of the thirteenth article of the constitution of 
this state. 

Duty of sheriff. § 21. The sheriff in each county shall, by himself or deputy, 
attend the sittings of the county court, preserve order in the same, 
and execute the legal commands thereof. 

Proceedings, § 22. In all suits or proceedings whatever, originating in the 

how conducted coun (y C01ir t, the process and service thereof shall be the same as 
if the proceeding originated in the circuit court, as near as circum- 
stances will permit. 

Books to be § 23. The clerk of the county court shall provide for the use 

pr vl * of his office, two sets of books, for the purpose of entering and 
preserving the proceedings of said court, while acting with the jus- 
tices of the peace for the transaction of county business, separate 
from those containing the proceedings and business of said court 
while acting judicially. And said clerk shall keep the papers and 
business of said court, in like manner, separate. 

uuies. § 24. In all cases where concurrent jurisdiction with the circuit 

court is given to the county court by this act, the rules of proceed- 
ing and practice shall be the same, and in all cases in which the 
probate court has heretofore exercised jurisdiction, the rules of 
proceeding and practice in the county court shall be the same as 
that held in the probate court. And in all cases in which the 
county commissioners' courts have heretofore exercised jurisdic- 
tion, the rules of proceeding and practice in the county court shall 
be the same as in the county commissioners' courts. 

when to enter § 25. On the first Monday of December, eighteen hundred and 

on u les. forty-nine, the county judges, clerks of the county court, justices 

of the peace, and constables, provided for in this act, shall enter 

upon the duties of their respective offices, and on said day the term 

of office of the county commissioners, clerks of the county com- 



COURTS. (37 

missioners' court, probate justices of the peace, justices of the 
peace, and constables, then in office, shall expire ; Provided, that Proviso, 
the justices of the peace, constables, county commissioners, clerks 
of the county commissioners' courts, and probate justices of 
the peace, who shall be in office on the first Monday in Au- 
gust next, shall continue in office until the first Monday in De- 
cember next, and until the justices of the peace, county judges, 
and clerk of the county court, provided for in this act, shall re- 
spectively be elected and qualified; And provided, further, that a Furth'rprovit* 
failure of any of the officers last mentioned to execute bond and 
take the oath of office, within twenty days after notice to any such 
officer of his election, at any general or special electiun, shall cre- 
ate a vacancy in office, and be filled by election or appointment as 
hereinbefore provided. 

Approved February 12, 1849. 



AN ACT in relation to the Jo Daviess county court, created by act approved j n f orce 

March 1, 1849. April 13> lM# 

Section 1. Be it enacted by the people of the state of Illinois, Du t y of judge 
represented in the general assembly, That the judge of the seventh of 7th circui?. 
judicial circuit is hereby authorised to hold two terms of the Jo 
Daviess county court, one of which terms shall commence on the 
lirst Monday of May next, and the other of said terms on the iirst 
Monday of September next, for the purpose of closing up and 
finishing the business of said court as far as practicable. 

§ 2. That after the end of the term last above provided for, no Bus j ness to b- 
suits shall be brought in said court, and no further business shall closed, 
be done therein, or by the officers thereof, except to issue, at any 
time within six months after the close of said term, all execu- 
tions, fee bills, and other process, as may be necessary to finally 
close up and carry into effect any judgment, decree, or final order 
of said court, made previous to the end Of the term aforesaid. 

§ 3. That after the adjournment of the said last mentioned term Business &c- 
of said court, all suits, pleas, process, and proceedings of what transferred, 
kind soever, therein pending and undetermined, and all papers and 
records connected therewith, shall be, and the same are hereby, 
transferred to the circuit court of Jo Daviess county, to be therein 
proceeded with in all respects the same as though the said suits 
and proceedings had been originally commenced in said circuit 
court. 

§ 4. That after the expiration of six months from the adjourn- Du t y f clerk* 
ment of the last term of the Jo Daviess court, herein directed to 
be held, it shall be the duty of the clerk of said court to transfer 
and deliver to the clerk of the circuit court for the said county, all 
books, papers, and records of every name, kind, and description, 
in the custody, power, and control, of the said clerk, to be and re- 
main in the custody, power, and control, of the clerk of said circuit 
court, for the use and benefit of the parties therein interested; and 
to remain as public records, as fully and effectually as if the said 
books, papers, and records had belonged to, and the suits to which 
they pertain had originated and been prosecuted in said circuit 



COURTS. 



Court suspend- 
ed. 



Special terms 
may be ap- 
pointed. 



Disposition of 
lees. 



Proviso. 



Appeals, &c, 
prohibited. 



Compensation. 



4 

Act repealed. 



court; and all process, rules, or orders necessary for the further 
prosecution of any rights or remedies, shall he made by the court, 
or issued by the clerk of said circuit court. 

§ 5. The said Jo Daviess county court, from and after the ex- 
piration of the said six months, shall be, and the same is hereby, 
suspended, and process returnable thereto shall be returned into 
the said circuit court, and full power is hereby conferred upon said 
circuit court to enforce and compel the return of such process. 

§ 6. If for any cause the judge of the seventh judicial circuit 
shall be unable or fail to hold the terms hereinbefore provided for, 
said judge may appoint special terms in the same manner as spe- 
cial terms are appointed in the act creating said Jo Daviess county 
court. And all process issued out of said Jo Daviess county 
court, after the passage of this act, shall be tested in the name of 
the clerk thereof. That the clerk of the Jo Daviess county court, 
after the expiration of his office, shall be entitled to all the benefits, 
and the clerk of the Jo Daviess circuit court shall do and perform 
all of the duties required and enjoined by the thirty-ninth section 
of the forty-first chapter of the revised statutes, entitled "fees and 
salaries ; " Provided, that the special terms herein provided for, 
shall be held within twelve months from and after the passage of 
this act. 

§ 7. That no appeals shall be taken to nor any new suit brought 
or indictments found in said county court, from and after the pas- 
sage of this bill, but (he same shall be taken to brought and found 
in the Jo Daviess circuit court. 

§ 8. The sum of one hundred and fifty dollars, for each of said 
terms, is hereby appropriated to the judge of the seventh judicial 
circuit, for the holding of said courts, to be paid out of any moneys 
in the treasury not otherwise appropriated ; and section ten of the 
act creating the Jo Daviess county court, and all terms of said court 
other than is provided, and all parts of said act creating said courl 
that conflicts with the provisions of this act, shall be, and the same 
are hereby, repealed. 

Approved February 8, 1849. 



In force Feb. AN ACT supplementary to the act establishing county courts, and providing for 
12, 1849. the election of justices of the peace and constables, and for other purposes. 



Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, That the county recorders of 
the several counties in this state, now in office, shall hold their re- 
spective offices until the first Monday in December next ; Provi- 
ded, however, that in case any recorder, now in office, shall die, re- 
sign, or otherwise vacate his office, in such case, the clerk of the 
circuit court of the county in which such vacancy shall happen, 
shall immediately become recorder, any thing in the act to which 
this is a supplement, conflicting with the provisions of this act to 
the contrary notwithstanding. This act to take effect from its pas- 
sage. 

Approved February 12, 1849. 



COURTS. 69 

AN ACT to provide for the election of certain officers therein named. In force 

Feb. 6, 1849. 

Section 1. Be il enacted by the people of the state of Illinois, 
represented in the general assembly, That on the first Monday of 
April, in the year of our Lord one thousand eight hundred and for- j UUg e a nd clerk, 
ty-nine, and every fourth year thereafter, an election shall be held 
in Cook county, at which election there shall be chcsen one judge 
of the court, created by an act entitled "an act to establish the Cook 
county court," approved February 21st, 1845 ; also a clerk of 
said court, and a prosecuting attorney, to perform the duties provi- 
ded for in said act, who shall each hold their respective offices for 
the term of four years, and until their successors shall be elected 
and qualified. 

§ 2. The said election shall be conducted and the returns there- Returns, &c 
of made, in all respects, as in other elections for county officers. 
The person receiving the greatest number of votes for either of said 
offices shall be declared duly elected, and shall be commissioned 
by the governor. 

§ 3. Before entering upon the duties of their respective offices, 0atn . 
the person so chosen shall take the usual oath of office ; and the 
clerk and prosecuting attorney shall each execute a bond in the 
manner prescribed in the act creating said court. 

§4. Upon the commencement of every suit on the law side of Fees, 
said court, the plaintiff in such suit, before process shall be issued, 
shall pay to the clerk of said court the sum of one dollar and fifty 
cents, and upon the taking of each appeal from the decision of any 
justice of the peace within the limits of the city of Chicago, wheth- 
er bond is filed with the justice of the peace or clerk of the court, 
the sum of fifty cents shall first be paid by the party taking the ap- 
peal before the same shall be allowed ; and upon the commence- 
ment of each chancery suit, before process shall be issued, there 
shall be paid by the complainant to the clerk the sum of two dollars 
and fifty cents; which said amounts shall be taxed against the losing 
party as other costs are. The above fees shall be reserved and paid 
to the judge of said court at the expiration of each quarter, during 
each year. 

§ 5. That before any judgment shall be entered in said court by 
confession and without the issuing of any process, if the amount of 
such judgment shall be for a less sum than one hundred dollars, 
there shall be paid to the clerk of said court, fifty cents ; if the 
judgment shall be for a sum exceeding one hundred dollars and not 
more than five hundred dollars, there shall be [paid] to the clerk 
of said court, one dollar ; if the judgment shall be for a sum ex- 
ceeding five hundred dollars, there shall be paid to the clerk of said 
court, one dollar and fifty cents ; which said amounts shall be taxed 
against the losing party as in ith.r cases; which sums so paid shall 
be by the clerk of said court paid over to the judge of saict court 
at the expiration of each quarter during each year. 

§ 6. That it shall be the duty of each justice of the peace with- Duties of justi 
in the limits of the city of Chicago, to make out and furnish to the ccs of P eace - 
judge of said court, on the first day of each term of said court, a list of 
the appeals granted by him to the said court, and shall at the same 
time pay over the sums by him received on the granting of each ap- 
peal. 



70 



DEBT. 



Powers confer- § 7. All the powers, rights, duties, and obligations confer- 
red or imposed upon the said judge, clerk, prosecuting attorney, or 
either of them, in and by the said act creating the said court, are 
hereby conferred and imposed upon the said officers, and each of 
them, to be elected by authority of this act. And all process here- 
after issued out of said court shall be tested in the name of the 
clerk of said court. 

Oerkmaybe § 8. That the judge of said court shall have power to remove 

removed. the clerk thereof, and to appoint another in his place, who shall 
hold his office until the next general election, to be held under the 
authority of this act ; Provided, that the reasons for the removal of 
any clerk shall be by the judge entered at length upon the records 
of said court. 

vacancies, how § 9. That when any vacancy shall occur in the office of judge 
filled. or prosecuting attorney for said circuit, it shall be the duty qI' the 

governor to issue his writ of election to the sheriiF of said county, 
commanding said sheriff to give twenty days' notice of an election 
to fill such vacancy; whereupon an election shall be held in the man- 
ner directed for other county elections. 

contested elec- § 10. In all cases where the election of any person, to act as the 

♦*on, how tried, judge of the said court, shall be contested, the same proceedings 
and trial shall be had in every respect as is provided by laws for 
contesting the election of any judge of any circuit court in this 
state ; and in all cases where the right of any person to act as 
clerk or prosecuting attorney shall be contested, the same proceed- 
ing shall be had as in other contested electrons for county officers; 
but such contest shall be heard and tried in the circuit court for 
the county of Cook. 

«.ct repealed. § H- So much of the act mentioned in the first section of this 

act as conflicts herewith be, and the same is hereby, repealed. This 
act to take effect and be in force from and after its passage. 
Approved February 6, 1849. 



In force AN ACT concerning the public debt. 

April 13, 1849. 

Section 1. Be it enacied by the people of the state of Illinois, 
TO^dividend" presented in the general assembly, That the governor of this stale 
is hereby authorised to invest the annual dividend upon the sur- 
plus revenue due [from] the general government, (which dividend is 
derivable under the fifteenth article of the constitution,) and also such 
sums of money as may be received from the general government, due 
the school fund of this state, in Illinois bonds; ond the same, when so 
purchased, shall be cancelled and filed with the treasurer, and the 
amount of such bonds and interest shall be entered upon the books 
of the auditor of state, and reported to the legislature at each ses- 
sion in a separate item with the school fund, 
ilrae extended. § 2. That the time limited by law within which the creditors of 
the state are required to present their bonds and indebtedness for 
funding, be, and the same is hereby, extended, end made subject 
only to limitation on notice given by the ex officio fund commis- 
sioner. 



ELECTIONS. 7 [ 

§3. That hereafter the following order shall be preserved in Time of making 
carrying into effect the 15th article of the constitution of this state, 
viz : The annual dividend shall be made on the first day of Janua- 
ry, provided, it shall not come on Sunday, in which case the second 
day of January, and the amount which shall appear due upon each 
bond, under such dividend, shall be paid over to the proper parties 
in ten days after such dividend shall have been struck. 

§ 4. That the sum of $1,500 yearly is hereby appropriated, or Appropriation 
so much thereof as shall be found necessary, to defray the expen- or a S encies - 
ses of the interest and transfer agencies of this state in the city of 
New York. 

Approved February 12, 1849. 



In force Feb. 
AN ACT to provide for the mode of voting by ballot, and for the manner of return- 12 j 84 g 

ing, canvassing and certifying votes. 

Section 1. Be it enacted by ike people of the state of Illinois, p res j derit i a i 
represented in the general assembly, That there shall be elected by electors, 
general ticket on the Tuesday next after the first Monday in 
November, preceding the expiration of the term of office of each 
president of the United States, as many electors of president and 
vice president of the United States as this state may be entitled to 
elect; which election shall be conducted and returns thereof made 
as hereinafter provided; Provided, that if congress should hereaf- Proviso. 
ter fix a different day for such election, then the election for elec- 
tors shall be held on such day as shall be named bv act of congress. 

6 2. All general elections for the election of governor, lieuten- Time of elec " 
^f t t- 4 i i-. i- ui- , . , tion of state 

ant governor, secretary of state, auditor oJ public accounts, state omcers . 

treasurer, representatives to congress, senators and representatives 
to the general assembly, and county officers, shall be held on the 
Tuesday next after the lirst Monday of November biennially, ex- 
cept for such offices as are directed to be chosen at other times 
than biennially ; which elections shall be conducted as is directed 
by this act and the act to which this is an amendment. 

§ 3. That an election shall be held in this state on the first Mon- Election for 

day of June, eighteen hundred and fifty-two, and every ninth year J ud s es of su - 
.u c i- • i ,-i /■ . i- , preme court. 

tnerealter, lor one judge of the supreme court from the first grand 
division; on the first Monday of June, eighteen hundred and fifty- 
five, and every ninth year thereafter, for one judge of the supreme 
court from the third grand division ; and on the first Monday of 
June, eighteen hundred and fifty-eight, and every ninth year there- 
after, for one judge of the supreme court from the second grand 
division; and the present judges of the supreme court shall re- 
spectively hold their offices till the lime fixed by this section for an 
election of a judge from the division for which such judge may 
have been elected. 

§ 4. That on the first Monday of June, one thousand eight bun- Forjudges of 
dred and fifty -five, and every sixth year thereafter, an election shall C11 " cuitt °urt. 
be held in each judicial circuit for the election of a judge for such 
circuit ; Provided, that whenever an additional judicial circuit shall proviso. 
be created, the first election of a judge for such circuit shall be 
held at such time as the law creating such circuit shall direct, but 
whose term of office shall expire at the time fixed for the next reg- 
ular election of judges for the judicial circuits of this stale. 



72 



ELECTIONS. 



Vacancies pro- 
vided for. 



Proceedings in 
contested 
election. 



Vacancies, how 
filled. 



Returns, how 
made. 



Qualifications 
of voters. 



v § 5. That in ease of any vacancy in the office of judge of the 
supreme or circuit courts of this state, within one year of the time 
fixed by this act for an election of such judge, it shall be the duty 
of the governor to appoint a judge to fill such vacancy, who shall 
hold his office till the time fixed by this act for the election of judg- 
es for such court; but if any vacancy shall occur more tban one 
year previous to the time fixed by this act for the election of 
such judge, it shall be the duty of the governor to issue writs of 
election to the several counties that may be entitled by law to vote 
for such judge, fixing the time for the holding of said election, and 
requiring said sheriffs to give twenty days' notice of the time and 
place of holding said elections; which elections shall be conducted 
in the same manner as if the election of such judge had taken place 
at the regular time fixed by law. 

§ 6. In case the right of any person claiming to be elected a 
judge of the supreme or circuit court shall be contested, the con- 
test shall be conducted and the evidence taken in the same manner 
now provided by law for contesting the election of members of 
the general assembly, and the evidence, when taken, if it relate to 
the election of a judge of the supreme court, it shall betransmilted 
to the speaker of the senate; and if it relate to a judge of the cir- 
cuit court, it shall be transmitted to the clerk of the supreme court 
of the grand division in which a sitting of the supreme court is first 
directed to be held after such contest shall have commenced. 

§ 7. In case of a vacancy in the office of clerk of the circuit 
court, it shall be the duty of the judge of said court to appoint a 
clerk, who shall hold his office until the next regular election for 
county officers, or members of the general assembly, whichever may 
first happen, at which election such vacancy shall be filled; and in 
case of a vacancy in the office of clerk in the supreme court in either 
of the grand divisions, the judges of the supreme court shall appoint a 
clerk, who shall hold his otlice until the time fixed by the constitution 
for the election of such clerk; and incase of a vacancy in the office of 
state's attorney, the governor shall appoint a state's attorney to fill 
such vacancy, who shall hold his office until the time fixed by the 
constitution for the election of state's attorneys; and in case of a 
vacancy in either of the offices of auditor, treasurer, or secretary 
of state, the governor shall fill any such vacancy until the time fixed 
by the constitution for an election to fill such vacancy. 

§ 8. The election of state's attorneys and clerks of the supreme 
court may be contested in the same manner as is provided for contest- 
ing the rights of judges of the circuit courts; and the election of clerks 
of the circuit courts may be contested in the manner provided for 
contesting the election of county officers; Provided, any person whose 
election is proposed to be contested, shall be released from cost of 
such contested election, by refusing to receive a certificate of the 
clerk of the county court of his election. 

§ 9. Returns of the election of judges of the supreme court and 
circuit courts, secretary of state, auditor, treasurer, state's attor- 
neys, and clerks of the supreme court, shall be made and can- 
vassed as is now provided by law for representatives in congress. 
Returns for clerks of the circuit court shall be made and canvassed 
as is now provided for other county officers. 

§ 10. At any and all elections held in this state, every white 
male citizen above the age of twenty-one years, having resided in 
this state one year next preceding any election , and every white 



ELECTIONS. 73 

male inhabitant of the £ge aforesaid, who was a resident of this state 
on the first day of April, in the year of our Lord one thousand eight 
hundred and forty-eight, shall be entitled to vote at any elec- 
tion ; but no person shall be entitled to vote except in the 
precinct, place, or township where a poll shall be held, in 
which he shall actually reside at the time of such election ; Provi- p r0V i 8O> 
ded, that when any such person shall offer his vote, and either of 
the judges of the election shall suspect that such person is not 
a qualified voter, or if his vote shall be challenged by any elector, 
the judge of the election shall tender to such person the following 
oath or affirmation: "You do soleu.nly swear (or affirm, as the 
case may be,) that you are a resident of this precinct, place, 
or township, that you are a citizen of this state, and have re- 
sided herein one year preceding this election, or that you was an 
inhabitant of this state on the first day of April, in the year of our 
Lord one thousand eight hundred and forty-eight, that you are 
above the age of twenty-one years, and that you have not voted at 
this election, so help you God." Every vote offered by any per- 
son who shall refuse to take the foregoing oath shall be rejected. 

§ 11. That the county court, or the board doing county business Blank forms t« 
in each of the several counties in this state, at their first meeting e provl e 
in each and every year, shall cause a suitable number of blank forms 
of poll-books and election returns to be made out (headed and cer- 
tified as the nature of the case may be,) for each board of elections, 
in each precinct, township or place; which they shall cause to be 
delivered into the hands of the sheriffs respectively of said coun- 
ties, whose duty it shall be to deliver them to the judges, or boards 
of election, at least ten days previous to the next election then to 
be held. 

§ 12. Each qualified voter may vote once and no more; and if any Restrictions, 
person shall attempt to vote more than once, or to hand in two or 
more tickets folded together, every person so offending shall be li- 
able to indictment, and on conviction shall be fined in any sum not 
exceeding fifty dollars. 

§ 13. Every ticket handed in shall contain the name of every Form of votes, 
candidate such voter intends voting for, either in writing or print, 
designating the office to which he wishes each to be elected; and if 
more persons are designated for any office than there are candidates 
to be elected, such part of the ticket shall not be counted for either 
of them, but no vote shall be rejected for the want of form, if the 
judges or board of election can determine therefrom, to their satis- 
faction, the person voted for, and the office which the voter intend- 
ed such person should fill. 

§ 14. That the county court, or board doing business, shall pro- Ballot-boxes, 
vide a sufficient number of ballot-boxes at the expense of the coun- 
ty, for the several boards or judges of election, to be kept by one of 
the judges or board, and to be delivered over to the successors of 
such judges or board, each of which said ballot-boxes shall be fur- How kept, 
nished with a sufficient lock and key, and before any ballot shall have 
been deposited therein the same shall be publicly opened and ex- 
hibited, to the end that the judges and clerks assisting at every 
election may see that no ballot is in said box ; after which, the same 
shall be locked and the key delivered over to one of the judges 
or board of election, and shall not be opened during the said elec- 
tion, except in the manner and for the purposes herein provided. 
An opening shall be made in the top or lid of each of such bal- 



74 



ELECTIONS. 



Method of vo- 
ting. 



Proviso. 



Duty of clerks 
and judges. 



Votes how can- 
vassed. 



Fraudulent 
votes disposed 
of. 



Certificates. 



lot-boxes, not larger than shall be sufficient to admit a single closed 
ballot to be inserted therein at one time, through which each ballot 
received shall be inserted. 

§ 15. The method of voting shall be by ballot, which ballot shall 
be folded by the voter and delivered to one of the judges or board 
of election, who shall, without unfolding or opening the same in 
any manner, deposit the said ballot in the said ballot-box ; Provi' 
ded, that no ballot shall be received or counted unless the same is 
written or printed upon white paper, without any marks or figures 
thereon, intended to distinguish one ballot from another. 

§ 16. Each clerk of the election shall keep a poll list, which shall 
contain one column, headed "names of voters." The name of each 
elector voting shall be entered by each clerk in regular succession 
under the said heading in his poll list. At each adjournment of the 
polls, and upon the final closing of the same, the clerks shall, in the 
presence of the judges or board of election, compare their respec- 
tive poll lists, and correct all mistakes that may be discovered ac- 
cording to the decisions of the judges or board of election, until 
such poll lists shall be made to correspond in all respects; the bal- 
lot-box shall then be opened and the said poll lists placed therein; the 
box shall then again be locked, and the seal of one or more of the 
judges shall be so placed thereon as entirely to cover the opening 
in the lid or top of said box; the key of said box shall then be de- 
livered to one of the judges or board of election, and the box to 
another; the judge having the key shall keep the <arae in his own 
possession, and deliver it again to the board at the next opening of 
the poll ; the judge having the box shall carefully keep it, without 
opening it or permitting it to be opened, or the seal thereof to be 
broken or removed, and shall publicly deliver it in that condition to 
the board at the next opening of the polls. 

§ 17. As soon as the polls at any election shall have finally 
closed, the judges, or board and clerks, may adjourn the counting 
and canvassing of the votes to some convenient hour of the next 
ensuing day, at which time they shall proceed to canvass the votes 
polled, by first counting the whole number of ballots in the box ; if 
the ballots shall be found to exceed the number of names entered 
on each of the»poll lists, they shall be replaced in the box, and one 
of the judges shall publicly draw out and destroy so many ballots 
unopened as shall be equal to such excess, and the ballots or poll 
lists agreeing, or being made to agree, the board shall proceed to 
count, and estimate and publish the votes, 

§ 18. As the judges or board of election shall open and read the 
tickets, each clerk shall carefully mark down the voles each candi- 
date shall receive, in separate columns prepared for that purpose, 
with the name of such candidate at the head of such column, and 
the office or place it is designed by the voters such candidate shall 
fill ; but if on such canvassing two tickets shall be found deceitful- 
ly folded together, they shall both be rejected as if the same had 
never been deposited in the ballot-box. 

§ 19. As soon as all the votes shall have been read off and count- 
ed, the judges or board of election shall make out a certificate un- 
der their hands, stating the number of votes each candidate re- 
ceived, designating the office for which such person received such 
vote or votes, as is prescribed and directed by the twenty-third 
section of the thirty-seventh chapter of the revised statutes, enti- 



ESTRAYS. 75 

tied "elections;" and the said certificate, together with one of the 
lists of voters, and one of the tally papers, shall be put into the 
hands of one of the judges or board of election, who shall, within 
four days thereafter, deliver the same to the clerk of the county 
court, or his deputy, at the county seat or place of holding county 
courts; and when received, such clerk or deputy shall proceed to 
open, canvass and publish the return from each precinct, township 
or place, as is now provided by law. 

§ 20. If any judge or the judges of any election shall refuse to re- Penalty for re- 
ceive the vote of any qualified elector, who shall take or offer to 
take the oath prescribed by this act, in such case every judge so 
refusing or neglecting to receive the vote or ballot, or opening or 
unfolding such ballot, when Me same shall be presented, shall be 
liable to be indicted, and on conviction, shall be fined five hundred 
dollars, and imprisonment not exceeding thirty days ; and for every 
refusal or neglect to receive such vote, the party aggrieved may 
have an action on the case against iht said judge or judge? ; the 
damages in such case shall not exceed the sum of five hundred dol- 
lars. 

§21. Section one, six, fifteen, sixteen, eighteen, twenty-four, Sections re- 
and thirty-nine, of chapter thirty-seven, of the revised statutes, en- P ealed - 
titled " elections, " approved March third, 1845, shall be, and the 
same is hereby, repealed ; and such sections of said acts as are not 
herein repealed, shall remain in full force and effect. 

This act shall take effect and be in force from and after its pas- 
sage. 

Approved February 12, 1849. 



AN ACT to revive a part of a certain act therein named. In force Jan. 

2, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 

represented in the general assem'ly, That sections one, two, three, 

r> " ^ ■ /»•■! Sections re-en* 

four, and five of an act entitled "an act concerning water crafts found ac t e d. 

adrift, lost goods, and estray animals, 1 ' approved January thirty-first, 
one thousand eight hundred and twenty-seven, and in force June 
first, one thousand eight hundred and thirty-three, be, and the same 
are hereby, revised and revived, as well as all other parts of said 
act which applies to lost goods. 

§ 2. The act which is hereby revived shall apply to certain prop- Act to apply, 
erty which was placed in the possession and custody of Bradly 
Rust, a justice of the peace of Monroe county; and no action shall 
be maintained against said Rust, for proceeding in the disposition 
of said property in accordance with the act hereby revised, the 
same as though said act had been in force at the time said proper- 
ty was placed in his possession. This act to be in force from and 
after its passage. 

This bill having been laid before ths council of revision, and ten secretary's 
days not having intervened before the adjournment of the general 
assemblv, and said bill not having been returned, with the objection of 
the council on the first day of the present session of the general 
assembly, the same has become a law. 

H. S. COOLEY, Secretary of State. 

January 2, 1849. 



76 FEES AND SALARIES. 

In force AN ACT to provide for the publication of estray notices. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That section ten, chapter thir- 
«tesfenate ty-nine, of the revised statutes of this stale be, and the same is 
herebv, so amended as to require the publication of estray notices 
in some public newspaper to be designated by the governor; and 
the publisher of said newspaper, so designated, is hereby made 
subject to all (he requirements provided in said chapter in re- 
gard to the public printer. 

Approved February 12, 1849. 



paper. 



In force AN ACT to amend the act entitled "fees and salaries," chap. 41 Revised Statutes. 

Dec. 3, 1848. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the salaries, fees, and com- 
pensation of the several persons hereinafter named, shall be as 
follows : 
Salaries of state To the governor, per annum, fifteen hundred dollars ; to the sec- 
onders, retary of state, exclusive of fees, per annum, eight hundred dol- 
lars; to the auditor of public accounts, exclusive of clerk hire, per 
annum, one thousand dollars; to the treasurer, per annum, eight 
hundred dollars ; to each of the judges of the supreme court, per 
annum, twelve hundred dollars ; lo each of the judges of the circuit 
court, one thousand dollars per annum; to each of the state's attor- 
neys, per annum, two hundred and fifty dollars. All of which sala- 
ries shall be paid to the persons entitled thereto in quarter yearly 
instalments, on the warrant of the auditor, out of any moneys in 
the treasury not otherwise appropriated. 

MEMBERS OF THE GENERAL ASSEMELY. 

Pay of members § 2. There shall be allowed to the speaker of the senate and 
of legislature, house f representatives, respectively, per day. three dollars ; to 
each member of the senate and house of representatives, per day, 
two dollars, for the first forty-two days' attendance, and one dollar 
per day for each day's attendance thereafter; to each speaker and 
member, for every mile necessary travel in going to and returning 
from the place of session, ten cents ; to the secretary of the senate 
and principal clerk of the house of representatives, respectively, 
three dollars per day ; to the assistant secretary of the senate 
and assistant clerk of the house of representatives, respectively, 
three dollars per day ; to the engrossing and enrolling clerk of the 
senate and house of representatives, respectively, three dollars per 
day, and to each of the assistant engrossing and enrolling clerks, 
three dollars per day ; the number of days to be certified by the 
principal; to the sergeant-at-arms of the senate and doorkeeper 
of the house of representatives, respectively, three dollars per day; 
to the assistant sergeant-at-arms of the senate, and assistant door- 
keeper of the house of representatives, respectively, three dollars 
per day ; to the copyist of the journals of the senate and house of 
representatives, each, three dollars per day. 



FEES AND SALARIES. 



77 






And the said compensation, when due to the officers and mem- How certified, 
bers of the senate as aforesaid, 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 representatives shall 
be certified by the principal clerk thereof, and that of the clerk 
by the speaker ; which said certificate, when made out as afore- 
said, 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 entitled as aforesaid, to 
be paid out of any moneys in the treasury not otherwise appro- 
priated. 

INCIDENTAL EXPENSES. 

§ 3. The incidental expenses of the offices of the auditor of incidental ex- 
public accounts, state treasurer, and secretary of state, shall in- penses. 
elude postage on all public papers sent by mail, to or from said 
officers, relative to the business thereof, furniture for the same, the 
necessary fuel, and all such books, blanks, and other stationery, as 
shall be considered necessary for the convenient transaction of bu- 
siness in said departments, respectively. 

§ 4. For the purpose of defraying the incidental expenses afore- vouchers, &c. 
said, it shall be the duty of said officers, respectively, from time to 
time, as said expenses may be incurred, to lay proper vouchers for 
the same before the governor, whose duty it shall be, if such ac- 
counts appear to be reasonable, to allow the same, and to certify 
the amount thereof to the auditor, who shall thereupon be required 
to issue his warrant for the same to the person entitled thereto, to 
be paid out of any moneys in the treasury not otherwise appro- 
priated. 

FEES OF SECRETARY STATE. 

§ 5. For copies or exemplification of records, for every one Fees of secreta- 
hundred words, fifteen cents; for affixing seal, with certificate of ryof state, 
authentication, one dollar; for copy of any law, for every one hun- 
dred words, fifteen cents; for official certificate without seal, when 
not required for public use, twenty-five cents ; Provided, that he 
shall in no case be entitled to any fees whatever where any servi- 
ces are performed for the state, in the discharge of the duties of 
his office, nor for copying laws, memorials, or resolutions. 

FEES OF CLERKS OF THE SUPREME COURT. 

§ 6. For each writ of error and seal, with supersedeas, fifty Fees of clerk of 
cents ; for each writ of error, without supersedeas, fifty cents ; for supreme court 
each bond, when not furnished by the party, twenty-rive cents ; for 
filing each paper, excepting records and papers on appeals and 
writs of error, five cents ; for filing each record and accompanying 
papers, on appeals and writs of error as returned by the inferior 
courts, fifteen cents ; for docketing each cause, ten cents ; for en- 
tering each rule or order of court, each entry being considered as 
one order, twenty-five cents ; for issuing execution, twenty-five 
cents ; for docketing same, ten cents ; for entering sheriff's return 



-g FEES AND SALARIES. 

on same, ten cents ; for each subpoena and seal, twenty-five cents 5 
for each scire facias, mandamus, or other special writ, and sealing 
same, for every one hundred words, ten cents ; for bringing any 
particular record into court of a suit, matter, or thing, not before 
the court, twenty ctnts; for entering every judgment or decree, 
for every one hundred words, ten cents ; for making complete re- 
cord, when directed by the party, for every one hundred words, 
ten cents ; for copy of record, or other proceedings, and sealing 
same if required, for every one hundred words, ten cents ; for en- 
tering each continuance from one term to another, ten cents ; for 
each official certificate and seal, other than process of the court, 
twenty-five cents ; for each official certificate without seal, twenty 
cents ; for entering attorney on the roll, administering oath, and 
certifying to the same, one dollar; for making bill of costs for ex- 
ecution, and recording the same in the costs or fee book, twenty- 
five cents ; for copy of the same, when required by either party., 
twenty-five cents ; for administering each oath, five cents. 

clerk's fees in the circuit court. 

Fees of clerk of ^ 7. p or g^^ ca pi aSj summons, subpoena, or other process not 
herein expressly named, and sealing the same, thirty-five cents ; 
Provided, that only one subpoena shall be charged for every four 
witnesses, unless actually made out on request, in writing; for 
filing each paper in the progress of a suit, and appertaining to the 
same, excepting papers on appeals from justices of the peace, five 
cents; for filing papers on appeals from justices of the peace, 
taking appeal bond and issuing supersedeas thereon, fifty cents ; 
taking bond for costs, ten cents ; for filing and opening each depo- 
sition, five cents ; for entering each suit on the docket for trial, ten 
cents ; for entering each order or rule of court for continuance, de- 
fault to plead, or any order actually entered in the progress of a 
suit, and counting the whole entry for one, twenty cents; for each 
discontinuance, retracsit or non-suit, twenty cents ; for each dedi- 
mus to take depositions, fifty cents ; for bringing any particular 
record into court, of a suit, matter, or thing not properly be- 
fore the court, ten cents ; for calling and swearing each jury, 
fifteen cents ; for swearing each witness in court, five cents ; 
for swearing any person to an affidavit, and filing the same, ten 
cents ; for receiving and entering the verdict of a jury, ten cents; 
for entering each final judgment in a case, twenty-five cents ; and 
for entering each decree in chancery, ten cents for every one hun- 
dred words ; for issuing each writ of habeas corpus, certiorari, or 
procedendo, forty cents ; for assessing the damages on any bond, note, 
or other instrument, for the payment of money, by order of court, 
and making a report thereof in writing, and filing said report, 
twenty cents ; for entering special bail of record in each case, 
twenty cents ; for making a list of jurors when requested, ten 
cents ; for swearing a constable to take charge of a jury, five cents; 
for issuing an execution, forty cents ; for docketing the same, ten 
cents ; for entering the sheriff's return on each execution, ten 
cents ; for entering satisfaction of judgment, fifteen cents ; for en- 
tering the report of commissioners or referees, or the award of 
arbitrators, and all other special entries, for every one hundred 
words, ten cents ; for each certificate and seal, other than the pro- 
cess of the court, thirty-five cents; -for taking bond in case of 



FEES AND SALARIES. 7 J) 

attachment, forty cents ; for taking injunction bond in chancery, 
forty cents ; for taking bond in cases of appeal to the supreme 
court, fifty cents; for entering appearance of attorney, but once in 
each cause, ten cents; for entering plaintiff's or defendant's ap- 
pearance, but once in each cause, live cents ; for each attachment 
for a witness or other person, twenty- five cents ; for each venire 
facias, or jury warrant, when actually made out, thirty cents ; for 
making bill of costs for each execution, and entering the same 
of record in the fee book, being one charge, thirty cents ; for a 
copy of the same, when requested by either party, twenty cents ; 
for making a complete record of proceedings and judgment, when 
directed by the court, for every one hundred words, ten cents ; for 
making copy of bill, answer, declaration, pleadings, judgment, or 
other proceedings, for every one hundred words, ten cents ; for 
certifying and sealing the same, when required in writing, twenty- 
five cents ; for each commission, scire facias, or other special writ 
or process, and sealing the same, fur every hundred words, ten 
cents ; for taking depositions when requested, and certifying to the 
same, for every hundred words, ten cents ; for taking acknowledg- 
ment of deed, power of attorney, or other writing, and certifying 
or sealing the same, twenty-five cents ; for making entry of record 
of naturalisation, and for copy thereof, or for either, for every hun- 
dred words, ten cents ; lor taking each recognizance in court, and 
entering the same of record, thirty cents ; for arraigning a prisoner 
at the bar, twenty-five cents; for entering judgment of conviction, 
twenty-five cents ; for copy of an indictment, when requested, for 
every hundred words, fifteen cents ; for entering the discharge of 
a recognizance, ten cents ; for a copy of the list of grand or petit 
jurors, when requested, in a criminal cause, twenty-five cents ; for 
swearing jurors, witnesses, and all other persons, the same fees 
shall be allowed as in civil cases ; and in all criminal cases, where 
the defendant shall be acquitted, or otherwise legally discharged, 
without payment of costs, the clerk shall receive such compensa- 
tion as the county court shall order, not exceeding twenty-five dol- 
lars per annum; for filing the declaration of intention of becoming 
a citizen, five cents ; for swearing the applicant to declaration, ten 
cents ; for certifying declaration under seal of court, twenty-five 
cents ; for filing papers in cases of application for naturalisation, 
each, ten cents ; administering any oath, five cents ; for recording 
all deeds, mortgages, or other instruments of writing, for every one 
hundred words, eight cents ; and it shall not be necessary for a 
certificate to be made by the recorder, of the recording a deed or 
other writing, but an endorsement on the writing recorded, of the 
book and page in which the same is recorded, and the date of re- 
cording the same, signed by the clerk, shall be deemed sufficient 
evidence of the recording thereof, and for which no lees shall be 
chargeable; for copies of records, the same fees as for recording; 
for entering each tract of land named in the deed, above five, in 
the entry book, five cents, and the entry book in the respective 
offices of the recorder shall belong to the public. 

FEES OF THE CLERKS OF THE COUNTY COURTS. 

§ 8. For taking proof of any will or testament, and endorsing Fees of clerk oi 
certificate of probate thereon, including all services relating there- county court. 



gQ FEES AND SALARIES. 

to, thirty-five cents ; for recording last will and testament, for 
every one hundred words, ten cents ; for issuing letters of admin- 
istration, or letters testamentary, and affixing seal thereto, and re- 
cording same, seventy-five cents; for taking bond of an executor 
or administrator, and administering oath, fifty cents ; for each cita- 
tion, twenty cents ; for taking and filing renunciation of widow, or 
next of kin, fifteen cents ; for taking proo 1 ' of codicil, when proved 
separately, and endorsing certificate of probate thereon, including 
all service relating thereto, fifty cents ; for recording the same, for 
every one hundred words, ten cents ; for entering the settlement 
of executors or administrators on the order book, for every one 
hundred words, figures included, ten cents ; for copy of settlement, 
with certificate and seal, for every hundred words, ten cents : for 
copies or exemplifications of records and papers, for every one 
hundred words, ten cents ; for official certificate and seal, other 
than to process, and for which no fee is allowed by law, twenty- 
five cents ; for each summons, subpoena, or other writ or process 
of court, and sealing the same, and for which no other fee is allow- 
ed, twenty-five cents ; for administering oath to each witness in 
court, five cents ; for swearing any person to an affidavit, and filing 
the same, ten cents ; for entering each judgment, order, or decree, 
except orders allowing claims against estates, and counting the 
Proviso. whole entry as one, twenty cents ; Provided, that no charge shall 

be made for allowing claims against estates, except for swearing to 
and filing affidavit, unless the claim be litigated as other suits ; for 
issuing each execution, forty cents ; for docketing same, ten cents ; 
for entering sheriff 's return on same, ten cents ; for making bill of 
costs for each execution, and recording the same, being one charge, 
twenty cents ; for filing each paper belonging to the settlement of 
estates, or suit pending, five cents ; for appraisment bills, sale 
bills, and all other exhibits and writings, (except wills and codi- 
cils,) when ordered to be recorded by the court, (and not other- 
wise,) for every thirty words, figures inclusive, two cents ; for 
issuing letters of guardianship, and recording the same, thirty cents; 
for taking bond of guardian, or for taking any bond not hereinbefore 
specified, and filing the same, twenty-five cents ; for calling and 
swearing each jury, fifteen cents ; for writing indenture, to be paid 
by master, fifty cents ; for each license, and taking bond for ferry, 
toll-bridge, turnpike road, tavern, grocery, or pedler, one dollar; 
for each marriage license, fifty cents ; for recording marriage cer- 
tificate, ten cents ; each copy of rates for ferry, toll-bridge, or turn- 
pike road, twenty-five cents ; for each writ of ad qvod damnum^ 
fifty cents ; for taking depositions, and certifying to the same, for 
every one hundred words, ten cents ; for taking and certifying the 
acknowledgment of a deed, power of attorney, or other writing, 
and sealing same, twenty-five cents ; for taking proof in case of 
estrays, and granting certificate of the same, twenty-five cents ; 
for registering each certificate transmitted to him by a justice of 
the peace, in cases of estrays, ten cents ; for advertisements in 
such cases, including the copy for newspaper publication, fifty 
cents ; trying and sealing weights and measures, by county stand- 
ard, fifteen cents ; for keeping a regular account current with each 
and every administrator, executor or guardian, to be kept in a well 
bound book furnished for that purpose, one dollar. 



FEES AND SALARIES. g] 

FEES OF STATE ATTORNEYS. 

§ 9. For each conviction in a criminal cause, where llie crime Attorneys* fees 
is infamous, and the offender subject to corporal punishment, ten 
dollars ; for each conviction, where the crime is not infamous, and 
the defendant is subject to tine or imprisonment only, live dollars. 

FEES OF THE SUCCESSFUL PARTY AT LAW. 

§ 10. There shall be allowed to the successful party in each Fees of party at 
civil action in the circuit and supreme courts, the following docket Uw - 
fees, to wit : In each suit in which the title to lands shall come 
in question, two dollars and fifty cents ; in each suit where the 
title to lands does not come in question, one dollar and twenty- 
live cents ; in each chancery suit, two dollars and fifty cents. No 
docket fee shall be allowed or charged, where final judgment or 
decree shall be for costs only, nor where the case shall be decided 
without empannelling a jury, except in divorce cases. 

The above i'ees shall be taxed in the bill of costs against the un- 
successful party, whether plaintiff or defendant; Provided, that 
not more than one docket fee shall be charged and taxed against the 
same person, in any one cause, in the same court. 

sheriff's fees. 

§ 11. For serving a writ or summons on eacli defendant, fifty sheriffs' fees, 
cents; for taking special bail, twenty-rive cents; for serving a 
subpcena, on each witness, twenty- five cents; for summoning a 
jury, (grand jury excepted) each case, fifty cents; for advertising 
property for sale, twenty-five cents ; for returning each writ, or 
other process, ten cents ; mileage, lor each mile of necessary travel 
to serve any such writ or process as aforesaid, calculating from the 
place of holding the court to the place of residence of the defendant 
or witness, or place of service, for going only, five cents ; for calling 
the jury in each case, ten cents ; for levying an execution, fifty cents; 
for serving and returning a scire facias to revive a judgment, to fore- 
close a mortgage, or against bail, sixty cents ; for committing each 
prisoner to jail, thirty-live cents ; for discharging each person from 
jail, thirty-five cents ; for dieting each prisoner, per day, thirty-five 
cents; for attending before a judge with a prisoner, on a writ of 
habeas corpus, one dollar; for each mile of necessary travel, in 
taking such prisoner before the judge as aforesaid, ten cents; for 
serving a writ of possession, with the aid of the posse comifulus, 
two dollars ; for serving the same, without such aid, one dollar ; 
mileage in eiiher case, for each mile of necessary travel, from the 
place of holding court to the place where such writ is served, for 
going only, five cents ; for executing a writ of ad quod damnum, 
atten ling the inquest, and returning the writ with the verdict of 
the jury, two dollars ; for summoning a jury in the case of forcible 
entry and detainer, and attending the trial, two dollars ; for attend- 
ing the circuit and county courts, to be allowed and paid out of the 
county treasurer, [treasury] per day, one dollar; for executing 
and acknowledging a deed, on sale of real estate, one dollar; for 
making certificate of sale previous to execution of deed, twenty- 
five cents ; for taking a replevin, or forthcoming bond, fifty cents ; 
( F ) 



82 



FEES AND SALARIES. 



for taking each bail bond, or recognizance, in a criminal cause, when 
required by law, fifty cenls ; for executing cnpios on a defendant, in 
a criminal cause where the offence is infamous, one dollar ; for exe- 
cuting a capias, where the offence is not infamous, fifty cents ; mile- 
age, for each mile of necessary travel from the place of holding court 
to the place of making the arrest, five cents ; for serving a decla- 
ration in ejectment, on each defendant, and making affidavit of ser- 
vice, sixty cents ; mileage, for each mile of necessary travel from 
the place of holding court to the place of residence of the defend- 
ant, five cents; for conveying each prisoner from his own county 
to the jail of a foreign county, per mile, for going only, (en cents ; 
for committing each prisoner to jail under the laws of the United 
States, to be paid by the marshal or other person requiring his con- 
finement, thirty-five cenls; for dieting such prisoner, per day, 
thirty-five cents ; for each month's use of the jail, during the con- 
finement of such prisoner, to be advanced as aforesaid, and paid 
into the county treasury, fifty cents; for discharging such prisoner, 
thirty-five cents. 

In addition to the above fees, there shall be allowed to the seve- 
ral .»hpriffs in this state, a commission of three per centum on all 
sales of real and personal estate, which shall be made by virtue of 
any execution issued in pursuance of law, or any decree of a court 
of chancery, where the money arising from such sales shall not ex- 
ceed the sum of two hundred dollars ; but in all cases where the 
amount of any such sale shall exceed that sum, a commission of 
one and a half per cent, on the excess only shall be allowed ; Pro- 
vided, that in all cases where the execution shall be settled by (he 
parlies, replevied, stopped by injunction, or paid, or where the 
properly levied upon shall not actually be sold, the sheriff shall be 
allowed fifty cents for levying, and five cents per mile for going to 
and returning from the place of execution and sale, together with 
half the commission on all money collected by him which he would 
be entitled to if the same was made by sale on execution. And no 
other fees or compensation whatever shall be allowed on any execu- 
tion, except the necessary expenses for keeping perishable property, 
to be ascertained and allowed by the court out of which the same 
shall have issued. In all cases where any of (he sheriffs of this 
state shall be required by law 1o execute any sentence of punish- 
ment other (ban imprisonment, for which no fee is alb wed ly this 
act, it shall be the duly of the county court of (he proper county 
to allow a reasonable compensation for (he same, (o be paid out of 
the county treasury. It shall be the duly of each sheriff entitled 
to mileage under this act to endorse on each writ, summons, sub- 
poena, or other process that he may execute, (he distance he may 
travel (o execute the same, ascertaining the distance and the charge 
properly allowable therefor, in conformity v\ it h (lie foregoing regu- 
lations. In all criminal cases, where the defendant shall 1 e ac- 
quitted, or otherwise legally discharged without payment of costs, 
the sheriff shall not be allowed any fees ; but (he county shall an- 
nually allow (he sheriff such compensation for ex officio services, 
not exceeding thirty dollars, as said court shall deem right. 






FEES AND SALARIES. Q* 

witnesses' FEES. 

§ 12. Every witness attending in his own county on trial, per witnesses- 
day, fifty cents ; tor attending in a foreign county, goin<j and return- fees * 
ing, per day, accounting twenty miles ibr each day's travel, fifty 
cents ; every witness, when attending for the purpose of having 
his deposition taken, per day, fifty cents ; Provided, that no allow- 
ance or charge shall be made for the attendance of witnesses afore- 
said, unless the witness shall make affidavit of the number of days 
he or she actually attended ; and that such attendance was at the 
instance of one or both of the parties or his or her or their 
attorney. 

§ 13. In all criminal causes the venue of which shall be changed 
from the circuit court of the county in which indictment is found, 
the witnesses subpoened, or attending court, having been recognised 
at the instance of the people who shall attend the circuit court to 
which the venue of said cause may be changed, shall be entitled 
to the same fees now allowed by law to witnesses attending from 
foreign counties in civil causes. 

§ 14. Every witness so attending may make affidavit before the Affidavit re- 
court to which said venue may have been changed, of the number <i uired - 
of days he or she may have attended such court as a witness on 
said trial, and the number of miles he or she may have and will 
have to travel in going to and returning from the place of holding 
said court; and the said clerk shall thereupon tax the fees of such 
witnesses, and grant him or her a certificate thereof. And upon Certificates, 
the presentation of said certificate by the said witness to the clerk 
of the county court of the county from whence the venue of said 
cause may have been changed, the said clerk shall draw an order 
upon the treasurer of said county, in favor of the said witness, for 
such sum of money as he may be entitled to by virtue of said cer- 
tificate ; which said order shall be paid by the treasurer, out of any 
money in the county treasury not otherwise appropriated by law 't 
Providzd. that nothing herein contained shall be so construed as to 
repeal the law now in force authorising witnesses' fees in criminal 
cases to be collected out of the estate of the defendant, in case he 
or she be convicted ; but when collected, the same shall be paid 
into the treasury of the county last named. 

§ 15. Sections from one to fourteen, inclusive, and also sections Repeating 
twenty and twenty-three of the act to which this is an amendment, clause. 
from and after the first Monday of December next, are hereby re- 
pealed ; and from and after the said day, this act shall take effect 
and be in force ; and every power conferred and duty imposed 
by the act to which this is an amendment, on the probate judges, 
probate justices, county commissioners, county commissioners' 
courts, or clerks of said courts, shall be applicable to the county 
courts, and the clerks of said courts, from and after said day. 

Approved February 12, 1849. 



g4 FENCES— FIREMEN. 

*n forca Feb. AN ACT to authorise the setting and protecting Jive fences on the sides of public 
12,1849. highways. 

To protect live Section 1. Be it enacted by the people of the stale of Illinois, 
Mc'hTAi ways' 5 " re P rescn t e d in the general assembly, That whenever any owner or 
owners, occupant or occupants, of any land or lands bordering upon 
any public road or highway, except a street or alley in a town or \ il- 
la»e through which any public road or highway may pass, may 
wish to plant any live fence along the margin of his, her or their 
lands, it shall be lawful for any such person or persons to set or 
plant any such hedge or live fences precisely on tlie line of the pub- 
lic rjad or highway, and also to set or plant on the margin of said 
road a protection fence, not to occupy more than six 1'eet of the mar- 
gin of said road, and such protection fence, when planted opposite 
any fence or hedge actually set or planted, shall be permitted by 
supervisors and all other persons to remain for the term of five 
years ; Provided, that the county court of any county may give per- 
mission to the owner or owners of any hedge or live fence to con- 
tinue any such protection for any time they may deem necessary. 
To take eject. § 4. This act to be in force from and after its passage. 
Approved February 12, 1849. 



In force AN ACT to exempt the members of the fire department in the city of Chicago 
April 13, 1849. from paying astreet or road tax. 

Section 1. Be it enaded by the people of the state of Illinois, 
represented in the general assembly, That the several persons with- 
in the city of Chicago, who are members of the tire department of 
said city, shall be, and they are hereby, exempted from working 
out any road or street tax within said city, or from paying any mon- 
ey in lieu thereof. 
- Approved February 10, 1849. 



In force AN ACT to exempt firemen in the cities of Peoria and Quincy from serving as 
April 13, 1349. jurors. 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, That hereafter every person 
who may be an acting member of an organised fire company in the 
cities of Peoria and Quincy, in the state of Illinois, shall, during 
the time that he continues such acting member, be free and exempt 
from serving as a juror in any case whatever. 

Approved February 12, 1849. 



In force AN ACT exempting members of fire companies of the city of Quincy from road la- 
Feb. 12, 1819. bor. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That all members of any fire 
company of the city of Quincy, residing in said city during the 



GOVERNOR. 



85 



time he shall remain a member of such company, and comply with 
the rules and perform the duties thereof, shall he exempt from all 
road and street labor. 

§ 2. This act shall not be construed so as to exempt any person 
from any tax upon property. This act shall take effect from and 
after its passage. 

Approved February 12, 1849. 



AN ACT to authorise the governor to pay George Steel the amount of a certain T n force 

Judgment. Aplil 13j lS4fv 

Section 1. Be it evaded by the people of the state of Illinois, Gov'nor toiry 
represented in the general assembly, That the governor of this state Judgment. 
is hereby authorised and required to pay George Steel, late con- 
tractor on sections ten and eleven of the Illinois and Michigan ca- 
nal, within Cook county, the sum of three thousand and thirty-two 
dollars and sixty-two cents, with interest on the same from the fif- 
teenth day of Uctober, 1848. 

§ 2. The said pa) ment shall be made in the same kind of funds in canal scrip, 
which have heretofore been paid to contractors for damages on the 
said canal under the act of the general assembly, approved Februa- 
ry 21, 1843, and when paid, shall be in full satisfaction of the 
judgment rendered in the Cook county court in favor of said George 
Steel. The scrip to be issued pursuant to this act shall be entitled 
to all of the pn\ ileges conferred by law upon other scrips issued for 
the like purposes. 

Approved February 10, 1849. 



AN ACT to authorise tho governor to issue canal indebtedness to James H. Col- In force 

lins and Hugh T. Dickey. Amil 13> 13id 

Section 1. Be it enacted by the people of the slate of Illinois, rep- Governor au- 
resenizd in the general assembly, That the governor be authorised to thorised to is- 
issue canal indebtedness to James H. Co lins and Hugh T. Dickey, deUeSs.™' 
for the use and benefit of John T. Roberts, David L. Roberts and 
the representatives of John Bracker, deceased, for the sum of ten 
thousand three hundred and eighty-iive dollars and thirty-six cents, 
being the balance of the award made by Silas W. Sherman, Peter 
Page, and James L. Loop, canal appraisers, in the matter of the 
application of John Bracker, together with the interest thereon 
from the first day of August, one thousand eight hundred and Jorty- 
three. Said canal indebtedness to be of the same character and 
description as that heretofore issued to contractors in like cases. 

§ 2. That the governor be, and he is hereby, authorised to issue To pay apprain- 
and pay in canal indebtedness, as aforesaid, the sum of twenty-five ers ' 
dollars to each of said appraisers, as a compensation for appraising 
said damages. 

.Approved February 10, 1849. 



86 



INCORPORATIONS. 



In force 
April 13, 1S49. 

How to organ- 
ise. 



To be a body 
•olitic 



Vowet to fill 
vacancies. 



To hold prop- 
erty. 



I>uty of trus- 
tees. 



Bj case of do 
nation or be 
4uest. 



AN ACT for the incorporation of institutions of learning. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That any five or more persons 
being desirous of associating themselves ibr the purpose of estab- 
lishing an institution of learning, may make, sign and acknowledge 
before any officer authorised to take ihe acknowledgment of deeds 
in this state, and file in the office of the secretary of slate, and al- 
so in the office of the recorder of the county in which said institu- 
tion is to be established, a certificate or declaration in writing, in 
which shall be stated the name or title by which such institu- 
tion shall be known to law, the number ol trustees, directors or 
managers, and their names, the particular branches of literature and 
science, or either of them, proposed to be taught, and if said insti- 
tution is to be of the rank of a college or university, the number 
and designation of the professorships to be established. 

§ 2. Upon filing the said certificate as aforesaM, the person who 
shall have signed and acknowledged the same, and their successors, 
shall, by virtue of the provisions of this act, be a body politic and 
corporate, by the name and style stated in such certificate, and by 
that name and style shall have perpetual succession, with power to 
sue and be sued, pleaded and be impleaded, tu acquire, hold and 
convey property in all lawful wavs, to have and use a common seal, 
and the same to alter and change at pleasure, to make and alter from 
time to lime such by-laws, not inconsistent with the constitution of 
this state and of the United States, as they may deem necessary for 
the government of said institution, and to confer upon such per- 
sons as may be considered worthy t>uch academical or honorary 
degrees as are usually conferred by similar institutions. 

§ 3. Any corporation so formed as aforesaid shall have power 
to fill such vacancies in their own body as may happen by death, 
resignation or otherwise, and shall hold the property of said institu- 
tion solely for the purposes of education, and not for the individual 
benefit of themselves or of any contributor to the endowment of 
the same. 

§ 4. Any corporation formed in accordance with the provisions 
of this act shall be competent in law and equity to take to them- 
selves, in their corporate name, real, personal or mixed property, by 
gift, grant, bargain and sale, coin eyance, will, devise or bequest, of 
any person or persons whomsoever, and the same estate to grant, 
bargain, sell, convey, demisp, let, place out at any interest, or oth- 
erwise dispose of the same, for the use of said institution, in such 
manner as shall seem most beneficial thereto. 

§ 5. The trustees, directors or managers of any corporation 
formed under this act shall faithfully apply all the funds collected, 
or the proceeds of the property belonging to said institution, accor- 
ding to their best judgment, in erecting and completing suitable 
buildings, supporting necessary officers, instructors and servants, 
and procuring books, maps, charts, globes and philosophical, chem- 
ical and other apparatus necessary to the success of said institution. 

§ 6. In case any donation, device or bequest shall be made for 
particular purposes accordant with the designs of the institution so 
established as aforesaid, and the corporation shall accept the same, 
such donation, devise or bequest shall be applied in conformity with 
the express conditions of the donor or devisor. 



i 






INCORPORATIONS. g7 

§ 7. No corporation established as aforesaid shall be allowed to To hold oni } 
hold more than one thousand acres of land at any one time, unless one thousand 
4i • i i 11 i i »u u :i-« < acres of land, 

the said corporation shut have received the same by gilt, grant, or 

devise, and in such case, such corporation shall be required to sell 
or dispose of the same within ten years from the time the title there- 
to is acquired; and on failure so to dispose of the same, said land, 
over and above one thousand acres, shall revert to the original do- 
nor, grantor, devisor, or their heirs. 

§ 8. Corporations formed under this act shall have power to em- To appoint a 
ploy and appoint a president or principal ior each institution, and P unc, P 
all such professors or servants as m ly be necessary, and shall have 
power to displace any of them as the interest of the institution re- 
quires; to fill vacancies which may happen by death, resignation or 
otherwise, among said officers or servants, and to prescribe and di- 
rect the course of studies to be pursued in said institution. 

§ 9. Any corporation so established as aforesaid may require Treasurer to 
the treasurer of said institution, and all other agents thereof, before 
entering upon the duties of their appointment, to give bonds for the 
security of said corporation in such sums and with such sureties as 
shall be deemed proper and sufficient. 

§ 10. All process against any corporation established under this Process, 
act shall be by summons, and the service of the same shall be by 
leaving an attested copy thereof with the president or treasurer, at 
least sixty days before the return clay thereof. 

§ 11. It shall be the duty of the trustees of any institution crea- Duty of trus- 
ted under this act, or a majority of them, o' 1 or before the first Mon- tees * 
day of January in each year, to file in the office of secretary of 
state, and in the recorder's office of the county where the original 
certificate is filed, a statement of the trustees and officers of said in- 
stitution, with an inventory of its property and liabilities, the num- 
ber of students, and such other information as will exhibit its con- 
dition and operations. 

§ 12. In case any corporation created under this act shall at any Forfeiture of 
time violate or fail to comply with any of the foregoing provisions, ri = ts " 
upon complaint being made to the circuit court of the county in 
which the same is situated, a writ of scire facias shall issue, and 
the circuit attorney shall prosecute in behalf of the people, for a for- 
feiture of all rights and privileges secured by this act to such cor- 
poration. 

Approved January 26, 1849. 



AN ACT to authorise the formation of corporations for manufacturing, agri- j„ f orcc 

cultural, mining, or mechanical purposes. Aoril 13 184* 

Section 1. Be it enacted by ihe peop/e of fhe stale of Illinois, persons may 
represented in ihe general assembly, That at any time hereafter, any form a corn- 
three or more persons who may desire to form a company for the '' aDS " 
purpose of carrying on any kind of manufacturing, agricultural, 
mining, or mechanical business, may make, sign, and acknowledge, 
before some officer competent to take the acknowledgment of deeds, p owe , f C on»- 
and file in the' office of the clerk in the county in which the busi- panj. 



8S 



INCORPORATIONS. 



To be a body 
politic & cor- 
porate. 



Business, how 
managed. 



Elections to be 
by ballot. 



In case of fail- 
ure to elect 
trustees. 



Shall be presi- 
dent. 



To sive bond. 



ness of the company shall be carried on, and a duplicate thereof in 
the office of the secretary of stale, a certificate in writing, in which 
shall be stated the corporate name of the said company, and the 
objects for which said company shall be formed, the amount of cap- 
ital stock of said company, the term of its existence not to exceed 

years, the number of shares of which the said stock shall 

consist, the number of trustees and their names, who shall manage 
the concerns of said company for the first year, and the name of 
the town and county in which the operations of said company are 
to be carried on. 

§ 2. When the certificate shall have been filed as aforesaid, the 
persons who shall have signed and acknowledged the same, and 
their successors, shall be a body politic and corpoiate, in fact and 
in name, by the name stated in such certificate; and by that name 
have succession, and be capable of suing and being sued in any 
court of law or equity in this state; and they and their successors 
may have a common seal, and make and alter the same at pleasure; 
and they shall, by their corporate name, be capable in law of pur- 
chasing, holding, and conveying any real or personal estate what- 
ever, which may be necessary to enable the said company to carry 
on their operations named in such certificate, but shall not mort- 
gage the same, or give any lien thereon. 

§ 3. The stock, property, and concerns of such company shall 
be managed by not less than three nor more than nine trustees^ 
who shall respectively be stockholders, and a majority of whom shall 
be citizens of this state, who shall, except fur the first year, be 
annually elected by the stockholders, at such time and place as shall 
be determined by the by-laws of the company ; and public notice 
of the time and place of holding such election shall be published, 
not less than thirty days previous thereto, in the newspaper printed 
nearest to the place where the operations of the said company shall 
be carried on ; and the election shall be made by such of the stock- 
holders as shall attend for that purpose, either in person cr by 
proxy. All elections shall be by ballot, and each stockholder shall 
be entitled to as many votes as he owns shares of stock in said 
company, and the persons receiving the greatest number of votes 
shall be trustees ; and when any vacancy shall happen among the 
trustees, by death, resignation, or otherwise, it shall be filled for 
the remainder of the year in such manner as may be provided for 
by the by-laws of the said company. 

§ 4. In case it shall happen at any time that an election of trus- 
tees shall not be made on the day designated by the by-laws of said 
company, when it ought to have been made, the company for ihat 
reason shall not be dissolved, but it shall be lawful on any other 
day to hold an election for trustees, in such manner as shall be 
provided for by the said by-laws, and all acts of trustees shall be 
valid and binding as against said company 3 until their successors 
shall be elected. 

§ 5. There shall be a president of the company, who shall be 
designated from the number of the trustees, and also such subor- 
dinate officers as the company by its by-laws may designate, who 
may be elected or appointed, and required to gi\e such security for 
the faithful performance of the duties of their office as the company 
by its by-laws may require. 



INCORPORATIONS. §9 

§ 6. It shall be lawful for the trustees to call in and demand rower of trus- 

froin the stockholders, respectively, all Mich sums of money by lces t0 , caU in 

' r J . . , • l payments, 

them subscribed, at such times and in such payments or instal- 
ments as the trustees [shall] deem proper, under the penalty of 
forfeiting the Glares of stock subscribed for, and all previous pay- 
ments made thereon, if payment shall not be made by the stock- 
holders within sixty days alter a personal demand or a notice re- 
quiring such payment shall have been published fir six successive 
weeks, in the newspaper nearest to the place where the business 
of the company shall be carried on as aforesaid. 

§ 7. The trustees of such company shall have power to make Piudential pro- 
such prudential by-laws as they shall deem proper lor the manage- 
ment and disposition of the stock and business affairs of such com- 
pany, not inconsistent with the constitution and laws of this state, 
and prescribing the duties ol officers, artificers, and serxants that 
may be emploved, for the appointment of all officers, and for car- 
rying on all kinds of business within the objects and purposes of 
such company. 

§ 8. The stock of such company shall be deemed personal es- stock personal 
tate, and shall be transferable in such manner as shall be pre- eslate - 
scribed by the by-laws of the company ; but no shares --hall be 
transferable until all previous calls thereon shall have been fully 
paid in, or shall have been declared forfeited for the non-payment 
of calls thereon; and it shall not be lawful lor such company to 
use any of their funds in the purchase of any stock in any other 
corporation. 

§ 9. The copy of any certificate of incorporation, filed in pur- Legal evidence, 
suance of this act, certified by the county clerk or his deputy, to 
be a true copy, and of the wnole of such certificate, shall be re- 
ceived in all courts and places as presumptive legal evidence of the 
facts therein stated. 

§ 10. All the stockholders of every company incorporated under stockholders 
this act shall be severally individually liable to the creditors of liable. 
the company in which thej are stockholders, to an amount equal to 
the amount of stock held by them respectively, for all debts and 
contracts made by such company, until the whole amount of capi- 
tal stock fixed and limited by such company shall have been paid 
in, and a certificate thereof shall have been made and recorded as 
is prescribed in the following section ; and the capital stock, so 
fixed and limited shall all be paid in, one-half withir. one year, and 
the other half thereof within two years from the incorporation of 
said company, or such corporation shall be dissolved. 

§ 11. The president and a majority of the trustees, within thirty Duty of presi- 
days after the payment of the last instalment ol' the capital stock dent and trus- 
so fixed and limited by the company, shall make a certificate stating 
the amount of the capital so fixed and paid in ; which certificate 
shall be signed and sworn to by the president and a majority of the 
trustees; and they shall, within the said thirty days, record the 
same in the office of the county clerk of the count v wherein the 
business of said company is carried on. ^ 

§ 12. Every such companv shall annually, within twenty days To report, and 
from the first of January, make a report, which shall be published publi:,h £ame - 
in the newspaper published nearest the place where the business 
ol said company is carried on, which shall state the amount of 
capital, and of the proportion actually paid, and the amount of its 



•Q0 INCORPORATIONS. 

existing debts ; which report shall be signed by the president and 
a majority of the trustees, and shall be verified by the oath of the 
president or secretary of said company, and tiled in the office of the 
clerk of the county where the business of the company shall be 
carried on; and if any of said companies shall fail so to do, all the 
trustees of the company shall be jointly and severally liable for all 
the debts of the company then existing, and for all that shall be 
contracted before such report shall be made. 
No dividend in § ] .{. If the trustees of any such company shall declare and 
case of iasol- p a y an y t |i v j c [ en( ] when the company is insolvent, or any divi- 
dend the payment of which would render it insolvent, or which 
would diminish the amount of its capital stock, they shall be jointly 
and severally liable for all the debts of the company then existing, 
and lor all that shall be thereafter contracted, while they shall re- 
Proviso, speciively continue in office; Provided, that if any of the trustees 
shall object to the declaring of such dividend, or to the payment 
of the same, and shall, at any time before the time tixed for the 
payment thereof, lile a certificate of their objection in wriiing with 
the secretary of the company and m iih the clerk of the county, 
they shall be exempt from the said liability. 
Nothing but § 14. Nothing but money shall be considered as payment of any 
stockholders f P art of t ' le ca P' tli ^ stock, and no loan of money shall be made by 
any such company to any stockholder therein; and if any such 
loan shall be made to a stockholder, the officers who shall make it, 
P cers ty ° f ° m " or wlw SUlll! assent thereto, shall be jointly and severally liable to 
the extent ol such loan and interest, for all the debts of the com- 
pany contracted while they are stockholders or officers thereof, 
stockholders § 15. If any certificate or report made, or public notice given, 
liable for a by the officers of any company, in pursuance of the provisions of 
p ' this act, should be false in any material representation, all the offi- 
cers who shall have signed the same, knowing it to be false, shall 
be jointly and severally liable for all the debts of the company, 
contracted while they are stockholders or officers thereof. 
Kxec'rs, guar- § lb". No person holding stock in any such company, as execu- 
tions, andce»- tor administrator, guardian, or trustee, and no person holding such 

tui qif, trust ' o ' ' 11 i . V- 

not personally stock as collateral security, shall be personally subject to any ha- 
liableon stock bJlity as stockholder of such company; but the person pledging 
such stock shall be considered as holding the same, and shall be 
liable as a stockholder accordingly, and the estate and funds in the 
hands of such executor, administrator, guardian, or trustee, shall 
be liable in like manner and to the same extent as the testator or 
intestate, or the ward or person interested in such trust fund would 
have been, if he had been living and competent to act, and held 
the stock in his own name. 
Who may vote § 17 Every such executor, administrator, guardian, or trustee, 
erSt shall represent the stock in his hands at all meetings of the com- 

pany, and may vole accordingly as a stockholder, and every person 
wh > shall pledge his stock as aforesaid, may, nevertheless, repre- 
sent the same at all such meetings, and may vote accordingly as a 
stockholder. 
Liability of § 18. The stockholders of any company organised under the 

stockholders, provisions of this act shall jointly, severally, and individually be 
liable for all debts that may be due and owing to all their laborers, 
servants, and apprentices, for services performed for such corpo- 
ration. 



INCORPORATIONS. 9 J 

§ 19. Any corporation or company heretofore formed, by special other compa- 
act or under the general law, and now existing for any manufac- j?^ m t a y * ^j£ 
taring, agricultural, mining, or mechanical purposes, or any com- i aw . 
pany which may be formed under this act, may increase or dimin- 
ish its capital stock by complying with the provisions of this act, 
to any amount which may be deemed sufficient and proper for the 
pui poses of the corporation, and may also extend its business to 
any other manufacturing, mining, or mechanical business, subject 
to the provisions and liabilities of this act. But before any corpo- conditions, 
ration shall be entitled to diminish the amount of its capital stock, 
if the amount of its debts and liabilities shall exceed the amount of 
the capital to which it is proposed to be reduced, such amount of 
debts and liabilities shall be satisfied and reduced so as not to ex- 
ceed such diminished amount of capital ; and any existing company 
heretofore formed may come under and avail itself <>f the privi- 
leges and provisions of this act, by complying with the following 
provisions, and thereupon such company, its officers and stock- 
holders, shall be subject to all the restrictions, duties, and liabili- 
ties of this act. 

§ 20. Whenever any company shall desire to call a meeting of Proceedings in 
the stockholders, for the purpose of availing itself of the privileges deMhis'act. 
and provisions of this act, or for increasing or diminishing the 
amount of its capital stock, or for extending or changing its busi- 
ness, it shall be the duty of the trustees or directors to publish a 
notice, signed by a majority of them, in the nearest newspaper, (in 
the county, if there be one published therein,) at least three suc- 
cessive weeks, and to deposite a notice thereof in the po*t office, 
addressed to each stockholder at his usual place of residence, at 
least three weeks previous to the day fixed upon for holding such 
meeting, specifying the object of the meeting, and the time and 
place when and where such meeting shall be held ; and a vote of 
at least two-thirds of all the shares of stock shall be necessary to 
an increase or diminution of the amount of its capital stock, or the 
extension or change of its business as aforesaid, or to enable a com- 
pany to avail itself of th<; provisions of this act. 

§ 21. If at any time and place specified in the notice provided ^JjJJj"*^* ° f 
for in the preceding section, stockholders shall appear by proxy or be represent- 
in person, representing not less than two-thirds of all the shares ed. 
of stock of the corporation, they shall organise and proceed to a 
vote of those present, in person or by proxy ; and if, on canvass- 
ing the votes, it shall appear that a sufficient number of voles are 
in favor of increasing or diminishing the amount of capital, or ex- 
tending or changing its business as aforesaid, or for availing itself 
of the privileges and provisions of this act, a certificate of the pro- 
ceedings, showing a compliance with the provisions of this act, the 
amount of capital actually paid in the business to which it is 
extended or changed, the whole amount of debts and liabilities 
of the company, and the amount to which the capital stock shall 
be increased or diminished, shall be made out, signed and verified 
by the affidavit of the chairman, and be countersigned by the sec- 
retary ; and such certificate shall be acknowledged by the chair- 
man, and filed as required by the first section of this act, and when 
so filed the capital stock of such corporation shall be increased or 
diminished to the amount specified in such certificate, and the bu- 
siness extended or changed as aforesaid, and the company shall be 



92 INCORPORATIONS. 

entitled to the privileges and provisions and be subject to the lia- 
bilities of this act. 
Liability in case § 22. If the indebtedness of any company organised under this 
indebtedness act s hall at any time exceed the amount of its capital stock, the 

GXCPG'lS 3111 t * 

capitaistock. trustees of such company assenting thereto shall be personally and 
individually liable for such excess to the creditors of the company, 
stockholders § 23. No stockholder shall be personally liable lor (he payment 

personally ha- f anv debt contracted by any company formed under this act, 
' which is not paid within one year from the time the debt becomes 
due, unless a suit, for the collection of such debt, shall be brought 
against such company, within one year after the debt became due; ' 
and no suit shall be brought against any stockholder who shall 
cease to be a stockholder in any such company, for any debt con- 
tracted by said company, unless the same shall be commenced 
within two years from (he time he shall have ceased to be a stock- 
holder, nor until an execution against the company shall ha\e been 
returned unsatisfied in whole or in part. 
Duty of trus- ^ 24. It shall be the duty of the trustees of every corporation 

" , formed under this act, to cause a book to be kept by the treasurer 
Keep books. . „, ,. ' . . . ,, «• U i . 

or secretary thereol, containing the names ot all persons, alpha- 
betically arranged, who are or shall, within six years, have been 
stockholders of such company, and showing their place of resi- 
dence, the numbers of shares of stock held by them respectively, 
the time when they became owners of such shares, and the amount 
of stock actually paid in ; which book shall, during the usual busi- 
ness hours of the day, on every business day, be open for inspecV 
tion of stockholders and creditors of the company, and their per- 
sonal representatives, at the office or principal place of business 
of such company, in the county where its business operations shall 
Access to bo ks ^ e ] oc;a ted; and any and every such stockholder, creditor, or repre- 

of company. ' J J ' ' r 

sentative, shall have a right to make extracts from such book ; and 
stock? r ° no transfer of stock shall be valid for any purposes whatsoever ex- 
cept to render the person to whom it shall be transferred liable for 
the debts of the company, according to the provisions of this act, 
until it shall have been entered therein, as required by this section, 
by an entry showing to and from whom transferred. Such book 
shall be presumptive evidence of the facts therein stated, in favor 
of the plaintiff, in any suit or proceeding against such company, or 
against any one or more stockholders. Every officer or agent of 
such company who shall neglect to make any proper entry in such 
book, or shall refuse or neglect to exhibit the same, or to allow the 
same to be inspected, and extracts to be taken therefrom, as here- 

Officer guilty of inbefore provided, shall be deemed guilty of a misdemeanor, and 
misdemeanor, the company shall forfeit and pay to the party injured a penalty of 
fifty dollars for any such neglect or refusal, and all damages re- 
sulting therefrom; and every company that shall neglect to keep 
such book open for inspection as aforesaid, shall forfeit to the peo- 

Penalty. p| e th e surn j" fifty dollars for every day it shall so neglect, to be 

sued for and recovered in the name of the people, in the circuit 
court of the county in which the business of such corporation shall 

Fine, how ai- De located ; and when so recovered the amount shall be paid into 
propriated. the treasury of such county, for the use thereof. 

Legislative may § 25. The legislature may at any time alter, amend, or repeal 
alter, amend, this act, saving and preserving all rights which may become vested ! 
or rep . under the same, and may amend or repeal any incorporation formed ] 



INSANE. AND DEAF AND DUMB. 



93 



or created under this act, for any violation of the provisions of this 
act, or any act amendatory of the same; but such amendment or re- 
peal shall not, nor shall the dissolution of any company formed Repeal not to 
under this act, take away or impair any remedy given against any l. l " pa " ri s hts 
such corporation, its stockholders or officers, lor any liability which 
shall have been previously incurred. 
Approved February 10, 1849. 



AN ACT in relation to the State Hospital for the Insane, end the Deaf and Dumb 

Asylum. In force 

Feb. 3, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, „, . , . 

, , . ,, , J tl J r V ( , ./ . , . J ■ I T ax extended 

represented in the general assembly, ihat the special tax required for insane 

to be assessed and collected by the act to establish the Illinois Hos- hospital. 

pital for the Insane, for three years, shall be assessed and collected 

for one year in addition to the said three years, and the proceeds of 

the tax for four years shall be applied to the erection of buildings 

and improvement of grounds. Hereafter the report of the trustees R e ,, or t f t rus . 

of said hospital shall be made on or before the second Monday of tees. 

each session of the general "assembly, and the money appropriated 

shall be paid to the said trustees, notwithstanding their failure to 

report on the first day of the present session of the general assem- 

bly. 

§ 2. The term of office of the president and directors of the Deaf c ea r and dumb 

ind Dumb Asylum shall be, and it is hereby, limited to two years, asylum, term 

The directors now in offire shall continue in office until the govern- office of di- 

, ... \ i ■ e i i li rectors &.trus- 

)r, by and with the advice and consent of the senate, shall appoint tees. 

jthers. And it shall be the duty of the governor, by and with the Governor to an 

idvice and consent of the senate, immediately after the passage of point. 

his act, to appoint twelve directors for said institution, and after 

which appointment the number of directors shall be twelve, ex- 

lusive of the principal, who shall continue to be a member of the 

>oar I, ex ojficio. And the governor shall biennially hereafter, by Ev'ry two years 

md with the advice and consent of the senate as aforesaid, appoint 

vvelve directors for said institution, and the board of directors shall 

lave the power, from time to time, to fill vacancies that may hapr 

»en by death, resignation, or otherwise, in their own body, between 

he biennial appointments made by the governor. The board or- 

anised under the provisions of this act shall have all the powers, 

ct under the same responsibilities, and perform the duties of the 

>resent board. The name of the institution shall be changed to Name of the in- 

he "Illinois Institution for the education of the deaf and dumb." stitution. 

§ 3. All the deaf and dumb residing in t his state, of suitable age Deaf and dumb 

nd capacity to receive instruction, shall be admitted into and en- citizens to be 

oy the benefits of said institution without charge. received. 

I§ 4. The board shall hereafter meet annually, (in addition to oth- Meefgof board 
r necessary meetings) at the institution, not exceeding five days 
efore the termination of the academic year. 
§ 5. That to defray the ordinary expenses of the institution for Amount appro- 
ve year one thousand eight hundred and forty-nine, the sum of priated. 
ve thousand three hundred and sixty-seven dollars and fifty cents 



94 LAWS. 

is hereby appropriated to the institution for the education of the 
deal" and dumb, payable out of any money in the treasury not oth- 
erwise appropriated ; and in addition to the appropriations already 
provided lor, the sum of five thousand three hundred and sixty- sev- 
en dollars and fifty cents is hereby appropriated for the year one 
thousand eight hundred and fifty, payable on the iirst of January of 
that year, out of any money in the treasury not otherwise appro- 
Directors to priated. The directors are required to pay all the debts of the in- 
paj ail ebts. gtitutipn during the next two years, out of any money payable du- 
ring that period, and they are expressly prohibited from borrowing 
money under any pretext whatever. 
To purchase §6. The following amounts are hereby appropriated, and shall 

land. jj e paid to the said president and directors, out of any money in the 

treasury not otherwise appropriated, for the purposes specified, 
viz : for the purchase of twenty acres of land adjoining the land 
now owned by the institution, sixteen hundred dollars ; 

__.'.,. , For the building of work-shops, and purchase of lumber to be 
To build work- . . . „.. b . , , , \ ' ^ 

shopsandout- used therein, lilteen hundred dollars; • 

buildings. For building a smoke-house, wood-house, and two porches, six 

hundred dollars ; for supplying such indigent deaf and dumb pu- 
pils as may be destitute in that respect, with clothing, three hun- 
dred dollars. 
$10,000 appro- § 7. That to enable the said president and directors to erect an 
priated to en- additional building, so as to accommodate the increased number of 
arge ui mgs p U pj| g expected to be received, the sum of five thousand dollars is 
appropriated, payable on the first of October, one thousand eight 
hundred and forty-nine, and five thousand dollars payable on the 
first of July, one thousand eight hundred and fifty, out of any mon- 
ey in the treasury not otherwise appropriated. 

This act shall be in force from and alter the passage thereof. 
Approved February 3, 1849. 



AN ACT in relation to a certain took, entitled «A cr rrjilaticn of all the general 
laws concerning real estate and the title thcieto in the state of Illii;( is, ii tkdirg 
In force a11 sucn laws as lela,e <0 descents, limitations., judgments, and executions, jar- \ 

April 13 1849. titions, dower, conveyance, and icvenue, ficm (he oigaiisathn of the govern- . 
ment of the territory north-west of the Ohio to the preterit tin e ; ly N. H. Fur- 
pie, late one of the justices of the supreme couit of ihe state of Illinois; De» 
cember, 1848." 

Secretary state Section 1. Be it enacted ly the people of the state of Illinois? 

torec. books. rZ pesented j n f/ ie general assembly, That upon the delivery to him 

of two hundred and fifty copies of the work in the title of this act 

mentioned, the secretary of state idiall give to N. H. Purple, the 

^1" compiler of the same, or to his order, a certificate that the said 

number of copies of said work has been so delivered. 

Auditor to pay. § 2. That on the presentation of the said certificate to (he audi- 
tor of public accounts, he shall draw his warrant on the treasurer 
for such stun as the said two hundred and fifty volumes shall amount 
to, at the price for which the said books shall be sold to individ- 
viduals ; Provided, the same shall not exceed three dollars per j 
volume. 



LAWS. 



95 



§ 3. The secretary of state shall distribute the said books in the Bork s ,howdis- 
manner following, to wit : one copy to each of the judges of the tlibuted « 
supreme and circuit courts of this stale, one copy to each of the 
state's attorneys, one copy to each clerk of each cuurt of record in 
this state, one copy to each county judge, mid one copy to each 
executive officer of this state, who is required to keep his office at 
the seat of government; and shall also deliver five copies to each 
clerk of each division of the supreme court of this state, lor the 
use of the said court; and the residue of the said five [three] hun- 
dred copies, he shall retain in his office for the use o! the state. 

§ 4. The secretary may give his certificate, and thereupon the Mav P a y f0T 
auditor may draw his warrant on the treasurer lor any number of as'received. 
copies less than five [three] hundred, as fast as the same may be 
delivered at and for the price above mentioned. 

§ 5. The several acts and parts of acts compiled and copied in Contents of 
said book, shall be deemed and taken in all courts of justice in this books declared 
state prima facie evidence of what the law was at the several dence.° 
times when by the dates therein contained they purport to have been 
passed, and for the period of time which by the dates therein con- 
tained they purport to have continued unrepealed ; unless it shall 
be made to appear that some error has been committed in the date 
or compilation of the said acts, or some one of them ; and in case an 
error or errors as aforesaid shall be made to appear in some one or 
more of the said act or acts as aforesaid, the same shall in no way 
affect as evidence the residue of the said work. 

Approved February 10, 1849. 



AN ACT to provide for copying and distributing the laws and journals, and for j n force 

other pui poses. Feb. 12, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, secretary state 

represented in the general assembly, That it shall be the duty of the *° ajvertis e 

■* ^ ■» ■ for i)roi>osuis» 

secretary of state, within five days after the passage of this act, to 

cause an advertisement to be published in each of the newspapers 

firinted in the city of Springfield, inviting proposals for copying the 
aws and joint resolutions of the present general assembly ; said 
proposals to be delivered to the secretary of slate withia ten days 
after the date of the first advertisement, which shall designate the 
time and place of opening proposals ; and the said proposals shall 
embrace the copying of the laws of the present general assembly, To cory i aW5> 
and be accompanied by a specimen of the hand-writing (of at least journals, &o. 
ten lines in quantity) of the person proposing to do said copying, 
and shall also contain the names of two persons offered as security 
for the faithful performance of said contract. The person entering 
into contract for said copying shall be required to return said laws, 
within thirty days after the adjournment of the legislature, togeth- 
er with the copies of the same, properly arranged, to the secretary 
of state, whose duty it shall be to file the originals in his office, 
and furnish said copies to the printer. 

§ 2. At the time designated in said advertisement, the secretary to open prop©, 
of state shall open the proposals received by him, in the presence sals. 
of such persons as may desire to witness the same, and shall give 



96 



LAWS. 



the contract to the lowest competent responsible bidder, who shall 
be required, within two days al'ler. the opening of said proposals, 
to tile a good and sufficient bond, with security, to be approved by 
the governor, in the sum of one thousand dollars, for the faithful 
performance of said contract. 

Adrertisement § 3. VVithin thirty days previous to the meeting of any future 

for copying general assemble, the secretary of state shall cause an advertise- 

iegislature. iner it to be published in at least six of the newspapers printed in 
this state, inviting proposals for copying the laws, joint resolutions, 
and journals, of the general assembly. Tne advertisement shall 
be published at least three weeks, and designate the time and place 
when proposals will be examined; said proposals to be delivered 
to the secretary of state within twenty days from the date of the 
first advertisement. Proposals shall be examined, and the contract 
given in the manner and form prescribed in the second section of 
this act, and shall state specifically the price at which it is proposed 
to do said copying of the laws, journals, and joint resolutions ; 
which price shall not exceed the sum of twenty cents for each and 
every one hundred words. 
Furnish book § 4. The secretary of state shall be required to furnish a well 

oMeriskiture bo-umd book, in which the journals shall be copied ; and shall also 
furnish the stationery necessarily used in copying the laws. In 
case the person contracting for said copying shall fail to comply 
with his contract, by neglect to enter into bond within the time pre- 
scribed, the secretary of state shall cause the same to be done by 
some competent person, who shall receive for his services a com- 
pensation not exceeding the sum of twenty cents for each and ev- 
ery one hundred words. 
Advertisement § 5. Within twenty days after the adjournment of the present 

lor distnbu- or an y j u t, ure session of the general assembly, the secretary of state 
shall cause an advertisement to be published in six. of the newspa- 
pers printed in this state, inviting proposals for distributing the 
laws, journals, and reports, and any other matter that the legisla- 
ture shall designate, to the several counties in this state. Said dis- 
tribution to be in districts of not less than ten counties each, to be 
designated in said advertisement, and in such manner, and within 
such time, as shall be therein specified. Said advertisement to be 
published at least three weeks, and to name the time and place 
* .where said proposals will be opened and decided upon. 
To open propb- § t). At the time and place specified in said advertisement, the 

sals, &.c. secretary of state shall open the proposals filed in his office for the 

distribution aforesaid, in the presence of all persons who may de- 
sire to witness the same, and shall give said contracts to the lowest 
competent responsible bidder; who shall, within three days there- 
after, tile a good and sufficient bond, with satisfactory security to 
be approved by the governor, for the faithful performance of said 
contract. In case of failure to enter into a bond as aforesaid, or to 
perform said contract, the secretary of state shall cause the laws, 
journals, and reports to be distributed by some competent person. 
The compensation for distributing the laws, journals, and reports 
shall in no case exceed the sum heretofore allowed by the state for 
similar services. 
To advertise § 7. It shall be the duty of the secretary of state, on or before 

for fuel. thg f Jrs (- jjy f J u ly in each year, to cause an advertisement to be 

published in the newspapers published in Springfield, for propo- 



LAWS. 



97 



sals for furnishing the necessary fuel for the use of the state du- 
ring the next ensuing winter ; the quantity and quality of the 
same to be designated in said advertisement ; and at the time and 
place specified, said proposals shall be opened in public, and the 
contract be given to the lowest responsible bidder or bidders, who 
shall, within two days, enter into bond, with satisfactory security, 
for the prompt and faithful delivery of said fuel, according to the 
terms of the contract. In case of failure to comply with said con- 
tract, the secretary of state shall cause said fuel to be supplied 
without delay ; Provided, that in no case shall there be allowed a 
higher price tor said fuel, per cord, than has heretofore been paid 
by the state. 

§ 8. It shall be the duty of the secretary of state, within six To adv'tise for 
months previous to the meeting of any future general assembly, to stationery for 
cause an advertisement to be published in three of the newspapers " t ^f e> egls * 
printed in this state, and in one of the newspapers printed in St. 
Louis, New York and Boston, for proposals to furnish all station- 
ery necessary for the use of the general assembly, and the several 
departments of state ; the articles of the stationery to be designated 
in said advertisements ; and the proposals to be accompanied by 
specimens of the articles proposed to be furnished, with the price 
charged for each article. All of said articles shall be delivered at 
the office of the secretary of state, in Springfield, at a time to be 
specified in said advertisement; the advertisement to be published 
not less than three weeks, and to designate the time and place of 
opening and examining said proposals. On the day named in the 
said advertisement, the secretary of state shall open the proposals 
in public, and contract with the lowest responsible bidder or bid- 
ders for the prompt delivery of all the articles of stationery neces- 
sary for the use of the state. A good and sufficient bond, for the 
faithful performance of the contract, shall be filed in the office of 
the secretary of state within three days after the proposals shall 
have been decided upon. In case of failure to deliver said articles 
of stationery according to the terms of the contract, and of the 
quality of the specimens accompanying the proposals, the secre- 
tary of state shall cause the same to be furnished and paid for 
as formerly; Provided, that the prices allowed for any of the arti- 
cles enumerated in said advertisement shall in no case exceed the 
prices which have been heretofore paid by the state for similar ar- 
ticles furnished for the use of the general assembly. 

§ 9. The binding of the laws, journals and reports of the gen- 
eral assembly shall be given out. by contract, to the lowest respon- p^ for binding 
sible bidder, at the time and in the manner and form prescribed in laws, &c. &c. 
the eighty-fourth chapter of the revised statutes. Said binding 
shall be done at prices not exceeding those now allowed by law. 

§ 10. In case of failure to file proposals under the provisions 
of this act, or in case any person or persons entering into contract m case of fail- 
shall fail to comply faithfully and promptly with the terms of said ure > secretary 
contract and proposals, it shall be the duty of the secretary of state S j^f t0 5 m ~ 
to cause the articles to be supplied, or the services performed with- nish'same- 
out unnecessary delay, as nearly as possible within the time and in 
the manner prescribed by law, and at prices not exceeding those * 
specified in this act. And when said articles are delivered, or the 
services completed, to the satisfaction of the secretary of state, he 

(«) 



98 



INTEREST— LIBRARY. 



shall certify the amount due the persons furnishing or performing 
the same. Upon the presentation of such certificate, approved by 
the governor, the auditor of public accounts shall draw his warrant 
upon the treasurer for the amount due said person or persons as 
certified as aforesaid. All advertisements for proposals of any 
kind shall be paid for out of the public treasury, upon the warrant 
of the auditor of public accounts. 

This act to take effect from and after its passage. 

Approved February 12, 1849. 



!a force Janu- 
ary 30, 1849. 

Int'st allowed. 



On money loan- 
ed. 



AN ACT to amend the interest laws of this state. 

Section 1. Be it enacted by the people of the stale of Illinois,, 
represented in the general assembly, That from and after the pas- 
sage of this act, money may be loaned at such rate of interest, not 
exceeding ten per cent, per annum on each hundred dollars, as the 
parties may agree upon; any thing in the laws of this state to the 
contrary notwithstanding. 

§ 2. In the trial of any action brought upon a promissory note 
or writing obligatory in any ot the courts of this state, wherein is 
reserved a higher rate of interest than six per cent, per annum, it 
shall be lawful for the defendant, to set up and plead, as a defence 
in any such suit, that the consideration of said note or writing 
obligatory, upon which such suit is brought, was not "money 
loaned," upon which issue it shall be lawful for the debtor, the 
creditor being alive, to become a witness, and his testimony shall 
be received as evidence ; and the creditor, if he shall offer his tes- 
timony, shall be received as a witness, together with any other 
legal evidence that may be introduced by either party; and if upon the 
trial of the said issue it shall be found that the said note or writing 
obligatory, upon which such suit is brought, was not given for mo- 
ney loaned, then the said court shall render judgment for the prin- 
cipal sum in the said promissory note or waiting obligatory, and six. 
per cent, interest thereon. 

Aeproved Janary 30, 1849. 



In force 
April 13, 1849'. 



AN ACT to increase the state library. 

Section 1. Beit enacted by the people of the state of Illinois, 
represented in the general assembly, That the sum of five hundred 
dollars is hereby appropriated, to be expended under the direction 
of the justices of the supreme court, in the purchase of books for 
the supreme court, at the seat of government. 

Approved February 8, 1849. 



LIBERTY— LIGHT-HOUSES. 



99 



AN ACT for the security of personal liberty. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That all public officers, sheriffs, 
coroners, jailors, constables, or other officers or persons having the 
custody of any person committed, imprisoned, or restrained of his lib- 
erty, for any alleged cause whatever, shall, except in cases of immi- 
nent danger ol'escape, admit any practising attorney at law of this 
state, whom such person so restrained of his liberty may desire to see 
or consult, to see and consult such person so imprisoned, alone and 
in private, at the jail or other place of custody; and when any such 
prisoner is about to be removed beyond the limits of this state, by 
any person or public officer, under any pretence whatever, he or 
she shall at all times be entitled to reasonable delay for the pur- 
pose of obtaining counsel, and of availing himself or herself of the 
laws of this state, for the security of personal liberty. 

§ 2. If any public officer or other person aforesaid shall violate 
the provisions of this act, he shall, for every such offence, forfeit 
and pay to the person aggrieved one hundred dollars, to be recov- 
ered by action of debt in any court of competent jurisdiction. 

§ 3. This act to take effect from and after it passage. 

Approved February 12, 1849. 



In force 
Feb. 12, 1849. 



AN ACT to cede jurisdiction to the United States over lands to be occupied in force 

as sites of light-houses within this state. April 13, 184* 

Section 1. Be it enacted by the people of the state of Illinois, Jurisdictiomec- 
represenied in the general assembly, That jurisdiction is hereby ce- e * 
ded to the United States over so much land as may be necessary 
for the construction and maintenance of light-houses within this 
state, not to exceed ten acres of land for each ; the same to be se- 
lected by an authorised officer of the United States, approved by 
the governor, and the boundaries of the land selected, with such 
approval endorsed thereon, and a map thereof being tiled in the 
office of the secretary of state of this state, and by him recorded ; condition. 
Provided, always, and the assent aforesaid is granted upon this 
express condition, that this state shall retain a concurrent ju- 
risdiction with the United States in and over the several tracts 
aforesaid, so far as that all civil and such criminal process as may 
issue under authority of this state, against any person or persons 
charged with crimes committed without the bounds of said tract, 
may be executed therein in the same manner as though this assent 
had not been granted. 

§ 2. That the foregoing shall be applicable only to such land as Survey to t* 
shall be selected and approved as aforesaid, and a survey thereof file ^ ® nd **" 
filed and recorded as above provided, for the construction of the . 
following light-houses, to wit — at Chicago, at Littlefort, at the 
mouth of the Calumet river, in Cook county. 

Approved January 11, 1849. 



100 



OFFICERS. 



In force AN ACT to legalise the acts of certain officers therein named. 

Jan. 25, 1849. 

Preamble. Whereas, it appears from the certificate of William Preston, 

clerk of the county commissioners' court in and for the county of 
Stephenson, and state of Illinois, that John Howe was duly elected 
a probate justice of the peace in and for the county of Stephenson, 
on the second day of August, a. d. 1847, and that Isaac Bectol and 
Philip Fowler, Julius Smith and James J. Rodgers were elected 
justices of the peace in and for said county of Stephenson, on the 
same day, to wit, on the second day of August, 1847 ; that the said 
above named persons filed their official bonds as required by law, 
and that the same were duly approved; but that the said above 
named persons did not take the oath of office respectively until 
after the expiration of twenty days from and after the date of their 
election; therefore, 

Probate justice Section 1. Be it enacted by the people of the state of Illinois, 

of Stephenson re p resen ( e( j { n (fa general assembly. That the official acts of John 

Howe, as probate justice of the peace in and for the county of 

Stephenson, and of Isaac Bectol, Philip Fowler, Julius Smith, and 

James J. Rodgers, respectively, as justices of the peace in and for 

Acts legalised, the county aforesaid, are hereby rendered and declared as legal in 
all respects as though the said persons had severally taken and 
subscribed the oaths of office required of them by law, within the 
space of twenty days from and after the date of their election, and 
that the said persons are hereby declared duly qualified to serve in 
the various offices to which they have been respectively elected. 
§ 2. This act to take effect from and after its passage. 
Approved January 25, 1849. 



In force AN ACT authorising the resignation of certain officers. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That any executor or executrix, 
administrator or administratrix, or guardian testamentary, or by ap- 
pointment of a probate court, may resign in writing, to the probate 
court having settlement or adjustment of his, her, or their accounts, 
his, her, or their office or offices; and when such resignation is ac- 
cepted by such court, the person or persons so resigning shall be 
discharged from the further exercise of his, her, or their office or 
offices ; Provided, always, that the acceptance of such resignation 
shall be by a written order of said court, and shall not be construed 
to exonerate any executor or executrix, administrator or adminis- 
tratrix, or guardian, or his, her, or their executors, from liabilities 
incurred previous to such acceptance; and no such resignation 
shall be accepted until such administrator or administratrix, execu- 
tor or executrix, or guardian, shall have given notice of such inten- 
tion by publication, as required in cases of final settlement, and shall 
make and render a complete settlement of all matters in his hands 
as such administrator or administratrix, executor or executrix, or 
guardian, up to the time of his or her resignation, and shall deliver 
into court all evidences of property, papers, money, and choses in 
action, in his or her hands. 

Approved February 10, 1849. 



PENITENTIARY. 101 

AN ACT to provide for improvements to the penitentiary. In force 

Feb. 8, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, inspectors to 
represented in the general assembly, That it shall be the duty of in- pulc 
spectors ot' the penitentiary in this state to proceed, as soon as 
practicable, to purchase in the name of the people of the state, a 
certain tract of land, consisting of five lots in Alton, lying on the 
north side of Wall street and on the west side of William street, 
being originally a portion of the penitentiary grounds, being num- 
bered lots forty-five, forty-six, forty-seven, forty-eight, and forty- 
nine, as per plat of Alton ; Provided, said inspectors shall not pay 
over the sum of two thousand two hundred dollars for said lots of 
land. 

§ 2. The said inspectors shall take and have properly executed Take deed, 
and recorded a deed in favor of the state of Illinois, in fee simple, 
for said lots when purchased as aforesaid. 

§ 3. Said inspectors shall have power, and are hereby author- To sell lots, 
ised, to sell and dispose of, to the highest and best bidder, for cash 
or on credit, as they deem proper, the gore or tract of land lying 
on the south side ut' Second or Short street, being a part of the 
wharfage ground belonging to said penitentiary ; Provided, the 
same shall not be sold for less than the value set upon it by the 
said inspectors. The governor is hereby authorised to make out a 
patent to the purchaser or purchasers thereof, upon being satisfied 
from the certificate of the said inspectors, or a majority thereof, of 
the paymentof the money as agreed upon. 

§ 4. Be it further enacted, That the inspectors of the prison be To contract for 
authorised, and the same are hereby authorised, to contract with buildm s waU - 
the present warden for the erection of a wall, commencing at the 
north-east corner of the penitentiary yard, running north one hun- 
dred and sixty-three feet, thence west three hundred and thirty feet, 
thence south one hundred and sixty-three feet, to the north-west cor- 
ner of aforesaid yard ; the said wall to be thirty feet high and three and 
a half J'eet thick on an average, lattering from bottom to the top, the 
foundation of which shall be sunk three feet below the level of the 
grade ot [the] prison yard, and securely bound together by regular 
bands running through said wall, and thoroughly grouted, so as to 
make it permanent and secure. The said wall shall be examined by 
three competent mechanics, whose decision shall be in accordance 
with this act; and if said appraisers shall decide that said wall is 
not in accordance with this act, then they shall state the amount 
which shall be deducted from the price as allowed by this act. 

§ 5. Be it further enacted, That the inspectors be, and the same Price of same. 
are hereby, authorised to pay for the above named wall the sum 
of one dollar and twenty-five cents for every perch, to be paid out 
of rent of prison ; and if said appraisers shall estimate the work 
below the sum named in this act, then such amount of apprais- 
ment shall be allowed, and no more. 

§ 6. Be it further enacted, That the inspectors be, and the same Appropriation 
are hereby, authorised to pay the sum of one hundred and fifty for wail in 
dollars to the warden of the prison, for the building a wall in front r ° # p " s * 
of the prison, three hundred and thirty feet long, five high, and 
two thick — which shall be a good, firm wall ; the same to be paid 
out of the rents of prison. 

§ 7. Be it further enacted, That the inspectors be, and are here- Lease to be ex- 
by, authorised to extend the lease until the improvements contem- tended * 



102 



PRACTICE— PRE-EMPTIONS. 



plated in this act shall be paid for ; Provided, nevertheless, that the 
time of lease shall not extend over one year beyond the present 
lease. 

Duty of inspec- §8. Be it further enacted, That should the lease be extended 
tors * the above named one year, the inspectors shall be, and are hereby, 

authorised to pay the balance in their hands to the contingent ex- 
penses as the condition of the prison may require. 

Governor to ap- § 9. fi e \i further enacted, That the governor be, and hereby is, 

pom c ap am. au fl| or j se( ] t appoint some suitable person as chaplain, who shall 
be paid from rents of said prison, as is now provided for by law. 

rmty of chap- § 10. Be it further enacted, That the chaplain shall not pass any 
letters, or other communication, to or from the prison, without the 
advice or consent of the warden of the prison. 

§11. Be it further enacted, That this act be in full force and 
effect from and after its passage. 
Approved February 8, 1849. 



lain. 



In force AN ACT amendatory to the practice act. 

April 13, 1849. 

Section 1. Be it enacted by the people of the stale of Illinois, re- 
presented in the general assembly, That in all actions of replevin, and 
in all actions which have been or may be commenced to perfect a 
distress for rent in any of the courts of this state, when the de- 
fendant or defendants shall have left the state, or cannot be found, 
they shall have further notice, by advertisement, as provided in 
section eight, of chapter twenty-one of the revised laws of the 
state of Illinois, of a. d. 1845; and, after such advertisement, the 
court shall proceed to act in the premises as though the parties 
had been duly served with summons, or had been notified by their 
proper names; and in all cases of appeal from the judgment of a 
justice of the peace, where summons and alias summons have been 
duly issued against the appellee, and returned without being duly 
served, it shall be lawful for the circuit court to proceed and try 
said appeal as if the said appellee had been duly served with 
process. 

Approved February 10, 1849. 



In force Feb. AN ACT granting certain pre-emptions therein named. 

12,1849. 

Preamble. Whereas, in March, 1846, Stephen Dexter, of Cook county, in 

the state of Illinois, entered and settled upon the north-west quar- 
ter of section thirty, (30) in township forty-two (42) north, of range 
ten (10) east of the third principal meridian, in said Cook county; 
and whereas, Ebenezer W. Covey, of said Cook county, in Octo- 
ber, 1846, entered and settled upon the west half of the south-east 
quarter of section thirty, (30) in township forty-two (42) north, 
range ten (10) east, in said Cook county, and on the east half of 



PRE-EMPTIONS. JQJJ 

the south-west quarter of the same section, township, and range ; 
and whareis, at the time of the settlement aforesaid, said Dexter 
and said Covey supposed said lands were United States govern- 
ment lands ; and whereas, they have respectively made valuable 
improvements on said lands since their said settlement ; and where- 
as, further, John Nilson, of Iroquois county, in said state, did, in 
the year 1S3 1, enter in the Danville land office, lot number five, of 
the north-west quarter of section three, (3 ) in township twenty- 
live (23) north, of ransje twelve (12) west, containing eighty . 
acres; also the north half of lot four, (4) of the north-west quar- 
ter of i he same section last aforesaid, in the township last afore- 
said, containing forty acres; also the south half of lot four, (4) of 
the north-west quarter of the same section, in the same town and i 
range last aforesaid ; also the east half of lot six, (6) of the same sec- 
tion, in the same town and range last aforesaid, all in said Iro- 
quois county, on which lands have since been made valuable improve- 
ments by said Nilson; and whereas, the said Nilson at the time 
of his said settlement and improvement, supposed said lands were 
United States government lands ; and whereas, all the said lands 
above described have been acquired by and now belong to the state 
of Illinois ; and whereas, the west half of the north-west quarter 
of section eleven, (11) in township thirty-five (35) north of range 
ten (10) east, in Will county, in said state, was canal land, but is 
not included in the deed of cession to the board of trustees of the 
Illinois and Michigan canal, and has been occupied for many years 
by Robert Stevens, of said Will county, by whom valuable im- 
provements have been made thereon; therefore, 

Section 1. Be it enacted by the people of the state of Illinois, Pre-emj.tio».\ 

represented in the general assembly, That a pre-emption right be, g ranted bypev- 

", . . , ° , , J , ' i-i -I sens named. 

and the same is hereby, granted to the persons respectively named 

in the preamble to this act, their heirs, assigns, or legal represen- 
tatives, to purchase from the state, at the appraised value, the said 
tracts of land in the preamble mentioned ; such right to be several 
and extend in favor of each to the tracts and lots of land so settled 
on by each. 

§ 2. Whenever either of said persons, or in case of the decease Upon payment 
of either of them, the lawful representative or representatives ef dj^^tentta 
such deceased person, shall pay to the auditor of this stale, in in- issue. 
ternal improvement scrip, the value of such land so settled on by 
him, at the appraisment thereof, it shall be the duty of the gov- 
ernor of this state, on this fact of^ayment being certified to him by 
the auditor, to cause patents to be issued to said persons respec- 
tively, according to their rights aforesaid, or to the lawful heirs of 
such as miy be deceased; Provided, that this section shall not ap- 
ply to sai 1 Robert Stevens, nor to the tract of land so settled and 
improved by him. 

§ 3. Said Robert Stevens, on the payment by him to the state Robert Stevens 
trustees of the Illinois and Michigan canal of the amount at which \° aa f^ m canal 
the tract so settled and improved by him has been appraised, in 
such funds or scrip as were receivable for canal lands before the 
transfer thereof to said trustees, shall be entitled to a patent from 
the governor, on the receipt of a certificate of such payment by 



] 04 PRE-EMPTIONS— PUBLIC BUILDINGS— PUBLIC PRINTING. 

said Stevens. This act shall he construed liberally to effect the 
objects herein expressed, and shall be in force from and after its 
passage. 

Approved February 12, 1849. 



In force AN ACT to grant pre-emption to Christopher C. Venum, Robert Nilson, and 

Feb. 12, 1849. Robert Hill. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That Christopher C. Venum, 
Robert Nilson, and Robert Hill be granted the exclusive right to 
enter so much of the north-west quarter of section three, in town- 
ship twenty-five, range twelve west of the second meridian, as 
they may have purchased of the general government in error, and 
they may have the right to do so at any time that they may pay 
one dollar and twenty -five cents per acre into the state treasury. 
Then the auditor shall issue his deed for the same to the persons 
entitled thereto. 

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

Approved February 12, 1849. 



In force AN ACT * n relation to the public buildings. 

April 13, 1S-19. 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, That the commissioners ap- 
pointed under the act making appropriations for the completion of 
the slate-house, approved February 16, 1847, are hereby directed 
to cause to be built convenient and comfortable out-houses, neatly 
and substantially enclosed, at well and properly selected points at 
one or both ends of the state-house, as may be deemed of the least 
injury to the appearance of the capitol and the grounds, to be con- 
tracted for under the provisions of the above act j and so soon as 
the same may be completed, they are further directed to cause the 
sinks now in use to be entirely filled up and bricked over, so as to 
completely and permanently abolish the nuisance cansed thereby. 
And the auditor of public accounts is hereby directed to issue his 
warrant on the treasurer for tke sum required by the board to carry 
out the provisions of this act. 

Approved February 12, 1849; 



Secret 
to adv 



In force AN ACT concerning the public printing. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
ary state represented in the general assembly, That it shall be the duty of the 
vertibo. sec , etar y f s tate, within seven days after this act shall take effect, 
to cause an advertisement to be published in the newspapers printed 
at Springfield, and in some one of the papers printed at Chicago, 
Quincy, Shawneetown, and Charleston, giving notice that he will 
receive sealed proposals for executing the printing of the journals, 



PUBLIC PRINTING. |Q5 

reports, and laws, and all other printing ordered by the general as- 
sembly; said proposals to be delivered to the secretary of state 
within thirty days after the date of the first advertisement. In the 
notice required to be given, the secretary of state shall name the 
day, and between what hours, the several proposals will be opened. 

§ 2. No person, unless he be a resident of the state, shall be Contractor res- 
permitted to contract for the public printing; and the printing thus ldent of state ' 
contracted for shall be executed within the limits of this state. 

§ 3. Each bid shall specifically set forth the price or prices at Bids to specify 
which it is proposed to do and perform the printing of the laws, P ricef! - 
journals, and reports, and all other printing that may be ordered 
by the general assembly of this state, or eilher branch thereof. 
And no bid for said printing shall be received or considered un- 
less the same be accompanied by a bond, in the penal sum of ten 
thousand dollars, with a good and sufficient security, to be approved 
by the governor, for a faithful performance of said printing in a 
correct and workmanlike manner. 

§ 4. All proposals shall be delivered to the secretary of state Proposals, 
sealed, and shall not be opened until the hour of the day designated 
in his advertisement inviting bids for said printing; which opening 
of such bids shall be public, in the presence of the governor and 
auditor of public accounts ; at which time those interested in said 
bids shall be permitted to attend. Such contracts shall be given to 
the lowest responsible bidder or bidders, whose proposals are the 
most favorable to the state in all respects, having reference to his 
or their competency to do and perform the work contracted for ; 
Provided, such bids shall not, in any event, exceed the sum or sums 
allowed for public printing as specified in the eighty-fourth chap- 
ter of the revised laws, approved March 3, 1845. 

§ 5. The contracts entered into under the provisions of this act Contract, how- 
shall be so drawn as to cover all special sessions of the legislature, drawn. 
if any there should be, and extend until the close of the next bien- 
nial regular session of the general assembly ; and shall contain all 
necessary provisions to guard against and prohibit any extra com- 
pensation to the successful bidder or bidders, other than the prices 
specifically agreed to be paid by the terms of said contract. The 
contracts for printing may include the blanks, certificates, and cir- 
culars required by the several departments of the state govern- 
ment in the performance of their public duties; Provided, the sec- 
retary of state shall be authorised to receive (separate and distinct 
from other printing) bids for said blanks, certificates, and circu- 
lars ; and said bids shall be accompanied by a bond of five hundred 
dollars, to be approved by the governor, for the faithful perform- 
ance of said '.ontract. 

§ 6. The printing of the laws, journals, and reports shall be Time of print- 
completed within the time now prescribed by law ; and in case of in 8- 
failure to complete the same within such time, the contractor or 
contractors shall be liable to the penalty provided for in the twenty- 
fifty section of the eighty-fourth chapter of the revised laws : and 
the laws, journals, and reports, when printed, shall be delivered to 
the person or persons authorised to do the binding of the same, 
without any additional charge or expense to tfle state. 

§ 7. In all cases of failure of any persons making proposals under Failure to com- 
the provisions of this act to comply with the requirements of the P'y* 
law in the execution of their contract, it shall be the duty of the 



IQQ PUBLIC PRINTING. 

secretary of state to cause the same to be performed without unne- 
cessary delay, and in conformity with the public interests — the 
same to be well and faithfully performed, as nearly as possible 
within the time prescribed by law, and at prices not exceeding 
those specified in the eighty-fourth chapter of the revised laws. 

How paid. ^ q # When the printing of said laws, journals, and reports, and 

all other printing ordered by the general assembly, shall be com- 
pleted, as required by this act, the secretary of state shall certify the 
amount due the contractor or contractors who shall have performed 
the <ame ; and upon the presentation of such certificate, the auditor 
of public accounts shall draw his warrant upon the treasurer for 
the amount due said contractor or contractors, as certified as afore- 
said. 

§ 9. Until otherwise provided by law there shall be printed for 
the use of the state, and for distribution to the several counties, 
two thousand copies of the journals, two thousand copies of the 
reports, and four thousand copies of the laws of the general as- 
sembly. 

Present printer § 10. The public printer elected at the last session of the gen- 
eral assembly shall be, and he is hereby, authorised to print the 
journals, reports, and laws, and all other printing ordered by the 
present general assembly; and for the performance of said work 
he shall not receive a greater compensation than is allowed by the 
provisions of the eighty-fourth chapter of the revised laws. 
Approved February 8, 1849. 



In force AN ACT in relation to the public printing. 

April 13, 1845. 

Section 1. Be it enac/ed by the people of the state of Illinois, 
represented in the general assembly, That it shall be the duty of the 
secretary and treasurer of the state, and auditor of public accounts, 
to make out and complete their reports at least fifteen days before 
the sitting of the general assembly, and furnish the printer with a 
copy thereof, who shall print five hundred copies of each report, 
under the inspection of the officer making the same ; and when so 
printed, the same shall be delivered to the secretary of state on 
or before the first day of the session, and if the governor shall 
have prepared his message in time, he may cause three thousand 
copies to be printed in time to lay the same before the legislature 
on the first day of the session. 

§ 2. The acts passed by the present general assembly shall be 
bound in half binding, and only five hundred copies of the incor- 
poration and private acts shall be printed ; and no reports ordered 
to be printed shall be included in both the journals and reports. 

Approved February 12, 1849, 
• 



i 



QUINCY HOUSE— RECORDS. 



107 



AN ACT authorising the sale of the Quincy House property. I n f orC e 

Feb. 12, 1849. 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assemlly, That the governor of this state Gov'nor to sell 
be, and he is hereby, authorised to sell to the highest responsible uinc y ouse# 
bidder certain property now belonging to this state situated in 
the town of Quincy, in Adams county, Illinois, called and known 
3s the f -Qnincy House," together with all the ground, lots, and 
appurtenances thereunto belonging, and all the furniture and other 
personal property therein contained and connected with said house. 

§ 2. It shall be the duty of the»governor to advertise said prop- To advertise, 
erty, and to give notice of said sale, for four months successively 
previous to said sale in such newspapers in and cut of this state 
as he shall deem necessary and expedient, giving a proper descrip- 
tion of the location, situation, and condition of said property, and 
stating the terms and conditions of said sale, as hereinafter pro- 
vided. 

§ 3. Said property shall be sold for state indebtedness, to the sold for state 
highest and best bidder, to be paid in three equal instalments, the indebtedness - 
first to be paid on the day of sale, the second in twelve, and the 
third in twenty-four months thereafter. For the amount of the 
two last instalments the purchaser shall give his note, with good 
securities, to be approved by the governor, made payable to the 
governor, for the use of the people of the state of Illinois. 

§ 4. The governor shall receive written sealed bids for said Receive sealed 
property from all persons, until the first day of July, a. d. 1849, blds " 
at which time all the bids received shall be opened and compared 
by the governor, in presence of the secretary of state and treas- 
urer, who shall then declare the highest responsible bidder to be 
the purchaser of said property, who shall, upon the payment of the 
first instalment, receive a certificate of purchase, which shall enti- 
tle him or his assigns to a deed for said property upon the payment 
of the other two instalments. 

§ 5. The governor is hereby authorised, in his official capacity, Governor to 
to convey by deed, upon the payment of the whole amount of the mak e deed, 
purchase money, all the right, title, and interest which this state 
has in and to the above mentioned property, to such purchaser or 
to his heirs and assigns forever. 

§ 6. It shall be the duty of the governor to have said property Governor to 
properly insured at some responsible fire insurance company, un- cause insu " 
til the title thereto shall pass into other hands under this act; and 
the expense of such insurance shall be paid to the governor by the 
person entitled to a deed for said property at the time of the deliv- 
ery of said deed. 

This act to take effect from and after its passage. 

Approved February 12, 1849. 



AN ACT to lesalise the records of the recorder's office in Macoupin county. In force 

April 13, 1S49. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That all deeds, mortgages, and 
other instruments recorded, and all the official business transacted 



108 



RECORDS. 



by the deputy recorder, or the person acting as such, of Macoupin 
county, and state of Illinois, between the first of May, a. d. 1846, 
and the first of September, a. d. 1847, shall be legal, valid, and 
binding, as though done by the recorder in person. 
Approved January 20, 1849. 



In force 
Jan. 20, 1849. 

County com'is- 
sioners' court 
Schuyler co. to 
appoint com- 
missioners. 



To provide 
blank books. 



Duty of com- 
missioner. 



Duty of recor- 
ders. 



To make note. 



AN ACT to authorise certain records to be transcribed. 

Section 1. B j . it enacted by the people of the state of Illinois, 
represented in the general assembly, That permission be granted to 
the county commissioners' court of the county of Schuyler, or such 
court as may hereafter succeed said county commissioners' court, 
and they are hereby authorised and empowered to appoint some 
competent person as a commissioner for the purpose hereinafter 
expressed, whose appointment shall be entered upon the records 
of said court, and who, when appointed, shall take and subscribe 
an oath faithfully to perform such duties as are required by this 
act; which oath may be administered and certified by any justice of 
the peace of said county. 

§ 2. It shall be the duty of said court, when they make such 
appointment, to provide a sufficient number of blank books, sub- 
stantially bound, and suitable for recording deeds in, which books, 
when provided, shall be delivered to the aforesaid commissioner, 
who shall receipt for the same. 

§ 3. As soon as such books shall be delivered to said commis- 
sioner, he shall record in each book a copy of the order appointing 
him, and his oath of office, and proceed in due time to all recording 
offices in this state, where deeds or title papers for lands lying 
within the said county of Schuyler have been by law required or 
permitted to be recorded, or where such records may be deposited 
or kept, and shall, from the books of said offices, make out and re- 
cord in a fair and legible manner in the books furnished him for 
that purpose, all deeds and title papers to lands lying in the said 
county of Schuyler, which have been recorded in any such record- 
ing office as aforesaid; after which, said commissioner shall return 
the books so delivered to him to the recorder of the county of 
Schuyler, and the said recorder shall make a certificate of the de- 
livery of said books to him at the end of each of them. 

§ 4. It shall be the duty of all recorders and other persons who 
may have the care, custody, or control of any of the books in which 
deeds and other title papers to lands lying within the county of 
Schuyler, have been recorded, to permit said commissioner to make 
transcripts of all and every such deed and title paper, and for that 
purpose to have access to and the use of the books in which such 
deeds or title papers may be recorded. 

§ 5. The said commissioner, in transcribing the deeds and title 
papers aforesaid, shall, immediately after transcribing each deed, 
title paper, and acknowledgment, note in the said book at what 
time, in what office, book and page, the same were originally re- 
corded. 



RECORDS. 209 

§ 6. When such transcript shall be delivered to the recorder of To be consid- 
Schnyler county by said commissioner, they shall, to all intents %cord°° U8 ° 
and purposes, be considered as books of record of deeds and title 
papers for the said county of Schuyler, and copies of such tran- 
scribed deeds and title papers, certified by the recorder of Schuy- 
ler, shall be evidence in all courts in this state, in the same man- 
ner that copies of deeds regularly recorded in the recorder's office 
of said county are evidence, and with the like effect. 

§ 7. The said county court shall have power to fill any vacancy 
which may happen in the said office of commissioner. 

5 8. The recorder of Schuyler, upon the delivery of the tran- Recorder to 

.ii i p • i i . i ■ . • - j in estimate com- 

scribed records aforesaid, by the commissioner aforesaid, shall es- pensat i n. 
timate the number of deeds and other title papers which may have 
been transcribed by said commissioner as aforesaid, and shall cer- 
tify the result to [thej county court aforesaid, and said court shall 
thereupon make an order upon the treasury of the county, in favor 
of such commissioner, for his services, at and after the rate of 
twenty-five cents for each and every deed and title paper so tran- 
scribed by him as aforesaid; which said order shall be paid as other 
country orders are now required to be paid. 

§ 9. This act to take elfect from and after its passage. 

Approved January 20, 1849. 



to contract. 



AN ACT to authorise the county of Bureau to transcribe records of Putnam county. j n force 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the county commission- county com'is- 
ers' or county court of the county of Bureau is hereby authorised sioners' court 
and empowered at any regular term thereof, whenever it shall be 
deemed expedient, to contract with the lowest competent bidder, 
for transcribing from the records of the county of Putnam, all deeds, 
title papers, certificates, patents, town plats and all other writings 
on record in the recorder's office of said county of Putnam, apper- 
taining to lands lying in the county of Bureau. 

§ 2. The person obtaining the aforesaid contract shall, before Dut y of person 
entering upon the duties enjoined by this act, take and subscribe 
an oath or affirmation carefully and faithfully to perform the same; 
which oath or affirmation may be administered and certified to the 
clerk of the aforesaid court, by any justice of the peace in said 
county, and shall also give bond, with good and sufficient secu- 
rity, in such sum as the county commissioners' or county court 
may determine. 

§ 3. It shall be the duty of the county commissioners' or county D Uty f county 
court of said county, after making such contract, or as soon there- commissioners, 
after as may be convenient, to provide a sufficient number of suita- 
ble blank books, substantially bound, for the purpose contemplated 
by this act. 

§ 4. As soon as such book or books shall be delivered to the contractor to 
aforesaid contractor, he shall proceed to the office of the recorder copy 
of the county of Putnam, and shall from the books in said office 
make out and record, in a fair and legible manner, in the book or 
books furnished him, all records contemplated by the foregoing 
provision of this act, and shall certify at the end of each volume 
that the deeds, certificates, title papers, and all other writings con- 



110 



RECORDS. 



tained therein, are true and correct copies from the records of the 
county of Putnam. When the said contractor shall have finished 

To make certi- transcribing the records contemplated by this act, he shall also cer- 
licate. tify that these books (naming or numbering them) contain all the 

records appertaining to real estate lying in the county of Bureau, 
and on record in the office of the recorder of Putnam county. 

Recorder to af- § 5. It shall be the duty of the recorder of the county of Put- 
ford contrac- nam to p erm it said contractor to make transcripts of all and every 
books. record required by the provisions of this act, and for that purpose 

to use the books in which such instruments may be recorded free 
of charge. 

How paid. § 6. The said contractor shall be paid for his services out of the 

county treasury of Bureau county. 

Record to be § 7. When the records made by authority of this act are com- 
evidence. pleted in the manner contemplated therein, and deposited in the 
recorder's office of the county of Bureau, certified copies of the 
same, made by the recorder of the aforesaid county, shall be evi- 
dence in all courts and places, and with the same effect as if made 
by the recorder of the county of Putnam. 

Sale of land for § 8. Said county court are hereby authorised, in like manner as 
is provided by this act for transcribing the records of deeds of said 
county of Putnam, to cause to be transcribed all records of sales of 
lands for taxes, made in said county of Putnam, and which lands may 
lie in said county of Bureau; and also all records of judgments, or other 
public records of said county of Putnam, necessary for the use or 
security of the people of said Bureau county, or any lands situate 
therein. And all such transcribed records, when deposited in the 
proper office of said Bureau county as provided by this act, for 
transcripts of the records of deeds aforesaid, and copies duly cer- 
tified from them shall be evidence to the same extent that the orisri- 
nal records of said Putnam county, or transcripts from them, would 
be ; and the officers of said Putnam county having the custody of 
such original records shall permit said transcripts to be taken 
therefrom free of charge. 

Approved February 10, 1849. 



taxes to be 
transcribed. 



In force AN ACT to authorise the recorder of St. Clair county to traDscrile certain 

April 13, 1S49. records in said county. 

Section 1. Be it enacted by \he people of the state of Illinois, 
represented in the general assembly, That the county commissioners' 
court of St. Clair county are hereby authorised to provide a suita- 
ble record book, into which they may have transcribed all or any 
portion of the records of said county contained in book ( I ) in the 
recorder's office of said county; for which service they shall pay 
the recorder of said county such reasonable compensation as they 
may consider just. 

§ 2. All such records so transcribed shall have the same force, 
validity, and effect, as is by law allowed to other records, and 
copies thereof, duly certified, shall be competent evidence in any 
of the courts of this state. 

Approved February 12, 1849. 



RELIEF. 



Ill 



AN ACT for the relief of the securities of Alonzo Pate. In force 

Jan'y 9, 1849. 

Whereas, one Alonzo Pate obtained a writ of error from the p ream bi e . 
supreme court, to the circuit court of Adams county, on a convic- 
tion upon an indictment for the crime of forgery in said circuit 
court, and a supersedeas thereon, by his entering into a recognizance 
in the penal sum of three thousand dollars, with William Leach- 
man, Adam Taylor, James M. Crawford, and John Denson, as se- 
curities ; and whereas, the supreme court affirmed the judgment 
of said circuit court, and the said Pate failed to appear at the next 
term of said circuit court thereafter, to abide said judgment, 
although his said securities made every effort in their power to 
arrest him and procure his attendance; and whereas, upon scire 
facias on said recognizance issued from said circuit court, a judg- 
ment was rendered against the said Leachman, Taylor, Crawford, 
and Denson, for the amount of said penalty ; and whereas, said 
securities have already paid upon said judgment the sum of lour 
hundred dollars, and all the costs of court, amounting to a large 
sum; and whereas, upwards of two thousand two hundred of the 
legal voters of said Adams county have petitioned lor the passage 
of an act for the relief of said securities 1'rom any further payment 
on said judgment; therefore, 

Section 1. Be it enacted by the people of the state of Illinois, securities re- 
represented in the general assembly, That [said] William Leachman, leased - 
Adam Taylor, James M. Crawford, and John Denson, securities of 
[said] Alonzo Pate, be, and they are hereby, released and dis- 
charged from the payment of the balance of said judgment now 
remaining due and unpaid. 

§ 2. It shall be the duty of the judge of the fifth judicial cir- Duty of judge 
cuit to cause the execution issued upon said judgment to be re- *;' d ,.,fA e '!L °/ 
turned to the clerk s olnce ot said Adams circuit court, without any 
further proceedings thereon, and cause any levy or levies made 
thereon to be annulled and set aside, and to direct the clerk of said 
circuit court to enter upon the judgment docket thereof full satis- 
faction of said judgment rendered upon said recognizance. 

§ 3. This act shall in no wise have the effect to release the said Defendant »o* 
Pate from any liability on said recognizance. released. 

§ 4. This act shall take effect from and after the passage of the 
same. 

Approved January 9, 1849. 



AN ACT for the relief of John Brass. In force 

Jan. 17, 1849. 

Whereas, John Brass having by an unfortunate dispensation Preamble, 
of Providence been deprived of the use of his arm, and thus ren- 
dered incapable of maintaining- himself by manual labor, and being 
without any other means of support than what he can acquire in 
some honest calling, suited to his present unfortunate condition, 
and being desirous of assisting him in his misfortunes ; therefore, 

Section 1. Be it enacted by the people of the state of Illinois, Jonn Brass al * 
represented in the general assembly, That the said John Brass per- ^ ed t0 p 
sonally be allowed a pedler's license to peddle goods in the state 



112 RELIEF. 

of Illinois during his life, in consequence of his losing an arm by 
the bursting of a gun; and the secretary of state be authorised to 
issue said license ; Provided, further, that the said Brass shall not 
employ more than one thousand dollars' worth of capital at any 
one time, and shall not be allowed to sell or deal in intoxicating 
liquors under the license or privilege granted by this act. 

§ 2. This act to take effect from and after its passage. 

Approved January 17, 1849. 



In force 
Jan. 19, 1840. 



AN ACT for the relief of Johnson M. Owen. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That Johnson M. Owen, who 
was heretofore convicted of the crime of larceny, in and by the 
circuit court in and for the county of Wayne, in the state of Illi- 
nois, be, and he is hereby, restored to all the rights and privileges 
of a citizen of the said state of Illinois, as fully and amply as if no 
such conviction had ever taken place. 

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

Appkoved January 19, 1849. 



In force 
Jan. 24, 1849. 



AN ACT fo the relief of Isaiah Cormack. 

Section 1. Be it enacted by the veople of the state of Illinois, 
represented in the general assembly, That Isaiah Cormack, who was 
convicted of the crime of larceny, at the September term, a. d. 
1847, of the Jo Daviess county court, in the state of Illinois, by said 
court be restored to all the rights and privileges of a citizen of the 
said state of Illinois, as fully and amply as if no such conviction 
had ever taken place, from and after the passage of this act. 

Approved January 24, 1849. 



In force 
April 13, 1849. 



AN ACT for the relief of A. Getzler, late assessor of Cook county. 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, That A. Getzler, late assessor 
of Cook county, be allowed the sum of seventy-five dollars for 
amount paid by him for assistance in assessing the property of 
Cook county for the year of our Lord one thousand eight hundred 
and forty-six; and that the auditor of public accounts issue to hira 
his warrants therefor. 

Approved January 25, 1849. 



RELIEF. 213 

AN ACT fOr the benefit of Reuben Emmerson and securities. In force 

April 13, 1840. 

Whereas, Reuben Emmerson, of White county, on the 4th day Preamble, 
of May, A. D. 1841, leased of the state the water power and mills 
at Carmi, at the rent of $400 per annum, and thereupon gave his 
bond to the state, with H. F. Delany, John Storms, Lock Phipps, 
Solomon Voris, William Little, J. C. Haynes, J. Downes and J. 
T. Ratcliff, his securities for the payment of said rent, &c, upon 
which bond a judgment was obtained at the July term, 184S, of the 
Sangamon circuit court; and whereas, the said Emmerson was 
obliged to purchase other machinery in place of that leased him 
by the state, which was taken away by the original proprietor, and 
his said contract has been wholly worthless to him ; and whereas, 
there is no fund for the improvement of the Little Wabash river, 
to which object the proceeds of said lease were directed by law to 
be applied, and no such improvement is now contemplated ; there- 
fore, 

Section 1. Be it enacted by the people of the slate of Illinois, Released. 
represented in the general assembly, That the said Emmerson and his 
securities upon said bond, are hereby forever released from all 
liability on said bond and judgment ; Provided, that nothing in this 
act contained shall exempt the said parties from liability for the costs 
of said suit . 

Approved January 29, 1849. 



AN ACT for the relief of Don Alonzo Cushman, Samuel M. Beakly and Alonzo R. j n f orC e 

Cushman. Apri l 13) 1849 , 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That whenever Don Alonzo persons 
Cushman, Samuel M. Beakly and Alonzo R. Cushman, their heirs relieved. 
and assigns, shall execute a good and sufficient bond in the sum of 
two thousand dollars, payable to the state of Illinois, with such Condltu)BB « 
securities as shall be approved by the governor and secretary, and 
conditioned for the full indemnity of the state, against the produc- 
tion, payment, or liability in any manner whatever, by reason of a 
certain one thousand dollar bond, No. 57, three coupons off, ( de- 
scribing in said indemnity bond, to the satisfaction of the governor, 
the said one thousand dollar bond, No. 57,) and file the said bond 
in the office of the secretary of state, the governor be, and he is 
hereby, authorised and required to issue a certificate of state in- 
debtedness, for the amount of said one thousand dollar bond and of 
the coupons attached; which certificate shall express upon its face, 
" Certificate No. — , for one thousand dollar bond, No. 57, three 
coupons off, issued and lost on or about June 28, A. D. 1844 ;" 
which said certificate shall be of the same force and effect of the 
said bond, and entitle the holders thereof to the same rights, privi- 
leges and payments, in all respects whatever, as though they were 
the holders of the original bond. 

Approv ed January 30, 1849. 

(H) 



114 



RELIEF. 



In force 
April 13, 1849. 



AN ACT for the relief of John E. Hall, collector of Gallatin county. 

Section 1. Be it enacted by the people of the slate of Illinois, 
represented in the general assembly, That John E. Hall, late sheriff 
and collector for the years eight hundred and forty-six and eighteen 
hundred and forty-seven, of the revenue of Gallatin county, be, and 
he is hereby, released from all interest which may be chargeable to 
him as such collector, on the revenue of the years 1846 and 1847, 
and the auditor of public accounts is hereby directed, in a final 
settlement with said collector, to acquit him of the interest afore- 
said. 

Approved January 30, 1849. 



In force 
Feb. 2, 1849. 

To keep a 
ferry. 



To keep boats, 



To pay tax. 



AN ACT for the relief of John Wilson. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That an act entitled " an act to 
authorise John Wilson to keep a ferry across the Mississippi 
river," approved February 26, 1841, be, and the same is hereby^ 
extended and renewed for the term of ten years, from and after the 
26th day of February, A. D. 1851, and that all the rights, franchises 
and privileges granted and secured to John Wilson, by the provi- 
sions of said act, be, and the same are hereby, granted and secured to 
him for the said term of ten years from the expiration of said charter. 

§ 2. The said John Wilson, and his assigns, shall at all times, 
during said term, keep or cause to be kept upon said ferry such 
boats and water craft for the transportation of passengers, their 
baggage and freight, as the county court of Rock Island county may 
from time to time require. 

§ 3. For the privileges herein granted, the said John Wilson, his 
heirs and assigns, shall pay into the county treasury of said 
county of Rock Island, such annual tax as may be assessed by the 
county commissioners' court, or county court, (when created) of 
said county, not exceeding the sum of forty dollars ; and in default 
of the payment of said tax, the said Wilson, his heirs or assigns, 
shall forfeit and pay the sum of eighty dollars, to be recovered in 
an action of debt in the name of said county, before any justice of 
the peace, subject to appeals as in other cases. 

§ 4. Provided, that after the expiration of the term granted to 
said Wilson, by an act entitled "an act to authorise John Wilson 
to keep a ferry across the Mississippi river," approved February 
26th, 1841, the legislature or the county eourt (when created) may, 
if the public good requires it, grant to the president and board of 
trustees of the town of Rock Island, the right to keep and run a 
ferry across the Mississippi river, between Rock Island, in the coun- 
ty of Rock Island, and Davenport, in the county of Scott, in Iowa, to 
and from any land or ground not now owned by said John Wilson. 

§ 5. This act shall take effect from and after its passage. 

Approved February 2, 1849. 



RELIEF. U5 

AN ACT for the relief of the collectors of Gallatin and Saline counties. In force 

Feb. 3, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, rep- Assessment &c. 
resented in the general assembly, That the assessment made in the le g alised ' 
year 1847, for the said county of Gallatin, previous to the division 
thereof into the counties of Gallatin and Saline, and the division 
of said assessment to each of said counties, in proportion to their 
taxable property, as directed by the county commissioners' courts 
of the counties of Gallatin and Saline, as well as the division of the 
collectors' books for said year, and all other acts of said courts, and 
of the persons appointed by them to make said division of the assess- 
ment and books aforesaid; be, and the same are hereby, legalised, 
and shall have the same force andeffect as if said assessment, had 
been made within the time required by law, in the proper manner 
and by proper officers. 

§ 2. The collectors of said counties of Gallatin and Saline shall Duty of coiiec. 
proceed to collect within their respective counties the taxes re- ors * 
maining due and unpaid, in the same manner and with the same 
legal effect as the same might have been done within the time pre- 
scribed by law. 

§ 3. The assessment of taxable property in Gallatin county made 
by James W. Trousdale, for the 1848, and the levy made by the 
county commissioners' court of said county, on the 15th day of 
January, 1849, for county purposes, be held to be as valid as if the 
same had been made, completed and returned within the prescribed 
provisions of law, and the said assessment and levy in regard to 
these and all other defects is hereby legalised. 

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

Approved February 2, 1849. 



AN ACT for the relief of certain persons therein named. l n f orce 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, Bond for state 
represented in the general assembly, That the principals and securi- arms. 
ties in the bond of John J. Hardin and John Henry, to this state, 
executed on the receipt of certain public arms for the use of an in- 
dependent company of cavalry, be released and discharged from the 
same ; Provided, the surviving officers of said company shall, when Do . d0 
required, surrender all public arms in said company's possession. 

§ 2. And that the principals and securities in the bond or bonds 
executed by Henry Newton and by Harrison P. Crawford, on the 
receipt of certain state arms for the use of certain independent com- 
panies heretofore commanded by them respectively, in Hancock 
county, be released and discharged from the said bond or bonds ; 
Provided, the officers of said company or companies last named, shall 
cause to be surrendered up to any agent of this state, appointed for 
that purpose, all public arms aforesaid, in the possession of said 
company or companies, within their power. 

§ 3. The governor of this state is hereby authorised to appoint Goveru °r »• 
an agent to receive and receipt for said arms. toKteJSiV. 



116 

Liability for 
arms not ac- 
counted for. 



RELIEF. 

§ 4. Nothing in this act shall have the effect to discharge said 
securities named in the first and second sections of this act, from 
their liability on said bonds, whenever it shall be made to appear 
said arms were lost, injured or destroyed by the negligence or vol- 
untary and intentional act of said officers of or other members of 
the companies to whom said arms were delivered. 

Approved February 3, 1849. 



In force AN ACT {oT tne rel i ef °f the securities of John H. McElhanon. 

Feb. 9, 1849. 

securities on Section 1. Be it enacted by the people of the state of Illinois, 
bond of coilec- represented in the general assembly, That Greenville Rountree, Lin- 
coun7y. ShinSt ° n ville Rountree, and others, the securities of John H. McElhanon,. 
late collector of the revenue of Washington county, for the year A. 
condition. D. 1843, on his bond as such collector, be, and they are hereby, 
allowed until the first day of December, 1849, to satisfy a certain 
judgment rendered on said bond, in the circuit court for the county 
of Sangamon, on the 25th day of July, 1848, and that they be dis- 
charged from said bond and judgment on payment to the auditor of 
this state, within the time aforesaid, in state indebtedness or state 
bonds, of the amount agreed upon before the rendition of said judg- 
ment between them and the auditor of state, as the real amount due 
on said bond, (and which amount is the sum of six hundred and 
nineteen dollars and thirteen cents,) together with six per cent, 
interest thereon per annum, from the date of said judgment until 
paid. 

§ 2. Should said securities fail to pay the amount named in the 
first section of this act, within the time and in the manner therein 
a re ° pay ' provided, said judgment shall remain in full force and effect, and 
nothing in this act shall effect or remove any lien upon any property 
of said securities under said judgment, until payment shall be made 
as aforesaid. Nothing in this act shall discharge the said John H. 
McElhanon from said bond or judgment, but he shall remain liable 
upon the same. 

§ 3. This act shall take effect from and after its passage. 
Approved February 9, 1849. 



In force 
Feb. 9, 1849. 



AN ACT for the relief of the heirs of Thomas Sconce and otherg. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the estate and heirs of 
Thomas Sconce, deceased, late collector of the county of Cumber- 
land, for the year one thousand eight hundred and forty-seven, and 
William Decker, William Jones, James B. Wall and Drury Wall, 
securities of the said Sconce, as collector, be, and they are hereby, 
released and discharged from any further obligation to pay the state 
any part of the amount due from the said county of Cumberland, for 
taxes for the year aforesaid, in consequence of the defalcation of said 
Thomas Sconce. 



RELIEF. H7 

§ 2. The county commissioners' court of said county is hereby 
authorised and empowered to discharge the said Sconce's estate 
and heirs, and the securities aforesaid, from all liability to the said 
county of Cumberland, for any defalcation by the said Sconce to said 
county. 

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

Approved February 9, 1849. 



AN ACT for the relief of the securities of James Willis, late sheriff of Jackson &» *" orc 5* 

county. Feb - 8 > 1S49 " 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the securities of James 
Willis, late sheriff and collector of revenue for the county of Jack- 
son, shall pay to the auditor of public accounts, by the first day of 
December, 1849, in state indebtedness, all such amounts, with legal 
interest, as may then be due from the said James Willis, and for 
which judgments have been recovered against said Willis and his 
said securities ; and also, pay all costs which shall then have ac- 
crued, to the persons respectively entitled thereto, they shall be re- 
leased from liability, and said judgments as to them deemed satisfied $ 
Provided, that nothing herein contained shall be so construed as to 
release the said sheriff from the debt, or any part thereof. 

§ 2. That execution on said judgments be stayed until said time 
of payment, but to be in force and the amounts due to be collected, 
if said payments shall not be made as herein provided, and that said 
judgments and execution remain a lien upon all personal and real 
estate as fully as though this act had not been passed. This act 
to be in force from and after its passage. 

Approved February 8, 1849. 



AN ACT for the relief of M. Brayman, administrator of Milton Carpenter, deceased* In force 

Feb. 8, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the auditor of public ac- 
counts be, and he is hereby, directed to issue his warrant upon the 
treasurer in favor of M. Brayman, administrator of Milton Carpen- 
ter, deceased, for the sum of five hundred dollars, in full of the 
amount due said Carpenter, for distributing the new constitution to 
the several counties in this state. 

§ 2. This act to take effect from and after its passage. 

Approved February 8, 1849. 



AN ACT for the relief of Samuel S. Marshall and others. j n force 

Feb. 8, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the auditor of public ac- 
counts is hereby directed to draw and issue his warrant upon the 
treasurer of this state, in favor of Samuel S. Marshall, for the sum 
of two hundred dollars ; to William Rogers, for the sum of one 



1 I ^ RELIEF. 

hundred and thirty dollars ; to Allen Bainbridge, for the sum of 
thirty-nine dollars thirty-five cents ; to T. J. & D. Moonaghan, 
twenty-seven dollars ; to G. H. Paget, three dollars and thirty- 
seven cents ; to S. J. Chapman, one hundred and nine dollars 
thirty-seven cents ; to A. B. Brown, two hundred and forty dollars 
fifty cents ; as a compensation for their services in the Massac 
difficulties ; and the said treasurer is hereby required to pay the 
said warrants out of any funds he may have in the treasury not 
otherwise appropriated by law. 

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

Approved February 8, 1849. 



In force AN ACT for the relief of William Welch. 

Feb. 10, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That William Welch, of the 
county of Macoupin, and state of Illinois, be, and he is hereby, re- 
leased from the recognizance entered into by him, as the security 
of George W. Scott, in the case of the people of the state of Illinois 
against said Scott, and upon which said recognizance scire facias 
has been issued against said Welch, and is now pending and un- 
determined in the circuit court of the said county of Macoupin, and 
said Welch is hereby authorised to plead this act in bar of any 
further proceedings on said recognizance ; Provided, that said 
Welch shall pay all costs that have accrued in proceedings hereto- 
forehad upon said recognizance. 

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

Approved February 10, 1S49. 



In force 
April 13,1849. 



AN ACT for the relief of Archibald Job. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the sum of seven hundred 
and fifty-six dollars, be, and the same is hereby, appropriated to 
Archibald Job, in full of the amount due him, as one of the state- 
house commissioners. 

§ 2. The auditor of public accounts of the state of Illinois, is 
hereby authorised and directed to issue his warrant for the above 
sum to the said Archibald Job. 

Approved February 10, 1849. 



In force • AN ACT * or the re ^ e ' certa * n persons therein named. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the auditor of public ac- 
counts be, and he is hereby, directed to issue his warrant upon the 
treasurer in favor of Thomas H. Owens, for the sum of fifty-one 
dollars and thirty-four cents, in full, for provisions furnished the 
troops employed by the government in the Mormon war. Also, to 



RELIEF. U9 



Thomas Wells, five dollars, in full, for provisions furnished by him 
to the troops aforesaid. 

Approved February 10, 1849. 



AN ACT for the relief of certain officers herein named. In force 

Feb. 10, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That in all cases hereafter, or 
which have heretofore happened, when persons are committed to 
any common jail, by virtue of any warrant of commitment of any 
justice of the peace, or other judicial authority within this state, 
and such person is unable to pay for board and jail fees, or shall be 
discharged from such imprisonment by order of any competent au- 
thority ; and also, in all cases where the law makes no provision 
for such payment, the county where the cause of such imprisonment 
accrued shall pay the sheriff of such county his proper fees and 
charges, including board, accruing by virtue of such imprisonment; 
which shall be in force from and after its passage. 

Approved February 10, 1849. 



AN ACT for the relief of A. J. Douglass. 



In force 
April 13, 1849. 

Whereas, Arenton J. Douglass lost, by theft or otherwise, on preamble, 
or about the eighth of July, 1847, the sum of seven thousand dollars 
in registered Illinois and Michigan canal scrip and indebtedness, as 
hereinafter described, to wit : 

Numbers 593, 589, 588, for the sum of one thousand dollars each, 
dated February 22, 1844, payable to Ballentine and Douglass, or 
bearer, and signed Thomas Ford; 

Number 599, for the sum of five hundred dollars, and in all re- 
spects corresponding with the above described ; number 770, for the 
sum of one hundred dollars, dated June 11, 1844, payable to Sears, 
Blount and Payne, and signed Thomas Ford; 

Numbers 1829, 1810, 1809, 1808, 1834, 1819, 1818, 1817, 1816, 
1802, 1803, 1804, 1805 and 1806, for the sum of one hundred dollars 
each, payable to bearer, when funds are provided for that purpose^ 
dated June 1, 1843, and signed Jacob Fry, acting commissioner, 
and Joel Manning, secretary. Making in amount, the sum of five 
thousand dollars, and marked across the face in red ink, " Register- 
ed February the 9th, 1846, Jacob Fry;" 

Also, number 589, for the sum of five hundred dollars, dated 
February 22d, 1844, payable to Ballentine and Douglass, and signed 
Thomas Ford; 

Numbers 1766, 1662, 1664, for the sum of one hundred dollars 
each, letter A, dated April 1, 1843; numbers 1825, 1824, 1823, 
1835, 1837, 1836, 1838, for one hundred dollars each, letter A, and 
dated June 1, 1843. Also, numbers 1765, 1662, 1661, 1716, 1656, 



120 



RELIEF. 



To procure 
Certificate. 



for the sum of one hundred dollars each, dated April 1, 1843, all 
payable to bearer, when funds are provided for that purpose, and 
all signed Jacob Fry, acting commissioner; and Joel Manning, sec- 
retary, and all marked across the face in red ink, " Registered 
May 25th, 1846, Jacob Fry;" making in amount, the sum of two 
thousand dollars. The above scrip and indebtedness, was register- 
ed by the state trustee, in conformity with a law for the completing 
the Illinois and Michigan canal, and for other purposes, approved 
February 21, 1843. 

Whereas, all Illinois and Michigan canal scrip and indebted- 
ness, before the same is funded, undergoes a minute examination 
by a state agent, appointed b) his excellency the governor, and 
upon the certificate of said agent, setting forth the amount of the 
principal and the amount of interest on said scrip and indebtedness 
so examined, and upon such certificate the governor grants Illinois 
and Michigan canal bonds for the principal, and interest scrip for 
the interest; and whereas, such examination would detect the 
above described scrip and indebtedness, and guard the state against 
the redemption of the same ; therefore, 

Section. 1. Be it enacted by the people of the stole of Illinois, 
represented in the general assembly, That when Arenton J. Douglass, 
his heirs or legal representatives, shall procure from the state 
trustee of the Illinois and Michigan canal his certificate that the 
above described Illinois and Michigan canal scrip and indebtedness 
is legally registered in his office as a portion of the canal debt, in 
conformity with a law for the completion of the Illinois and Michi- 
gan canal, and for other purposes, approved February 21, 1843, 
and shall procure the certifiate of the examining agent of his ex- 
cellency the governor of this state, that the said scrip and indebted- 
ness, described in the foregoing preamble, has not been cancelled 
and redeemed, and that he has not granted a certificate to any per- 
son for the purpose of funding the same, under the instruction of 
his excellency the governor of this state, and shall procure his cer- 
tificate of the amount of principal and interest on said scrip and 
indebtedness, thereupon, the governor of this state is hereby au- 
thorised and required to issue Illinois and Michigan canal state 
bonds as registered, for the principal, and issue interest scrip for 
the interest due on said scrip and indebtedness, and cause the same 
to be cancelled on the proper books, as though the same had been 
surrendered. 
Bond and secu- § 2. And upon the executing and delivery of the aforesaid bonds 
nty o e given. an( j j n t eres f- ser [^^ tbe governor of this state shall require that the 
said Arenton J. Douglass execute a bond, with security to the 
state, in the penal sum of fourteen thousand dollars, conditioned 
that the said Douglass shall indemnify the state against any person 
or persons as holding said scrip and indebtedness by purchase or 
legal transfer by him, or by John T. Roberts. 
Approved February 12, 1849. 



Governor to 
pay, &c. 



la force 
Feb. U, 1849. 



AN ACT for the relief of certain persons therein named. 

Section 1. Be it enacted by the people of the state of Illinois 
represented in the general assembly, That the auditor of public ac- 



REVENUE. 121 

counts be, and he is hereby, required to issue a duplicate warrant, 
in lieu of warrant No. 9136, dated April 3d, 1837, in favor of 
•Tweed and Freeman, for the sum of one hundred dollars ; said 
warrant having been lost or stolen ; Provided, the said Tweed and 
Freeman, or either of them, file with the auditor a bond, with good 
and sufficient security, in the penal sum of two hundred dollars, 
conditioned as is now required by law in such cases. 

§ 2. That the auditor of public accounts be, and he is hereby, 
required to issue a duplicate warrant for fifteen dollars, in favor of 
Mathew Stokes, in lieu of a ten dollar warrant and a rive dollar 
warrant, the property of said Stokes, destroyed by fire. 

This act to take effect from and after its passage. 

Approved February 12, 1849. 



AN ACT for the relief of certain persons therein named. j n f orce 

Feb. 12, 1849. 

Section 1. Be it enacted by the people oj the state of Illinois, 
represented in the general assembly, That Joshua Woosley, Z. M. 
Blackaby and William McCormack, late county commissioners of 
Pike county, be, and they are hereby, jointly and severally released 
and discharged from a certain fine or fines heretofore imposed upon 
them by the circuit court of the county of Pike, for an alleged 
contempt of said court. 

§ 2. This act shall not^be so construed as in any manner re- 
flecting upon said circuit court, on account of the said fine or fines. 

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

Approved February 12, 1849. 



AN ACT to amend the several acts concerning the public revenue. In force Feb. 

8,1849. 

Section 1. Be it enacted by the people of the stale of Illinois, Assessment of 
represented in the general assembly, That all assessments of pro- 1848 > valid « 
perty for taxation made in the year 1848 and prior years, and 
which were not completed within the time required by law, be, and 
the same are hereby, declared to be as good, valid and effectual as 
if they had been made and returned in strict conformity to law, 
and the auditor shall have power to remit the interest, when it shall 
appear that the collector did not receive the books within the time 
required by law. 

§ 2. Assessors for the current year, (1849) and hereafter, shall Du t y f asses- 
complete the assessment of the property and make returns thereof sors for 1849. 
as is now required by law, on or before the first Monday in Sep- 
tember ; and for a failure to do so, they shall forfeit the amount 
allowed them for said service. The clerks shall perform the duties 
required of them, and deliver the books to the collectors on or be- 
fore the first Monday in November thereafter. Every clerk failing 
or neglecting to comply with the provisions of this section shall 
forfeit the amount allowed him for said service, unless he shall 



122 



REVENUE. 



County courts. 



On failure to 
pay taxes. 



have been prevented from performing the same by the failure of the 
assessor. 

Duty of collec- § 3 # The collector, as now provided for by law, shall present 
his bond to the county court, at the September term thereof, and 
when approved by said court, it shall be recorded ; and the clerk 
shall endorse thereon his certificate of the facts, under the seal of 
the court, and shall transmit it by mail to the auditor, within three 
days after the adjournment of the said court. If any collector's bond 
shall not be received within thirty days after the commencement of 
said court, it shall be his duly to advise the county treasurer, by 
letter, of the fact, and said treasurer shall demand the bond and for- 
ward it without delay. 

§ 4. The county courts of the several counties of this state shall 
have the same jurisdiction of suits brought by collectors, for the 
taxes on delinquent lands and town lots, as the circuit courts of this 
state now have or may hereafter have by the laws of this state. 

§ 5. When any person, owning lands or town lots in any county 
in this state, shall fail to pay the taxes assessed thereon, and the 
collector shall be unable to find any personal property of such 
person in his county whereon to levy, of value sufficient to pay 
said taxes and cost, or shall be unable to sell personal property, as 
is required by law, it shall be the duty of the collector to publish 
an advertisement in some newspaper published in his county, hav- 
ing the greatest circulation in said county, if any such there be, and 
if there be no such paper printed in his county, then in the nearest 
newspaper in this state; which advertisement shall be once publish- 
ed at least four weeks previous to the June term of the county 
court ; and the said advertisement shall contain a list of the delin- 
quent lands and town lots upon which the taxes remain due and 
r so)u. ty t0 b6 un P a 'd> tne names of owners if known, the amount of tax, interest 
and cost due thereon, and the year or years for which the same are 
due ; shall give notice that he will apply to the county court at the 
June term thereof for judgment against said lands and town lots for 
said taxes, interest and costs, and for an order to sell said lands and 
town lots for the satisfaction thereof, and shall also give notice that 
on the third Monday next succeeding the day fixed by law for the 
commencement of the said term of the said county court, all the 
lands and town lots for the sale of which an order shall be made, 
will be exposed to public sale at the place of holding court in said 
county, for the amount of said taxes, interest and cost due thereon; 
and the advertisement published according to the provisions of this 
section shall be deemed and taken to be sufficient and legal notice, 
both of the intended application of the collector to the county court 
for judgment, and also of the sale of lands and lots under the 
order of said court; Provided, that if the publisher of such paper 
shall be unable or unwilling to publish said list and notice ac- 
curately and properly, the collector shall select some other news- 
paper, having due regard to the circulation of such paper ; And 

Proviso. provided further, that nothing in this section shall be so construed 

as to prevent the collector from applying at any succeeding term of 
said court for judgment against delinquent lands and lots, and selling 
the same, if from any cause he shall be unable to obtain judgment 
at the June term thereof. 

Purch ■ r t § ®' H erea f ter no purchaser of any land or town lot, at any sale 

tax sales. of lands or town lots for taxes due either to this state or any county, 



REVENUE. 



123 



or incorporated town or city within the same, or at any sale for 
taxes or levies anthorised by the laws of this state, shall be entitled 
to a deed lor the lands or town lot so purchased until he or she 
shall have complied with the following conditions, to wit: Such To servenotice 
purchaser shall serve, or cause to be served, a written notice of and advertise, 
such purchase on every person in possession of such land or town 
lot, three months before the expiration of the time of redemption 
on such sale ; in which notice he shall state when he purchased 
the land or town lot, the description of the land or lot he has pur- 
chased, and when the lime of redemption will expire. In like 
manner he shall serve on the person or persons in whose name or 
names such land or lot is taxed, a similar written notice, if such per- 
son or persons shall reside in the county where such land or lot shall 
be situated ; and in the event that the person or persons, in whose 
name or names the land or lot is taxed, do not reside in the county, 
such purchaser shall publish such notice in some newspaper print- 
ed in such county, having the greatest circulation ; and if no news- 
paper is printed in the county, then in the nearest newspaper that 
is published in this state to the county in which such lot or land 
is situated; which notice shall be inserted three times, the last 
time not less than three months before the time of redemption shall 
expire. Every such purchaser, by himself or agent, shall, before And make 
he shall be entitled to a deed, make an affidavit of his having com- affidavit « 
plied with the conditions of this section, stating particularly the 
facts relied on as such compliance ; which affidavit shall be deliver- 
ed to the person authorised by law to execute such tax deed, and 
which shall by him be filed with the officer having custody of the 
records of lands and lots sold for taxes, and entries of redemption, 
in the county where such land or lot shall lie, to be by such officer 
entered on the records of his office, and carefully preserved among 
the files of his office, and which record or affidavit shall be prima 
facie evidence that such notice has been given. Any person swear- 
ing falsely in such affidavit, shall be deemed guilty of perjury and 
punished accordingly. In case any person shall be compelled 
under this section to publish a notice in a newspaper, then, before 
any person who may have a right to redeem such land or lot from 
tax sale, shall be permitted to redeem, he or she shall pay the 
officer or person who by law is authorised to receive such re- 
demption money, the printer's fee for publishing such notice, and 
the expenses of swearing or affirming to the affidavit and filing the 
same ; Provided, that this notice shall not be required to be given Proviso. 
on sales made for taxes assessed prior to the adoption of the amend- 
ed constitution in 1848. Sections two and three of an act entitled 
"an act to amend the present revenue law," requiring a clerk of the 
county court to give notice to owners, &c, approved February 27, 
1847, be, and the same are hereby, repealed. 

§ 7. The auditor of public accounts shall obtain, on the first day Duty of auditor, 
of October annually, or as soon thereafter as practicable, from the 
several land offices of the United States, at which lands within 
this state are sold, abstracts containing a description of all lands 
sold at each office, the dates of sale and the names of purchasers, 
for which he shall pay not exceeding four cents per tract, and shall 
certify the amount to the governor, whose duty shall be. if said 
account appears reasonable and right, to approve the same ; which 
shall be sufficient authority for the auditor to issue his warrant on 
the treasury for said amount. 



124 



REVENUE. 



To transmit 
lists of lands. 



Former law re- 
pealed. 



Duty of collec- 
tor. 



§ 8. The auditor shall annually transmit to the clerks of' the seve- 
ral county courts, on or before the first day of January, a list of all 
lands in their respective counties which may have or shall become 
taxable during the year preceding the said first day of January, 
and not previously reported ; and the list required to be delivered 
by the clerk to the assessor shall be so delivered on or before the first 
day of February instead of the first day of January in each year. 

§ 9. Section ten of chapter eighty-nine of the revised statutes, 
and all other laws establishing a minimum value of lands in this 
state for taxation, be, and the same are hereby, repealed. Hereafter 
it shall not be lawful for the clerks of the county commissioners' 
court to make full lists of the lands and lots taxable in their counties, 
unless the county commissioners' court, at their September term, 
shall order a full list to be made ; but the said clerks shall annually 
add to the old lists the lands described in the yearly report of the 
auditor, for which he shall be paid as may be directed by law. The 
assessor shall return to the said clerks the lists of lands furnished 
him by the clerks, which shall be preserved for future use. 

§ 10. The collector shall file the list of delinquent lands and 
lots, which shall he made out in numerical order, and contain all 
the information necessary to be recorded, with the clerk of the 
county court, at least five days before the commencement of the 
term at which application for judgment is to be made, and said 
clerk shall receive and record the same in a book to be kept for 
that purpose — which said book shall be ruled and headed as near 
as may be in the following form : 



A LIST of lands and town lots reported by 



collector of the revenue for 



the year 184 — , upon which he has been unable to collect the taxes due thereon; 
and now on this — day of 184 , files this his petition for a judg- 
ment and order of sale against said lands and lots at the term 

184 , of the county court. 



Owners' 


s 
o 

o 












State 


State 


Coun- 


"3 
u 

— 


Total 




names. 


GO 


. 


JS 






O 


revenue special 


ty tax. 


>>* 


am't 


Remarks. 




o 


_5 
a 
03 


a 




31 
< 


cd 

"ea 

> 


tax. 


tax. 




3 
O 

O 


due. 























Delinquent 
lands. 



Oath of collec 
tor. 



§ 11. On the first day of the term at which judgment on delin- 
quent lands and town lots is prayed, it shall be the duty of the 
collector to report to the clerk a list of all the lands and town lots 
upon which the taxes have been paid, if any, from the filing of the 
list mentioned in the tenth section of this act up to that time ; and 
the clerk shall note the fact opposite each tract upon which the 
taxes have been so paid. The collector, assisted by the clerk, shall 
compare and correct said list, and shall make and subscribe an affi- 
davit, which shall be, as near as may be, in the following form: 

I, , collector for the county of , do solemnly swear 

(or affirm, as the case may be) that the foregoing is a true and 
correct record of the delinquent lands and town lots within the 
county of- , upon which I have been unable to collect the 



REVENUE. 



125 



taxes as required by law, for the year or years therein set forth ; that 
said taxes now remain due and unpaid, and that due notice of appli- 
cation for judgment and of sale has been given as required by law. 
Said affidavit shall be entered on the record at the bottom of the 
list, and signed by the collector ; the oath may be administered by 
the judge, clerk or any justice of the peace, who shall attest the 
same. 

§ 12. The court shall examine said list, and if defence or objec- Judgment of 
tion be offered by any persons interested in any of said lands, to the court * 
entry of judgment against the same, the court shall hear and deter- 
mine the same in a summary manner, without pleadings, and shall 
pronounce judgment as the right of the case may be, and shall direct 
the clerk to make out and enter an order for the sale of said lands, 
which shall be substantially in the following form : 

Whereas, due notice has been given of the intended application Form of order 
for a judgment against said lands, and no owner hath appeared to of court, 
make defence or show cause why judgment should not be entered 
against the said lands for the taxes, interest and cost due and unpaid 
thereon, for the year or years herein set forth ; therefore it is con- 
sidered by the court that judgment be, and is hereby, entered 
against the aforesaid tract or tracts of land, or parts of tracts, (as 
the case may be) in the name of the state of Illinois, for the sum 
annexed to each tract or parcel of land, being the amount of taxes, 
interest and costs due severally thereon^ and it is ordered by the 
court that the said several tracts of land, or so much thereof as 
shall be sufficient of each of them to satisfy the amount of taxe*, 
interest and costs annexed to them severally, be sold, as the law 
directs. 

§ 13. Said order shall be signed by the judge, and shall have signed by 
the same effect as judgments and orders made by the circuit court, J ud s e > &c » 
under the laws to which this is an amendment. Persons aggrieved 
by any decision of the county court, in such cases, shall have the 
right of appeal to the circuit court, under such rules and restrictions 
as may be established by law. 

§ 14. All duties required to be performed by the clerk of the clerk of county 
circuit court, by the law to which this is amendatory, and which court t0 trans- 
are not in this act dispensed with, shall devolve upon and be per- mit t0 audltor ' 
formed by the clerk of the said county court; and his compensation 
for said services shall be the same as allowed by said law to which 
this is amendatory to the clerk of the said circuit court. 

§ 15. The clerk of said court shall, within ten days after any 
Bale for taxes, make out and transmit to the auditor a transcript of 
sales, which shall be written on foolscap paper, made up, stitch- 
ed and paged in book form, suitable for binding ; said form to be 
substantially as follows : 



A TRANSCRIPT of lands and toivn lots sold for taxes on the — day of 
■ 184 , in the county of———. 



Transcript. 



Acres offered. 


Part of 
section. 


a 

O 

u 

m 
en 


a 

o 
H 


bu 

a 
eS 


Acres 
sold. 


Amount of 
sale. 


Name of 
purchaser. 



















126 



REVENUE. 
LJNDS and lots forfeited to the State on the — day of 184 



Part of 
section. 



c 








o 






n 




S 


bD 


a) 


ai 
QQ 


O 


(3 


u 


H 


« 


<) 











State reve- 
nue tax. 



State 
special tax, 



County 
tax. 



Total. 



Penalty for 

failure . 



§ 16. Said clerk, for failing to forward to the auditor the said 
transcript, within the time prescribed in the preceding section, 
shall forfeit and pay into the treasury of the state the sum of one 
hundred dollars, to be recovered in an action of debt in any court 
of competent jurisdiction; and it shall be the duty of the prosecu- 
ting attorney for the circuit in which the county of said clerk may 
be, to prosecute and recover the same on being required by the 
auditor so to do. 

§ 17. Suits for the sale of delinquent lands for taxes of 1848, 
and prior years, may be brought and prosecuted either in the 
circuit courts or in the county courts ; but for the taxes of subse- 
quent years, original jurisdiction of such suits shall be exclusive 
in the county courts. 
Assessments of § 18. Assessments and, collections of taxes for the year 1849, 
1849, collection an( j subsequent years, shall be made conformably to the provisions 
of this act, and the laws to which it is amendatory. 

§ 19. The collector of each county, upon receiving the assess- 
ment list from the clerk of the county commissioners' court of his 
county, and giving a receipt for the same, shall proceed to collect 
the taxes charged upon said list, by causing a printed notice to be 
posted in three different places in each election precinct, and in 
three different places at the county seat; one of which shall be on 
the door of the court-house, if any, and shall cause the same to be 
inserted in any newspaper published in such county having the 
greatest circulation, if any be published therein, for the space of three 
successive weeks ; stating in each notice upon what day or succes- 
sive days the collector will, by himself or agent, attend in such 
precincts, at the place of holding elections, or at some equally 
public and convenient place, for the purpose of receiving taxes ; 
and the said collector, or his agent, shall attend for the purpose 
aforesaid, on the day and at the place named in such notice, and 
shall also attend, by himself or agent, at his office at the countj 
seat, during the month of January, for the same purpose; Pro- 
vided, however, that the said notice shall be considered a demand 
for the taxes sufficient to create the lien specified in the act to 
which this is an amendment; and said notice shall be posted up 
and advertised, as aforesaid, at least three weeks prior to the time 
specified for meeting in the precinct. 
To distrain per- § 20. If any person shall fail to pay the taxes charged against 
sonai property, him, on or before the first day of February next, after the publica- 
tion of said notices, the collector may distrain his personal proper- 
ty, and proceed to sell the same as already prescribed by law. 

§ 21. There shall be annually assessed and collected, in the 
same manner as other state revenue may be assessed and collected, 
a tax of two mills upon each dollar's worth of taxable property, in 



REVENUE. ] 27 

addition to all other taxes, to be applied as follows, to wit: The 
fund so created shall be kept separate, and shall annually, on the 
first day of January, be apportioned and paid over pro raia upon 
all such state indebtedness, other than the canal and school indebt- 
edness, as may for that purpose be presented by the holders of the 
same, to be entered as credits upon, and to that extent, in extin- 
guishment of the principal of said indebtedness. 

§ 22. The treasurer of each county shall be ex officio assessor. Tr <jasiirer ex- 
Before he enters on the duties of his office as assessor, he shall take sor> asses "j 
and subscribe the following oath, (or affirmation) to wit: 

I, A. B., do solemnly swear, (or affirm, as the case may be,) Totakeoath. 
that I will faithfully, diligently and impartially perform all the duties 

required of me by law, as assessor and treasurer of the county of . 

And especially that 1 will value and assess for taxation all property, 
real and personal, which is subject to taxation in said county, at its 
true value, in accordance with the provisions of the constitution. 

Which oath may be administered by the clerk of the county 
court, or any justice of the peace, and endorsed on or attached to 
the book of said assessor, and returned, with said assessor's book, 
to the clerk's office. A refusal or neglect of the treasurer to 
qualify and act as assessor shall vacate his office as treasurer, and 
the county court shall thereupon appoint some suitable person to 
fill such vacancy, who shall hold his office until his successor is 
duly elected and qualified. The treasurer shall keep his office at 
the county seat ; and his neglect to do so shall vacate his office, 
which may be filled as aforesaid. 

§ 23. The auditor of public accounts be, and he is hereby, re- Duty of auditor 
quired to have the land records in his office carefully compared with 
the records in the several land offices in this state, and corrected, so 
as to show the correct description of all the lands sold and subject to 
taxation in this state, the name of the purchaser, and the date of 
sale ; and he shall enter up in said records, from the annual lists of 
lands obtained from the several land offices, a correct record of the 
land sold at said land offices, in numerical order, correcting all er- 
rors in said transcripts or records. To defray the expenses of the 
work required to be performed in making the comparison and en- » 

tries aforesaid, he shall be allowed two cents per tract for each tract 
corrected and transcribed. 

§ 24. It shall be the duty of the auditor to have the records Further duty of 
mentioned in (he first section of this act, corrected as soon as prac- auditor - 
ticable ; and as said work progresses, he may lay proper vouchers 
before the governor, which shall show the number of tracts actu- 
ally compared or entered; and if the governor shall be satisfied 
that said vouchers are correct, he shall approve the same, which 
shall authorise the auditor to issue his warrant on the treas- 
urer for the amount due, to be paid out of any moneys not 
otherwise appropriated ; and the amount that may be approved as 
aforesaid is hereby appropriated. All laws and parts of laws 
authorising John B. Weber to correct said records, are hereby 
repealed. 

§ 25. If any tract or tracts of land shall have been, or may here- Landi not tar- 
after be, taxed before the same became taxable under the laws of able ' 
this state, the auditor of public accounts, upon application of the 
owner of said lands, shall give him a certificate, under the seal of 
his office, showing when the same became taxable under the rules 



128 



REVENUE- 



heretofore observed in his said office, in making the reports of tax- 
able lands to the several counties, and said certificate shall be evi- 
dence of the facts therein contained. 

Assessor to § 26. The assessor shall, at the time of making the entry in his 
give certifi- book, as required by the 16th section of the 89th chapter of the 
e * revised laws, give to the person so assessed a certificate of the 

entry so made of the value of the real and personal property so 
assessed ; and the assessor shall not make any change or altera- 
tion in said entry after having given such certificate, without giv- 
ing to the person assessed an additional certificate showing such 
increased assessment. 

Auditor to fur- § 27. The auditor is hereby required to furnish to the clerks of 
msh forms. (.j ie coun ty courts of the several counties forms of books for prop- 
erty to be assessed, and they are required to conform to said plan ; 
said plan to be furnished to the clerks by the first day of April next. 

copy of law. § 28. The auditor is hereby required to furnish to each of the 
county clerks and assessors a copy of this law as soon as practi- 
cable. 

Duty of asses- § 29. It shall be the duty of each assessor, whenever any per- 
sor * son shall refuse to furnish a list of his taxable property, of every 

description whatever, and swear or affirm to the same, if required 
so to do, to bring suit for the penalty provided by law; and if the 
said assessor should fail or neglect so to do, he shall be liable to 
a like penalty, to be recovered at the suit of any person who may 
sue for the same. 

To administer § 30. Whenever any assessor shall be required by any tax payer 
of his county to swear any other person in regard to his assess- 
ment, he shall administer the oath required by law at his earliest 
convenience, and on failure so to do shall be subject to a penalty of 
fifty dollars, to be recovered as other penalties under this act. 

§ 31. All acts and parts of acts conflicting with this act are 
hereby repealed. 

§ 32. This act to take effect and be in force from and after its 
passage. 

Approved February 8, 1849. 



oath. 



In force Feb. AN ACT to provide for the collection of the revenue on forfeited property. 
12, 1849. 

Section 1. Be it enacted by the people of the state of Illinois 
represented in the general assembly, That the clerk of the county 
commissioners' court of each of the several counties in this state 
be, and they are hereby, required to make out and transmit to the 
List of forfeited auditor of public accounts, correct statements of all the forfeited 
lauds. lands and town lots redeemed or sold at his office prior to the first 

day of June, 1849, and which had not previously been reported, 
and shall, at the same time, make out and transmit to the auditor 
a correct statement of the aggregate amount of state tax, interest 
fund tax, insane hospital tax, and costs received at his office for 
the sale and redemption of forfeited property, annually, since the 
year 1844. 



REVENUE. J 29 

§ 2. It shall be the duty of the auditor to make ou£ correct state- Dutyofauditor. 
ments of the several sums which may be reported, as required in 
■the foregoing section, and transmit the same to the sheriff of each 
of. the respective counties, whose duty it. shall be to lay the same 
before the county court, at the first term thereof after he shall have 
received said statement; and fhe said court shall examine the 
accounts and books, and enter an order upon the records, showing 
the correct amounts received by the clerk prior to the first day of 
June, 1849. 

§ 3. The statements of forfeited lands and lots sold, and of lands statements, 
and lots redeemed, mentioned in the first section of this act, shall how ma(le - 
be made out separately ; the statement of sales shall contain a de- 
scription of the property sold, quantity of land, or part of lots sold, 
the year or years tax for which forfeited, the amount of revenue, 
tax and interest, the amount of interest fu;;d, tax and interest, and 
the amount of insane hospital tax and interest, the amount due the 
county, the total amount of sale, the name of the purchaser, and 
date of sale, in separate columns, ruled and headed for that pur- 
pose. A blank form of said list shall be forwarded, together with 
a copy of this act, by the auditor to the clerk of the county court 
of each county. The statement of lands and lots redeemed shall To be certified 
be made out in the same manner as the statement of sales, with the 
names of the persons redeeming, instead of those of the purchasers. 
Said statements shall be certified by the clerk, under the seal of his 
office, and forwarded to the auditor by mail, on or before the 10th 
day of June, 1849, and a certified copy of the order mentioned in 
the second section of this act shall be forwarded, within three days 
after the adjournment of the court; and the auditor shall charge 
the amount that may appear to be due to the state from the said 
clerk, and shall collect and pay the same into the state treasury ; 
Provided, that if the auditor shall be satisfied that the amount set Proviso, 
forth in the order is incorrect, he may return the same for correc- 
tion. 

§ 4. If the clerk of the county commissioners' court shall neg- Penalty of clerk 
lect or refuse to comply with the provisions of this act, or shall 
neglect to pay over the amount due by him, he shall be liable to 
pay the whole amount of state tax, interest and cost, on all the lands 
and lots which may have been forfeited to the state in his county ; 
and the auditor shall ascertain the amount due from the sale lists 
on file in his office, and proceed against the said clerk in the same 
manner as is provided for proceeding against delinquent collectors. 
And the said clerk may be removed from office on failure to pay as 
aforesaid. 

§ 5. Lands and lots heretofore forfeited to the state, may be as- Lauds hereto- 
sessed to the original owners, if listed by them; if not listed, they fore forfeited to 
shall be assessed to the state ; and the clerk of the county court 
shall compute the amount of back taxes, interest and cost, due there- 
on, and note the amount opposite each tract or lot. The collector 
shall proceed to collect said amounts, by sale or otherwise, the same 
as other revenue, and his receipt for the said amount, including the 
taxes of the current year, shall be evidence of redemption of said 
tract or lot, from all claims for the taxes of the years specified in 
said receipt. All deeds made by the auditor of public accounts, 
under the provisions of chapter eighty-nine, revised statutes, shal| 
have the same force and effect as tax deeds executed by sheriffs 

(0 



J 30 REVENUE. 

under said jaw. All auditors' deeds given under said act, shall 
be prima facie evidence that all the prerequisites of the law were 
complied with before sale ; and when it shall be made to appear to 
the satisfaction of the county court, that any tract or lot sold or re- 
deemed under the provisions of said chapter, was not taxable at 
the time of sale to the state, or was assessed twice for the taxes of 
that year, the said court shall cause said sale to be cancelled, and 
shall enter an order showing the amount paid to the county, and the 
amount paid to the state on said erroneous sale. The court shall 
refund to the purchaser, or his legal representative, the amount 
paid to the county ; and the auditor shall issue his warrant on the 
treasurer for the amount paid to the state, upon the presentation of 
a certilied copy of said order and the return of the deed, if a deed 
has been issued for said tract or lot. But if it shall appear that the 
taxes had been properly paid to the collector, and through his neg- 
lect the lands or lots were sold, or forl'eited to the state, then the 
purchaser shall have his remedy against, the collector, and may pro- 
ceed against him by action of debt in any court having competent 
jurisdiction; Provided, that if the clerk shall not have paid the re- 
demption or sale money into the treasury, as required by law, he 
shall refund the amount to the purchaser, or the person redeeming, 
as the case may be, and if said clerk shall refuse or neglect to pay 
the same, the person entitled to receive said amount shall have his 
remedy against said clerk, and may proceed against him by action 
of debt in any court having competent jurisdiction. 

Duty of clerk § 6. The clerk of the county commissioners' court of the several 
cour°t >nty C ° m * count i es shall make out and deliver to the assessor, on or before the 
first day of July next, a list of all the forfeited lands and town lots 
remaining unsold, or unredeemed on the first day of June, 1349, 
and it shall be the duty of the assessor to assess said lands and lots, 
and make return thereof, as is required by law for the assessing of 
other property. The clerk shall make out and deliver to the col- 
lector, at the same time that he delivers the assessment books for 
the current year, a correct list of said property, showing the value, 
amount of tax, amount of back taxes and interest, (including the 
taxes for which forfeited,) the amount of costs, and the year or 
years for which said back taxes are charged: and the said collector 
shall proceed to collect the amounts due thereon, by sale or other- 
wise, as is, or may be, provided by law for the collection of the 

Proviso. taxes on other lands and town lots ; Provided, that if any such lands 

or town lots shall again be forfeited to the state at said sale, for want 
of bidders, the collector shall sell them on the last day of sale, to' 
the highest bidder, without regard to the amount due thereon, and 
the clerk shall deliver to the purchaser a certificate of purchase, 
which shall entitle him to a deed from the auditor, as is now provi- 
ded for by law ; Provided, further., that the owner or owners of 
any such lands or lots may redeem the same at any time within one 
year from the time that said lands or lots were sold, by paying to 
the clerk of the county court double the amount for which said lands 
or lots were sold, and the subsequent taxes, with interest thereon; 
and if any such lands and town lots were sold for a less sum than 
the amount due thereon, he shall pay the whole amount due, with 
interest thereon. 

§ 7. This act to take effect and be in force from and after its 
passage. 

Approved February 12, 1849. 



REVISED STATUTES. 



131 



AN ACT to amend an act entitled "an act to suppress riots and regulating In force 

companies, and maintain the supremacy of the laws," approved February Jan. 25, 1849. 
26, 1847. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the eighth section of the 
act approved February 26th, 1847, entitled " an act to suppress 
riots and regulating companies, and maintain the supremacy of the 
laws," be, and the same is hereby, repealed, and that the remainder 
of said act be continued in full force. 

§ 2. This act shall go into effect from and after its passage. 

Approved January 25, 1849. 



AN ACT to amend chapter fifty-nine of the revised statutes of 1845. In forte 

Feb. 8, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, Trial by jury 
represented in the general assembly, That in all cases of trial before for anv am ' u 
justices of the peace, either party shall have a right to have the 
same tried by a jury, without regard to the amount in controversy, 
on the same terms and in the same manner as is now provided in 
cases where the amount in controversy exceeds twenty dollars. 

§ 2. The manner of summoning jurors, referred to in the first Manner of sum- 
section of this act, shall be the same as provided by law in trials moni Dg jury, 
now before justices of the peace, and said justices of the peace 
shall issue the same kind of precept to compel the attendance of 
jurors, and in all things the service of said process, and the pro- 
ceedings before said justices, shall be the same as in cases now 
provided for by law, when the amount in controversy exceeds 
twenty dollars. 

§ 3. This act shall be in force from and after its passage. 

Approved February 8, 1849. 



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

"conveyances." Feb. 8, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, Deeds, &.c. may 
represented in the general assembly, That all deeds, conveyances, *! e P roved D «- 
and powers of attorney, for the conveyance of lands lying within &cf consu *' 
this state, may be acknowledged or proved before any of the con- 
suls of the United States in foreign countries, who shall authenti- 
cate the same by their signatures and by attaching their consular 
»eal thereto. 

§ 2. All deeds, conveyances, and powers of attorney, for the Former deed* 
conveyance of lands lying in this state, which have been, or may good, 
be, acknowledged or proved, and authenticated as aforesaid, or in 
conformity with the laws of any foreign state, kingdom, empire, or 
country, shall be deemed as good and valid in law as though ac- 
knowledged or proved in conformity with the existing laws of this 
state. 



132 



REVISED STATUTES. 



Prima facie ev- § 3. That where any deed, conveyance, or power of attorney, 
idence. j las \) een ^ or ma y D6) acknowledged or proved, in any foreign state, 

kingdom, empire, or country, the certificate of any consul of the 
United States in said country, under his official seal, that the said 
deed, conveyance, or power of attorney, is executed in conformity 
with such foreign law, shall be deemed and taken as prima facie 
Proviso. evidence thereof; Provided, that any other legal mode of proving 

that the same is executed in conformity with such foreign law, may 
be resorted to in any court in which the question of such execu- 
tion or acknowledgment may arise. 

§ 4. This act to be in force from and after its passage. 
Approved February 8, 1849. 



In force AN ACT to amend the sixty-sixth chapter of the revised statutes, entitled 

April 13, 1849. "limitations." 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That all actions of trespass, 
detinue, trover, and replevin; all actions founded on any promissory 
note, bill of exchange, book account, or simple contract; all actions 
founded on any promissory note, bond, judgment, contract, or in- 
debtedness executed, rendered, entered into, or accrued, beyond the 
limits of this state ; and all actions on the case, shall be commenced 
within five years next after such recovery, or the cause of such 
action shall have accrued, and not after. All parts of acts incon- 
sistent with the provisions of this act be, and the same are hereby, 
repealed. 

§ 2. This act shall be subject to the same conditions as are pro- 
vided in the twelfth section of the sixty-sixth section [chapter] of 
the revised statutes, entitled "limitations." 

Approved February 10, 1849. 



In force AN ACT to amend chapter thirty-six of the revised statutes, entitled "eject- 

Feb. 10, 1849. ments." 

Section 1. Be it enacted by the people of the state of Illinois, rep- 
resented in the general assembly, That exceptions taken to opinions 
or decisions of the circuit courts overruling motions for new trial, 
and to set aside defaults, under the thirtieth and thirty-first sections 
of the act to which this is an amendment, shall be allowed by the 
said courts, and the party excepting may assign for error in the 
supreme court any opinion or decision so excepted to, as afore- 
said. 

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

Approved February 10, 1849. 



RIGHT OF WAY— RIVERS. J 33 

AN ACT to amend the act entitled "evidence and depositions," revised statutes, In force 

chapter forty. April 13, 1849. 

Section 1. Be it enacted by the p°oph of the state of Illinois, 
represented in the general assembly, That hereafter, on the trial of 
any suit in chancery, the evidence on the part of either plaintiff or 
defendant may be given orally, under the same rules and regula- 
tions as -evidence in cases at common law; Provided, however, 
that depositions taken in pursuance of law may still be read in ev- 
idence, as if this act had not been passed. 

Approved February 12, 1849. 






AN ACT to provide for the right of way for purposes therein expressed. In force 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, p , 

represented in the general assembly, That Benjamin Newell, his struct a canal, 
heirs and assigns, of the county of Bureau, and state of Illinois, is 
hereby authorised and empowered to construct a canal from the 
Illinois river, commencing at or near the mouth of Negro creek, in 
the county of Bureau, to the Lake Depeau, for the purposes of nav- 
igation from said river through said lake aforesaid. 

§ 2. The said Benjamin Newell, his heirs and assigns, is hereby To enter upoa 
authorised and empowered to enter upon all lands necessary for lands * 
the construction of said canal, paying the owners of the same dam- 
ages for the right of way across said lands; and in the event of dis- 
agreement between the said Benjamin Newell, his heirs and assigns, 
and any other person or persons, owning said lands, as to the amount 
of such damages, the same shall be ascertained in the manner pro- 
vided in chapter ninety-two, revised statutes, concerning right of 
way. 

§ 3. The improvement authorised by this act, shall be so far Time of com- 
completed as to admit of the passage of boats through said canal P letlon - 
within two years from the passage of this act, or the privileges 
granted by this act shall be forfeited. 

§ 4. The said Benjamin Newell, his heirs and assigns, shall not Tolls, 
be authorised to demand and receive tolls for the passage of boats 
or other craft through said canal. 

Approved February 12, 1849. 



AN ACT declaring the Saline river navigable in Saline county. In force 

Jan. 25, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, Navigation ex- 
tepresented in the general assembly, That the navigation of the Saline tended - 
river is hereby extended from McFarling's old mill up to S. Gar- 
ris' mill, in Saline county. 

§ 2. If any person or persons shall obstruct, or cause to be ob- Penalty for ob- 
structed, said river, so as to render the same inconvenient or dan- structing. 



J 34 RIVERS. 

gerous to pass with boats, such person or persons so offending shall 
be liable to indictment before a grand jury, or upon information on 
oath, before a justice of the peace of the proper county, and on 
conviction thereof, shall pay a fine not exceeding one hundred dol- 
lars, with costs of suit; such fine, when collected, to be paid into 
the treasury of the school district or township in which the offence 
shall have been committed, to be applied to school purposes. This 
act to be in force from and after its passage. 
Approved January 25, 1849. 



In force 
April 13, 1849. 



AN ACT concerning the jurisdiction of the state of Illinois over the Ohio river. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That hereafter the jurisdiction 
of the state of Illinois shall be considered as extending, and as be- 
ing concurrent with the state of Kentucky, over the Ohio river. 

§ 2. Each of the several counties of this state, lying on the Ohio 
river and bounded thereby, are hereby invested with concurrent 
jurisdiction over the said river, in all cases occurring on said river, 
and opposite to each of the said counties. 

§ 3. Nothing herein contained shall be so construed as to extend 
the jurisdiction of said state over any islands in said river included 
within the corporate limits of any county in the said state of Ken- 
tucky. 

Approved February 9, 1849. 



In force 
Feb. 6, 1849. 

Vote to be ta- 
ken. 



Majority may 
levy tax. 



AN ACT to make a levee and other improvements on the Wabash river. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That a vote shall be taken by 
the legal voters of Lawrence county, at the next regular election 
to be held in said county, for and against a special tax to be levied 
by the county commissioners' court of said county, in the manner 
hereinafter specified, and that a poll shall be opened at said elec- 
tion, by the judges thereof, for that purpose, and a return of the 
vote shall be made to the clerk of the county commissioners' court, 
as in other cases, and the clerk shall lay before the county com- 
missioners' court an abstract of said vote. 

§ 2. If a majority of said votes shall have voted in favor of levy- 
ing said special tax, it shall become the duty of the county com- 
missioners' court, at the term of the court in each and every year 
thereafter, at which said court shall levy a tax for county purposes, 
also to assess a special tax, not exceeding five cents on the one hun- 
dred dollars' worth of taxable property, real and personal, 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 commissioners' court 



RIVERS. |35 

of said county as a fund for the construction, repair, and preserva- 
tion of a levee from a point on the Wabash river, at or near the 
town of Russellville, to the mouth of the Embarrass river. 

§ 3. The county commissioners' court of said county shall ap- Supcriutcndant. 
point some discreet person superintendant, and it shall be the duty 
of said superintendant to procure hands to labor in constructing 
said levee, and shall have power to adopt such measures as he shall 
deem necessary for the construction, repair, and preservation of a 
levee or embankment of sufficient height and strength to confine 
the water of the Wabash river within said levee or embankment, 
and prevent the overflow of the adjacent country. 

§4. The said superintendant shall procure the services of a To cause sur- 
competent engineer to make a survey of the ground upon which said ve ?' 
embankment is intended to be made, [and] an estimate of the proba- 
ble cost of the construction of said work, who shall make a report And report, 
of the same; which report shall be laid before the county commis- 
sioners' court, and if the estimated cost of said improvement shall 
exceed the amount of money in the treasury appropriated for the 
same ; the construction of said work shall be delayed until a suffi- 
cient sum shall have been realised to defray the cost and expense 
of the construction of said improvement, or the said court, in its 
discretion, shall direct said superintendant to proceed with the con- 
struction of the work, and shall, after the expenditure of the money 
in the treasury, issue special county orders, bearing interest at the issue county 
rate of six per cent, per annum from the date of the issuing of said OItlors . 
orders, in amount not exceeding three times the whole amount of 
said special tax levied for the first year; which county orders shall 
be reimbursable, with interest, at the expiration of four years from 
the date of the same, to be paid out of said fund provided as afore- 
said. 

§ 5. The said superintendant shall enter into bond, with secu- Enter into bond 
rity, to be approved by said court, payable to the county commis- 
sioners of said county, and their successors in office, in such sum as 
the said court shall direct, conditioned for the faithful performance 
of his duties as such superintendant; and said superintendant shall 
be removable at the pleasure of said court, for good cause shown. 

§ 6. The said superintendant shall keep a true and faithful ac- To kee P a cor ' 
count of the labor performed by hands, and of materials furnished, rec accoun * 
under him ; which shall be returned to the next term of said court, 
and thereupon the said county commissioners' court shall direct 
and order to be issued to each and every person having performed 
labor or furnished materials for the construction of said work afore- 
said, for the amount which mav be due such person or persons. 

§ 7. The clerk of the county commissioners' court shall keep, Dutyof cierkof 
in a separate book, to be furnished by him, a true and correct ac- the C0, com - 
count of the expenditures authorised under this act. 

§ 8. The said superintendant shall be allowed the sum of one compensation 
dollar and fifty cents for each day necessarily engaged in the per- ot sun>dant. 
formance of his duties contemplated in this act. 

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

Approved February 6, 1849. 



136 



RIVERS. 



In force 
I April 13, 1S49. 

Authority giv'n 
to construct 
Jams. 



Duty of owners 
of dams. 



To sue out writ 
of ad quod dam- 
num. 



Ten persons 
may form a 
company. 



To be a body 
politic. 



AN ACT for the improvement of the navigation of Rock river, and for the 
production of hydraulic power. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That, for the purpose of obtain- 
ing, with as little delay as practicable, a slack water navigation on 
Rock river, within this state, and for the production of hydraulic 
power by the same, authority be, and the same is hereby, granted,, 
for the construction of as many dams across said river as shall be 
necessary to produce a sufficient depth for slack water navigation j 
and so soon as the whole or any considerable number of dams shall 
be constructed under the provisions of this act, and the legislature 
shall be of opinion that the public good requires the construction 
of locks therein, they hereby reserve the right to require the same r 
of such dimensions and materials, conferring such rights and priv- 
ileges, and imposing such restrictions as they shall deem equitable 
and just. 

§ 2. It shall be ihe duty of the owners of any dam constructed 
under the provisions of this act, to provide in the same a good and 
sufficient shute for the passage of rafts and flatboats ; such shutes 
to be not less than forty leet in width, and with a suitable slope in 
proportion to the head of water produced by said dam. 

§ 3. It shall be the duty of any person or persons, body corpo- 
rate or politic, before proceeding to construct any such dam as is 
provided for in this act, to sue out a writ of ad quod damnum, as 
provided for in chapter seventy-one of the revised statutes of this 
state; and all proceedings in relation to the same shall conform to 
said act. 

§ 4. For the purpose of accomplishing the objects set forth in 
the foregoing sections of this act, any number of persons, not less 
than ten, may associate as a company and be incorporated as such, 
as hereinafter provided, by riling in the office of the county clerk 
a certificate, signed by each and every person interested, setting 
forth the amount of their capital stock, the number of shares sub- 
scribed for by each, with the name by which the company is to be 
designated ; which certificate shall be recorded and accessible in 
proper office hours to any person interested. For the filing and 
preservation of said certificate, said clerk shall be entitled to 
charge and receive one dollar. 

§ 5. Every company organised under the provisions of this act r 
shall be, and it is hereby, created a body corporate and politic, by 
the name and style as hereinbefore provided, and by that name shall 
be, and are hereby, made capable in law to sue and be sued to final 
judgment and execution, plead and be impleaded, defend and be 
defended, in any court of record, or other place whatever, to make? 
have, and use a common seal, and the same to alter or renew at 
pleasure ',, and shall be, and are hereby, vested with all the privi- 
leges, powers, and immunities, which are or may be necessary to 
carry the purposes and objects of this act into effect; and are made- 
capable of purchasing, holding, and conveying real and personal 
estate, of contracting and being contracted with, and every such- 
corporation is hereby authorised and empowered to locate, con- 
struct, and finally complete a dam or dams across said river in con- 
formity to the provisions of this act, in such manner and form as 
the company shall deem most expedient. 



RIVERS. 



137 



§ 6. The government and direction of the officers of every such Board of direc- 
company shall be vested in a board of not less than live directors, tors# 
who shall be chosen annually by the members of the company, in 
the manner hereinafter provided, and shall hold their respective 
oilices until their successors are duly elected and qualified; and 
the said directors, a majority of whom shall form a quorum for the 
transaction of business, shall elect one of their number to be presi- 
dent of the company, and shall have authority to choose a clerk, 
who shall be sworn to the faithful discharge of his duties, and a 
treasurer, who shall give bond to said company, with securities and 
for a sum to be approved by the directors, for the faithful perform- 
ance of his trust. 

§ 7. The president and directors of every such company are Powers, &c, of 
hereby authorised and empowered, by themselves or their agents, president and 
to exercise all powers herein granted to such company, for the 
purpose of locating and constructing said dams ; to purchase and 
hold land, materials, and the necessary things for the building and 
use of the same ; and to make such equal assessments as may be 
necessary from time to time on all shares in said company. 

§ 8. Every such company shall be the sole owners of the water Water power 
power to be produced by the dam by it constructed, and may let, owned by 
contract, or lease the same, or any part thereof, for any species of compaD y' 
machinery or manufactories, or may themselves use the same, or 
any part thereof, and may erect such offices, buildings, mills, 
works, and machinery, as may be necessary to carry on the busi- 
ness. 

§ 9. The annual meeting of every such company shall be held Annual meeting 
at such time and place as may be designated by a majority of the of Co™? 30 ?' 
members ; at which meeting the directors shall be chosen by ballot; 
each member being entitled to as many votes as he holds shares ; 
Provided, that at least ten days' notice of the time and place of hold- 
ing the first annual meeting, shall be given by publishing the same 
in a newspaper printed at or nearest to the place where any such 
dam is to be erected, or by posting notices of the same in three 
public places in said vicinity. 

§ 10. Every such corporation shall be liable for all damages that Liability of cor- 
may arise to any person or corporation, by overflowing of land or P° Iatlon " 
or other property, caused by the erection of any such dam; to be 
recovered in the manner provided by law. 

§ 11. It shall be the duty of the directors of every such ccm- Dividends, 
pany to divide and pay to the shareholders their just proportion of 
the profits arising from their works, and to pay no more than a just 
equivalent for services rendered by officers and others in the em- 
ploy of the company; and it shall be the duty of the treasurer an- 
nually to prepare a written statement of the receipts and expen- 
ditures of such company, and to file the same, verified by affidavit, 
in the office of the county clerk of the county in which their dam 
shall be located, on the first Monday of each and every year. 

§ 12. The capital stock of any company organised under the pro- capital stock, 
visions of this act, shall be not less than ten, nor more than thirty 
thousand dollars, to be divided into shares of twenty-five dollars each. 
The subscribers for each share shall be held accountable to the direc- 
tors, and all other persons interested, for the full amount of the stock 
severally subscribed for, and the owners in law or equity of the stock 



138 



KOADS— PLANK. 



of said companies shall be held personally responsible for any debts 
or liabilities incurred by the company beyond the amount of the 
capital stock of the company subscribed, 
other compa- § 13. The R ckford i4ydraulic and Manufacturing Company, and 
nies may avail an y ther company heretofore incorporated for the improvement of 
th^act! 68 ° f the navigation of Rock river, may avail themselves of the provi- 
sions of this act, subject, however, to all its requirements, and enti- 
tled to all its privileges, on their complying with the requirements 
of the fourth section hereof, and filing their acceptance of the same, 
signed by all the officers and directors of such company, in the office 
of the county clerk, within ninety days after the passage of this act. 
§ 14. This act shall be deemed and taken as a public act, and 
as such shall be taken notice of by all courts of justice in this 
state, without the necessity of pleading the same. 
Approved February 5, 1849. 



In force AN ACT to provide for the construction of plank roads, by a general law. 

April 13, 1849. 

May form com- Section 1. Be it enacted by the people of the state of Illinois, 

pany. represented in the general assembly, Any number of persons, not 

less than five, may be formed into a corporation for the con- 
struction of a plank road, by complying with the following 

Notice. requisitions, to wit: Notice shall be given in each county 

through which any plank road is intended to be constructed, of 
the time and place or places where books for subscribing to 
the stock of such road will be opened, by publication three weeks 
consecutively in at least one newspaper [published] in said 
county or counties ; or if there be no newspaper published in said 
county, by posting up printed or written notices, for three weeks, 
on the door of the court-house, and on the door of the post-office 

Am't of stock, nearest each terminus of the proposed road. When stock to the 
amount of five hundred dollars for every mile of the road intended 
to be constructed shall be subscribed, and five per cent, paid there- 
on, the subscribers may, upon due and proper notice, elect direct- 
ors for the said company, not less than three in number, who shall 

subscribe arti- hold their offices until others are elected. The stockholders shall 
c,es * severally subscribe articles of association, in which shall be set 

forth the name of the company, the number of years that it is 1o 
exist, which shall not exceed thirty years from the date of said ar- 
ticle ; the number of shares of which the said stock shall consist; 
the names of the directors first elected; the places from and to 
which the proposed road is to be constructed, and each township, 
town, or city, through which it is intended to pass, and its length, 
as near as may be ; the name of each subscriber, and his place of 
residence, and the number of shares of stock subscribed by him. 

Affidavit. Upon the filing of said articles of association, with an affidavit of 

at least three directors affixed thereto, that the foregoing requisi- 
tions have in good faith been complied with, in the office of the 
secretary of state, the subscribers of stock as aforesaid, and all 
persons who shall from time to time become stockholders in said 



ROADS— PLANK. , 139 

association, shall be a body corporate, and shall possess and exer- 
cise all the powers and privileges of bodies corporate. 

§ 2. A copy of any articles of association filed in pursuance of this Evidenee of in- 
act, with a copy of the affidavit, certified by the secretary of state, corporation, 
shall in all courts and places be presumptive evidence of the in- 
corporation of said company, and of the facts therein stated. 

§ 3. Within two weeks after the formation of any company by Dut y of di r ec - 
virtue of this act, the directors thereof shall designate some place 
within a county, in which, according to the articles of association of 
such company, its road, or some part thereof, is to be constructed, 
as the office of said company ; and shall give public notice thereof 
by publication in a public newspaper, published in such county, 
(if there be a newspaper so published,) for three successive weeks, 
and shall file a copy of such notice in the office of the clerk 
of tho county court of every county in which any part of such 
road is to be constructed. And if the place of such office 
shall be changed, like notice of such change shall be published and 
filed as aforesaid, before it shall take place ; in which notice the 
time of making the change shall be specified. Every notice, sum- 
mons, or other paper, required by law to be served on such com- 
pany, may be served by leaving the same at such office, with any 
person having charge thereof, at any time between nine o'clock 
a. m., and noon, end between two and five o'clock p. m., of any 
day, except Sundays and the fourth day of July. 

§ 4. It shall be the duty of the directors of said company to keep To keep office, 
at their office, by the secretary, treasurer, or clerk, a book contain- 00 s ' c " 
ing the names of all persons who are, or shall, within six years, 
have been stockholders of such comDany, a statement of their pla- 
ces of residence, the number of shares of stock held by them re- 
spectively, and the time "hen they respectively became the holders 
of stock ; which book shall, in office hours, as defined in section 
three of this act, be open for the inspection of all persons who may 
desire to examine the same ; and every and any person shall have 
the right to make extracts from such book. Such book shall be Book to be evi- 
presumptive evidence of the facts therein stated, in favor of the dence * 
plaintiff, in any suit or proceeding against said company, or against 
one or more stockholders. Every officer or agent of any company, 
who shall neglect to make any proper entry in such book, or shall 
neglect or refuse to exhibit the same, or allow the same to be in- 
spected and extracts to be taken therefrom, as provided by this 
section, shall be deemed guilty of a misdemeanor; and for every penalty' of offi- 
such refusal or neglect of such officer or agent, the company shall cers. 
forfeit and pay to the party injured a penalty of fifty dollars, and 
all the damages resulting therefrom. Every company that shall 
neglect to keep such book open for inspection as aforesaid, shall 
forfeit the sum of fifty dollars for every day it shall so neglect ; 
which penalty, when recovered, shall be paid into the treasury 
of the county, or if there be more than one, into the treasuries of the 
counties, in equal proportions, in which the road is constructed. 

§ 5. The shares of any company formed under this act shall be shares personal 
deemed personal property, and may be transferred as shall be pre- property, 
scribed by the by-laws of such company, but no transfer of stock 
shall be valid for any purpose whatever, except to render the per- 
son to whom it shall be transferred liable for the debts of such com- 
pany, according to the provisions of this act, unless such transfer 



140 



ROADS— PLANK. 



Notice. 



Board of direc 
tors. 



Ballot. 



shall be entered on the book required to be kept as aforesaid at the 
office of the company; and such entry shall shew to and from whom 
transferred, and the date of transfer. 

§ 6. The directors of any company incorporated under this act, 
may require payment of the sums subscribed to the capital stock, 
at such times, and in such proportions, and on such conditions, as 
they shall see fit, under the penalty of the forfeiture of their stock, 
and all previous payments thereon; and they shall give notice of 
the payments thus required, and of the place and time when and 
where the same are to be made, at least thirty days previous to the 
payment of the same, in one newspaper printed in each county in 
or through which the road is located, or by sending such notice to 
such stockholder by mail, directed to him at his usual place of 
residence. 

§ 7. The business and property of each company shall be man- 
aged and conducted by a board of directors, consisting of not less 
than three nor more than nine, who, after the first year, shall be 
elected at such time and place as shall be provided by the by-laws 
of such corporation, and public notice shall be given of the time 
and place of holding such election, not less than twenty days pre- 
vious thereto, in a newspaper printed in each county in or through 
which the road of such company may be located ; or if no newspa- 
per be published in such county, by posting up notices. The elec- 
tion shall be made by such of the stockholders as shall attend for 
that purpose, either in person or by proxy. All elections shall be 
by ballot, and each stockholder shall be entitled to as many votes 
as he shall own shares of stock, and the persons having the great- 
est number of votes shall be directors, and shall hold their offices 
for one year, and until others are elected. No person shall be a 
director unless he is a stockholder in the company, and no stock- 
holder shall be permitted to vote at any election for directors, on 
any stock except such as he has owned for the thirty days next 
preceding the election. Whenever any vacancy shall happen in 
the board of directors, such vacancy shall be filled for the remain- 
der of the year by the remaining directors. 

§ 8. Any company formed under the provisions of this act may 
procure, by purchase or gift, from the owners thereof, any lands, 
or the right of way over any lands, necessary for the construction 
of the proposed road; and may also agree to the use of any part of 
a public highway for the construction of a plank road, with the 
county court ot the county in which such highway may be situated. 
Such agreement with said court shall be in writing, and shall be 
filed and recorded in the office of the clerk of the said court. Be- 
fore constructing the road over such land as may be acquired by 
gift or purchase, or over any highway by agreement with the county 
Cause survey, court, such company shall cause an accurate survey of such road, 
or section of road, to be made by a practical surveyor, signed by- 
two of the directors, acknowledged by them as conveyances of real 
estate are required to be acknowledged, and filed in the office of the 
clerk of the county court. 

§ 9. Whenever said company shall be desirous of constructing 
a plank ro&d over any land not acquired by them by gift, purchase, 
or agreement, application shall be made to the county court of the 
county in which such land shall be, for authority to lay out and con- 
struct such road, and to take the land necessary for such purposes ; 



Vacancy. 



May procure 
right of way 



To apply to co 
court. 



ROADS— PLANK. 



141 



which application shall set forth the route of the proposed road as 
the same shall have been described in the articles of association. 
Public notice shall be given of such application, by publication for Public notice. 
four successive weeks in a newspaper published in said county, 
if there be one published, and by posting up, for four successive 
weeks, a written or printed notice thereof, on the door of the court- 
house of said county. 

§ 10. Upon the iiearing of the said application, all persons re- Parties to ap- 
siding in said county, and all persons having any interest in any P ear « 
real estate through which said road is intended to be constructed, 
may appear and be heard. Such county court may take testimony 
in relation to such application, and may adjourn the hearing from 
time to time, in its discretion. 

§ 11. The county court, if such an application be granted, shall Duty of county 

appoint three persons, having no interest in the stock of the pro- court - 

posed road, nor in the land over which said road is intended to be 

constructed, as commissioners to lay out said road. If such com- Three commis- 

panv shall intend to construct its road continuously in or through S10ners maybe 
i j o appointed. 

more than one county, three commissioners shall be appointed by 

the county court of each county, and the joint commissioners so 
appointed shall lay out the whole route. The said commissioners, to toke oath, 
after taking an oath justly, and fairly, and impartially to perform 
their duty, shall cause an accurate survey and description to be Their duty, 
made of such route, and of the land necessary to be taken for the 
construction of such road, and the necessary buildings and gates ; 
which survey shall be acknowledged as deeds are required to be 
acknowledged and riled in the ofHce of the clerk of the county 
court. Where joint commissioners act, appointed by different 
counties, they shall make a separate survey for each county, to 
be acknowledged, and filed as aloresaid. The commissioners ap- To assess dam- 
pointed by each county court, shall at the same time assess the a s es * 
damages which each owner or owners of land in their respective 
counties will sustain, over and above the additional value which 
such lands will derive from the construction of the road, and make 
a report thereof in writing, signed by a majority of the commis- 
sioners, to the county court appointing them. The said commis- 
sioners shall hear all persons interested, who shall apply to them To hear all per- 
to be heard. The company shall pay each of said commissioners sons int ' rest ' d 
two dollars for every day spent by him in the performance of his 
duties, and his necessary expenses. 

§ 12. No road shall be laid out through any orchard, to the inju- Orchards, &c, 
ry or destruction of fruit trees, or through any garden, nor through ^g^ be in " 
any dwelling-house, or buildings connected therewith, or any yards 
or enclosures necessary for the use and enjoyment of such dwel- 
ling, without the consent of the owner; nor shall any such compa- streams not to 
ny bridge any stream, where the same is navigable by steamboats, be obstructed. 
or iii any manner that will prevent or endanger the passage of any 
flat-b"at or raft of the width of twenty-five feet. 

§ 13. The route laid out and surveyed as aforesaid, shall be the Route as sur- 
route of said road ; and such company may enter upon, and take, and veyed. 
hold, subject to the provisions of this act, all such lands as the said 
sur\ ;y shall describe -as necessary for the construction of such road, 
and ihe necessan buildings and gates. But before entering upon To purchase 
any such lands, the company shall purchase the same of the owners lands * 



142 



ROADS— PLANK. 



thereof, or pursuant to the provisions of this act, acquire the right 
to enter upon and hold the same. 

in case of ina- § 14. If any owner of any such land shall, from any cause, be 

to sell land) 6 incapable of selling the same ; or if such company cannot agree with 

such owner, for the purchase thereof j or if, after diligent inquiry, 

the name and residence of any such owner cannot be ascertained, 

Company may the company may present to the county judge of the county in 
petition. which the lands lie, a petition setting forth the grounds of the ap- 

plication, a description of the lands in question, and the name and 
residence of the owner, if known, and the means that have been 
taken to ascertain the name and residence of such owner, if un- 
known, and praying that the damages of the owner of the lands 
described in the petition may be ascertained. 

Duty of judge. § J5 # Upon receiving such petition, the said judge shall appoint 
a time, at some regular or special term of the county court, for the 
hearing of the petition. At least ten days' notice of the time and 
place of the hearing of the petition, shall be served personally upon 
each owner of the lands described in the petition, if he reside in 
the state of Illinois ; and such notice shall be served on all other 
owners in like manner, or by publication thereof, for four succes- 
sive weeks, in some newspaper published in the county in which 
the lands lie ; or if there are none published in such county, then 
in the nearest newspaper ; the first of which publications shall be 
sixty days before the hearing. 

§ 16. At the time appointed for the hearing, if the assessment of 
damages reported by the commissioners be objected to by either 
party, by the consent of both parties, or those legally authorised to 
represent them, the county court shall assess and determine the 
damages which the owner of any lands will sustain, over and above 
the value the owner will derive from the building of the road. The 
court shall, in such assessment, hear any competent testimony either 
party may present, and shall have power, upon cause shewn, to ad- 
journ the hearing from time to time. The court shall, at the time 
of making the assessment of damages, also determine the amount 
that ought to be paid to the owner for the time spent and necessary 
expenses incurred by him in respect to the proceedings to deter- 
mine the damages; which shall be paid by the company. The as- 
sessment of the court, which shall contain the name of the owner 

A „!f es » smen , t of an d an accurate description of the lands to be taken, shall be en- 
tered of record, and such assessment shall be final. 

§ 17. At the time appointed for [the] hearing before the county 
court, if the assessment of damages reported by the commission- 
ers be objected to by either party, and a trial by jury demanded j 
or if there be no person legally authorised to act for the owner, it 
shall be so entered of record in the county court, and such entryj 
with a copy of the application, shall be certified by the clerk of the 
county court, and filed by him in the office of the clerk of the cir- 
cuit court, who shall docket the same. 

Coses for trial. § 18. Such case shall stand for trial in its order on the docket, 
at the term of the circuit court next after the filing of the papers by 
the county clerk as aforesaid, if the owner appears in person or by 
attorney, or if satisfactory evidence be furnished to the court by affi- 
davit, or the return of a sworn officer, that notice of the time and 
place of the hearing of the petition before the county court had been 



County court to 
assess and de- 
termine dama- 
ges. 



To hear testi- 
mony. 



court final. 



Trial by jury. 



ROADS— PLANK. 



143 



served upon the owners personally or by publication, as provided 
in section fifteen of this act. 

§ 19. In case any lands described in the petition shall be owned Lands own'd by 
by any married woman, infant, idiot, or insane person, or by a non- mamei1 co- 
resident of the state, and no person legally authorised to represent dent's &c. 
him, her, or them, shall appear, the circuit court shall appoint some 
competent and suitable person, having no interest adverse to the 
owner, to take care of the said owner's interest in the proceedings 
to assess damages to be paid to the owner. And all such notices as Notice, 
in the further progress of the case are required to be served on 
any owner, shall be served in like manner on the person so ap- 
pointed, but any person so appointed may at any time be superseded 
by the owner. 

§ 20. Cases of assessment of damages, except so far as is circuit court, 
otherwise provided by this act, shall be conducted in the circuit 
court, according to the rules of practice of said court, so far as 
such rules are applicable. The jury, after hearing the evidencef Verdict of jury 
and the parties, shall, by a verdict, ascertain and determine the 
damages which the owner of any lands will sustain over and 
above the value the owner will derive from the construction of 
the road, and also the amount that ought to be paid to him for the 
time spent and the necessary expenses incurred by him in the pro- 
ceeding to assess damages, to be paid by the company. Such ver- 
dict shall be in writing, signed by the jury, and shall contain a 
particular description of the land in respect to which it is found, 
and be entered of record. The court may, in its discretion, on the 
application of the company, direct two or more similar cases stand- 
ing for trial at the same term, to be submitted to the same jury. 

§ 21. Within thirty days after the rendition of any such verdict, Duty of comp'y 
or if a new trial be granted, or an appeal taken, within thirty days to pay. 
after the final trial, or decision in the appellate court, or within 
thirty days after the assessment of damages by the county court, if 
made by that court, the company shall pay to the person entitled to 
receive the same, the amount awarded by the county court, if tried 
by consent by that court, or awarded by the jury if tried in the cir- 
cuit court, or shall make a legal tender thereof to him j and the 
company may thereupon enter upon the lands in respect to which 
an assessment of damages has been made, and take and hold the 
same so long as it shall be used for the purposes of such a road as 
such company was formed to construct. 

§ 22. If any person be not a resident of this state, or cannot be Non-resident 
found therein after diligent search, the company may furnish to the maybeprovea 
county judge satisfactory proof, by affidavit, of such fact, and he ya avl ' 
shall thereupon make an order, that the amount to be paid to the 
owner shall be deposited with the county treasurer of the county 
in which the lands lie, for the use of the owner, and notice of such Notice, 
payment to be given by publication for four successive weeks in 
some newspaper published in said county, or if none be published 
in said county, in the nearest newspaper. Upon satisfactory proof 
being made to the judge, by affidavit, of such payment to the county 
treasurer, and publication, he shall make an order authorising the 
company to take possession of the land in respect to which the 
damages have been thus assessed and deposited, under which order 
the company may enter upon, take, and hold such land in the same 
manner, and with the same effect, as if payment had been made to 



144 



ROADS^PLANK. 



How construct- 
ed. 



Inspectors. 



Take oath. 



Road to be in- 
spected. 



Compensation. 

To certify. 
May erect toll 



Rates of toll. 



Liability of 
stockholders. 



AmH of debts 
of com r iny. 



Liability for 
excess. 



the owner personally. The orders and affidavits made under this 
section shall be filed in the office of the clerk of the county court. 

§ 23. Every plank road made by virtue of this act, shall be so 
constructed as to make a secure and permanent road, the track of 
which shall be made of plank, and in such manner as to permit 
wagons and other vehicles conveniently and easily to pass each 
other, and also so as to permit all vehicles to pass on and oft' where 
such road is intersected by other roads. 

§ 24, In each county of this state, in which there shall be any 
plank road constructed by virtue of this act, the county court shall 
appoint three inspectors of such roads, who shall not be interested 
in any plank road, and who shall hold their offices during the plea- 
sure of the court. Before entering on their duties they shall take 
an oath faithfully to perform the duties of their office, and file the 
same in the office of the clerk of the county court. 

§ 25. Whenever any such company shall have completed their 
road, or any two consecutive miles thereof, application may be 
made to any two of the inspectors, to be appointed as aforesaid by 
the court of the county in which the road, or the part thereof to be 
inspected, is constructed, to inspect the same ; which inspectors 
shall be allowed two dollars per day for the time necessarily em- 
ployed, to be paid by the company whose road they inspect; and if 
they find that the road so inspected, or two or more miles thereof, 
is constructed according to the true intent and meaning of this act, 
and is fit for use, they shall sign a certificate to that effect. 

§ 26. Upon filing a certificate as aforesaid of the inspectors, or 
two of them, in the office of the clerk of the county court, the 
company may erect one or more toll-gates upon the road, and may 
demand and receive toll, not exceeding the following rates : For 
every vehicle drawn by one animal, two cents per mile; for every 
vehicle drawn by two animals, three cents a mile ; for every vehi- 
cle drawn by more than two animals, three cents a mile, and one 
half cent additional a mile for every animal more than two ; for 
every ten of neat cattle, one cent a mile ; for every ten of sheep or 
swine, one cent a mile ; and for every horse and rider, or led horse, 
one cent per mile. 

§ 27. The stockholders of every company incorporated under 
this act, shall be liable in their individual capacity for the payment 
of the debts of such company, for an amount equal to the amount 
of stock they severally have subscribed or hold in said compa- 
ny over and above such stock, to be recovered of the stockholder 
who is such when the debt is contracted, or of any subsequent 
stockholder; and any stockholder who may have paid any demand 
against such company, either voluntarily, or by compulsion, shall 
have a right to resort to the rest of the stockholders liable, lor con- 
tribution. The dissolution of any company shall not release or 
affect the liability of any stockholder, which may have been incur- 
red before such dissolution. 

§ 28. The debts and liabilities of any company formed under 
this act shall not exceed in amount, at any one time, fifty per cent, 
of the amount of its capital actually paid in ; and if such debts and 
liabilities shall at any time exceed such amount, the stockholders 
who were such at the time any excess of debts or liabilities shall 
be created or incurred, shall be jointly and severally individually 



ROADS— PLANK. 



145 



liable for such excess, in addition to their other individual liability 
as provided in this act. 

§ 29. In any action against any company formed under the pro- Parties to suits. 
visions of this aot, the plaintiff miy include as defendants any one 
or more of the stockholders of such company, who shall, by virtue 
of the provisions of this act, be claimed to be liable to contribute to 
the payment of the plaintiff's claim; and if judgment be given 
against such company, in favor of the plaintiff, for his claim, or any 
part thereif, and one or more stockholders so made defendants shall 
be found to be liable as aforesaid, judgment shall be given against 
him or them, and shall shew the extent of his or their liabilities 
individually. The execution upon* such judgment shall direct the judgment and 
collection of the sum for which it may be issued, of the property execution, 
of such c>:npany liable to be levied upon by virtue thereof; and in 
case such property sufficient to satisfy the same cannot be found, Satisfaction of 
that the deficiency, or so much thereof as the stockholders who execut ' on - 
shall be defendants in such judgment shall be liable to pay, shall 
be collected of the property of such stockholders respectively. 
And if in any such action any one or more of such stockholders 
shall be found not to be liable for the demand of the plaintiff, or 
any part thereof, judgment shall be given for the'stockholders so 
found not to be liable, but no verdict or judgment in favor of any 
such stockholders shall prevent the plaintiff in such action from 
proceeding therein against the company alone, or against the com- 
pany and such defendants who are. stockholders as shall be liable 
for such demand, or some portion thereof. Suits may be bronght 
against one or more stockholders who are claimed to be liable for 
any debt owing by the company, or any part of such debt, without 
joining the company in such suit, but no such suit shall be so 
brought, until judgment on the demand shall have been obtained 
against the company, and execution thereon returned unsatisfied in 
whole or in part, or the company shall have been dissolved, and in 
such suit there may be a verdict and judgment in favor of any 
defendant not liable as aforesaid, but such verdict and judgment 
shall not prevent the plaintiff in such suit from proceeding therein 
against any defendant who shall be liable as aforesaid. 

§ 30. Where any services shall be rendered by any officer or Fees for ser- 
person in the proceedings under this act, and no specific f es have vice, 
been fixed by law, the compensation to be paid by the company to 
such officer or person, shall be taxed by the court under whose 
direction the services may have been rendered. 

§ 31. Any plank road, and its appurtenances, that may be con- Taxation, 
structed by virtue of this act, shall, for revenue purposes, be 
deemed real estate, and be liable as such to taxation. 

§ 32. All companies formed under this act, shall, for any viola- Forfeiture vf 
tion of its provisions, to be determined by a judicial investigation, cor P° rate 
forfeit its corporate privileges. Such companies shall at all times 
be subject to visitation and examination by the legislature, or a 
committee appointed by either house thereof, or by any officer or 
agent in pursuance of law. 

§ 33. Every company incorporated under this act shall cease to com'ytoc use, 
be a body corporate, if within two years from the filing of their ar- if °°* in ope " 
tides of association they shall not have commenced the construe- years. 
tion of their road, and actually expended thereon at least ten per 
cent, of the capital stock of such company; or if within five years 



146 



ROADS— STATE. 



County court 
authorised to 
take stock. 



from such filing of the articles of association such road shall not be 
completed according to the provisions of this act. 

§ 34. The county court of any county is hereby authorised to 
subscribe to the stock of any plank road lying in said county, to 
an amount not exceeding one-third of said stock, and such county 
shall be subject to all the liabilities and have all the rights of a 
stockholder, as provided by this act. 

Approved February 12, 1849. 



In force 
April 13, 1849. 

Commi'ners in 
Tazewell co. 

Do. in Logan co 

Do.in Macon co 



Boad in Greene 
co. state road. 



Com'issioners 
in Calhoun co. 



Com'issioners 
in McHenry co 



Com'issioners 
of Sangamon 
and Morgan 
counties. 



AN ACT to provide for the locaiion of certain state roads therein named. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That William Doolittle, of Taze- 
well county, and Robert Downing, of Logan county, and Edwisten 
McClellen, of Macon county, are hereby appointed commissioners 
to mark out and locate a state road from Pekin, in Tazewell county, 
through Postville and Mount Pulaski, in Logan county ; thence to 
Decatur, in Macon county. Two or all of said commissioners shall 
within six months from the passage of this act meet at Dillon, in 
Tazewell county, and proceed to perform the duties required by 
this act. 

§ 2. The road established as a county road leading from Carroll- 
ton, in Greene county, to Columbiana, is hereby declared a state 
road, and the several supervisors connected with said road shall 
open and work said road accordingly. 

§ 3. That Stephen Farrow, Augustus Bartlett, and William A. 
Shannon, of Calhoun county, are hereby appointed commissioners 
to view and locate a state road from the Illinois river, opposite to 
the town of Columbiana, in Greene county, to Hamburg, in Calhoun 
county, Illinois. 

§ 4. That D. Hammer, of McHenry county, and Daniel W. 
Lamb, of De Kalb county, and W. Pineo, are hereby appointed 
commissioners to view and locate a state road from Sycamore, in 
De Kalb county, through Charter Grove, to Marengo, in McHenry 
county, on the nearest and best route. 

§ 5. That James D. Smith, Barton Whereit, of Sangamon coun- 
ty, and Richard Nelson, of Morgan county, are hereby appointed 
commissioners to locate a state road, beginning at Waverly in Mor- 
gan county ; thence to the south-east corner of section four (4) in 
township fourteen (14) north of range eight (8,) west of third 
principal meridian ; and thence north to the line dividing the coun- 
ties of Sangamon and Morgan ; thence with the said line to the 
township line between townships fifteen and sixteen, and thence 
north, same course, to the county road on the line between sections 
thirty-four and twenty-seven, in township sixteen north, range 
eight, west of the third principal meridian; thence west with said 
line and said county road to the said line dividing said counties ; 
and thence north with said county line to the intersection thereof 
with the state road leading from Springfield to Beardstown ; and 
thence to some eligible point on Sangamon river at or near Miller's 
ferry. Said commissioners, or a majority of them, shall, within 



ROADS— STATE. 



147 



nine months from the passage of this act, meet at Waverlyand pro- 
ceed to perform the duties required of them by this act. 

§ 6. That Levi M. Bonham and Benjamin Matheny, of Jasper Com'issioners 
county, and William D. Crouch, of Clark county, are hereby ap- in J as]>erco. 
pointed commissioners to view and mark out a state road commen- 
cing at Newton, in Jasper county ; thence to the town of Granville; 
thence near the farm of William Seamon, in said county ; thence to 
Johnson's mill; thence to Martinsville, in Clark county. 

§ 7. That the proviso to the sixth section of the act entitled an Law of i847re- 
"act to locate a state road and build a. bridge, approved February 27, P ea 'ed. 
1847," be, and the same is hereby, repealed. And that Thomas 
Keys is hereby authorised to associate with him in the construction Thos. Keys ami 
of said bridge, John Carter, Robert Alterin, George W. Brooks, others t6 build 
and Alfred Tucker, instead of the said Alexander Wyatt and Wil- brid s e - 
Ham McAdams ; Provided, that the two latter persons consent 
thereto. And said Keys and his associates are hereby allowed 
three years from the passage of this act within which time to com- 
mence the erection of said toll-bridge. And the rate of lolls to be 
charged upon said bridge may be agreed upon between said asso- 
ciates and the county court of Clinton county. 

§ 8. That Thomas Jones, of Macon county, and A. G. Snyder cwissioners 
and McClure Wilson, of Moultrie county, are hereby appointed in Macon ami 
commissioners to meet at Sullivan, in Moultrie county, and mark Woultrie ' 
out and locate a state road from thence to Decatur, in Macon 
county. 

§ 9. That M. Cunningham, of Marion county, James Baldridge, Do. in Marion 
of Jefferson county, and Abner Jallifson, of Washington county, and Washing- 
are hereby appointed commissioners to review and locate a state tot " 
road commencing at Walnut Hill village; thence through Marion, 
Jefferson, and Washington counties, on the nearest and best route, 
to intersect the road from Nashville to Belleville at the Okaw 
Bottom. 

§ 10. That James M. Robinson, of Menard county, and William rjo. in M enar<J 
Lynn, of Cass county, and William H. Nehns, of Mason county, and Cass, 
and Hugh Lamaster, of Fulton county, are hereby appointed com- 
misioners to view and locate a state road commencing at Peters- 
burgh, in Menard county, via Sycamore ford, on the Sangamon 
river, and Bath, on the Illinois river, to Lewiston, in Fulton 
county. 

§ 11. That William Chinnoworth, Winfield T. Crane, and Michael Do. in wiiiiam- 
Snyder, are hereby appointed commissioners to view and locate a son and Perry, 
state road commencing at Marion, in Williamson county, to Pinck- 
neyville, in Perry county. 

§ 12. That Henry Porter, of Lee county, and Henry Childs, of Do. Lee co. 
Bureau county, and J. P. Thompson, of La Salle county, are here- 
by appointed commissioners to view and locate a state road com- 
mencing at Peru, in La Salle county ; thence to Knox's Grove, in 
Lee county. 

§ 13. That A. B. Sheriff, of Mercer county, and Samuel Wood do Merc, 
and Erastus Rice, of Warren county, are hereby appointed com- Warren, 
missioners to view and locate a state road commencing at Mon- 
mouth, in Warren county; thence to Keithsburgh, in Mercer 
county. 

§ 14. That E. L. Mago, of De Kalb county, and Calvin Spencer Do.DeKalb,&c 
and Franklin Sofford, of McHenry county, are hereby appointed 



rcer anil 



148 



ROADS— STATE. 



commissioners to view and locate a state road commencing at Syca- 
more, in De Kalb county ; thence to Marengo, in McHenry county; 
thence north on the section line, or as near as practicable, to the 
Chicago and Roscoe stale road ; thence to the state line, where the 
road from Douglass crosses said state line. 
CDtn'issionors § 15. That Elijah Wilcox, Augustus Adams, and Luther Her- 
of Kane co. r i c | ii G f Kane county, are hereby appointed commissioners to view 
and locate a state road commencing at a point on the state road be- 
tween Elgin and Sycamore ; thence to the village of Clinton ; thence 
across Fox river to, the state road between Elgin and the JDes 
Plaines river. 
Do. Bureau, La § 15. That John P. Thompson, of Peru, and Peter J. Dodge, of 
Salle, &c. Bureau county, and Solomon Porter, of Lee county, are hereby ap- 

pointed commissioners to view and locate a state road commencing 
at the point where the Chicago road crosses the Ottawa state road 
at Ovid A. Knox's Grove; thence along the Ottawa state road an 
easterly direction, from one to three miles ; thence south through 
the Dutch settlement, west of the village of Homei j thence to the 
village of Peru. 
County com'rs § 17. That the county commissioners' court of Lee county is 
of Lee co. hereby authorised to rile and record upon the records of said court, 
the report of Duncan Ferguson, of Winnebago county, and P. B. 
Bennett, of Ogle county, and Charles H. Sutphin, of La Salle 
county, commissioners appointed to view and locate a state road 
provided for in the second section of "an act to locate, re-locate, and 
establish certain state roads," approved March 1, 1847, and that the 
said report be deemed and taken to be as good and lawful as if the 
same had been made and recorded within the time prescribed by 
the aforesaid act. 
Acts of J. Mc- § A g. That the acts of John W. M'Lemore and A. W. Worthington, 
Leiiionj &^o .i- j n v j e vvinon, surveying, marking, and locating a state road, provided 
for in the eighth section of "an act to locate, re-locate, and estab- 
lish certain state roads," approved March 1, 1847, be, and the same 
are hereby, deemed to be as good and lawful as if all the commis- 
sioners named in said act, had joined and assisted in the duties as- 
signed them by said act. 
Datyofeach § 19. It shall be the duty of each and every board of commis- 

boardof C0!T1 " sioners appointed by this act, to meet at a suitable place, and as 
earlv as practicable proceed to view and ascertain the most eligible 
route, taking into view the shortest distance and the erection of 
bridges across water courses, and the permanency of the road; and 
in all cases they shall ascertain, as far as practicable, where dama- 
ges are due, or will be claimed by individuals through whose lands 
any of the roads hereby authorised may run, and report the proba- 
ble amount thereof, and the names of the owners of such lands 
and property, to the county comtnissioners' court of the county in 
which said lands may be situated' at the time of making their report. 
Com'rs in Km- ft 20. That Joseph I. Swanwiek, Anthony Steel, and James 
dolph & Perry. Steel, jr., of the counties of Randolph, Washington, and Perry, ore 
hereby appointed commissioners to view and locate a state road to 
commence at Nashville, in Washington county ; thence to Joseph 
Swanwiok's, in Perry county ; thence to Georgetown, in Randolph 
county; and thence to the town of Chester, in Randolph county. 
Road vacated. § 21. And whereas the trustees of schools of section sixteen in 
township fifteen (15) north of range eight (8,) west of the third 



ROADS— STATE. 



149 



re- 



principal meridian, and the owners of said section desire the vaca- 
tion of the road reservation therein ; therefore, 

Be it further enacted by the people of the state of Illinois, repre- And land 
serdcd in the general assembly, That the strip of land lour (4) rods stored to for - 
wide, running through the centre of said section from north to mer owneis- 
south, and which strip was laid off by said trustees in platting >aid 
section for sale for a road, and which strip, so laid off, was in the 
sale of said section reserved from sale for the purposes aforesaid, 
shall no longer be held and set apart 1'or the purposes of a public 
highway; and that said strip of land, so reserved as aforesaid, shall 
be held and enjoyed by the owners of the lots on either side of the 
same, the owner of each lot holding and enjoying the same to the 
centre thereof. 

§ 22. Said commissioners shall return a plat with the courses com'rs, make 
and distances, with such remarks in their report as they may deem P lat - 
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 each county through which any road may pass, giving an 
entire view of the location of the whole road, which shall be riled 
and recorded. 

§ 23. In all cases the compensation shall be as follows, viz ; Compensation. 
To a commissioner, one dollar per day ; to a surveyor, iwo dollars; 
to chammen, and axemen, and other hands, seventy-five cents for 
each day necessarily employed, exclusive of incidental' expenses 
for provisions, forage, and the hire of teams. They shall keep an 
accurate account of the time employed and the amount of expenses 
incurred, the person to whom due, 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 distance or length of road in each county as contemplated, as 
certified by the road commissioners, a lull exhibit being made to 
each court, which allowance shall be made by the respective 
courts. 

§ 24. It shall be the duty of each and every commissioners' Duty of com'rs' 
court through whose county any road herein authorised and estab- court. 
Iished may pass, to cause the same to be opened, worked, and kept 
in good repair, as far as the road labor of the hands of the county 
ai;d the means of the county will justify. 

§ 25. In all cases of road commissioners or reviewers appointed To be sworn 
hy the state, or any county commissioners' court, it shall be lawful b yJusticeof 
for them to be sworn in by a justice of the peace, or any clerk or tnepeace - 
other officer authorised by law to administer oaths. 

§ 16. Any two commissioners appointed by this act shall con- Board of re- 
stitute a board of reviewers, and '.hey may view and locate the pro- viewers - 
Dosed roads, and the concurrent acts of any two of them shall be 
held to be in full compliance with this act. 

§ 27. That part of the state road leading from Franklin to Jack- R osdfrom 
:-on\ile that passes through the town of Liberty, in Morgan Franklin to 
county, is hereby changed, as follows, viz: The said road, when Jacksonville, 
it strikes lot number nine running from [Franklin to] Jackson- 
ville, shall run north to the line between lots eight and nine ; 
thence west en the line between lots number eight and nine, to the 
north-west corner of lot nine ; thence north on the line between lots 
number seven and eight to the south-east corner of lot number t\\ o; 
thence west on the line between lots two and seven, to the south- 



150 KO ADS— STATE. 

east corner of lot number three, to intersect the present road at 
that place. It shall be the duty of the supervisor to work the said 
road as hereby changed. 

Approved February 12, 1849. 



In force AN ACT to locate a state road therein named. 

April 13, IS49. 

com'rs in Jack- Section 1. Be it enacted by ihe people of the slate of Illinois, 
son * ni Ran ' represented in ihe general assembly, That James Barrow and Wil- 
liam Bradley, of Jackson counly, together with John Gillespie, of 
Randolph county, be, and they are hereby, appointed commissioners 
to lay out and establish a st.ite road which shall commence at or near 
the house of William Bradley, in Jackson county, and run a west- 
erly direction, as nearly as the nature of the ground will permit, 
until it intersects the iVlurphysboro and Chester road, in Gillespie's 
prairie, in Randolph county — having due regard to private pro- 
perty. 

To meet on first § 2. That said commissioners shall meet on or before the first 
of July. jj a y f j u iy i jn the year of our Lord one thousand eight hundred 

and forty-nine, or as soon thereafter as possible, at the house of 
William Bradley, and take an oath before some justice of the peace 
of Jackson county, to perform the duties required of them by this 
law. 

To make two § 3. When said commissioners shall have viewed the said 
plats. ground, and shall have established the said road, it shall be their 

duty to make two plats of the same — one for the county of Jackson, 
and one for the county of Randolph, and proceed to lay said plats 
before the commissioners of said counties, or their respective county 
courts, as the case may be, as soon as practicable after the comple- 
tion of said plats. 

Plats to be evi- § 4. That said plats shall be evidence hereafter in all courts of 
dence. record in this state ; and it shall be the duty of the county com- 

missioners, or county courts, as the case may be, to record the said 
plats in the books of their respective offices. 
Approved January 25, 1849. 



In force A N ACT giving certain commissioners further time to make their report. 

April 13, 1849. 

Section 1. Be it enacted by the people of ihe state of Illinois, 
represented in the general assembly, That Eli Barnes, John E;i*ter- 
brooks, and Jesse Kellogg, commissioners appointed to view, sur- 
vey, and locate a road from Ottawa, in La Salle county, to Madison, 
the seat of government of Wisconsin territory, be allowed until the 
first of November, a. d. 1849, to make their report. 

Approved January 25, 1849. 



ROADS— STATE. |5J 

AN ACT to establish a state road from Mulkytown, in Franklin county, to In force 

Chester, in Randolph county. April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, Com'rs in Per- 
represented in the general assembly, That Ephraim G. Reese and ^Qi p ^ d Ran " 
Jonathan G. Clark, of Perry county, and Isaac Brown, of Randolph 
county, be, and they are hereby, appointed commissioners to lay 
out and establish a state road which shall commence at Mulky- 
town, in Franklin county, and run to Duquoin, in Perry county ; 
thence to Beaucoup creek, at or near Cox's old ford ; thence to 
Plum creek, where the Pinckneyville and Liberty road crosses 
said creek; thence to Georgetown, in Randolph county; and thence 
to Chester, in Randolph county aforesaid. 

§ 2. It shall be the duty of said commissioners to proceed to Duty of com'rs. 
Duquoin, in the county of Perry, upon the first of August after 
the passage of this act, or as soon thereafter as they may find con- 
venient, and after having been sworn by some acting justice of the 
peace of said county, to view, mark, and locate a road as above 
designated — having due regard to private properly. 

§ 3. When the said commissioners shall have laid out and estab- To make plat, 
lished the said road as aforesaid, they shall make out and deliver 
to the clerks of the counties through which said road passes, a 
copy or plat of said road ; which plat, when so received by said 
clerks, shall be entered of record in their several offices, and the 
said entries, when so made, shall be evidence in all courts of this 
state of the existence of said road. 

§ 4. The county commissioners, or county judges, as the case 
may be, of the several counties through which said road passes, 
shall allow to the said commissioners, and to the said clerks, a rea- 
sonable compensation for their services rendered as aforesaid, in 
proportion to the amount of labor performed in each county. 

Approved February 2, 1849. 



AN ACT to re-locate a part of the Wabash and Sheibyville state road. In force 

Feb. 9, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, state road re- 
repres»nfed in the general assembly, That so much of the Wabash vived - 
and Sheibyville state road as was vacated by the act of the legisla- 
ture, approved March 1, a. d. 1847, is hereby revived, with some 
alteration, that is to say — commencing at the end of the re-location 
of said road as located by said act, approved March 1, a. d. 1847, 
where said road crosses the range line between townships eight 
and nine ; thence to follow the old location to the west line of James 
DelzePs land ; thence upon a direct line to Muddy creek bridge ; 
thence to Willow creek bridge, with the old location ; thence to the 
town of Bellair, as re-located by the county commissioners' court of 
Crawford county ; thence from said town Belhur to Benjamin Ma- 
theney's, in Jasper county, as now opened and kept in repair, be, 
and the same is hereby, declared a part of the Wabash and Sheiby- 
ville state road, and it shall be the duty of the county commission- 
ers' courts of Crawford and Jasper counties to keep the same in 
repair. 

§ 2. This act to take effect from and after its passage. 

Approved February 9, 1849. 



152 



ROAD TAX— SCHOOL DISTRICT. 



In force 
Feb. 12, 1849. 

Duty of clerk of 
coimty couit. 



Duty of collec- 
tors. 



Duty of super- 
visors. 



To apply to '49. 



Clerk to make 
out list. 



AN ACT regulating the collection of the road tax. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That hereafter the clerk of the 
county court shall not include in the lists required to be made out 
for the supervisors of roads, any road tax on lands or town lots 
which have not been listed by residents of the county ; but shall 
charge the same, together with the revenue and other special tax, 
on the tax list made out for the collector. 

§ 2. The collector shall collect the road tax aforesaid, and pay 
the same into the county treasury, to be disbursed and paid over 
to the supervisors of the several road districts, in proportion to the 
amount of property assessed in said districts upon which said tax 
was levied. The supervisors of the several road districts shall 
disburse the amount of tax received by them as aforesaid, and make 
return in the same manner as other road tax collected by them. 

§ 3. The provisions of this act shall apply to the assessment 
made in the current year, (1849) and subsequent years. 

§ 4. The clerk shall make out the list of resident road tax from 
the assessment of the previous year, which shall be delivered to 
each supervisor, on or before the first day of May in each year, 
including the current year, (1849.) 

§ 5. This act shall take effect from and after its passage. 

Approved February 12, 1849. 



In force 
Fell. 8, 1849. 

School direct'rs 
to be supervi- 
sors. 



Powers and du 
ties. 



Proof. 



Witnesses. 



AN ACT to an end the act entitled "an act forrr.ij g the villcge of Prairie du 
Pont into a school district." 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, That the school trustees au- 
thorised to be elected by the first section of the act entitled "an act 
forming the village of Prairie du Font into a school district," ap- 
proved February 20, 1847, are hereby created "supervisors of the 
common of Prairie du Pont." 

§ 2. The said supervisors of the cemmon of Prairie du Pont, 
and their successors in office, shall have power to institute and. 
maintain actions of trespass in any court having jurisdiction of the 
same, and before any justice of the peace of said* county of St. 
Clair, for the benefit of the citizens of Prairie du Pont, against any 
person or persons trespassing upon the commons attached to said 
town. 

§ 3. In all actions brought against any person or persons for tres- 
passing upon said common, it shall be competent for the said plain- 
tiffs to prove by parol the extent and boundaries of said comn ons; 
and a certificate, signed by the judge holding said election for 
school trustees, shall in all cases be deemed sufficient evidence of 
the election of said trustees. 

§ 4. In all actions arising under this act, or the act to which this 
is an amendment, the inhabitants of Prairie du Pont village shall 
be competent witnesses and jurors. 

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

Approved February 8, 1849. 



SCHOOL FUNDS— COMMON SCHOOLS. 



153 



AN ACT to provide for the equitable distribution of school funds in Effing- In force 

ham, Clay, and Cumberland counties. Jan. 30, 1849. 

Section 1. Be it enacted by the people of the stale of Illinois, 
represented in the general assembly, Tliat the school commissioners 
of Effingham, Clay, and Cumberland counties, be, and they are 
hereby, required to divide and apportion the interest on the school, 
college, and seminary fund, for each of said counties respectively, 
which occurred for the year eighteen hundred and forty -eight, 
among the several townships of said counties, upon an enumeration 
to be made on or before the first Monday of April, a. d. 1S49. 

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

Appboved January 30, 1849. 



AN ACT to establish and maintain common schools. In force 

April 13, 1SJ9. 
COMMON SCHOOL LANDS. 

Section 1. Be it enacted by the people of the stale of Illinois, Common school 
repiesenied in the general assembly, That section number sixteen in lands * 
every township, granted to the state by the United States lor the 
use of schools, and such :>ections or parts of sections as have been 
or may be granted as aforesaid, in lieu of all or part of section 
number sixteen, and also the lands which have been or may be se- 
lected and granted as aforesaid, for the use of schools, to the inhab- 
itants of fractional townshi] s, in which there is no section number 
sixteen, or where such section shall not contain the proper propor- 
tion 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. 

§ 2. All the business of such townships, so far as relates to Business in the 
common school lands, shall be transacted in that county which con- co'ty with the 
tains all, or the greater portion, of said lands. If any person shall, cl the iand!° n 
without being duly authori>ed, cut, fell, box, bore, destroy, or carry penalty for in- 
away, any tree, sapling, or log, standing or being upon any school juiing timber, 
lands, such person shall forfeit and pay, for every tree, sapling, or 
log, so Jelled, bo>xed, bored, destroyed, or carried away, the sum of 
eight dollars ; which penalty shall be recovered, with costs of suit, Note of prose- 
by action of debt or assumpsit, before any justice of the peace hav- cutl0IN 
ing jurisdiction of the amount claimed, or in the county or circuit 
court, either in the corporate name of the trustees of schools of the 
township to which the land belongs, or by action qvi 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 town- 
ship aforesaid. When two or more persons shall be concerned in 
the same trespass, they shall be jointly and severally liable lor the 
penalty herein impo»ed. Every trespasser upon common school Pen'ltyfortres- 
lands shall be liable to indictment, and upon conviction, fined in P as6> 
three times the amount of the injury occasioned by said trespass, 
and shall stand committed as in other cases of misdemeanor. All Fines, how ap- 
penallies and fines imposed under the provisions of this section, shall P r °P nated * 



1 54 SCHOOLS— COMMON. 

be paid to the township treasurer, and be added to the principal of 
Proviso. the township fund ; Provided, that when recovered by action qui 

tam, one half only shall be paid. 

STATE SUPER1NTESDANT HIS DUTIES. 

secretary state § 3. The secretary of state shall be ex officio state superinfend- 

supe^intend'* 6 ant of common schools. He shall counsel and advise, in such man- 

his duties. ner as he may deem most advisable, with experienced and practical 

school teachers, as to the best manner of conducting common 

schools, and the most approved text books, maps, charts, apparatus, 

&c, to be used in common schools. 

Address circu- § 4, Said superintendant shall have the supervision of all the com- 
1 mon schools in the stale, 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 con- 
ducting schools, constructing school houses, and procuring compe- 

Recotnmend tent teachers. He shall recommend the most approved text books, 
^oo s, c ar s, ma p S) 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 sys- 
tem of practical operation the means of supporting common schools 
in the state. 

Make report. § 5. The state superintendant 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-one 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. 

County school § 6. On the Tuesday next after the first Monday in November . 

com'issioners. neyt) and Qn tne T uebday nex t after the first Monday in November, 
every two years thereafter, there shall be elected, by the qualified 
voters of each and every count) in this state, a school commis- 

To file bond, sioner, who shall execute the duties herein required. He shall, 
1 before entering upon his duties, execute a bond, payable to the peo- 
ple of the state of Illinois, with two or more responsible freehold- 
ers as security, to be approved by the county court, in a penalty of 
not less than twelve thousand dollars, to 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 free; 
by which bond the obligors shall be bound jointly and severally, 
and upon which an action, or actions, may be maintained by Lrus- 



SCHOOLS— COMMON. ]55 

tees of schools of the proper township, for the use of any town- 
ship or fund injured by any breach thereof; and joint action may 
be had for two or more funds. 

§ 7. The bond required in the foregoing section shall be in the 
following form, viz : 

, ;; . . Form of school 

State oj Illinois, 1 com'rs 5 bond. 



county. 



Know all men by these presents, that we, A. B., C. D., and E. 
F., are held and firmly bound, jointly and severally, unto the peo- 
ple of the state of Illinois, in the penal sum of dollars, 

to 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.. school commissioner of the county aforesaid, shall 
faithfully discharge all the duties of said office according to the 
laws which now are, or may hereafter be in force, and shall de- 
liver over to his successor in office, all moneys, books, papers, and 
property in his hands, as such school commissioner, then this obli- 
gation to be void ; otherwise to remain in full force and virtue. 

A B , [seal.] 

C D , [seal] 

E F , [seal.] 

§ 8. All contests in relation to the election of school commis- contested elec- 

sioners shall be decided as in relation to sheriffs and coroners ; and tl0ns . of com " 

, , ,, . ., m „ , i • • missioners. 

when any vacancy shall occur in the office of school commissioner, 

the county clerk shall give ten days' notice of the time and place Vacancy. 
of holding an election to fill such vacancy. He shall be elected by 
the legal voters of the county, and shall give bond and security as 
required in section seven hereof. The school commissioner- shall To collect de- 
attend to the collection of all demands in favor of the several town- ^"same". 3P " 
ships of his county, to settling the accounts of trustees, and, when 
necessary, to the prosecution of suits for the recovery of demands 
in favor of townships ; and all moneys collected shall be applied 
as required by law. 

§ 9. The said commissioner shall be liable to removal by the To be subject 
county court, for'any palpable violation of law, or omission of duty ; !j? ^Mwbono! 
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. 

§ 10. The said commissioner shall provide three well bound Provide books 
books, to be known and designated by the letters, A, B, C, for the *"J d> make rC " 
following purposes : In book A, he shall record at length, all pe- 
titions presented to him for the sale of common school lands, and 
the plats and certificates of valuation made by or under the direc- 
tion of the trustees of schools, and the affidavits in relation to 
the same. In book B, he shall keep an account of all sales of com- 
mon school lands; which account shall contain the date of sale, name 
of purchaser, description of lands sold, and the sum sold for. In 



156 



SCHOOLS— COMMON. 



book C, he shall keep a regular account of all moneys received for 
lands sold, or otherwise, and loaned or paid out; the person of 
whom received, and on what account, and showing whether it is 
principal or interest; the person to whom loaned, the time for 
which ihe loan was made, the rate of interest, the names of the 
securities, when personal security is taken, or if real estate be 
taken as security, a description of said real estate, or if paid out, 
to whom, when, and on what account, and the amount paid out ; the 
list of sales, and the accounls of each township fund to be kept 
Books, how separate. Said books shall be paid for out of the count) treasury 
paid for. f jj ie cou ,,ties in which they are used. 

com'r to rec've § 11. Whenever the bond of the township treasurer, approved 
and file bond of by the trustees of schools, as required by law, shall be delivered 
surer! 1P 16a " by said trustees of schools, or either of them, to the school com- 
missioner, he shall receive and file the same with the papers of the 
And deliver his uffice. He shall then, on demand, deliver to said township 
town'i> funds, treasurer, who shall receipt therefor, all moneys in his hands be- 
longing to said township; also, all bonds, morlgages, notes, and 
securities of every description, for money or properly due or to 
become due the township, and all papers of every description, be- 
longing, or in anywise pertaining, to the rights or interest of said 
township; and the receipt of said treasurer to the school commis- 
sioner shall be carefully preserved, and shall be evidence of the 
facts therein stated, as well in favor of the school commissoner as 
against the township treasurer. 
Apportion am't § 12. Upon receipt of the amount due upon the auditor's war- 
d's warrants" rant ' as provided in section eighty hereof, the school commis- 
inratioof chit- sioner shall apportion said amount (except ihe two per cent. 
dren - allowed said commissioner, as in section eighty -four hereof,) to the 

several townships and fractional townships in his county, according 
to the number of white children under the age of twenty-one years, 
and shall pay over the distributive share belonging to each town- 
ship and fractional township as aforesaid, to the respective town- 
County (school ship treasurers, or other authorised persons, annually. When there 
fund to be j s a coun ty school fund in the hands of any school commissioner, it 
shall be loaned, and the interest applied as provided in this section 
with respect to the interest on the state fund. 
Com'r ex officio § 13. Each and every school commissioner shall be ex officio 
superintenu't. superintendent of common schools in his county, and shall, by him- 
To visit scho'ls self or some other qualified person, as often as practicable, visit all 
the townships in bis county, inquire into the condition and manner 
of conducting schools in the same, and use his influence to carry 
To examine cut the system proposed by the state superintendent. He shall, 
teachers. 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 
Qualification of properly to teach orthography, reading in English, penmanship, 
teachers. arithmetic, English grammar, modern geography, and the history 
of the United States; and if he shall find such person of good 
moral character, and qualified properly to teach all the aforesaid 
branches, he shall give such person a certificate of qualification; 
Certificate good which certificate shall be good and valid in said county for one 
for one year. y ea r, f rorn the date thereof; but the directors of any school district 
may, under their hands as directors, request the proper examining 



SCHOOLS— COMMON. 



157 

officer or officers of their township to examine any teacher propo- Town'p officers 
sing' to teach a common school in their district, upon any of the ma y examine 
above specified branches, and to give a certificate of qualilication C iHed branch" 
to teach the branches specified in such request, if such teacher and give certi- 

shall be found qualified to teach such branches; which certificate, Jjcate for speci- 

1 .. 1 1 - i tiet ' branches, 

when given, shall be as good and valid to all intents and purposes 

in the district of such directors as if such teacher had received 
the proper certificate for all of said seven branches ; or a certificate 
may be given as provided in section forty-six hereof. The said Duty of super- 
School commissioner shall, also, by the first day of November be- intend't of co. 
fore each session of the general assembly, communicate to the state gtate^suDerin- 
superintendant all such information upon the subject of common dant. 
schools in the county, as the state superh:tendant is bound to em- 
body in his report to the governor, and such other information as 
the state superintendant shall require. The certificate to the 
teacher may be in the following form, viz : 

I, , school commissioner of county, having ex- Form of certili- 

amined A. 13., do certify that he (or she) sustains a good moral cate * 
character, and that he (or she) is well qualified to teach the fol- 
lowing branches, viz : Orthography, reading in English, penman- 
ship, arithmetic, English grammar, modern geography, and the 
history of the United States. 

Witness my hand, this day of , 18 

C. D., School Commissioner. 

[§ 14. The school commissioner, upon his removal or resigna- c om > r to deiiv- 
tion, or at the expiration of his term of service, (or in case of his crover books, 
death, his representatives,) shall deliver over to his successor in P a l >ers » &c * 
office, on demand, all moneys, books, papers, and personal property, 
belonging to the office, or subject to the control or disposition of 
the school commissioner.] 

§ 15. The school commissioner may loan any money, not in- Com'r may loan 
terest, belonging to the county fund, or to any township fund, be- m( ' n ^y_ not cal " 
fore the same is called for according to law by the township trea- 
surer, at the same rate of interest, upon the same security and for 
the same length of time as is provided by this act in relation to the 
township treasurers ; and notes and mortgages taken in the name Notes, mortga- 
of the 'school commissioner" of the proper county, shall be, and ges, &c, tobe 
all loans heretofore made in the name of "school commissioners," 
are hereby, declared to be as valid as if taken in the name of "trus- 
tees of schools" of the proper township, and suits may be brought 
in the name of "school commissioners," on all notes and mortgages 
heretofore or hereafter made payable to school commissioners. 



SALE OF COMMON SCHOOL LANDS. 



§ 16. When the inhabitants of any township or fractional town- Sc]l00l ] am i s 
ship shall desire the sale of the common school land of the town- how to apply 
ship or fractional township, they shall present a petition to the for sal0 ' 
school commissioner of the county in which the school lands of the 
township, or the greater part thereof, lie, for the sale thereof; which 
petition shall be signed by at least two-thirds of the white male 
inhabitants of the township or fractional township, of and over 
twenty-one years ot age. The signing of the petition must be in Petition — 



158 



SCHOOLS— COMMON. 



How to be sign 
cd, &c. 



Proviso. 



Lands, how 
sold. 



To be valued. 



Eighty acres. 



Roads, &c. 

Terms of sale. 
Privilege to 

borrow school 

money. 



Place oi sale. 



Notice. 



Process of sale. 



the presence of two citizens of the township, after the true mean- 
ing thereof shall have been explained, and when signed, an affida- 
vit shall be affixed thereto, by the two citizens proving the signing 
in the manner aforesaid, and stating the number of white male 
inhabitants in the township or fractional township, of and over 
twenty-one years of age; and said petition so proved shall be de- 
livered to the school commissioner 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 town- 
ships may be sold when the number of inhabitants and number 
of acres are in the ratio of fifty to six hundred and forty, but not 
before. 

§ 17. When the petition and affidavits are delivered to the school 
commissioner as aforesaid, he shall notify the trustees of schools of 
said township thereof, and said trustees of schools shall immedi- 
ately 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 forever ascertained. Said trustees of 
schools shall then fix a value on each lot, having regard to the terms 
of sale, certify to the correctness of the plat, (stating the value of 
each lot per acre, or per lot, if less than an acre,) and referring to 
and describing the lot in the certificate, so as fully and clearly to 
distinguish and identify each lot ; which plats and certificate shall 
be delivered to the school commissioner, and shall govern him in 
advertising and selling said lands. 

§ 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 hereaftermade, are hereby declared legal; and all such roads, 
streets, and alleys, public highways. 

§ 19. The terms of selling common school land, shall be 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 five years, upon his 
paying interest and giving security, as in case of money loaned by 
township treasurer, as provided in section fifty hereof. 

§ 20. The place of selling common school lands shall be at the 
court-house of the county in which the lands situated ; or the trustees 
of schools may direct the sale to be made on the premises ; and 
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, by posting notices thereof 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. 

§ 21. Upon the day appointed, the school commissioner shall 
(iroceed 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 



SCHOOLS— COMMON. 



159 



by the trustees of schools. Sales shall be made between the hours Hour of saie,&c 
of ten o'clock, a. m., and six o'clock, p. m., and may continue lrum 
day to day. The lots shalJ be cried separately, and each lot cried 
long enough to enable any one present to bid who desires it. 

§ 22. Upon closing the sales each day, the purchasers shall each Purchaser to 
pay, or secure the payment of the purchase money, according to secure paym't 
the terms of sale; or in case of his failure to do so by ten o'clock i am i ( be a- 
the succeeding day, the lot purchased shall be again offered at pub- gain sold. 
lie 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, First purchaser 
the former purchaser shall be required to pay the difference be- t0 pay differ- 
tween his bid and the valuation of the lot; and in case of his fail- f" c C ted.° WC °" 
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 where 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 dollars, the suit may 
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. 

§ 23. All lands not sold at public sale, as herein provided for, in case lands 
shall be subject to sale at any time thereafter, at the valuation ; and n °* sol(I ' com ~ 
school commissioners are authorised and required, when in their "t private sale. 
power, to sell all such lands at private sale, upon the terms at 
which they were offered at public sale. 

§ 24. In all cases where common school lands have been Lands unsold 
heretofore valued, and have remained unsold for two years after for tw0 years, 
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 
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 
township will be promoted thereby. They shall make said second 
valuation in the same manner as the first was made, and shall de- 
liver to the school commissioner a plat of such second valuation, 
with the order of vacation to be entered as aforesaid; whereupon com'rtoseil. 
said school commissioner shall proceed in selling said land in all 
respects as if no former valuation had been made ; Provided, that Proviso. 
the second valuation may be made by the trustees of schools with- 
out petition as provided in section seventeen hereof. 

§ 25. Upon the completion of every sale by the purchaser, the sales to be en 
school commissioner shall enter the same on book B, and shall de- tered - 
liver 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 facts Certificate. 
therein stated, 

§ 26. At the first regular term of the county court in each com'r to report 
year, the school commissioner shall present to the court of his t0 co ' tv court. 
county — first, a statement showing the sales of school lands made Form of report . 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book, (book B) ; second, state- 



J (50 SCHOOLS— COMMON. 

ments of the amount of money received, paid, loaned out, and on 
hand, belonging 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 i'acts in regard to 
lands which are required to be stated upon the loan book ; all of 
which the county court shall thereupon examine and compare with 
the vouchers, and the said county court, or so many of them as 
may be present at (he term of the court, shall be liable individually 
to the fund injured, and to the securities of said school commis- 
sioner, in case judgment be recovered of said securities, tor all 
damages occasioned by a neglect of the duties, or any of them, re- 
Proviso, quired of them by this section ; Provided, nothing herein contained 
shall be construed to exempt the securities of said school commis- 
sioner from any liability as such securities, but they shall still be 
liable to the fund injured, the same as if the county commissioners 
were not liable. 
Co.-n'r to for- § 27. The school commissioner shall, also, at the time aforesaid, 
ward trans'pt transmit to the auditor of public accounts, a full and exact transcript 
o au i or. f rora book B, of all the sales made subsequent to each report. 
The statements in section twenty-six hereof, required to be present- 
Duty of clerk of e( j to the county court, shall be preserved and copied by the clerk 
and^uditor" ' °' sa ' c ^ Cl,urt i nto a we ^ bound book kept for that purpose, and 
the list transmitted to the auditor shall be filed, copied, and pre- 
served in like manner. 
Patent to pur- § 28. Every purchaser of common school land shall be entitled 
chaser. ^o a patent from the state, conveying and assuring the title. Pat- 
ents 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 governor, 
countersigned by the auditor, with the great seal of the state affixed 
Auditor. thereto by the secretary of state, and shall operate to vest in the 
purchaser a perfect title in fee simple. When patents are executed 
as herein required, the auditor shall note on the list of sales the 
date of each patent, in such manner as to perpetuate the evidence 
of its date and 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 origi- 
nal certificate of purchase ; which certificate, when returned, shall 
be filed and preserved by the school commissioner. 
Duplicate certi- § 29. Purchasers of common school lands, and their heirs and 
g^ es on pi '~ 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. 

Townships. § 80. 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 

Trusts dec- 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, 

Name, style, &c by the name and style of "trustees of schools, of township 



SCHOOLS— COMMON. \Q\ 

range ," according to the number. The said corporation shall Powers. 

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 Tenure of trus- 
office two years, and until others are elected and enter upon the tees * 
duties of their office. 

§31. No person shall be eligible to the office of trustee of Qualification of 
schools, unless he shall be twenty-one years of age, and a resident trustees - 
of the township. 

§ 32. The election of trustees of schools shall be on the second Election of 
Saturday of January, biennially, but in townships where such elec- trustees, 
tion 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 bein^ given as hereinafter in this section required. 
The first election shall be ordered, if in townships already incorpo- 
rated, by the trustees of schools of the township, the township Notice, 
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, at or 
in the school house, or in the most public place in every school dis- co'ty clerk may 
trict in the township. If there ar.e no trustees of schools in a town- s iy e notice, 
ship, the clerk of the county court shall cause the notice to be 
given as aforesaid. For all subsequent elections, the like notices 
shall be given by the trustees of schools, through the township p rov iso. 
treasurer ; Provided, that if, upon any day appointed as aforesaid, 
for election aforesaid, the said trustees of schools, or judges, as 
specilied in section thirty-four hereof, shall be of opinion, 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, and [at] 
the same place and hour; at which meeting the voters shall pro- 
ceed as if it were not a postponed or adjourned meeting ; And 
provided, also, that if notice shall not have been given as above 
required, then, and in that case, said election may be ordered as 
aforesaid, and holden on the first Saturday in February, or any 
other Saturday ; notice thereof being given as aforesaid. 

§ 33. That if the inhabitants of a township shall choose, they inhabitants may- 
may, at any meeting, as in section thirty-two aforesaid, adopt the subsPutecom- 
school commissioner to be in place of and discharge the duties of trustee." 
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. 

§ 34. Two of the trustees of schools of incorporated townships, officers of eiec- 
if present, shall act as judges, and one as clerk of said election. ^ on ' 
If said trustees shall fail to attend, or refuse to act when present, 
and in townships unincorporated, the qualified voters present shall 
choose from amongst themselves three judges and a clerk to open 
and conduct said election. 

§ 35. The time and manner of opening, conducting, and closing Mode of elec' 
said election, and the several liabilities appertaining to the judges ti°ns, &c. 
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 v 

00 



162 



SCHOOLS— COMMON. 



Voters. 
Tie. 

Vacancy. 



Poll-boo'c de- 
livered to 
com'r. 



Powers of trus- 
tees and suc- 
cessors. 



Trust's to meet 
half yearly, and 
duty. 



Trustees' duty 



Funds. 



To distribute. 



Manner of dis- 
tribution. 



the provisions of this act; Provided, the judges may close said 
election at four o'clock, p. m. 

§ ob". 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. 

§ 37. When a vacancy or vacancies shall occur in the board of 
trustees of schools, the remaining trustee or trustees shall order an 
election to till such vacancy, upon any Saturday ; notice to be given 
as required in section thirty-two hereof. 

§ 38. Upon the election of trustees of schools, the judges of the 
election shall cause the poll-book of said election to be delivered to 
the school commissioner of the county, with a certificate thereon, 
showing the election of said trustees, and names of the persons 
elected ; which poll-book, with the certificate, shall be filed by said 
commissioner, and shall be evidence of such election. 

§ 39. The said trustees of schools, elected as aforesaid, shall be 
successors to the trustees of school lands appointed by the county 
commissioners' court, and of trustees of schools elected in town- 
ships under the the provisions of "an act making provisions for 
organising and maintaining common schools," approved February 
26, 184] , and of "an act to establish and maintain common schools," 
approved February 2(5, 1845, and of "an act to establish and main- 
tain common schools," approved March 1, 1847. 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 aforesaid, for the use of the inhabitants of (he 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 commis- 
sioner, the trustees of school lands, or the trustees of schools ap- 
pointed and elected as aforesaid. 

§ 40. The trustees of the schools shall meet half yearly, on the 
first Saturday of April and October ; and oftener, if necessary, at 
some convenient place in the township for the transaction of busi- 
ness ; at any of which meetings two shall form a quorum. At 
every half yearly meeting they shall strictly examine all books, 
notes, mortgages, securities, funds, and papers of the corporation. 

§ 41. At each of their half yearly meetings, on the first Satur- 
day of April and October, the trustees of schools shall proceed to 
ascertain the amount of state, county, and township funds liable to 
distribution, to wit : the interest actually on hand from the school, 
college, and seminary fund, and from the county school fund, and 
such of the interest, rents, issues, and profits arising from the town- 
ship lands and funds as have accrued and become due since their 
last regular half yearly meeting, except the two per cent, and the 
three per cent, which the school commissioner is allowed to retain, 
as in section eighty-four hereof. The said trustees shall imme- 
diately thereupon proceed to distribute the aggregate amount of 
state, county, and township funds thus ascertained to be liable to 
distribution, as follows: First, to the township treasurer, the two 
per cent, allowed him, as in section eighty-four hereof; second, for 
the payment of the books of the township treasurer, if anything 
be due for that purpose ; third, for the payment of any reasonable 
charges for dividing common school lands, and making plats, &c, 
as provided for in this act; fourth, the balance they shall apportion 



SCHOOLS— COMMON. Jg^ 

to 1he several districts and parts of districts, in proportion to the 
number of white children under the age of -twenty-one years, re- 
siding in each of such districts or parts of districts, respectively ; 
and the said trustees shall distribute the several sums so appor- 
tioned to each district or part of districts, on the several schedules 
kept, certified and returned from each district and part of district, 
to the township treasurer, according to law, in proportion to the 
number of days, certified on such schedules respectively, to have 
been taught since the last regular return day fixed by the act for 
returning schedules to school directors; and the township treasurer Treas'r to pay 
shall, as soon as practicable, pay out the money so distributed to over mone y- 
the several persons to whom it shall be distributed. The 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 the funds. They shall also, at their said Tax money, &c 
half yearly meetings, ascertain the amount of tax money raised ac- 
cording to sections eighty-two and eighty -three hereof, if any, the 
treasurer has in hands belonging to any school district being wholly 
or partly in his township; and they shall see that the treasurer 
charges himself in his cash book in a separate column, in favor of 
the proper district, with the amount they shall find to be in his 
hands belonging to such district and the amount so ascertained to 
be in the hands of the treasurer shall be paid out as in this section 
directed. The trustees of schools shall also examine the certificate Taxes beiong- 
of the district directors, to which such tax fund belongs, required in s t0uistri cts 
by the seventy-fourth section hereof to be returned to the township 
treasurer, and they shall thereupon direct the treasurer, by orders 
upon him, to pay the tax money aforesaid to the several persons 
who may appear to be entitled to it according to said certificate. 

§ 42. At their first meeting after their election, or at a subse- Trustees to ap- 
quent meeting, the trustees of schools shall appoint a treasurer of of 'board? 3 * 561 
the board, to be called township treasurer, [ wl to] shall, before enter- 
ing upon his duties, execute a bond, with two or more freeholders Bond approved. 
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 township , 

range , according to law. The security shall be approved 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, as 
is required of the first treasurer. 

§ 43. The bond required in the foregoing section shall be in the 
following form, viz : 



State of Illinois, ) 
county. ) 



Form of boad. 



Know all men by these presents, that we, A. B., C. D., and E. 
P., are held and firmly bound, jointly and severally, unto the trus- 
tees 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 . 



164 



SCHOOLS— COMMON. 



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 the laws which now are, or may hereafter 
be, in force, and shall deliver to his successor in office all moneys, 
books, papers, securities, and property in his hands as such town- 
ship treasurer, then this obligation to be void ; otherwise to remain 
in full force and virtue. 



Approved and accepted by G. H. 

I. J. 
K. L. 



A- 
C- 

E- 



B- 
D- 
F- 



[SEAL.J 
[SEAL.J 

[seal.] 



Trustees of schools. 



Trustees may 
remove trea- 
surer, or sue 
him. 



Trustees to be 
direc'rs in cer- 
tain cases. 

To form dis- 
tricts, &c. 



To provide for 
safe keeping of 
all funds. 

To purchase & 
hold real estate 



To adopt by- 
laws. 



ProTiso. 



Bistricts may 
be altered. 



Tnistees or tp. 
treasurers to 
exam, teach- 
ers. 



§ 44. The trustees of schools shall cause all moneys for the 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 fadure or refusal to execute or comply with any or- 
der, 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 fifty-eight 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. 

§ 45. Trustees of schools shall have power, and it shall be their 
duty, to lay off the township or fractional township into school dis- 
tricts, suited to the wishes and convenience of a majority of inhab- 
itants in each district, distinctly defining the same by boundaries 
and number, and make a certificate thereof, to be filed with and 
recorded by the county clefk, in a book kept for that purpose, to 
be paid 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 where such real estate is situated, whereon to erect 
school houses; such real estate being first selected as provided in 
the eighty-first section of this act, to be paid for as shall be deter- 
mined under the provisions of sections eighty-one, eighty-two, and 
eighty-three hereof; to adopt by-laws directing the mode of con- 
ducting 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 
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 the 
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 majority of [the inhabitants in] the districts interested. 

§ 46. Trustees of schools, or the township treasurer, shall have 
power, end it shall be their or his duty, by themselves, or with 
such person or persons as they or he shall associate with them or 




SCHOOLS— COMMON. J 65 

himself, 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 Qualifications. 

orthography, reading in English, penmanship, arithmetic, English 

grammar, modern geography, and the history of the United States, 

and if they or he find such person qualified to teach all of the 

above branches, and of good moral character, they or he shall give 

him or her a certificate accordingly; (or a certificate may be given Certificate. 

as provided in section thirteen hereof) which certificate shall be 

good and valid in said township, or in the proper district, for one 

year from the date thereof. Said certificate may be in the following 

form, viz : 

We, trustees of schools in township , range , in Form. 

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: (Here insert the branches.) 
Witness our hands this day of , 18 . 

Trustees of schools. 

Or if the treasurer make the examination, then he shall sign the 
certificate as treasurer of the proper township. 

§ 47. The trustees of schools are hereby vested with general powers of trus- 
power and authority to purchase real estate, if in their opinion the tees, 
interests of the township fund will be promoted thereby, in satis- satisfaction of 
faction of any judgment or decree wherein the said trustees of judgments, 
schools or school commissioner are plaintiff's 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 trustees of school lands, or trustees of schools, for the use of 
any fund or township for the use of schools, are hereby declared 
valid. The trustees of schools are hereby vested with general Power to make 
power and authority to make all settlements with persons indebted J e ^ e ?" B * . of 
to them in their official capacity ; to receive deeds of real estate in 
compromise ; and to cancel, in such manner as they may think 
proper, notes, bonds, mortgages, judgments, and decrees, existing, 
or that may 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 To j ease or se u 

schools are hereby authorised to lease or sell, at public auction, any any land 

land that may come into their possession, in such manner and on as a ove " 
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. 

§48. Every township treasurer shall provide himself with two well Township trea- 
bound books, the one to be called a cash book, [the other a loan book, surer's duty. 
He shall charge himself in the cash book,] with all moneys received, 



166 



SCHOOLS— COMMON. 



stating the charge when, from whom, and on what account received; 
and credit himself with all moneys paid or loaned, the amount 
loaned, the date of the loan, the rate of interest, the time when 
payable, the name of the securities, 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 books 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 belonging to the township, 
and upon the opposite page he shall note down when paid, or any 
remarks to show uhere, or in what condition it is, as in the fol- 
lowing form, viz : 



Makers' 
names. 


Date of 

note. 


When 
due. 


Amount. 


Remarks. 


A. B., C, 

D., E. F. 


Jan. 1, 
1845. 


Jan. 1, 
1846. 


$90 00 


Jan. 6, '47, handed to 
I. J., esq., for collection 
(or Jan. 6, '47, paid.) 



Loan of fund. 



Interest. 



Securities. 



Proviso. 



§ 49. The township treasurer shall loan, upon the following con- 
ditions, all moneys which shall come to their hands by virtue of 
their office, except such as may be subject to distribution, according 
to section forty-one hereof: The rate of interest shall be ten per 
centum per annum, payable half yearly in advance. The time for 
which loans shall be made shall not be less than six months, nor 
more than five years. For all sums not exceeding one hundred 
dollars, loaned for not more than one year, two responsible securi- 
ties shall be given ; for all sums over one hundred dollars, and for 
all loans for more than one year, security shall be given by mort- 
gage 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 gi\ en to the satisfaction of the 
trustees 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 descrip- 
tion of legal proceedings, may be had for the recovery of money, 
the breach of contracts, and for every legal liability which m^y at 
any time arise or exist, or upon which a right of action shall ao- 
crue 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 



SCHOOLS—COMMON. J Q" 

in the name of trustees of schools, as aforesaid. The wife of the 
mortgagor (if he has one) shall join in the mortgage given to se- 
cure the payment of money loaned by virtue of the provisions of 
this act. 

§ 50. Mortgages to secure the payment of money loaned under Mortgage, 
the provisions of this act, may be in the following form, viz: 

I, A. B., of the county of , and state of , do Form. 

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 follow- 
ing described re;d estate, to wit : (Here insert 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 cent, 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 faxes 
and assessments which may be levied on said estate; that 1 will 
give any additional 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 
perforin the conditions or covenants herein contained, I will deliver . 
immediate possession of the premises. 

And in confederation of the premises, C, wife of said A. 13., 
doth hereby release to the said trustees of schools all her right and 
title of dower in the aforegranled premises, for the purpose afore- 
said. 

In testimony whereof, we have hereunto set our hands and seals, 

this day of , IS — . 

A. B. [seal.] 
C. D. [seal.] 

Which mortgage shall be acknowledged and recorded as is re- Acknowledged 
quired by law for other conveyances of real estate, the mortgagor aud recordec5 - 
paying the expenses thereof. 

§ 51. Upon the breach of any condition or stipulation contained Acti'n on mort- 
in said mortgage, an action may be maintained, and damages recov- gage, 
ered, 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 mort- 
gaged to secure the payment of money loaned under the provisions 
of this law, the value of improvements liable to be destroyed shall 
not be included. 

§ 52. In all cases where the trustees of schools shall require Additional se- 
additional security for the payment of money loaned, and such se- turit y- 
curity shall not be given, the township treasurer shall cause suit 
to be instituted for the recovery of the same, and all interest there- 
on to the date of judgment; Provided, that proof be made of the Proviso, 
said requisition. In the payment of debts by executors and ad- 
ministrators, 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 



168 



SCHOOLS— COMMON. 



Default of pay- 
ins int'st due 



May sue for in- 
terest only. 



Man'r of bring- 
ing suit. 



Treasurers to 
make returns 
semi-annually 



Other duties. 



Treasurer to 
furnish ab- 
stract of in>. 
of chiidien 
in township. 



bill. And if; shall be the duty of the township treasurer to attend at 
the office of the probate justice upon the proper day, as other cred- 
itors, and have any debts, due as aforesaid, probated and classed, 
to be paid as aforesaid. 

§ 53. If default be made in the payment of interest due upon 
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 default, which shall be included in the 
assessment of damages, or in the judgment in suit or action 
brought upon the obligation to enforce payment thereof; and inte- 
rest as aforesaid may be recovered in action brought to recover 
interest only. And the said township treasurers are hereby em- 
powered to bring appropriate actions, in the name of the trustees 
of schools, for the recovery 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. 

§ 54. All suits brought, or actions instituted under the provi- 
sions of this act, may be brought or instituted in the name of 

"trustees of schools of township , range ," except as is 

provided for action qui tarn in section two hereof, and as provided 
in section fifty-eight in favor of school commissioners. The town- 
ship treasurer shall demand, receive, and safely keep, according to 
law, all moneys, books, and papers of every description, belonging 
to his township. He shall keep the township fundJoaned at inte- 
rest; and if on the first Saturday of April there "all be any in- 
terest or other funds on hand which shall not be required for dis- 
tribution, as provided in section forty-one hereof, such amount, not 
required as aforesaid, shall forever after be considered as principal 
in the funds to which it belongs, and loaned as such. 

§ 55. On the first Monday of April and October of every year, 
the township treasurer shall lay before the trustees of schools, at 
their half yearly meetings, abstracts of the returns made by the 
school directors, as required in section sixty-six of this act, show- 
ing the number of all white children under the age of twenty-one 
years in each school district or part of district in his township. 
He shall also lay before them, so far as received, certiiicates of the 
directors of each school district, which lies wholly or partly in his 
township, showing all the facts required in section seventy-four of 
this act. He shall also lay before them a statement showing the 
amount of interest, rents, issues, and profits, that has accrued or 
become due since their last regular half-yearly meeting, on the town- 
ship lands and township funds, and also the amount of state and 
county fund interest on hand. He shall also lay before the said 
trustees, all books, notes, bonds, mortgages, and all other evidence 
of indebtedness belonging to the township, for the examination of 
the trustees. 

§ 56. 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-one years residing in his 
township, and the directors and treasurers of townships which may 
be organised for school purposes, after the regular times fixed by 



SCHOOLS— COMMON. \QQ 

this act for miking returns of children under twenty-one years, 
may make such returns at any time before the next regular return 
days, and the school commissioners shall distribute school funds to 
such newly organised townships upon such returns, the same as if 
the returns had been made at the regular times. 

§ 57. So soon as practicable after a school district has been laid For election of 
off by the trustees of schools, it shall be the duty of the township £j°° l direc " 
treasurer to give at least five days' notice, by posting up written no- 
tices in at least three public places in the said district, that on Satur- 
day, 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 ; Provided, that the time of holding 
said election may be fixed at six o'clock, p. m., and that notice of 
all subsequent elections shall be given by school directors. 

§ 58. For any failure or refusal to perform all the duties required Penalty for faii- 
of township treasurer by law, he shall be liable to the trustees of "" t°o to* his 
schools upon his bond, to be recovered by action of debt by said duty. 
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 refusal, acted 
under and in conformity to a requisition or order of said trustees, 
or a majority of them, entered upon the journal and subscribed by 
said trustees, or a majority of them, then and in that case the trus- 
tees aforesaid, or those of them subscribing said requisition or or- 
der as aforesaid, and not the treasurer, shall be liable, jointly and 
severally, to the^inhabitants of the township, to be recovered by 
action of assumpsit, in the official name of the school commissioner, 
for the use of the proper township. It shall be the duty of the Directors to be 
township treasurer to bring suit against the school directors, or ] S e u c e t d /^ r t neg * 
either of them, for any neglect of duty, or any violation of this law, 
and in any such suit said directors shall be liable to the penalty 
specified in section sixty-seven of this act. 

§ 59. The township treasurer shall be ex officio superintendant Township trea- 
of common schools in his township, in which capacity he shall visit, superintend'"! 
as often as practicable, the different schools in the township, confer and duty, 
freely with school directors and teachers, and communicate to them 
the plans and suggestions of the county and state superintendants, 
and use his influence to carry out such plans, and shall procure 
and furnish to the school commissioner all such information con- 
cerning his township, as said commissioner is obliged, according 
to sections five and thirteen hereof, to communicate to the state su- 
perintendant. The township treasurer shall continue in office until 
the expiration of the term of service of the trustees of schools by 
whom he was appointed, and until the appointment and qualifica- 
tion of a successor ; but he shall be subject to removal, as provided 
in this act. 

§ 60. When a township treasurer shall resign, or be removed, and Duty of treas'r 
at the expiration of his term of office, he shall pay over to his sue- u Ji on leavin S 
cessor in office, all money on hand, and deliver over all books, 
notes, bonds, mortgages, and all other securities for money, and all 
papers and documents of every description, in which the corpora- 
tion may have any interest whatever, and in case of the death of 
the township treasurer, 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, And penalty. 



170 



SCHOOLS— COMMON. 



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 no wise discharge or diminish the obligation of 
his official bond. 

SCHOOL DIRECTORS THEIR ELECTION AND DUTIES. 

Elect'nof sch'l § 61. It shall be the duty of the legal voters within each school 
directors. 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 Satur- 
day of October biennially thereafter, and elect three persons within 
the district, to be styled school directors, who shall continue in 
office for the term of two years, and until their successors are 
elected. But the first election may be held on any Saturday, 
notice being given by the township treasurer, according to section 
fifty-seven hereof. The legal voters, when assembled, shall choose 
three of their number to act as judges, and one as clerk, at such 
election. In case of a tie of said election for school directors, it 
shall be determined by lot on the day of the election, by the judges 
thereof. 
Powers of di- § 62. A majority of said directors shall constitute a quorum to 
rectors. fi business ; and the board, when convened, shall have power to 

purchase libraries for the district, to be paid fur out of the tax funds 
of the district; to adopt the necessary measures taexecute the will 
of the legal voters of the district, expressed as is provided in sec- 
tion eighty-one hereof; to employ teachers and fix upon their com- 
pensation ; to visit schools from time to time, and to make all such 
rules and regulations as may be necessary and proper, and not con- 
Proviso, trary 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 author- 
ised to receive and hold, by their name of school directors, for the 
use of schools in the district, any books purchased for or donated 
to the district library; and the same shall be kept and controlled 
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 
common school or township fund for his services as librarian. 
Duty of direc- § 63. School directors shall attend the school or schools taught 
t01 ' s " 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 schol- 
ars. They shall also have special regard to the keeping a schedule 
by the teacher, in such manner as to entitle him to compensation 
out of the common school or township fund, or tax fund of the 
district. 
Dhec'rs to cer- §64. School directors shall carefully examine all schedules, 
tify to amount w ] len presented for that purpose, and after correcting all errors 
tue eac era. w ] 1 j c j- 1 ^ ma y discover, they shall make a certificate thereon, as 
near as practicable in the following form, viz: 



SCHOOLS— COMMON. 



171 



State of Illinois, 

* SS. Form. 



■1 



county 

We, the undersigned school directors in district No. , town- 
ship , range , in the county aforesaid, certify that we 

have examined the foregoing schedule and find the same to be cor- 
rect, and that the school was conducted according to law. There 
is now due the said D. C, as per contract, the sum of $ — , and 
that said teacher has a legal certificate of good moral character, and 
of qualifications to teach a common school. Witness our hands 
this day of , 18- 

School directors. 




§ 65. School directors shall certify no schedule that reaches Directors limit- 
back to a time more than six months from the time fixed by law for jj£ as *° date 
the regular return and presentation of schedules to the school direc- 
tor?. Schedules made and certified as aforesaid, shall, at least two 
days before the first Saturday of April and October, be delivered 
by the directors to the township treasurer. 

§ 66. It shall be the duty of the school directors of each school Direc'rs to fur- 
district to furnish the township treasurer of their township, by the n ' shll5t of 
first Monday of October next, and by the first Monday in October treas'r, bi- 
biennially thereafter, with the number of all white children under ennially. 
the age of twenty-one years, residing in their respective districts ; 
Provided, that in townships containing not more than one school 
district, it shall re the duty of the trustees of schools to make such 
enumeration. 

§ 67. School directors, or either of them, or the trustees of Penalty for fail- 
schools, as specified in the proviso of the preceding section, failing ure# 
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 pen- 
alty 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. 

§ 68. Any one of said school directors shall have power, and Lot for school 
upon request of at least ten legal voters of the district, it shall be se^ectedT^ 
his duty to post notices in at least three of the most public places 
in the district, ten days before the time appointed for meeting, call- 
ing a meeting of the legal voters of the district, to select a lot upon 
which to erect a school house, to adopt a plan of the house, to pro- 
vide for its erection, for its furniture, and for the payment, or for 
any, or either, or all of said purposes, according to section eighty- 
one hereof. 

§ 69. School directors shall have power, by consenting thereto, Adjacent dis'ts 
in writing, to authorise any person residing in any other school *° rec ' ve clul - 
district, in the same or any other township, to send his or her chil- 
dren to a school taught in their district; but the person so sending 
to school in a district in which he does not reside, shall not be en- 
titled, 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 district Conditions. 



2 72 SCHOOLS— COMMON. 

other than the one in which he resides, shall first obtain the writ- 
ten consent of the school directors of the district in which he re- 
sides, and of the district to which he sends to school, by said direc- 
tors, or a majority of them in each district subscribed, and present 
said consent, so subscribed, to the teacher of his children or wards, 
before his schedule is delivered to the school directors, to be ap- 
pended by 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 dis- 
trict. 
Form of certi- § 70. The certificates required in the foregoing section may be 
ficate. i n 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- 
ber (ten north) of range number (one east of the third principal 

meridian,) in county, do hereby give our consent that A. B. 

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 the district in which he resides: ) 

We, school directors of district number (two,) in township num- 
ber (six north,) range number (one east of the third principal me- 
ridian,) in county, do hereby give our consent that A. P., 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, one east of the third principal meridian) in county. 

Witness our hands, this day of , 18 — . 

School directors. 



District clerk § 71. The district directors, upon their election, or as soon there- 
to be appoint- a f ter as p rac ti ca ble, shall agree upon and appoint one of their num- 
ber clerk, who shall keep a record of all the ofh'cial acts of the 
board of directors, in a book to be provided for that purpose. 

Va'ncy in board When a vacancy shall occur in the board of directors, the remaining 
hLfflied. "' director or directors shall order an election to fill said vacancy, giv- 
ing at least five days' notice by posting advertisements in at 
least three public places in the district. In case of a tie, it shall 
be decided by lot on the day of election by the judges of the elec- 
tion. 

Taxation, how § 72. The district clerk shall make and certify to the clerk of the 
voted, ami how county court, before the first day of July in each year, a correct ab- 
stract of the votes and the amount of money voted to be raised at 
any meeting of the inhabitants under the provisions of sections 
eighty-two and eighty-three; and the said county clerk shall com- 
pute each taxable person's tax in said district, taking as a basis the 
total amount of taxable property returned by the county assessor 
for that year, lying and being in the district, whether belonging to 



SCHOOLS— COMMON. 



173 



residents or non-residents, and also each and every tract of land as- 
sessed by the assessor, the larger part of which Jies within said dis- 
trict. The county clerk shall cause each person'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 books, to 
be collected in the same manner and at the same time as state and 
county taxes. When collected, the township treasurer shall demand 
and receive the amount from the said collector, and enter the same 
in a separate account in his cash book ; which shall be paid out b}' 
him on the order of the trustees of schools, as provided in section 
forty-one hereof. When a district is composed of parts of two or 
more townships, the directors shall determine and inform the col- 
lector in writing, under their hands as directors, which of the trea- 
surers of the townships from which their district is formed, shall 
demand and receive the tax money collected by the county collector 
as aforesaid. The township treasurer shall receipt to the collector 
for the amount received as provided above ; which receipt shall be 
evidence, as well in favor of the collector, as against the township 
treasurer. 

§ 73. If the township treasurer shall fail or refuse, upon proper Mode of enfor- 
demand, to pay to any person or persons, his, her, or their proper cin s collection 
proportion of the state, county, township, or tax funds, that he may 
have collected, and that may be due to such person or persons, ac- 
cording to the distribution of the trustees of schools as provided for 
in section forty-one hereof; and if the trustees of schools, upon 
notice in writing, from the person or persons to whom such distri- 
bution may have been made as aforesaid, that said treasurer does so 
fail or refuse, shall fail to cause payment to be made, or to remove 
said treasurer, then, and in that case, such person or persons may 
bring suit or suits against said trustees by their corporate name, be- 
fore any court having jurisdiction thereof; and if said trustee of 
schools shall refuse to pay whatever judgment may be rendered 
against them upon suit and trial, within one month after the rendi- 
tion of such judgment, and no appeal be taken, execution may be 
sued out thereon and levied upon the individual property of said 
trustees of schools. 

§ 74. The school directors of each district in which a tax has Directors tore - 
been levied by vote, according to the provisions of this act, shall, at P ort am'tof 
least two days before the first Saturday in April and October, in wha^purpose, 
each year, make out and deliver to the township treasurer who may before 1st sat- 
be legally authorised to receive such tax from the county collector, urday of April 
a certificate subscribed by them as school directors, stating whether 
their district has levied a tax for the current year, and if so, for 
what purpose, and what rate of tax was levied ; stating, also, how 
much, and to whom, their district is indebted for each of the items 
for which such tax may have been levied; which certificate may be 
in the following form, as near as circumstances will permit, viz: 

The treasurer of township , in county, district No. Form of certit;- 

, in said township, is indebted, out of the tax fund of said dis- cale - 

trict, as follows : 

To A. B., for fuel furnished for use of the school - $ 
To C. D., for purchase money for school-house lot - $ 
To E, F., for building school house - - - - $ 
To G. H., for repairing " - - - $ 



174 



SCHOOLS— COMMON. 



To I. J., for furnishing school house 

To L. M., on his schedule, returned according to 

law, since our last certificate - 
The legal voters of said district did, on the day of 



levy a tax at the rate of — ■ cents per $100, for the following pur- 
poses, viz : 

(Here state the object for which the tax was levied.) 
Witness our hands, this day of , 18 — . 



R. S. 
L. M. 
P. G. 



School directors. 



TEACHERS THEIR DUTIES. 



Teacher must 
have certifi- 
cate of qual- 
ification. 



To make sched- 
ules. 



§ 75. No teacher shall be entitled to any portion of the common 
school or township fund who shall not, before his employment, ex- 
hibit to the school directors of the district in which he proposes to 
teach a school, a certificate of qualification obtained under the pro- 
visions of section thirteen or section forty-six hereof; which certi- 
ficate shall be good and valid for one year from the date thereof. 

Teachers shall make schedules of the names of all scholars under 
twenty-one years of age, attending their schools, in the form pre- 
scribed by this act; and when scholars reside in two or more dis- 
tricts, 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 : 



SCHEDULE of a Common School, kept by A. B., at , in district number 

torm 01 scnea- ^ in f gwns f l ip sixteen north, range Jive, west of the third principal meridian, 

u e " in the county of , in the state of Illinois. 



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14 


Isaac Meslier, 






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Sarah Danforth, 


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Mary Newman 


1 


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18 



Grand total number of days 



SCHOOLS— COMMON. 



175 



§ 76. In closing the schedule, the teacher shall make a list of the To certify. 
names of the scholars attending school, then add together the num- 
ber of days which each scholar has attended, setting it down in the 
right hand column, (as in form,) 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 ; Provided, that no- 
thing herein contained shall prevent the teaching a foreign language 
in an English school, as aforesaid. 

The certificate shall be in the following form, viz : Form r certifi- 

cate. 

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. 

§ 77. When the teacher shall have completed his or her schedule, Deliver sched- 
as above required, he or she shall deliver it to some one of the u'e to director, 
school directors of the proper district, on or before the last Satur- ery . 
day of March and September ; and all schedules, whether for a 
whole or any portion of a term, shall be presented to the township 
treasurer at least two days before the first Saturday in April and 
October. Upon the receipt of the amount distributed by the town- To credit each 
ship treasurer upon their schedules, teachers shall credit each j^eived ""^ 
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 said teacher. Each teacher shall teach sixty 
days for a quarter, unless otherwise agreed upon by him and the 
directors of the district. 

COMMON SCHOOL FUND DISTRIBUTION TO COUNTIES. 



§ 78. The common school fund of the state shall consist of 4he what shall con- 
amount due from the state, according to a statement and settlement stitute com'on 
of the account between the state and that fund, under the provisions sch001 fund - 
of an act entitled '"an act to provide for the distribution and appli- 
cation of the interest on the school, college, and seminary fund," 
approved on the seventh February, one thousand 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 and sup- 
port 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 au- 
thority of the state; Provided, that incases where, heretofore, the Proviso, 
state taxes have not been collected in any county, such county shall 
not be entitled to a distribution of the college, seminary, and school 
fund, for the period of time that no such taxes have been collected, 
and that the portion of tha fund aforesaid shall in such cases be 
distributed without regard to such county. 

§ 79. The state shall pay an interest of six per centum per annum state to pay six 
upon.the amount of the aforesaid common school fund, which shall be P er cent - ar >- 
paid annually, and applied to the support of common schools, as here- 



176 



SCHOOLS— COMMON. 



College & sem- 
inary fund. 



Duty of auditor. 



War'nt for divi- 
dend. 



Collector to pay 
school coni'r. 



Proviso. 



Collector may 
pay in war- 
rants. 



in provided. The state shall also pay, as aforesaid, and at the same 
time, an interest of six per centum per annum upon 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. 

§ 80. On the first Monday in January, in each and every year, 
next after taking the census of the state, the auditor of public ac- 
counts 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-one years of age, and shall 
thereupon 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 collector thereof. And upon presentation of said warrant by 
the school commissioner to the collector of his county, said collec- 
tor 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 otherwise appropriated by law, taking said commis- 
sioner's receipt therefor ; and on settlement with the auditor, said 
collector shall be credited with the amount specified in said receipt, 
in the same manner as if it had been paid into the treasury. Div- 
idends shall be made, as aforesaid, according to the proportions as- 
certained to be due to each county, annually thereafter, until an- 
other census shall have been taken, and then dividends shall be made 
and continued, as aforesaid, according to the last census ; Provided, 
that if said collector shall file an affidavit with the school commis- 
sioner, that he is not, and has not been able to collect enough in gold 
and silver, over and above one and one-half mills in act thirty-nine 
in the appendix to the revised laws specified, to pay off said war- 
rant, 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 DISTRICTS SCHOOL LOTS 

HOUSES TAXES. 



People may, by § 81. It shall be lawful for the legal voters of any school district 
V °h<' h" 33 ' 6 to assemD le, according to notice, as provided in section sixty-eight 
' hereof, at the time and place appointed in said notice, for the pur- 
poses hereinafter in this section specified. 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 
Description of whereon to erect said school house. Said meeting shall then de- 
house, termine, by vote, the description or kind of house they will have, 
Furniture. the amount and kind of furniture with which said house shall be 
supplied, and the manner in which the cost of said lot, of the build- 
Determine cost, ing of said house, and of furniture aforesaid, or the cost of any, or 

SSed W t0 bC either ' or a11 of them ' sha11 be defra )' ed > whether by individual sub- 
scription, or by an amount raised by taxation, or either of them. 
The secretary shall keep a true record of said meeting, and shall 



SCHOOLS— COMMON. J 77 

present it, certified by himself and the chairman, to the district 
directors. 



§ 82. On the first Saturday of May next, and on the first Sat- People to meet 

urday of May annually thereafter, the inhabitants, legal voters of May'wniSl™ 

any school district in this state, may meet together at some conven- ana vote for or 

ient place in the district, for the purpose of voting for or against against tax for 
. ,.i /. i i V- i m j- i school purpo- 

levying a tax lor the support ot common schools, lor Duilcurjg and ses- 

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 six public places in the 
district, setting forth therein the time, place, and object of such 
meeting; and said meeting shall be organised between the hours 
of. one and three o'clock, P. M.; Provided, that if live of said in- May havecalled 
habitants request it, school directors shall call such meeting to meelin S s - 
be holden upon any Saturday, notice to be given as aforesaid. 

§ 83. The inhabitants, legal voters, when convened as above Organisation of 
provided, shall organise by appointing one of their number chair- me etiDg. 
man, and another secretary. They shall then determine by vote, in 
such manner as they may choose, first whether they will levy a tax 
on the taxable property in said district for the purposes, or either or 
any of them, in section eighty-two specified ; if a majority of the 
voters residing in the district shall be lor a tax they shall determine 
upon the rate to be levied for the current year, not exceeding twen- Rate of taxation, 
ty-five cents on the one hundred dollars, and to what purpose or 
purposes, authorised in sections eighty-one and eighty-two hereof, 
the amount raised by tax shall be applied. The secretary shall 
keep a true and correct 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 all the names of all 
the resident tax payers of the district, to the district directors ; 
Provided, that for purchase of lot or building, and furnishing school Proviso, 
house, the rate of taxation may be any amount determined by vote 
as aforesaid, not exceeding five hundred dollars in the aggregate ; Tax unlimited 
Provided, that in incorporated towns and cities a tax for school pur- tor c *g*" n 
poses may be voted for and levied, not exceeding fifty cents on the Towns & cities 
one hundred dollars, and to an amount not exceeding a thousand 5octs.to$ioo. 
dollars for buildings and school purposes. 

COMPENSATION OF OFFICERS. 

§ 84. School commissioners shall be allowed to retain out of compensation 
the township funds of the township for which the services were ° f c °- school 
rendered, three per cent, upon the amount of sales, for their servi- 
ces in receiving and recording petitions 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 distribu- 
ted or paid to township treasurers for the support of schools. — 
Township treasurers shall be allowed two per cent, upon all funds Of township 
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 

(M) 



178 SCHOOLS— COMMON. 

an actual payment and re-loaning to another and different person; 
Trustees to reg- Provided, however, that trustees of schools shall have the right, and 
er^ e pay. eaSUr "^ * s ma ^ e tne i r duty, to reduce the compensation of said treasurer, 
if, in their opinion, the compensation herein allowed is more than 
County courtto is reasonable. The county court of each county is hereby author- 
pay com. as ex - lsec [ an j re quired to pay the school commissioners of their respec- 

ojficio county . ,. x i , ,, , n •, ., , " 

superintend^. tly e counties, such amount as they shall deem right and proper, not 
exceeding two dollars per day for each day, not exceeding fifty days 
per year, that said commissioners are actually engaged in the dis- 
charge of their duties as ex officio superintendants of schools, in 
their counties. 

LIABILITIES OF OFFICERS. 



Officer to be in- _ § 85. If any school commissioner, trustee of schools, township 

dieted f~ 

bezzlen 

funds. 



dieted for em- director, or any other person entrusted with the care, control man- 

bezzlement of , 



agement, or disposition of any common school, college, seminary, 
or township fund, for the use of any county, township, 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 con- 
verted, and imprisoned in the county jail not less than one or more 
than twelve months, at the discretion of the court. 
Trustees to be § 8t>. Trustees of schools shall be liable, jointly and severally, 
rifeffl takea?*" for the sufficiencv of securities taken from township 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 property whereon to 
levy execution, actions on the case may be maintained against said 
trustees, jointly or severally, and the amount not collected on said 
Proviso. judgment shall be recovered with costs ; Provided, that if said trus- 

tees can show satisfactorily, that the security taken from the treas- 
urers as aforesaid was at the time of said taking good and sufficient, 
they shall not be liable as aforesaid. 
Heal estate of § 87. The real estate of school commissioners of township 
hridUabS? 6 " treasurers > and of the securities of each of them, shall be bound 
for the satisfaction and payment of all claims and demands against 
said commissioners 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 afore- 
said, shall be liable to be sold in satisfaction of any judgment which 
may be obtained in such actions or suits. 



DEPRECIATED FUNDS. 



Depreciated § 88. All township treasurers or school commissioners, having 

sold. 8 ° 6 on ' lan d any State Bank or Bank of Illinois paper, or other depre- 
ciated funds, are hereby authorised, under the direction of the trus- 
tees of schools, to sell the same for their cash value, and adjust 
their accounts accordingly. And all such sales heretofore made by 
school commissioners or trustees are hereby declared legal and 
valid. 



SCHOOLS—COMMON. } 79 



§ 89. No justice of the peace, probate justice, constable, clerk No costs aiiow- 
of any court, or sheriff, shall charge any costs in any suit where any bases'. certam 
agent of any schoul lunch, suing for the recover}'' of the same, or any 
interest due thereon, is plaintiff, and shall be, from any cause, un- 
successful in such suit. School commissioners appointed hereto- Tenure of offi - 
fore shall continue in office until superseded according to the pro- 
visions of this act, and their duties, responsibilities, and powers 
shall be governed by the provisions herein named. Trustees of 
school lands heretofore appointed, and trustees of schools hereto- 
fore 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 Existing organ- 
further action or proceeding, be considered as incorporated under isations to be 
the provisions of this act, and the trustees and other officers shall n mue 
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 regulated by the provisions hereof. All 
school districts heretofore laid off may remain as if they had been 1S nc s °" 
laid off under the provisions of this act ; and all school directors 
heretofore appointed shall continue in office as if they had been 
appointed by the provisions of this act. Until supe'rseded by elec- 
tion, as provided in this act, they shall be governed by the pro- 
visions hereof. Leases of school lands shall remain valid and be 
executed according to the laws under which they were made. Com- 
mon school lands valued and offered for sale and remaining unsold 
shall be sold upon terms prescribed by this act. All contracts made Acts under for- 
under the laws hereby repealed shall remain valid, and all rights, ^red valid. e " 
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 notwithstand- 
ing the repeal of said laws, unless cancelled according to the pro- 
visions of this act. 

ACTS REPEALED. 

§ 90. An act entitled "an act making provisions for organising Acts of 41, '45. 
and maintaining common schools," in force July first, 1841, and an & ' 47 repearu. 
act entitled " an act to establish common schools," approved Feb- 
ruary 26th, 1845, the act entitled ''an act to establish and maintain 
common schools," approved March 1st, 1847, and all other acts and 
parts ot acts coming in conflict with the provisions of this act are 
hereby repealed. 

This act to be in force from and after the last day of March, This act in force 

-1040 from passage. 

§ 91. The public printer is hereby required to print fifteen Priating. 
thousand copies of this act, under the direction of the secretary of 
state, who shall first make a perfect index hereto, to be distributed 
by him, aceording to population, among the several counties of the 
state, and deposited with the school commissioners, to be distributed 
by them to the township treasurers for the use of the different offi- 
cers under this law. 

Approved February 12, 1849. 



180 8CHOOL FUNDS. 



In force, 
Feb. 2. 1849 



AN ACT to authorise the school commissioner of La Salle county to pay townships 
twenty-nine and thirty north, of range one east, of the thiid principal meridian 
in Marshall county, their proportion of school money. 

Section 1. Be it enacted by the people of the state of Illinois 
represented in tr, a general assembly, That the school commissioner of 
La Salle county is hereby authorised and required to pay over to 
the trustees of schools, or other authorised persons, of townships 
twenty-nine and thirty north, range one east, in Marshall county, 
the amount of school funds they would have received had they re- 
mained part of La Salle county. 

§ 2. The amount due said townships shall be estimated by the 
number of children in said townships when they w'ere attached to 
Marshall county, in the same manner the school funds are distribu- 
ted in other cases, and not by the number of voters in said township, 
as now provided by law. 

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

Approved February 2, 1849. 



In force, AN ACT to provide for the equitable division of the school fund in Gallatin and 
Feb. 2, 1349. Saline counties. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the school funds, wheth- 
er existing in moneys, notes, mortgages, or other securities that be- 
longed to the county of Gallatin when the following acts were pas- 
sed, viz : u an act entitled an act to enlarge Hardin county," and 
" an act entitled an act to divide the county of Gallatin and to form 
out of the same the county of Saline," both passed at the last ses- 
sion of the legislature of this state, shall be divided between the 
counties of Gallatin, Saline, and Hardin, for the use and benefit of 
the several townships and fractional townships in each of the coun- 
ties of Gallatin and Saline, and also in that part of said Hardin 
county which, by the act aforesaid, was stricken off from said Gal- 
latin county, according to the number of white children in each 
township or fractional township under the age of twenty years; and 
all such school funds as may have been received by the school com- 
missioner of the counties of Gallatin and Saline, since the passage 
of the abovementioned acts, and prior to this time, shall be divided 
between the counties of Gallatin and Saline, as aforesaid. 

§ 2. It shall be the duty of the school commissioners of Galla- 
tin and Saline counties to ascertain the number of white children 
in the different townships and fractional townships in their respec- 
tive counties under the age of twenty years, and it shall likewise 
be the duty of the school commissioner of Hardin county to ascer- 
tain the number of such white children, under twenty years of 
age, in that part of said Hardin county so stricken off from Galla- 
tin as aforesaid ; and after the same shall be ascertained it shall be 
the duty of each of the school commissioners of the said counties 
of Gallatin, Saline, and Hardin, to meet together at Equality, in 
Gallatin county, on some day to be agreed upon by said commis- 
sioners, prior to the first day of October, 1849, who shall then and 



SCHOOL LANDS. J^>1 

there proceed (o make an equitable division of said school fund be- 
tween said counties as is heretofore provided in this act. 

§ 3. The seventh section of the act entitled " an act to divide 
the county of Gallatin, and to form out of the same the county of 
Saline," approved February 26'th, 1847, which relates to said school 
fund, be, and the same is hereby, repealed. 

§ 4. This act to take effect from and after its passage. 

Approved February 2, 1849. 



AN ACT to authorise the sale of school lands in township number eight north, of In force, 

range number seven east, in Ftfinghani county. Feb. 6 } 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the trustees of schools of 
township number eight north, of range seven east, in Effingham 
county, be, and they are hereby, empowered to sell the school lands 
of said township, upon the terms and in the manner now provided 
by law, upon the petition of three-fourths of the adult inhabitants 
o\ said township. 

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

Approved February 6, 1849. 



AN ACT to provide for the sale of lands and town lots in township four north, range T n force. 

nine west, in Hancock county. Feb. 10, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the trustees of schools in 
township four north, range nine west, in Hancock county, be, and 
they are hereby, authorised to sell all lands and town lots belonging 
to and rightfully owned by said township, except section sixteen 
of said township. 

§ 2. The said sale to be at the door of the Warsaw House, in 
the town of Warsaw, in said county, between the hours of ten 
o'clock A. M. and five o'clock P. M., and said trustees may sell said 
land and town lots without regard to valuation, as is now required 
by law ; said sale to be at public auction to the highest and best bid- 
der ; the payment of which shall be secured by mortgage upon real 
estate, as required by the school laws now in force in this state. 

§ 3. The trustees of schools in said township shall give notice 
in some public newspaper in said county, at least six weeks before 
said sale, of the time and place of the same, and also to post up 
written notices in at least three of the most public places in said 
town, stating the time and place of said sale; and the said trustees 
are hereby authorised to sell said land and town lots on a credit of 
any number of years they may think most conducive to the interest 
of the township. 

§ 4. This act to take effect from and after its passage. 

Approved February 10, 1849. 



182 



SCHOOL LANDS. 



In force AN ACT legalising the election of trustees of schools, &c, in township number 
April 13, 1849. eleveH south, range number nine east, in Hardin county. 

Whereas, it appears that the inhabitants of township number 
eleven south, range nine east, in Hardin county, on the 29th 
day of January, 1847, elected three trustees of schools for said 
township, who were duly qualified according to law, and who sold, 
in accordance with law, a part of the school lands of said township ; 
and whereas, it appears that doubts have arisen in respect to the va- 
lidity of the titles of the purchasers at said sale, in consequence of 
some informality on the part of the proper officer in failing to re- 
turn the poll-books of said election, which have been since return- 
ed, and are now in their proper place ; and whereas, it further ap- 
pears that the lands of said township remaining unsold are so infe- 
rior in quality and situation that they will not bring their limited 
price ; therefore, 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, Thatthe titles to said school lands 
acquired by the purchasers thereof, at the sale of said lands by the 
trustees as aforesaid, be, and the same are hereby, declared good 
and valid, both at law and equity, notwithstanding the failure to re- 
turn said poll-books. 

§ 2. That the school commissioner of said county may, at any 
time hereafter, sell at public sale, to the highest and best bidder, the 
school lands of said township remaining unsold; Provided, two- 
thirds of the inhabitants of said township shall petition for such 
sale ; And provided further, that such sale shall be made and con- 
ducted on the same terms, and notice thereof given in the same 
manner as school commissioners are now required to do in the sale 
of school lands under existing laws. 

Approved January 25, 1849. 



In force Jan ^^ ACT to authorise trustees of schools to lease school lands and lots. 

25, 1849. 

Section 1. Be it enacted by the prople of the slate of Illinois, 
represented in the general assembly. That the trustees of schools of 
township number thirty-three (33 '• north, of range number one 
(1,) east of the third principal meridian, shall have power and au- 
thority to lease any land or lands, town lot or lots to any person or 
persons for such term of years, not less than one Ror more than 
ten, as they shall deem advisable, upon the yearly payment to the 
said trustees, or their successors in office, of such rent as may be 
fixed on by said trustees, and upon such conditions as to them shall 
seem most advantageous to the school fund. 

§ 2. The money received for the rent of any land or town lot 
or lots, so leased as above provided, shall be applied in the same 
manner as is required in case of interest upon school fund received 
for land sold by them. 

§ 3. All leases heretofore made by the trustees of schools of 
township number thirty-three north, of range number one, east of 
the third principal meridian, are hereby legalised, and the rights of 



SECRETARY OF STATE. Jg3 

all persons interested therein shall be construed and taken and be 
in accordance with the terms of such lease. 

§ 4. There shall be no letting under this act unless sixty days 
public notice of the same be first given by publication in any news- 
paper of the county, and by posting up written notices in three of 
the most public places in said township, or if there should be no 
public newspaper issued in said count}-, by posting notices in six 
of the most public places in said township. 

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

Approved January 25, 1849. 



AN ACT to legalise the election of school trustees in Livingston county. In force) 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly. That the election of Phillip 
Nigh, Moses Allen, and Amos Edwards, as school trustees for 
Rooks creek township, in A. D. 18ib', is hereby legalised, and their 
official acts are declared to be in full force and effect. 

Approved February 10, 1849. 



AN ACT to amend an act in relation to the duties and fees of the secretary of In force, 

state, anlto diminish the public expenditures. Feb. 2, 1349. 

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 
secretary of state to pay for the printing of all blank commissions 
used in his office (military commissions excepted) without charge 
to the state; and he shall receive for each commission, (military 
commissions excepted, for which no charge shall be made,) and for 
each patent for canal lands issued from his office, and in each case 
where he shall be required to register his signature and to affix the 
great seal of state, the sum of twenty-five cents, to be paid by the 
person receiving the same; Provided, that no expenses shall accrue 
to the state of Illinois, for the performance of any services rendered 
by the secretary of state, in pursuance of the provisions of this 
act. 

This act to take effect from and after its passage. 

Approved February 2, 1849. 



AN ACT for the improvement of sheep, and to promote their increase. In f. >rce, 

April 13, 1849. 

Section 1. Be it enacted by the people of the. state of Illinois, 
represented in the general assembly, That it shall be unlawful for B j^* t large. 
the owner or owners of any buck or bucks, or male sheep over the 



184 SHEEP—STATE-HOUSE. 

age of six months, to permit such buck or bucks or male sheep to 
run at large in any highway or uninclosed grounds or commons in 
this state, or without the inclosure of said owner or owners, be- 
tween the fifteenth day of June and the fifteenth day of November 
in each year hereafter. 

D to tak f e P u rSOnS ^ 2 ' Jhl<i be ^/ wr//ier enade <l, That it shall be the duly of any 
a e up. pe rson r persons finding any such sheep running at large as afore- 
said, to take up and confine the same, and notify the owner or own- 
ers, il known, and in case such owner or owners are not known, then 
such person, so taking up, shall give notice thereof in writing by post- 
ing up notices in three public places within the precinct or neigh- 
borhood where said sheep are so taken up, within four days after 
such taking up, describing all plain marks that may be on said sheep, 
and the owner or owners of such sheep shall be entitled to the same 
by proving property and paying, or agreeing to pa V , all reasonable 
charges, and such damages as the sheep may have done; Provided, 
such charges and damages shall not exceed the value of the sheep,' 
and if the owner or owners shall not comply with the above requi- 
sitions within the term of six months from the date of such notice, 
then in that case the said sheep shall be forfeited, and become the 

Pnviso. property of the person so taking up the same; Provided, that if 

the inhabitants of any county in this state shall think themselves 
aggrieved by the provisions of this act, the county commissioners or 
county court of such county shall have power to suspend the oper- 
ation of this law in such county or counties for a convenient time, 
by an order of said court, posted on the court-house door of said 
county, and in some public place in each of the several precincts oj' 
such county. 

Approved February 10, 1849. 



In force, AN ACT to complete the state-house. 

Feb. 12, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the sum of seven thousand 
dollars be, and the same is hereby, appropriated out of any funds 
in the state treasury, one-half of said sum payable in the vear 1849, 
and the balance in the year 1850, to be expended under'the direc- 
tion of the governor, auditor, and treasurer, in j.ursuance of the 
provisions of an an act entitled "an act making appropriations for 
the completion of the state-house," approved February 16, 1847. 

§ 2. It shall be the duty of the governor, auditor, and treasur- 
er, before advertising for letting said work, to employ a competent 
mechanic to make specifications of the said work, the manner and 
how said work shall be done, and said specifications shall be adver- 
tised together with the advertisement for letting said work. 

This act to take effect from and after the passage. 

Approved February 12, 1849. 



SWINE— RIVERS. ISO 

AN ACT to prevent swine from running at large in certain counties. In force, 

AprU lj 1S4 9- 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That from and after the first 
day of April next, it shall not he lawful for any person or persons, 
being the owner or owners of any swine, to allow- them to run at 
large within the counties of Bureau, Cook, Ogle, Du Page, Kane, 
and De Kalb. If any person or persons, residing within said coun- 
ty of Bureau and others, being the owner or owners of any hog or 
hogs, shoat or shoats, pig or pigs, shall permit them to run at large 
within said county or counties, as aforesaid, such person or persons 
shall forfeit and pay the sum of one dollar per head, to any person 
or persons making complaint before any justice of the peace in and 
for said counties, to be collected as in action for debt, before such 
justice of the peace, together with the costs of suit. 

Approved February 10, 1849. 



AN ACT to levy a tax in Iroquois county, to improve the Kankakee and Iroquois In force, 

rivers. April 13, 1S19. 

Section 1 . Be it enacted by the people of the state of Illinois 
represented in the general assembly, That the county court of Iro- 
quois county may levy and cause to be collected a lax on all taxa- 
ble property of said county, a sum not to exceed one dollar upon 
each one hundred dollars' worth of taxable property in said county, 
for the purpose of improving the Kankakee and Iroquois rivers ; 
Provided, first, that the clerk of the said court shall, at least thirty 
days previous to the next general election for county officers, cause 
to be posted up at least three notices in each precinct, setting forth 
that votes will be received on such election day for or against the 
levy of scid tax ; and on counting the votes of said county, should 
it appear that a majority of all the votes given are in favor of said 
tax being levied, then the said court may cause the same to be levied 
and collected. 

§ 2. It shall be the duty of the clerk of said court to make 
separate columns, setting forth the amount of each person's tax so 
levied. 

§ 3. The collector shall not receive for said tax other funds 
than gold or silver, and when collected the county court may sub- 
scribe such amount of the capital stock of the Kankakee and Iro- 
quois navigation and manufacturing company. 

§ 4. The said county shall have all the rights and privileges, 
after having made such subscription, that a natural person might or 
could have in reference to said stock and companv. 

§ 5. The said tax may, in the discretion of the said court, be 
continued from year to year, until said improvement shall be fully 
completed, with the approbation of the people of said county, as 
before mentioned. 

§ 6. The collector shall be liable upon his bond for the amount 
thus collected, in all respects the same as he now is for county reve- 
nue, and receive the same compensation for collecting the said tax. 

Approved February 12, 1849. 



136 TAXES. 

In force, AN ACT to legalise the tax of Lake county for 1848. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the levy and tax list for 
the year 1848, now in the hands of the collector of Lake county, 
be, and the same is hereby, legalised and declared binding and valid 
for the whole tax levied, except two mills of the amount levied for 
state purposes, under article rifteen of the constitution ; and said 
collector is hereby directed to collect the amount levied, except the 
said two mills. 

§ 2. The sheriff and ex officio collector of said county shall, 
upon the application of any person who may have paid any part of 
said two mills, refund the same to said person, and in order that 
such person may have notice of the refunding, the collector shall 
give notice, by advertisement, for the space of thirty days, in some 
public newspaper printed in said county, and all of said tax that 
may not be refunded on or before tne first day of January, 1850, 
shall be paid into the county treasury for the use of said county 
of Lake. 

§ 3. The said*collector, in returning any lands to the court for 
judgment in pursuance of the provisions of the revenue law, shall 
set down in said return only the amount that may be due upon such 
lands, after deducting said two mills, and judgment shall be render- 
ed accordingly. 

Approved February 12, 1849. 



In force, -^N ACT to legalise the assessment of taxes in St. @lair county. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the assessment of taxes 
for and in the county of St. Clair, in this state, for the years A. D., 
1847 and 1848, be, and the same are hereby, legalised, any mistake 
in the amount of said assessments, or any failure on the part of the 
assessor of said county to return the said assessment within the 
time prescribed by law, to the contrary notwithstanding. 

§ 2. That the collector of the revenue in and for the county oi 
St. Clair, for the year of our Lord one thousand eight hundred and 
forty-nine, shall pay into the county treasury of the county of St. 
Clair, the sum of one thousand and ninety-four dollars and sixteen 
cents, out of the state revenue collected for said year. The said 
sum of one thousand and ninety-four dollars and sixteen cents, be- 
ing the excess paid by said county for state purposes for the year 
A. D., 1847. A certificate from the county court of St. Clair coun- 
ty that said sum has been so paid into the county treasury by the 
said collector, shall be a sufficient voucher and evidence of the same 
to enable said collector to settle with the auditor for the taxes of said 
year. 

Approved February 12, 1849. 



TAXES. J §7 

AN ACT legalising the assessment of property in Madison county, Illinois. In force 

Feb. 5, 1849- 

Sectto^ 1. Be it enacied by the people of the state of Illinois, 
represented in the geneul assembly, That the assessment of property 
for taxation in the county of* Madison, state of Illinois, for the years 
one thousand eight hundred and forty-five, one thousand eight hun- 
dred and fortj r -six, and one thousand eight hundred and forty-sev- 
en, be, and the same are hereby, legalised, any neglect or inability 
on the part of the assessor or assessors of said county to make and 
return the assessment for either or all of said years within the time 
required by law, to the contrary notwithstanding. 

§ 7. This act to take effect and be in force from and after its 
passage. 

Approved February 5, 1849. 



AN ACT to authorise Madison county to levy a special tax or make a loan of In force 

money. Jan. 16, 1840. 

Section 1. Be it enacted by the people of the state of Illinois, 
represented in the general assembly, That the county commission- 
ers' court of Madison county, Illinois, are hereby empowered and 
authorised to levy a special tax upon the inhabitants of said county 
to an amount not exceeding fifteen thousand dollars, in such manner 
and at such times as the said county commissionerers may think 
proper. 

§ 2. The said county commissioners' court shall be required, in 
case they decide to levy the said tax, to proceed to levy and collect 
said tax in such manner as is now provided by law in regard to the 
collection of the revenue of this state. 

§ 3. The said county commissioners' court are hereby author- 
ised, in case they do not deem it advisable to levy atax as above sta- 
ted, to borrow on behalf of said county a sum of money, not ex- 
ceeding fifteen thousand dollars, in such manner and at such times 
as they shall deem proper. 

§ 4. The said money, or so much thereof as said court shall 
deem necessary, shall be applied to the payment of existing debts, 
or to the construction of roads, bridges, and other necessary im- 
provements in said county, according to law. 

§ 5. In case the said court should determine to effect the loan as 
provided for under the third section of this act, they are hereby au- 
thorised to contract to give interest upon said loan at the rate of ten 
per cent, per annum, if it cannot be procured at a less rate. 

§ 6. Said court is hereby authorised to make any contracts or 
agreements necessary in the premises, but are precluded from sub- 
jecting to taxation any species of property not subject to taxation 
under the general laws of' this state. 

§ 7. This act to take effect from and after its passage. 

Approved January J 6, 1849. 



1S8 



TELEGRAPHS. 



In force 
Feb. 9, 1S49. 



Any person 
may organise 
company. 



To make cer- 
tificate. 



Shall be a body 
politic, &c. 



Powers. 



To construct 
lines of tele- 
graphs. 



Proviso. 



Damages. 



AN ACT for the establishment of telegraphs. 

Section 1. Be it enacted by the people of the state of Illinois? 
represented^ in the general assembly, That any number of persons 
may associate for the purpose of constructing a line of telegraph 
through this state, or from and to any point within this state, upon 
such terms and conditions, and subject to the liabilities prescribed 
in this act. 

§ 2. Such persons, under their hands and seals, shall make a cer- 
tificate, which shall specify — 

1st. The name assumed to distinguish such association, and'to 
be used in its dealings, and by which it may sue and be sued. 

2d. The general route of the line of telegraph, designating the 
points to be connected. 

3d. The capital stock of such association, and the number of 
shares into which the stock shall be divided. 

4th. The names and places of residence of the share-holders, 
and the number of shares held by each of them respectively. 

5th. The period at which such association shall commence and 
terminate; which certificate shall be proved or acknowledged and 
recorded in the office of the clerk of the county where any office 
of such association shall be established, and a copy thereof filed in 
the office of the secretary of state; such acknowledgment may be 
taken by any officer authorised to take the acknowledgment of deeds 
of real estate at the place where such acknowledgment is taken. 

§ 3. Upon complying with the provisions of the last preced- 
ing section, such association, and their successors and assigns, shall 
be, and hereby are, declared to be a body politic and corporate, by the 
name so as aforesaid to be designated in said certificate, and a copy 
thereof, duly certified Ly the clerk of the county where the same is 
filed and recorded, or by the secretary of state, may be used as ev- 
idence in all courts and places, for and against any such associa- 
tion. 

§ 4. Such association shall have the power to purchase, re- 
ceive, and hold such real estate as may be necessary and convenient 
in accomplishing the objects for which such association may be 
formed, and may appoint such directors, officers, and agents, and 
employ such servants, and make such prudential rules, regulations, 
and by-laws as may be necessary in the transaction of the business, 
not inconsistent with the laws of this state, or of the United States. 

§ 5. Such association is authorised to construct lines of tele- 
graphs, and maintain such as are already constructed along and up- 
on any of the public roads and highways, and across any of the 
waters, and across and over the lands, whether public or" private, 
within the limits of this state, by the erection of the necessary fix- 
tures, including posts, piers, or abutments for sustaining the cords 
or wires of such lines ; Provided, the same shall not be so construc- 
ted as to incommode the public use of said roads or highways, or 
injuriously interrupt the navigation of said waters, nor shall this 
act be so construed as to authorise the erection of any bridge across 
any of the waters of this state. 

§ 6. If any person over whose lands said lines shall pass, up- 
on which said posts, piers, or abutments shall be placed, shall con- 
sider himself aggrieved or damaged thereby, it shall be the duty of 
the circuit judge within whose district such lands are, on the ap- 



TELEGRAPHS. J g9 

plication of such persons, and on notice to said association, (to be 
served on the president or any director) to appoint three discreet 
and disinterested persons as appraisers, who shall severally take 
an oath before any person authorised to administer oaths, faithfully 
and impartially to perform the duties required of them by this act. 
And it shall be the duty of said appraisers, or a majority of them, 
to make a just and equitable appraisal of all the loss or damage 
sustained by said applicant by reason of said lines, posts, piers, or 
abutments, duplicates of winch said apprai>ment shall be reduced 
to writing and signed by said appraisers or a majority of them — one 
copy shall be delivered to the applicant, and the other to the presi- 
dent, or any director or officer of said association or corporati jn, on 
demand; and in case any damages shall be adjudged to said applicant, 
the association or corporation shall pay the amount thereof with 
costs of said appraisal; said costs to be liquidated and ascertained 
in said award, and said appraisers shall receive for their services 
two dollars for each day they are actually employed in making said 
appraisment. 

§ 7. Any person who shall unlawfully and intentionally injure, Penalty for ir.- 
molest, or destroy any of said lines, posts, piers, or abutments, or JUI> ° ines ' 
the materials or property belonging thereto, shall, on conviction 
thereof, be deemed guilty of a misdemeanor, and be punished by a 
line not exceeding five hundred dollars, or imprisonment in the pen- 
itentiary not exceeding one year, or both, at the discretion of the 
court having cognizance thereof. Prosecutions under this act shall 
be by indictment in any court having criminal jurisdiction. 

§ 8. It shall be lawful for any association of persons organised Ma J'. increase 
under this act, by their articles of association, to provide for an in- capi ' 
crease of their capital, and of the number of the association, and 
of the extension of new lines of telegraph from time to time, as 
they may think proper. 

§ 9. If any association or associations organised under this act Pennltv for re " 
shall refuse to receive dispatches from and for other telegraph lines ce i ve " gj S . 
or associations, and shall refuse to transmit the same in good faith patches, 
and with impartiality, such association or associations so offending, 
shall forfeit all rights and privileges acquired under ihis act, and 
the same shall cease and be dissolved. 

§ 10. The legislature may at any time alter or repeal this act. Repeal. 

§11. It shall be the duty of all persons employed in transmit- Duty of peraon 
ling messages by telegraph, to transmit them in the order in which operator'. 3S 
they are received, and any person who shall fail so to transmit mes- 
sages, or who shall suppress a message, or who shall make known Penalty for (li- 
the contents of a message, to any person other than the one to whom vu| g in 8 C0D - 
. "^ . to fits of (lis- 

it is addressed, or to his attorney, shall be deemed guilty of a misde- patches. 

meanor and be punished by a fine not exceeding one thousand dollars. 

§ 12. Process or notice served upon any clerk or agent of any Process, 
of said companies formed under this act, at any of the offices of 
such company, shall be sufficiently served for all purposes whatso» 
ever. 

§ 1 3. This act is hereby declared to be a public act and to take 
effect on its passage. 

Approved February 9, 1849. 



190 



TOWNSHIP ORGANISATION 



In force April AN ACT to provide for township and county organisation, under which any county 
16, 1849. may wganise whenever a majority of voters Of such countj, at any gential elec- 

tion, shall so determine. 

ARTICLE FIRST. 

Section 1. Be it enacted by the people of the stale of Illinois, 
vote for or represented in the general assembly, That at the next general elec- 
tion of ^owi '* on to ^ e ne ^ m tne several counties in this state, the qualified 
ships. voters of each county may vote for or against township organisa- 

tion in their respective counties. 
By ballot. § 2. The county commissioners' court, or the county court, 

whichever shall be in commission^ of their respective counties, 
shall at their next general election cause to be submitted to the voters 
of the county the question of township organisation under this act, 
by ballot, to be written or printed, or partly written or partly 
printed, "for township organisation," or "against township or- 
ganisation," to be canvassed and returned in like manner as votes 
for state and county officers. 
Clerk to enter § &• The clerk of the county court shall enter an abstract of 
abstract. the returns of said election, to be made out and certified as in elec- 

tions for state and county officers, record the same at length upon 
the record of the county court of the county, and shall certify the 
same to the general assembly at its next session thereafter. 
To take effect § 4. If it shall appear by the returns of said election that a ma- 
April, 1850. jority of all the votes cast for or against township organisation is 
for township organisation, then the county so voting in favor of its 
adoption shall be governed by and subject to the provisions of this 
act on and after the first Tuesday in April, 1850. \ 

Commissioner § 5. The county court or county commissioners' court, which- 
to be appoint- ever shall be in commission at that time, shall at its next session 
appoint three commissioners, residents of the county, to divide the 
county into towns or townships, and the said commissioners' servi- 
ces shall be audited by the first board of supervisors, and paid by 
the county. 
Townships how § &'■ The commissioners shall proceed to divide such county 
formed. into towns, by making as many towns as there are townships accor- 

ding to government surveys. Where fractions of townships are 
caused by the county lines not being in accordance with the ^sur- 
veyed townships, then the commissioners may attach such fraction 
to adjoining towns where the number of inhabitants or the amount 
of territory shall not be sufficient for a separate town; where a sur- 
veyed township shall have too few inhabitants for a separate organ- 
isation, then such township may be added to some adjoining town, 
or such township may be divided between two or more towns, for 
the time being. And where creeks or rivers may so divide such 
townships as to be inconvenient for transacting town business, then 
such creek or river may be made the town boundary, and the town 
fractions so formed may be disposed of as fractions caused by 
county lines. 

§ 7. Townss hall be named in accordance with the expressed 
wish of the inhabitants of the town, and if there shall not be a degree 
of unanimity as to the name, the commissioners may designate the 
name. 
Tamakereport, § 8. The commissioners so appointed shall make a written re- 
port of their proceedings, giving the names and bounds of each 



TOWNSHIP ORGANISATION. 



191 



town, and present such report to the clerk of the county court, on 
or before the first day of March, in the year 1850. 

§ 9. The clerk of the county court shall thereupon make out Town meeting. 
notices for each town, designating a suitable place lor holding the 
first town meeting in such town, on the tirst Tuesday in April, 1850, 
and deliver such notices to the sheriff of the county, who shall 
oause the same to be posted in not less than three of the most pub- 
lic places of the town, and not less than fifteen days before the first 
Tuesday in April aforesaid. 

§ 10. Each clerk of the county court, shall within thirty days Clerk to for- 

after receiving such report of the commisssoners. transmit by mail ward abstract 

° f i i- i> i • i i to auditor. 

to the auditor ol public accounts ol this state, an abstract of such 

report, giving the bounds of each town and the names designated. 

And said clerk shall record in a book for the purpose, a description 

of each town as fully as the report of the said commissioners. 

§ 11. If the auditor of public accounts, on comparing the ab- Duty of auditor, 
stracts of the reports from the several counties, shall find that any 
two or more towns have names alike, he shall by lot decide which 
town shall retain the name given, and transmit to the clerk of the 
county court of the county or counties which have to alter the name 
or names of such town or towns, and the board of supervisors of 
such county shall at its next meeting thereafter adopt for such town 
some name different from those named, so that no two towns organ- 
ised under this act shall be named alike ; and when such name 
shall be adopted, the clerk of the county court shall inform the au- 
ditor of public accounts as before directed. 

§ 12. The auditor of public accounts shall make a record of To reeord boun 
the names and boundaries of the several towns organised under aries * 
this act. 

§ 13. If the voters of any county shall neglect or fail to avail on failure to 
themselves of the provisions of this act, it shall be submitted to the take vote, 
voters of any such county, at any subsequent general election, at the 
option of the county court, or by the county court, when requested 
in writing by fifty freeholders of such county — then on such request 
it shall be submitted to the voters of such county, at the next general 
election thereafter, as before provided ; and if a majority of the votes 
cast for or against township organisation shall be in favor thereof, 
then the county court shall proceed to do all things as herein provi- 
ded for proceeding to township organisation, and such county shall, 
on and after the first Tuesday in April following such general elec- 
tion, be governed by and subject to the provisions of this act. 

ARTICLE SECOND. 

Of the rights, powers, and liabilities of towns as bodies corporate. 

Section 1. Each town as a body corporate has capacity — Rights aid lia- 

lst. To sue and be sued in the manner prescribed in the laws towns! ° f 
of this state. 

2d. To purchase and hold lands within its own limits, and for the 
use of its inhabitants, subject to the power of the general assem- 
bly. 

3d. To make such contracts, purchase and hold such personal 
property as may be necessary to the exercise of its corporate or 
administrative powers. 



J 92 TOWNSHIP ORGANISATION, 

4th. To make such orders for the disposition, regulation, or use 
of its corporate property as may be deemed conducive to the inter- 
ests of its inhabitants. 

§ 2. No town shall possess or exercise any corporate powers, 
except such as are enumerated in this act, or shall be specially 
given by law, or shall be necessary to the exercise of the powers 
so enumerated or granted. 
Suits against § 3. All acts or proceedings by or against a town in its corpo- 
town. rate capacity, shall be in the name of such town ; but every convey- 

ance of lands within the limits of such town, made in any manner 
for the use or benefit of its inhabitants, shall have the same effect 
as if made to the town by name. 

ARTICLE THREE. 

Oj town meetings. 

Annual town Section 1. The citizens of the several towns of this state, 
qualified by the constitution to vote at general elections, shall annu- 
ally assemble and hold town meetings in their respective towns on 
the first Tuesday in April, at such place in each town as the elec- 
tors thereof at their annual town meetings shall from time to time 
appoint. 

Town officers. § 2. There shall be chosen at the annual town meeting in each 
town, one supervisor, one town clerk, one assessor, one collector, 
one overseer of the poor, three commissioners of highways, two 
constables, two justices of the peace, as many overseers of high- 
ways as there are road districts in the town, and so many pound 
masters as the electors may determine. 

Fence viewers. § 3. The assessor and commissioners of highways, elected in 
every town, shall by virtue of their office be fence viewers of such 
town. 

Powers of ^ 4 # The electors of each town shall have power at their annu- 

al town meetings — 

Electors at town i s t. To determine the number of pound masters and the locality 

meeting. r> j 

ot pounds. 

2d. To elect such town officers as may be required to be cho- 
sen. 

3d. To direct the institution or defence of suits at law or in 
equity in all controversies where such town shall be interested. 

4th. To direct such sum to be raised in such town, for prosecu- 
ting or defending such suits, as they may deem necessary. 

5th. To make rules and regulations for ascertaining the suffi- 
ciency of all fences in such town, and for impounding animals. 

t>th. To determine the times and manner in which cattle, horses, 
mules, asses, hogs, sheep, or goats shall be permitted to go at large, 
and what animals shall not be permitted to go at large. 

7th. To impose such penalties on persons offending against any 
rule or regulation established by such town, excepting such as re- 
late to the keeping and maintaining of fences, as they may think 
proper, not exceeding ten dollars for each offence, and 

8th. To apply such penalties when collected in such manner as 
they may deem most conducive to the interests of such town. 
Special town § 5. Special town meetings shall be held to supply vacancies 
meetings. j n ^ severa ] cases hereinafter provided for. They shall be held 



TOWNSHIP ORGANISATION. J 93 

when the supervisor, town clerk, and the justices of the peace, or 
any two of them, together with twelve other freeholders of the 
town, shall, in writing, file in the office of the town clerk a statement 
that a special town meeting is necessary to the interests of the 
town, and the town clerk shall then, by posting up notices in five of 
the most public places in the town, giving at least ten days notice 
of such special town meeting, and such meeting shall act on no sub- 
ject which is not specified in the notice calling said meeting. 

§ 6. Every order or direction, and all rules and regulations Rules ami regu- 
made by every town meeting, shall remain in force until the same latl0ns - 
shall be altered or repealed at some subsequent meeting. 

§ 7. Whenever a town meeting be held in any town, no civil Voters exempt 
process shall [be] served on any elector of such town while going r m pr0 
to, returning from, or attending such town meeting. 

ARTICLE FOURTH. 

■Of the method of conducting town meetings. 

Section 1. The electors present, at any time between the hours Presiding offi- 

of nine and ten o'clock in the forenoon of the day on which there is cer of towa 

* . . meetings. 

an annual or special town meeting, shall proceed to choose one ot 

their members to preside as moderator of such town meeting. 

§ 2. The town clerk last before elected or appointed, shall be Clerk of town 
the clerk of the town meeting and shall keep faithful minutes of meetim 2 s - 
its proceedings, in which he shall enter at length every order or 
direction, and all rules and regulations made by such meetings. 

§ 3. If the town clerk be absent, then such person as shall be Clerk pro tern, 
chosen for that purpose by the electors present shall act as clerk of 
the meeting. 

§ 4. Town meetings shall be kept open in the day time only, Hours of meet- 
between the rising and setting of the sun. The electors present at ing " 
any town meeting may commence the business of such meeting be- 
tween the hours of nine and ten o'clock in the forenoon. 

§ 5. All questions upon motions made at town meetings, shall Questions in 
be determined by the majority of the electors voting, and the officer jj^" mee " 
presiding at said meeting shall ascertain and declare the result of the 
votes upon each question. 

§ G. If any person offering to vote at any election, or upon Challenge of vo- 
any question arising at such town meeting, shall be challenged as 
an unqualified voter, the presiding officer shall proceed thereupon 
in like manner as the judges at general elections are required, adap- 
ting the oath to the circumstances of the town meeting. 

§ 7. No person shall be a voter at any town meeting unless he Q v ll a t 1 e 1 ^ at,en of 
shall be qualified to vote at general elections, and has been for the 
last thirty days an actual resident of the town wherein he shall of- 
fer to vote. 

§ 8. The minutes of the proceedings of every town meeting, Min ^ s ^ pro- 
subscribed by the clerk of said town meeting, and by the presiding 
officer, shall be filed in the office of the town clerk, within two days 
after such town meeting. 

(N) 



]94 TOWNSHIP ORGANISATION. 

ARTICLE FIFTH. 

Of the election of town officers. 



Opening of 



Section 1. Before the electors shall proceed to elect any town 
meeting. officer, proclamation shall be made of the opening of the polls, and 

proclamation shall in like manner be made of each adjournment and 
of the opening and closing of the polls, until the election is ended. 
Officers chosen § 2. The supervisor, town clerk, assessor, overseer of the 
poor, collector, commissioners of highways, constables, and justices 
of the peace, shall be chosen by ballot; all other officers shall be 
chosen, either 
1st. By ballot. 
2d. By yeas and nays, or 

3d. By dividing the electors, as the electors of the meeting may 
determine. 
Mode of voting § 3. When the electors vote by ballot, all the officers voted for 
y a ° ' shall be named in one ballot, which shall contain written or prin- 
ted, or partly written and partly printed, the names of the persons 
voted for, and the offices to which such persons are intended to be 
chosen, and shall be delivered to the presiding officer so folded as 
to conceal the contents. 
Poll list, § 4 # When the election is by ballot, a poll list shall be kept by 

the clerk of the meeting, on which shall be entered the name of 
each person whose vote shall be received. 

D <un y officer* 1 " § 5 ' When the election is b y ballot, the presiding officer shall 
deposit the ballots in a box provided for that purpose. 

To canvass the § 6. At the close of every election by ballot, the presiding offi- 
votes. cer shall proceed publicly to canvass the votes; which canvass, 

when commenced, shall be continued without adjournment or inter- 
ruption until the same be completed. 

In case of § 7. The canvass shall be conducted by taking a ballot at a 
ou e allot. £j me f rom tne Fallot D0X) an d continue counting until the number of 
ballots are equal to the number of names on the poll list, and if 
there shall be any left in the box, they shall be immediately de- 
stroyed, and such persons as shall have the greatest number of 
votes, shall be declared to be elected. If on opening the ballots, 
two or more ballots shall be found to be so folded that it shall be 
apparent that the same person voted them, the presiding officer shall 
destroy such votes immediately. 

Result to be en. § 8. The canvass being completed, a statement of the result 

tered by clerk, gjjjjj De entered at length by the clerk of the meeting in the minutes 
of its proceedings, to be kept by him as before required, which 
shall be publicly read by him to the meeting, and such reading shall 
be deemed notice of the result of such election, to every person 
whose name shall have been entered on the poll list as a voter. 

Notice to offi- § 9. The clerk of every town meeting, within ten days there- 

cers e ec . after, shall transmit to each person elected to any town office, 
whose name shall not have been entered on the poll list as a voter, 
a notice of his election. 



TOWNSHIP ORGANISATION. J 95 

ARTICLE SIXTH. 

Of the qualifications of town officers, and their tenure of office. 

Section 1. No person shall be eligible to any town office unless Qualification 
he shall have been a resident of the state two years, and one year 01 otficrs. 
a resident of such town. 

§ 2. Every person chosen to the office of supervisor, town To take oath> 
clerk, assessor, overseer of the poor, commissioner of highways, 
before he enters upon the duties of his office, and within ten days 
after he shall be notified of his election or appointment, shall take 
and subscribe, before some justice of the peace, such oath or affir- 
mation of office as is presciibed by law. 

§ S. Such person shall, within eight days thereafter, cause such And file certifi- 
certificate to be filed in the office of the town clerk. cate " 

§ 4. If any person chosen or appointed to either or any of the Neglect to. 
town offices above enumerated, shall neglect to take and subscribe 
such oath, and cause the certilicate thereof to be filed as above re- 
quired, such neglect shall be deemed a refusal to serve. 

§ 5. Every person chosen or appointed to the office of over- Acceptance to 
seer of highways or pound master, before he enters on the duties esi s ni >e • 
of his office, and within ten dajs after he shall have been notified of 
his election or appointment, shall cause to be filed in the office of 
town clerk a notice signifying his acceptance of such office; a neg- 
lect to cause such notice to be filed, shall be deemed a refusal to 
serve. 

§ (3. Every person chosen or appointed to the office of collec- Give bond, 
tor, before he enters upon the duties of his office, and within eight 
days after he receives notice of the amount of taxes to be collected 
by him, shall execute to the supervisor of the town, and lodge with 
him a bond, with one or more sureties, to be approved by such su- 
pervisor, in double the amount of such taxes, conditioned for the 
faithful execution of his duties as such collector. 

§ 7. The supervisor shall, within six days thereafter, file such Bond to be filed, 
bond, with his approval endorsed thereon, in the office of the recor- 
der, who shall make an entry thereof in a book to be provided for 
the purpose, in the same manner in which judgments are record- 
ed, and every such bond shall be a lien on all the real estate held Bond tobeli€n « 
jointly or severally by the collector and his sureties within the coun- 
ty, at the time of the filing thereof, and shall continue to be such 
lien until its conditions, together with all costs and charges which 
may accrue by the prosecution thereof, shall be fully satisfied. 

§ 8. Every person chosen to the office of constable, before he Constables 
enters upon the dnties of his office, and within eight days after he ele< f , t( ? fi ' e 
shall be notified of his election or appointment, shall take and sub- 
scribe the oath of office prescribed by law, and shall execute, in the 
presence of the supervisor or town clerk of the town, with one or 
more sureties to be approved of by such supervisor or town clerk, an 
instrument in writing, by which such constable and his sureties shall 
jointly and severally agree to pay to each and every person who may 
be entitled thereto, all such sums of money as the said constab e may 
become liable to pay on account of any execution which shall be de- 
livered to him for collection. 

§ 9. The supervisor or town clerk shall endorse on such in- Bond filed, 
strument his approval of the sureties therein named, and shall then 



]96 TOWNSHIP ORGANISATION. 

cause the same to be filer! in the office of the (own clerk, and a copy 
of such instrument, certified bv the town clerk, shall be presump- 
tive evidence in all courts of the execution thereof by such consta- 
ble and his sureties. 

Action against § 10. All actions againt a constable or his sureties, upon any 
constables. such instrument, shall be prosecuted within two years after the ex- 
piration of the year for which the constable named therein shall 
have been elected or appointed. 

Failure to va- § H- If any person chosen or appointed to the office of collector 
cate office, or constable, shall not give such security and lake such oalh as is 
required above, within the lime limited for that purpose, such ne- 
glect shall be deemed a refusal to serve. 

§ 12. If any person chosen or appointed to the office of super- 
visor, town clerk, assessor, commissioner of highways, or overseer 
of the poor, shall refuse to serve, he shall forfeit to the town the 
sum of twenty-five dollars. 

certain officers § 13. If any person chosen or appointed to the office of over- 

to forfeit $10 seer f highways or pound master, shall refuse to serve, he shall 
by refusal to ,. P .. , f, , J ,, x ... , ,, 

serve, lorfeit to the town the sum of ten doilars. 

if enter upon § 14. If any town officer who is required by law to take the 
oitice before oath of office, shall enter upon the duties of his office before he 
sha'Hor ct S5o sna ^ have taken such oath, he shall forfeit to the town the sum of 

fifty dollars. 
Tenure of ofli- § if>_ Town officers, except justices of the peace, shall hold 
their offices for one year and until others are chosen or appointed 
in their places, and are qualified. The justices of the peace shall 
hold their offices for four years, or until others are chosen and qual- 
ified. 

ARTICLE SEVENTH. 

Vacancies in town offices, and the manner of filling them. 

In case of va. Section 1. If any town shall neglect at its annual town meeting 
cancies, how t c h uose its proper town officers, or either of them, or any vacan- 
cy occuring, it shall be lawful for the justices of the peace, togeth- 
er with the supervisor and town clerk, or by a warrant under their 
hands and seals, to appoint such officers, and the persons so ap- 
pointed shall hold their respective offices until others are chosen or 
appointed in their places, and shall have the same powers and be 
subject to the same duties and penalties as if they had been du- 
ly chosen by the electors. 
Wan-ant of ap- § 2. The justices and supervisors, or -town clerk, making such 
pointment til- appointment, shall cau#e such warrant to be forthwith filed in the 
ed - office of the town clerk, and forthwith give notice to each person 

appointed. 
Resi nation of § 3. The justices of the peace of a town may, for sufficient cause 
town officers, shown to them, accept the resignation of any town officer of their 
town, and whenever they shall accept any such resignation, they 
shall forthwith give notice thereof to the town clerk of the Lown. 

ARIICLE EIGHTH. 

Moderator's du- S ECTI0N ]. The moderator, chosen by the electors to preside 
meetings, at the annual or special town meetings, shall regulate the busines 



TOWNSHIP ORGANISATION. JQ7 

and proceedings thereof, and shal 1 decide all questions of order, and 
shall make public declaration of all votes passed. When any votes 
so declared by him shall, upon such declaration beinac questioned 
by one or more of the electors present, he shall make the vote cer- 
tain by causing the voters to rise and be counted, or by dividing off. 

§ 2. If any person shall conduct in a disorderly manner, and Disorderly con- 
after notice from the moderator shall persist therein, the moderator | n u „.^ a laLe " 
may order him to withdraw from the meeting, and on his refusal 
may order a constable or other person to take him from the meeting 
and confine him in some convenient place until the meeting shall 
adjourn, and the person so refusing to withdraw shall, for Mich of- 
fence, further forfeit a sum not exceeding ten dollars to the use of 
the town. 

§ 3. If any moderator shall, at any town meeting before the Penalty inr 
poll is closed, read or examine, or permit any person to read or ex- reatlin s ballots, 
amine the names on any voter's ballot, with a view to ascertain any 
candidate voted for by him, such tnoderator shall forfeit to the use 
of the town the sum of twenty-live dollars. 

§ 4. Before the moderator or presiding officer of any town Moderator to 
meeting shall enter upon the duties of his office, he shall take an takeoath ' 
oath faithfully and impartially to discharge the duties of such office; 
which oath may be administered by the town clerk or other proper 
officer. 

ARTICLE KISTH. 

The duties of supervisor. 

Section 1. The supervisor of each town shall receive and pay Money, how- 
ever all moneys raised therein for defraying town charges, except ree'd and paid, 
those raised for the support of highways and bridges. 

§ 2. He shall prosecute in the name of his town, or otherwise suits, how pro- 
as may be necessary, for all penalties of fifty dollars and under, secuteU ' 
given by law to such town or for its use, and for which no other 
officer is specially directed to prosecute. 

§ 3. He shall keep a just and true account of the receipt and Keep accurate 
expenditure of all moneys which shall come into his hands, by vir- accoullt ' 
tue of his office, in a book to be provided for that purpose at the 
expense of the town, and be delivered to his successor in office. 

§ 4. On Tuesday preceding the annual town meeting he shall Report, 
account with the justices of the peace and town clerk of the town 
for the disbursement of all moneys received by him. 

§ 5. At every such accounting the justices and town clerk shall Certificate of 
enter a certificate in the supervisor's book of accounts, showing the account * 
state of his accounts at the date of the certificate. 

§ 6. The supervisor of each town shall attend the annual meet- To attend meet- 
ing of the board of supervisors of the county, and every adjourned ing of t«ard. 
or special meeting of such board of wdiich he shall have notice. 

§ 7. He shall receive all accounts which may be presented to Receive ac. 
him against the town, and shall lay them before the board of super- c ' Junts - 
visors at their next meeting. 

§ 8. He shall also lay before the board of supervisors, such Copies of en- 
copies of entries concerning moneys voted to be raised in his town *™f*j mM?y 
as shall be delivered to him by the town clerk. 



198 



TOWNSHIP ORGANISATION. 



Supervisor, § 9 # If any supervisor shall refuse or neglect to perform the 

penalty. duties of his olKce, contained in the preceding sections, he shall 

forfeit to the town the sum of fifty dollars. 

ARTICLE TE.NTII. 

Of the duties of iowi clerk. 

Records. Section 1. The town clerk of each town in this state shall have 

the custody of all the records, books, and papers of the town, and 
he shall duly hie all certificates of oaths and other papers required 
by law to be filed in his office. 

Proceedings of § 2. He shall transcribe in the book of records of his town the 

townineeti'gs. minutes of the proceedings of every town meeting held therein, and 
lie shall enter in such book every order or direction, and all rules 
and regulations made by any such town meeting. 

ci'k to deliver § 3. He shall deliver to the supervisor before the annual meet- 
supervisor ing of the board of supervisors of the county, in each year, certified 
oeitixcate. copies of all entries of votes for raising money, made since the last 
meeting of the board of supervisors, and recon ed in the town book. 

To ret>n names § 4. The town clerks, immediately after tbe qualifying of any 
of constables, constables chosen or appointed in their respective towns, shall re- 
turn to the clerks of their respective counties the names of such 
constables. 

Penalty of cl'k. § 5. If any town clerk shall wilfully omit to make such return, 
such omission is hereby declared to be a misdemeanor, and on con- 
viction thereof, the person so offending shall be adjudged to pay a 
fine not exceeding ten dollars. 

Evidence. § ^. Copies of all papers duly filed in the office of the town 

clerk, and transcripts from the book of records, certified by him, 
shall be evidence in all courts, in like manner as if the originals 
were produced. 

ARTICLE ELEVENTH. 

Of the board of auditors of town accounts. 

Board of town Section 1. In each town the supervisor, town clerk, and the 
auditors. justices of the town shall con*titu!e a board of auditors, to examine 

the accounts of the overseers of the poor, the commissioners of high- 
ways for such town, for moneys received and disbursed by them. 
Duty of audi- § 2. The board of auditors of town accounts shall meet for the 
tors " purpose of examining the same annually, in each town in the state, 

on the Tuesday preceding the annual town meeting to be held in 
such town. 
To deliver ac- § 3. The accounts so audited shall be delivered, with the certi- 
cnuntstotovvn fi ca t e of the auditor, to the town clerk, to be by him kept on file for 
the inspection of any of the inhabitants of the town; they shall also 
be produced by the town clerk at the next annual town meeting, 
and shall be there read by him. 
Accounts of 3u- § 4. The town clerk and the justices present shall, at the same 
pervisor, how meeting, examine and audit the accounts of the supervisor for mo- 
neys received and disbursed by him ; the accounts so audited shall 
be filed in the office of the town clerk as above provided. 



TOWNSHIP ORGANISATION. 199 

§ 5. The board of auditors, composed of the same officers then A ^ d ^°" t ^ u time 
in office, shall meet at the place of holding the last town meeting, 
on the last Saturday preceding the annual meeting oi the board of 
supervisors, for the purpose of examining and auditing all charges 
and claims payable by their respective towns, and the compensation 
of town officers, except supervisors, for county services. 

§ 6. The said board shall make a certificate, to be signed by a Further duty o f 
majority of said board, specifying the name of the person in whose 
name the account is drawn, the nature of the demand, and the 
amount allowed, and shall cause a duplicate of said certificate to be 
made, one of which shall be delivered to the town clerk of said 
town, to be by him kept on file for the inspection of any of the in- 
habitants of the town, and the other shall be delivered to the super- 
visor, to be by him laid before the board of supervisors of the coun- 
ty, at their annual meeting. 

§ 7. The board of supervisors shall, on review of the same, Duty of super- 
and if approved by them, shall cause to be levied and raised upon 
said town in the same manner as other town charges are levied and 
raised. 

§ 8. The claims and compensation, &c, audited and approved, counts rea dto 
shall be read to the electors at the next annual town meeting direc- electors, 
ted in section three. 

ARTICLE TWELFTH. 

Of the compensation of town officers. 

Section 1. The following town officers shall be entitled to com- 
pensation, at the following rates, for each day actually and necessari- 
ly devoted by them to the service of the town in the duties of their 
respective offices. 

§ 2. The town clerk, assessor, overseer of the poor, and com- Compensation 
missioner of highways, shall receive for their services one dollar town, 
and fifty cents per day, when attending to business out of the town, 
and one dollar for business in his town. 

§ 3. The pound master shall be allowed the following fees for 
his services, to wit : for taking into the pound and discharging 
therefrom every horse, ass, or mule, and all neat cattle, ten cents 
each: for every sheep or lamb, three certs, and for every hog, large 
or small, five cents. 

ARTICLE THIRIEENTH. 

Section 1. Whenever any controversy or cause of action shall In eventof con- 
exist between any towns of this state, or between anv town and an troyersy.mode 
individual or corpora! ion, such proceedings shall be had, either at 
law or in equity, for the purpose of trying and finally settling such 
controversy, and the same shall be conducted in Hke manner and 
the judgment or decree therein shall have the like effect as in other 
suits or proceedings of a similar kind between individuals and cor- 
porations. 

§ 2. In all such suits and proceedings the town shall sue or be Town t0 suc in 
sued by its name, except where town officers shall be authorised by 
law to sue in their name of office for the benefit of the town. 



200 



TOWNSHIP ORGANISATION. 



Thirty days ser- § 4. But no towns or their officers shall be required to appear? 
vice of process answer> or plead to any such suit or action at the tirst term of' the 
court after the commencement thereof, (when the same shall be com- 
menced in the circuit court) unless the process aforesaid shall be 
served as herein directed, at least thirty days before the commence- 
ment of said term, 
served on su- § 5. In all legal proceedings against towns by name, the first 
pervisor. process and all other proceedings required to be served, shall [be] 
served on the supervisor of the town, and whenever any suit or 
His duty to de- proceeding shall be commenced, it shall be the duty of the super- 
fend, visor to attend to the defence thereof, and to lay before the electors 
of the town, at the first town meeting, a full statement of such suit 
or proceedings, for their direction in regard to the defence thereof, 
witnessos. § (j. On the trial of every action in which a town shall be a 
party, or be interested, the electors and inhabitants of such town 
shall be competent witnesses and jurors, except that in suits and 
proceedings by and against towns, no inhabitant of either town shall 
be a juror. 
Suit before jus- § 7. Any action in favor of a town which, if brought by an in- 
tices of the dividual, could be prosecuted before a justice of the peace, may be 
l«eace. prosecuted by such town in like manner before any such justice ; 
but no action to recover a penalty given to a town shall be brought 
before any of the justices of the peace residing in the town for the 
benefit of which the same is prosecuted; but all such actions may 
be brought before any one of the justices of the peace residing in 
any other town in the same county. 
In caseoftres- § £ # Whenever any action shall be brought to recover a penal- 
town lands, ty imposed for any trespass committed on the lands belonging to a 
town, if it shall appear on the trial thereof that the actual amount 
of injury to such town lands in consequence of such trespass ex- 
ceeds the sum of twelve dollars and fifty cents, then the amount of 
the actual damage, with costs of suit, shall be recovered in such ac- 
tion, instead of any penalty for the same trespass, imposed by the 
town meeting, and such recovery shall be a bar to every other suit 
for the same trespass. 
Partition by § 9. Whenever by any decree or decision in any suit or pro- 
court, ceeding brought to settle any controversy in relation to town com- 
mons or other lands, the common property of a town, or for the par- 
tition thereof, the rights of any town shall be settled and confirmed, 
the court in which such proceedings shall be had may partition such 
lands according to the rights of the parties. 
Costs of suit & § 10. In all suits or proceedings prosecuted by or against towns, 
how »aM. S ' or ky or a -? a ' ns t town officers in their name of office, costs shall be 
recovered as in like cases between individuals. Judgments recov- 
ered against a town or against town officers in actions prosecuted 
by or against them in their name of office shall be a town charge, 
and when levied and collected shall be paid to the person to whom 
the same shall have been adjudged. 

ARTICLE FOURTEENTH. 

Miscellaneous provisions of a general nature. 

Pounds. Section 1. Whenever the inhabitants of any town shall deter- 

mine at an annual town meeting to erect one or more pounds there- 






TOWNSHIP ORGANISATION. 201 

in, the same shall be kept under the care and direction of such pound Pound masters. 
master as shall be chosen or appointed for th;it purpose. 

§ 2. The inhabitants of any town may at any annual town meet- May discontin- 
ing discontinue any pounds therein. uepo s. 

§ 3. The following shall be deemed town charges : ^Tined!^' 

1st. The compensation of town officers for services rendered 
their respective towns. 

2d. Contingent expenses necessarily incurred for the use and 
benefit of the town. 

3d. The moneys authorised to be raised by the vote of a town 
meeting tor any town purpose, and 

4th. Every sum directed by law to be raised for any town pur- 
pose. 

§ 4. The moneys necessary to defray the town charges of each Money, how 
town shall be levied on the taxable property in such town, in the raised - 
manner prescribed in the act for raising revenue and other moneys 
for state and county expenses. 

§ 5. Whenever the term of office of any supervisor or town Successors in 
clerk shall expire, and other person shall be elected or appointed J^Jj a e ° d *£ 
to such office, it shall be the duty of such succeeding supervisor or ceive records, 
town clerk, immediately after he shall have entered on the duties of & - c - 
his office, to demand of his predecessor all the records, books, and 
papers under his control belonging to such office. 

And whenever the term of office of the commissioners of high- 
ways or of the overseers of the poor of anj town shall expire, and 
another shall be elected or appointed, it shall in like manner be the 
duty of the person or persons, so elected or appointed, to make 
such demand of their predecessor or predecessors. 

§ 6. Whenever either of the officers abovenamed shall resign 
and another person shall be elected or appointed in his stead, the 
persons so elected or appointed shall make such demand of the per- 
son so resigning. 

§ 7. It shall be the duty of every person so going out of office, Dut y ot **™ * t 
whenever thereunto required pursuant to the foregoing provisions, tfi ce to deliv- 
to deliver upon oath all the records, books, and papers in his pos- er. 
session, or in his control, belonging to the office held by him; which 
oath may be administered by the officer to whom such delivery shall 
be made. It shall also be the duty of every supervisor, commis- 
sioners of highways and of overseers of the poor, so going out of 
office, at the same time to pay over to such successor the balance of 
moneys remaining in his hands as ascertained by the auditors of 
town accounts. 

§ 8. Upon the death of any of the officers above enumerated, lT \ e ^f, «? f 
the successor of such officer shall make such demand as above pro- executors &c. 
vided of the executors or administrators of such deceased officer, t0 deliver, 
and it shall be the duty of such executors or administrators to de- 
liver, upon the like oath, all records, books, and papers in their pos- 
session, or under their control, belonging to the office held by their 
testator or intestate. 



202 TOWNSHIP ORGANISATION. 

ARTICLE FIFTEENTH. 

Of the powers, privileges, and duties of counties, and of certain coun- 
ty officers. 

Section 1. Each county as a body corporate has capacity — 
County may sue j st _ f Q gue an£ j ^ e gue( j j n ^ manner prescribed by law. 

Hold real estate 2d. To purchase and hold land within its own limits, and for the 

use of its inhabitants, subject to the power of the general assembly 

over the same. 

Personal pro- 3d. To make such contracts, and to purchase and hold such per- 

pei y * sonal property, as may be necessary to the exercise of its corporate 

or administrative powers, and 
Dispose of pro- 4th. To make such orders for the disposition, regulation, or use 
perty. f -^ s cor p 0ra te property as may be deemed conducive to the inter- 

est of its inhabitants. 
No other pow- § 2. No county under this organisation shall possess or exercise 
erS *teT enU " an y corporate powers except such as are enumerated in this act, or 
shall be specially given by law, or shall be necessary to the exer- 
cise of the powers so enumerated or given. 
Suits against § 3. All acts and proceedings by or against a county in its cor- 
counties. porate capacity, shall be in the name of the board of supervisors of 
such county. But every conveyance of lands within the limits of 
such county, made in any manner for the use and benefit of its in- 
habitants, shall have the same effect as if made to the board of su- 
pervisors. 
Powers, how § 4. The powers of a county as a bodypolitic can only be ex- 
exercised. ercised by the board of supervisors thereof, or in pursuance of a 
resolution by them adopted. 

article sixteenth. 

Duty of super- Sectio.v 1. The supervisors of the several cities and towns of 
visors in cer- ^ e coun ties of this state that shall adopt the town system vmder 
this act, shall meet annually in their respective counties for the dis- 
patch of business; as a board of supervisors they may also hold 
special meetings at such times and places as they may find conven- 
ient, and shall have power to adjourn from time to time, as they 
may deem necessary. 
Annual meeting § 2. The annual meetings of the board of supervisors shall be 
of supervisors j^j^ on ^g fi rs t Monday after the general election, at the county 
seat, and if the court-house be deemed convenient, to be there held. 
Powers of su- § 3. The board of supervisors of each county in this state shall 
pervisois. have power at their annual meetings, or at any other meeting — 

1st. To make all such orders concerning the corporate property 
of the county as they may deem expedient. 

2d. To audit all accounts chargeable against such county, and 
to direct the raising of such sums as may be necessary to defray 
the same. 

3d. To audit the accounts of town officers and other persons 
against their respective towns, as are not otherwise provided for, 
and to direct the raising of such sums as may be necessary to de- 
fray the same. 



TOWNSHIP ORGANISATION. 203 

4th. To perform all other duties which may be enjoined on them 
by any law of this state to county commissioners' court, or other- 
wise. 

§ 4. A majority of the supervisors of any county shall consti- Quorum. 
tute a quorum for the transaction of business, and all questions 
which shall arise at their meetings shall be determined by the votes 
of the majority of the supervisors present. 

§ 5. The board of supervisors shall sit with open doors, and open doors, 
all persons may attend their meetings. 

§ b'. They shall, at each annual meeting, choose one of their Choose a chair- 
number as chairman, who shall preside at such meeting, and in all man * 
other meetings held during the year ; in case of his absence at any 
meeting, the members present shall choose one of their number as 
a temporary chairman. 

§ 7. Every chairman shall have power to administer an oath to Oaths. 
any person concerning any matter submitted to the board, or connec- 
ted with their powers or duties. 

§ 8. The clerk of the county court shall be clerk of the board Clerk of county 
of supervisors, and whose general duty shall be cl , k of boar(1 

1st. To record in a book, to be provided for the purpose, all the oi supervisors, 
proceedings of the board. and Ms duties 

2d. To make regular entries of all their resolutions or decisions 
on all questions concerning the raising or payment of moneys, or 
for the regulation of affairs under l heir control. 

3d. To record the vote of the supervisors on anj> question sub- 
mitted to the board, if required by any member of the board. 

4th. File and preserve all accounts acted upon by the board. 

§ 9. The clerk shall receive a reasonable compensation for his compensation 
services, to be fixed by the board, to be paid by the county. 0l clt ' lk - 

§ 10. The books, records, and accounts of the board of super- Recorda&c. de- 
visors shall be deposited with the clerk, and shall [be] open, with- c jj rk . 
out reward, to the examination of all persons. 

§11. It shall be the duty of the clerk to designate upon every Duty of clerk, 
account upon which any sum shall be audited and allowed by the 
board, and the charges tor which the same was allowed, and he shall 
deliver to any person who may demand it, a certified copy of any 
account on file in his office, on receiving from such person five cents 
for every one hundred words contained in such copy. 

§ 12. It shall be the duty of the several boards of supervisors Duty of boards 
as often as it shall be necessary to build court-houses and jails, or supeivis 
cause the same to be repaired, in their respective counties at the 
expense of such counties. 

§ 13. It shall be the duty of the board of supervisors to take To take charge 
charge of the poor, and the management of poor-houses in their re- ° poor * 
speotive counties, that is given to the county commissioners' court ; 
and the overseers of the poor of the several towns shall be account- 
able to, and their compensation shall be audited by the board of su- 
pervisors, and paid by the county. 

§ 14. Each member of the board of supervisors shallbe allow- Compensation. 
ed a compensation for his services and expenses in attending the 
meetings of the board, at the rate of one dollar and fifty cent;* per 
day, to be audited by the board, and paid by the county. 

§ 15. If any supervisor shall refuse or neglect to perform any penalty. 
of the duties which are or shall be required of him by law as a mem- 



204 TOWNSHIP ORGANISATION. 

ber of the board of supervisors, be shall, for every such oflence, 
forfeit tne sum of two hundred and fifty dollars. 

ARTICLE SEVENTEENTH. 

Of the county treasurer. 

Doncl atvl ac- Section 1. Every person elected or appointed to the office of 
meci?' 1Ca t0 bS count y treasurer shall, within ten days after he is notified of his 
election or appointment, file in the office of the county court clerk 
a written acceptance of the oliice of treasurer, and before he enters 
upon the duties of his office shall give a bond to the supervisors of 
the county, with two or more sufficient securities, to be approved of 
by the board of supervisors, and in such sum as they shall direct, 
conditioned that such person shall faithfully execute the duties of 
his office, and shall pay according to law all moneys which shall 
come to his hands as treasurer, and render a just and true account 
thereof to the board of supervisors, or to the auditor of public ac- 
counts of this state, when thereupon required. 

Bond filed. § 2. Such bond, with the approbation of the board of supervi- 

sors endorsed thereon by the clerk of the county court, shall be 
filed in his office, and who shall cause an entry thereof in the book 
provided for the entry of collectors' bonds, and shall be alike lien 
against the real estate of such treasurer and his sureties. 

Duty of county § 3. It shall be the duty of the county treasurer to receive all 
treasurer. moneys belonging to the county, from whatever source they may be 
derived, and all moneys belonging to the state which by law are di- 
rected to be paid to huh, and to pay and apply such moneys in the 
manner required by law. 

Keep account. § 4. The county treasurer shall keep a just and true account of 
the receipts and expenditures of all moneys in a book or books to 
be kept for that purpose; which books shall be provided at the ex- 
pense of the county. 

To collect taxes § 5. The county treasurer shall have the same authority to col- 
on delinquent } ec t [j ie taxes charged against delinquent or non-resident lands and 
list &c. i 

town lots, and to make sale thereof lor the same, as is now or may 

hereafter be vested in the sheriff or collectors under the general 
laws of this state, and shall be accounted to the auditor of public 
accounts of this state, make like returns, and pay over the moneys 
due the state in like manner as the sheriffs of counties are required 

Compensation. ^y ^ aw to c '°> an< ^ shall be allowed the same compensation for trav- 
elling fees; provided that they shall pay over the amount due the 
state within thirty days after the settlement with the collector, if 
required by the auditor. 

Exhibit books § 6. At the annual meeting of the board of supervisors, or at 
&c. such other time as they shall direct, the county treasurer shall ex- 

hibit to them all his books and accounts, and all vouchers relating 
to the same to be credited and allowed. 

Death cr resig- § 7. Upon the death, resignation, or removal from office of any 

nation county treasurer, all the books and papers belonging to his office, 

shall be delivered to his successor in office, upon his oath, or in case 
of his death, upon the oath of his executors or administrators. 

Penalty for re- § 8. If any such preceding county treasurer, or in case of his 
u • death, if his executors or administrators shall refuse or neglect to 



TOWNSHIP ORGANISATION. 



205 



deliver such books, papers, and moneys upon oath, when lawfully 
required or demanded, every such person shall forfeit, for the use 
of the county, the sum of one thousand dollars. 

§ 9. The county treasurer shall be entitled to retain a commis- Commission al- 
sion of one per cent, on every dollar which he shall receive and pay owc ' 
out, to wit: one half of said commission for receiving and the [oth- 
er] half for paying. 

§ 10. Whenever the condition of the county treasurer's bond suit upon bond, 
shall be forfeited to the knowledge of [the] board of supervisors 
of the county, and whenever the board shall be required so to do by 
the auditor of public accounts of this state, they shall cause such 
bond to be put in suit. 

§ 11. All moneys recovered in any such action shall be applied Money recov'd. 
by the board of supervisors to the use of the county, unless the same, 
or some part thereof, shall have been recovered by the county treas- 
urer lor the use of the state. In which case such moneys, or such 
part thereof as shall have been so received, shall be paid by the 
county treasurer as the auditor of public accounts shall direct. 

ARTICLE EIGHTEENTH. 

Of the plan by which propzity is to be assessed. 

Section 1. Every person shall be assessed in the town or dis- Assessment 
tiict where he resides, when the assessment is made for all lands now mades. 
then owned by him within such town or district, and occupied by 
him, or wholly unoccupied. 

§ 2. Land owned by a person residing in the town or district In ovneri' 
where the same i> situated, but occupied by another person, may be uame * 
assessed in the name of the owner or occupant at the election of the 
assessor. 

§ 3. Unoccupied lands, if not owned by persons residing in the 
town or district where the same are situated, shall be denomina- 
ted "lands of non-residents," and shall be assessed as hereinafter 
provided for. 

§ 4. When the line between two towns or districts divide a 
farm or lot, the same shall be taxed, if occupied in the town or dis- 
trict where the occupant resides, if unoccupied, each part shall be 
assessed in the town in which the same shall be, and this whether 
such division line be a town only i r be a county liiv . 

§ 5. Every person shall be assessed in the town or district Personal pro- 
where he resides, when the assessment is made for ail personal es- ^5^, W ak ~ 
tale owned by him, including all such personal estate in his pos- 
session or under his control as trustee,^uardian, executor, or ad- Guardian, 
ministrator, and in no case shall properly so held under either of 
those trusts be assessed against any other person. 

§ t>. The real estate of all incorporated companies, liable to Rpal estate o 
taxation, shall be assessed in the town or district in which the same companies, 
shall lie, in the same manner as the real estate of individuals. All 
the personal estate of every incorporated company, liable to taxa- 
tion on its capital, shall be assessed in the town or district where 
the principal orhce or place of transacting the financial concerns in 
this state, then in the town or district where the operations of such 
company shall be carried on. In the case of toll-bridges, the corn- 
pans owning such bridges shall be assessed in the town or district 
in whic i she tolls are collected. 



206 



TOWNSHIP ORGANISATION 



ARTICLE NINETEENTH. 



Of the manner in which assessments are to be made, and the duty 
of assessors. 



Time of assess 
ment. 



Prepare as- 
sessment roll' 



Trustees, guar 
uians, &c. 



Time of com 
pletion. 



Notice. 



Inspection 
roll. 



To review 
sessment. 



Affidavit. 



Certificate, fyc 
of assessor. 



Section 1 . Between the first day of May and July in each year, 
the assessor shall proceed to ascertain, by diligent inquiry, the names 
of all the taxable inhabitants in their respective towns or districts, 
and also all the taxable property, real or personal, within the same. 
§ 2. They shall prepare an assessment roll, in which they shall 
set down in separate columns, and according to the best information 
in their power, all taxable property, in accordance with the reve- 
nue laws. 

§ 3. Where a person is assessed as trustee, guardian, executor, 
or administrator, he shall be assessed as such, with the addition to 
his name of his representative character, and such assessment shall 
be carried out in a separate line from his individual assessment, 
and he shall be assessed for the value of the real estate held by 
him in such representative character, at the full value thereof, and 
for the personal property held by him in such representative char- 
acter. 

§ 4. The assessor shall complete the assessment rolls on or be- 
fore the first day of August in each year, and shall make a fair 
copy thereof, to be kept by him; he shall forthwith cause notices 
thereof to be posted up in three or more public places in the town 
or ward. 

§ 5. Such notices shall set forth that the assessor has comple- 
ted the assessment roll, and that a copy thereof may be seen and 
examined by any of the inhabitants of the town or district, during 
twenty days, and setting forth a certain day at the expiration of 
twenty days that he will be at some place designated in the town 
or district, to review the assessment, on application of any person 
conceiving himself or herself aggrieved. 
of § 6. The assessor shall submit the same during the twenty days 
specified in said notice, to the inspection of all persons who shall 
apply for that purpose. 
s. § 7. The assessor shall attend at the place and time specified 
in the notice, and on the application of any person conceiving him- 
self aggrieved by the assessment, shall review such assessment, 
and when the person objecting thereto shall make affidavit that 
the value of his personal estate does not exceed a certain sum spe- 
cified in such affidavit, the assessor shall reduce the assessment to 
the sum specified in such affidavit. 

§ 8. The affidavit specified in this article, shall be made before 
the assessor, who is hereby authorised to administer an oath for 
that purpose, and the assessor shall cause all such affidavits to be 
filed in the office of the town clerk. 

§ 9. If no objection be made to the assessment on or immedi- 
ately after the receiving of the assessment, the assessor shall sign 
the assessment roll, and shall sign and attach thereto a certificate in 
the following form: "I do certify that 1 have set down in the above 
assessment roll all the real estate situated in the (town or district, 
as the case may be) according to my best information, and that I 
have estimated the value of the real estate, at the sums which I 
hav-e deemed to be the true value thereof, and at which I would ap- 



TOWNSHIP ORGANISATION. 207 

praise the same in payment of a just debt due from a solvent debt- 
or, and also that the said assessment roll contains a true statement Fom r o( certif _ 
of the aggregate amount of the taxable personal estate, of each and j cate . 
every person named in the said roll, excluding such stocks as are 
otherwise taxable, and that with the exception of those cases in 
which the value of such personal estate has been sworn to by the 
owner or possessor, I have estimated the same according to my 
best information and belief." 

§ 10. The assessor in the the execution of his duties shall use Forms, &.c. r 
the forms and pursue the instruction which shall from time to time frorn BOditor - 
be transmitted to them by the auditor of public accounts. 

§ 11. If any assessor shall wilfully refuse or neglect to per- Penalty, 
form any of the duties required of him by this act, he shall forfeit 
to the people of this state the sum of fifty dollars. 

ARTICLE TWENTIETH. 

Of the equalisation of assessments and the correction of the assess- 
ment rolls. 

Section 1. The board of supervisors of each county in this Examiantion 
state, at their annual meetings, shall examine the assessment rolls of rolls, 
of the several towns in their county, for the purpose of ascertain- 
ing whether the valuations in one town or district bear just rela- 
tion to the valuations in all the towns and districts in the county, and 
they may increase or diminish the aggregate valuation of real estate 
in any town or district by adding or deducting such sum upon the 
hundred as may, in their opinion, be necessary to produce a just 
relation between all the valuations of real estate in the county, but 
they shall in no instance reduce the aggregate valuations of ail the 
towns and districts below the aggregate valuation thereof, as made 
by the assessor. 

§ 2. The board of supervisors shall also make such alterations Alterations &c. 
in the description of the land of non-residents, as may be necessa- 
ry to render such description conformable to the general laws of 
this state, and shall compare the list of lands assessed with the list 
of taxable lands on file in the county clerk's office. All lands omit- 
ted to be assessed by the assessor shall be assessed by said board, 
and charged to the proper collector. 

§ 3. They shall value, estimate, and set down in a separate col- Duty of super- 
umn, to be prepared for that purpose in the assessment roll, oppo- v 1801-8, 
site to the several sums set down as the valuations of real and per- 
sonal estates, the respective sums in dollars and cents, rejecting 
the fractions of a cent, to be paid as a tax thereon. 

§ 4. They shall also add up and set down the aggregate valua- 
tions of the real and personal estate in the several towns and dis- 
tricts as corrected by them, and shall cause their clerk to transmit 
to the auditor of public accounts by mail a certificate of such ag- 
gregate valuations, showing separately the aggregate valuation of 
real and personal estate in each town or district, as corrected by 
the board, and the aggregate amount of taxes required by law. 

§ 5 They shall cause the corrected assessment roll of each town Corrected roll. 
or district, or a copy thereof, to be delivered to each of the supervi- 
sors of the several towns or districts, who shall deliver the same to 
the clerk of their city or town, tc Kq kept by him for the u e e of 
such city or town. 



203 



TOWNSHIP ORGANISATION 



To be delivered 
to collector. 



Duty of collec- 
tor. 



How 
•of. 



dispose 



Account to 
treasurer 
county. 



of 



§ b". The boards of the supervisors of the several counties in 
this state, shall cause the corrected assessment roll of each town 
or district in their respective counties, or a fair copy thereof, to be 
delivered to the collector of such town or district, on or before the 
fifteenth day of December, in each year. 

§ 7. To each assessment roll so delivered to a collector, a war- 
rant under the hands and seals of the board of supervisors, or of a 
majority of them, shall be annexed, commanding such collector to 
coliect from the several persons named in the assessment roll the 
several sums mentioned in the last column of such roll opposite to 
their respective names. If the warrant be directed to the collector 
of a town, it shall direct the collector, out of the moneys to be col- 
lected, alter deducting the compensation to which he may legally 
[be] entitled, to pay — 

1st. To the commissioner of highways of the town, such 
sum as shall liave been raised for the support of highways and 
bridges therein. 

2d. To the supervisors of the town, all other moneys which 
shall have been raised therein to deiray any other town expenses, 
and 

3d. To the treasurer of the county the residue of the moneys so 
collected. 

If the warrant be directed to the collector of the city or district, 
it shall direct the collector, after deducting his compensation [to 
pay the balance] to the treasurer of the county. In all cases the 
warrant shall authorise the collector, in case any person named in 
such assessment roll shall neglect or refuse to pay his tax, to levy 
the same by distress and sale of the goods and chattels of such per- 
son, and it shall require all payments therein specified to be made 
by such collector on or before the first day of February then next 
ensuing. 

§ 8. As soon as the board of supervisors shall have sent or de- 
livered the rolls with such warrants annexed, to the collectors, they 
shall transmit to the treasurer of the county an account thereof, 
stating the names of the several collectors, the amount of money they 
are respectively to collect, the purposes for which the same are to 
be collected, and the persons to whom and the time when the same 
are to be paid, and the county treasurer, on receiving such accounts, 
shall charge to each collector the sums to be collected by him. 



ARTICLE TWENTY-FIRST. 



Cf the manner in which taxes are to be collected, and the duties of 
the collector. 



„ „ , , Section 1. Every collector upon receiving the tax list and 

Collector, mode ... , H i i ■ i- i a 

of collection, warrant, shall proceed to collect the taxes therein mentioned, and 



vat lain, ^iitiii inv^ttu iw ^w"'-*-^ i-.j^ .u.rt^« ...w.w...- . uv -. ..~ — , 

)r that purpose shall call at least once on the person taxed, or at 
his or her place of residence, if in the town or district for which 
such collector bus been chosen, and shall demand payment of 
the taxes charged to him on his property, 
case of re- § 2. In case any person shall refuse or neglect to pay the tax 
mposed on him, the collector shall levy the same by distress and 
iale of the goods and chattels of the person who ought to pay the 



In 

fusal to pay 



1'or 



same. 



TOWNSHIP ORGANISATION. 



209 



§ 3. The collector shall give public mtice of the time and place Notice. 
ol' sale, and of the property to be sold, at least six days previous 
to the sale, by advertisement to be posted up in at least three public 
places in the town where such sale is to be made. The sale shall be 
by public auction. 

§ 4. If the property distrained shall be sold for more than the surplus, 
amount of the taxes, the surplus shall be returned to the person in 
\vho<e possession such property was when the distress was made — 
if no claim be made to suc'h surplus by any other person. If any 
other person shall claim such surplus on the ground that the pro- 
perty sold belonged to him, and sucli claim be admitted by the per- 
son for whose tax the same was distrained, the surplus shall be 
paid to such owner. 

§ 5. In ca.se any person upon whom any tax shall be assessed in event of re- 
under the provisions of this act, in any city or town of this state, " l0VAl « 
shall have removed out of such city or town after such assessment, 
and before such tax which now i» or hereafter may be assessed in 
any district of any city or in any town, upon the estate of such 
person situated out of the city or town in which he shall reside, 
and within the county, it shall be lawful in either of those cases 
for the collector ot said city or town to levy and collect such tax, 
of the goods and chattels ot the person assessed in any district 
within the said cities, or in any town within the said county to 
which such [person] shall have removed, or in which he shall 
reside. 

§ (5. Every collector shall, within one week after the time men- To pav over 
tioaed in his warrant for paying the moneys directed to be paid to mone y* 
the town officers of his town and to the county treasurer, the sums 
required in such warrants to be paid to them respectively, first re- 
taining the compensation to which he may be legally entitled. 

The town officers to whom any such moneys shall be paid, shall Receipts, 
deliver to the collector duplicate receipts therefor, one of which du- 
plicate receipts shall be filed by the collector with the county treas- 
urer for the amount therein stated to have been received, and no 
other evidence of such payment shall be received bv the county 
treasurer. 

§ 7. Whenever any greater amount of taxes shall be assessed surplus to jk> 
in any town than the town charge thereof, and its proportion of the recount 638 * 
state tax and county charges, the surplus shall be paid by the collec- 
tor to the county treasurer, who shall place it to the credit of such 
town, and the same shall go to the reduction of the tax of the suc- 
ceeding year. 

§ 8. The collector shall receive on the part of any lot, piece, or Jgj* of collec - 
parcel of land charged with taxes, provi led the person paying such 
tax shall furnish a particular specification of the part, and if the 
tax on the remainder of such lot, piece, or parcel of land shall re- 
main unpaid, the collector shall enter such specification in his re- 
turn to the county treasurer to the end that the part on which the 
tax remains unpaid may be clearly known. 

§ 9. If any part on which the tax shall be so paid be an undi- Part repent 
vided share, then the person paying the same shall state to the col- i t s . 
lector who is the owner of such share, then it may be excepted in 
ease of a sale for the tax on the remainder. And the collector 



210 



TOWNSHIP ORGANISATION. 



shall enter the name of such owner on his account of arrears of 
taxes. 

Delinquent list, § 10. If any of the taxes entered in the tax bill annexed in his 
warrant shall remain unpaid, and the collector shall not be able to 
collect the same, he shall deliver to the county treasurer an account 
of the taxes so remaining due 5 upon making oath before the county 
treasurer, or in case of his absence, before any justice of the 
peace, that the sums mentioned in such account remain unpaid, and 
that he has not, upon diligent enquiry, been able to discover any 
goods or chattels belonging to or in the possession of the person so 
charged with, or liable to pay such sums whereon he could levy 
the same, he shall be credited by the county treasurer the amount 
thereof. 

in case of death § ]]. If any person chosen or appointed to the office of col- 

OT !i' e .t US81 0i l ector or an y town, district, or city in this state, shall refuse to 
serve or shall die, resign, or remove out of the town, district, or 
city before he shall have entered upon or completed the duties of his 
office, or shall be disabled from completing the same by reason of 
sickness or anv other cause, the supervisor and any two justices 
of such town or district, shall forthwith appoint a collector for the 
remainder of the year, who shall give the like security and be sub- 
ject to the like penalties, and have the same powers and compensa- 
tion as the collector in whose place he was appointed, and the su- 
pervisor shall forthwith give notice of such appointment to the 
county treasurer. But such appointment shall not exonerate the 
former collector or his sureties from any liability incurred by him or 
them. 

Warrant. § 12- If a warrant shall have been issued by the board of su- 

pervisors prior to any appointment under the last section, the origi- 
nal warrant, if the same can be obtained, shall be delivered to the 
collector so appointed, and shall be considered as giving him the 
same powers as if originally issued to him. But if such warrant 
cannot be obtained, a new one shall be made out by the clerk of the 
board of supervisors of the county, which shall be directed to the 
collector so appointed, and upon every such appointment the su- 
pervisor ol* the town or district, if he shall think it necessary, may 
extend the time limited for the collection of the taxes, for a period 
not exceeding thirty days, of which extension he shall forthwith 
give notice to the county treasurer. 

Neglect of col. § lcl. If any collector shall refuse or neglect to pay to the sev- 
lfctor to ]>ay eral town officers of his town, or to the county treasurer, the sums 
vli m nej. re q U i re j ^y hj s warrant to be paid to them respectively, or either of 
them, or to account for the same as unpaid, the county treasurer 
shall, within twenty days after the time when such payments ought 
to have been made, issue a warrant under his hand and seal direct- 
ed to the sheriff of the county, commanding him to levy such sums 
as shall remain unpaid and unaccounted for by such collector, of the 
goods and chattels, lands and tenements of such collector, and to 
pay the same to the county treasurer, and return such warrant 
within forty days after the date thereof; which warrant the county 
treasurer shall immediately deliver to the sheriff of the county. 
But no such warrant shall be issued by the county treasurer for the 
collection of moneys payable to town officers, without proof by the 
oath of such town officers of the refusal or neglect of the collector 
to pay the same or account therefor as above provided. 



TOWNSHIP ORGANISATION. 2 1 1 

§ 14. The sheriff to whom such warrant is directed shall im- Dut y «* sheriir. 
mediately cause the same to be executed, and shall make return 
thereof to the county treasurer within the time specified, and shall 
pay to him the money received by virtue thereof, deducting for his 
fees the same compensation that the collector would have been en- 
titled to retain. Such part of the moneys, if any, as ought to have 
been paid by the collector to the town officers, shall be paid by the 
county treasurer to the officers to whom the collector was directed 
to pay the same; but if the whole amount of moneys due from the 
collector shall not be collected in such warrant, the county treas- 
urer shall first retain the amount which ought to have been paid to 
him, before making any payment to the town officers. 

6 15. If the whole sum due from the said collector shall be col- * n ca8e ™ no> 

i * i i i .«• . ii • i • i ^ -f i i •»• or part of mc- 

lected, the sheriff shall so state in his return, but if part only, or n ney j s pa j<]. 
no part of such sum shall be collected, the sheriff shall note in his 
return the amount levied, if any, exclusive of his fees, and shall 
also certify that such collector has no goods or chattels, lands or 
tenements, in his county, from which the moneys or the residue 
thereof, as the case may be, could be levied, and in either case the 
county treasurer shall forthwith give notice to the supervisor of the 
town or district of the amount due from such collector. 

§ 16. The supervisor shall forthwith cause the bond of such Bond to be 
collector to be put in suit, and shall be entitled to recover thereon 
the sum due from such collector, with costs of suit, and the 
moneys recovered shall be applied and paid by the supervisor in 
the same manner in which it was the duty of the collector to have 
applied and paid the same. 

§ 17. If any sheriff shall neglect to return any such warrant Failure of sher. 
or to pay the money levied thereon, within the time limited for the lff t0 return 
return of such warrant, or shall make any other return than such 
as is above mentioned, the county treasurer shall forthwith proceed 
to collect the whole sum directed to be levied by such warrant by 
a proper suit therefor, and he may proceed in the first instance by 
a writ of attachment against the goods and chattels, lands and tene- 
ments, rights and credits of such sheriff, and the same proceeding 
may be had thereon in the proper court as is now provided by law 
in ordinary cases of attachment. 

§ 18. In case the county treasurer shall fail to collect such Failure of coun 
moneys by attachment or suit, as is provided for in the next preced- co 1 ' r e e c " urer ta 
ing section hereof, he shall certify to the auditor of public accounts 
that he has issued such warrant, stating its contents, that the sher- 
iff has neglected to return the same in the manner required by law, 
or to pay the money levied thereon, as the case may be, and that he 
ha3 pursued the remedy by attachment or suit without effect. 

§ 19. The auditor of public accounts shall give notice thereof Auditor to give 
to the attorney general, who shall immediately prosecute such sher- I10tice * 
iff and his sureties for the sum due on such warrant ; which sum 
when collected shall be paid to the treasurer of this state, and by 
him, on the warrant of the auditor of public accounts, to the county 
treasurer, the county part thereof. 

§ 20. Upon the settlement of the amount of taxes directed to Receipt and dis- 
be collected by any collector in any of the towns or cities in this JJJBEK 
state, the county treasurer shall, if requested, give to such collec- 
tor or any of his sureties a satisfaction piece in writing, and shall 
acknowledge the same before some person authorised to take ac- 
knowledgements of deeds. 



212 



TOWNSHIP ORGANISATION. 



Toberecorded. § 21. Upon the production of such satisfaction piece, acknow- 
ledged as aforesaid, the recorder of the county shall enter satisfac- 
tion of record of the collector's bond, which shall thereby be dis- 
charged. 

Fees. § 22. The officer taking and returning such acknowledgment 

shall be entitled to the same fees as for taking and entering ac- 
knowledgments of satisfaction of a deed or mortgage. 

Compensation § 23. . The collector of any town, shall be entitled to three per 
of collector cen k on a ]\ mone y S collected by him as his compensation. 

OF ROADS, HIGHWAYS AND BRIDGES. 

ARTICLE TWENTY-SECOND. 

the officers entrusted with the care and superintendence of highways 
and bridges, and their general powers and duties. 

Commissioners Section 1. The commissioners of highways in the several 
of highways. {. owns j n ^is s ^ e shall have the care and superintendence of the 

highways and bridges therein ; and it shall be their duty — 
Powers anddu- 1st. To give directions for the repairing of the roads and bridges 
s * within their respective towns. 

2d. To regulate the roads already laid out, and to alter such of 
them as they, or a majority of them, shall deem unnecessary. 

3d. To cause such roads, used as highways, as have been laid 
out but not sufficiently described, and such as have been used for 
twenty years but not recorded, to be ascertained, described, and en- 
tered of record in the town clerk's office. 

4th. To cause the highways and the bridges which are or may 
be erected over streams intersecting highways, to be kept in repair. 

5th. To divide their respective towns into so many road dis- 
tricts as they shall deem convenient, by writing under their hands, 
to be lodged with the town clerk, and by him to be entered in the 
town book. Such division to be made annually if they shall think 
it necessary, and in all cases to be made at least ten days before the 
annual town meeting. 

6th. To assign to each of the said road districts such of the in- 
habitants, liable to work on highways, as they shall think proper, 
having regard to proximity of residence, as much as may be, and 

7th. To require the overseers of highways, from time to time, 

and as often as they shall deem necessary, to warn all persons to 

work on highways, to come and work thereon, with such imple- 

mentSj carriages, sleds, cuttle or teams, as the said commissioners or 

any one of them shall direct. 

To lay out new § 2. The commissioners of highways shall have power, in the 

roads and dis- manner anc ] under the restrictions hereinafter provided, to lay out 
continue old . . , . . . r . •',, 

ones. on actual survey such new roads in their respective towns as they 

' may deem necessary and proper, and to discontinue such old roads 
and highways as shall appear to them, on the oaths of twelve free- 
holders of the same town, to have become unnecessary. 
Account to § 3. The commissioners of highways of each town shall render 

board of aujk- j. t j ooarc } f town auditors, at their annual meeting for auditing 
tors to con- , n . . . . s . ° 

tain. the accounts of town officers, an account in writing, stating — 

1st. The labor assessed and performed in such town. 



TOWNSHIP ORGANISATION. 213 

2d. The sums received by such commissioners for fines and com- 
mutations, and all other moneys received under this act. 

3d. A statement of the improvements necessary to be made on 
such roads and bridges, and an estimate of the probable expense of 
making such improvements, beyond what the labor to be assessed 
in that year will accomplish. 

§ 4. It shall be the duty of the commissioners of highways of To erect guide 
each town to cause suitabe guide boards to be put up at such boarJs * 
places as they may deem necessary. 

8 5. It shall be the duty of the overseers of highways in each D "<y of over - 
, J J a - seers of high- 

town— ^ WBya defined. 

1st. To repair and keep in order the highways within their sev- 
eral districts lor which they shall have been elected. 

2d. When so required by the commissioners of highways, or any 
one of them, to warn all persons assessed to work on the highways 
in their respective districts, to come and work thereon. 

3d. To collect all fines and commutation money, and to execute 
all lawful orders of the commissioners. 

§ 6. The commissioners of highways, whenever they shall think implements. 
it necessary, may direct and empower any overseer of highways in 
their respective towns to procure a good and sufficient iron or steel 
shod scraper and plough, or either oi them, for the use of his road 
district; to be paid for by the moneys arising from commutation 
and fine within the district. 

§ 7. If p.ny person chosen or appointed to the office of over- Vacancy. 
seer of highways, shall refuse to serve, or if his office shall become 
vacant, the commissioners of highways of the town shall, by war- 
rant under their hands, appoint some other persoi in his stead, and 
the overseer so appointed shall have ihe same powers, be subject 
to the same orders, end liable to the same penalties as overseers 
chosen at the town meeting. 

§ 8. The commissioners making the appointment shall cause Warrant of ap- 
Such warrant to be forthwith filed in the office of the town clerk, v 
who shall give notice to the person appointed, as in other cases. 

§ 9. Every overseer of highways who shall refuse or neglect Penalty of over- 
eitlier — seers for ne s* 

1st. To warn the people assessed to work on the highways, when ec u "' 
he shall have been required so to do by the commissioners, or either 
of them. 

2d. To collect the moneys that may arise from lines or commuta- 
tions, or 

3d. To perform any of the duties required by this act, or which 
may be enjoined on him by the commissioners of highways of his 
town, and for the omission of which a penally is hereinafter provi- 
ded, shall, for every such refusal or neglect, forfeit the sum of ten 
dollars, to be sued for by the commissioners of highways of the 
town, and when recovered to be applied by them in making and 
improving the roads and bridges therein. 

§ 10. Every person owning or occupying land in the town in r.oad lator. 
which he or she resides, and every male inhabitant above the age of 
twenty-one years residing in the town where the assessment is 
made, shall be assessed to work on public highways in such town, 
and the lands of non-residents situated in such town shall be as- 
sessed for highway labor as hereinafter directed. 



214 



TOWNSHIP ORGANISATION, 



Meeti'g of com- § 11. The commissioners of highways of each town shall meet 
missioners. w ithin eighteen days after they shall he chosen, at the place of town 
meeting, on such day as they shall agree upon, and afterwards at 
such other times and places as they shall think proper. 

List of persons § 12. Each of the overseers of highways shall deliver to the 
subject to road d^k f the town, within sixteen days after his election or appoint- 
ment, a list subscribed by such overseer, of the names of all the 
inhabitants in his road district who are liable to work on the high- 
ways. 

Non-resident § 13. The commissioners of highways in each town, at their 
property. f irs ^ QY anv subsequent meeting, shall make out a list and statement 
of the contents of all lots, pieces or parcels of land, within such 
town owned by non-residents therein. Every such lot so designa- 
ted shall be described in the same manner as is required from as- 
sessors, and its value shall be set down opposite such description. 
Such value shall be the same as was affixed to such lots in the last 
assessment roll of the town, and if such lot was not separately valued 
in such roll ; then in proportion to the valuation which shall have 
been affixed to the whole tract of which such lot shall be a part. 

Duty of town § 14. The town clerk shall deliver the lists filed by the over- 
seers to the commissioners of highways of the town, who shall pro- 
ceed at their next meeting, or some subsequent meeting, to ascertain, 
estimate and assess the highway labor to be performed in their town 
the next ensuing year. 

Proceedings of § 15. I n making such estima<e and assessment, the commis- 

commission- • i 11 " i <■ n 

era defined.* sioners shall proceed as tullows — 

1st. The whole number of days' work to be assessed in each 
year shall be ascertained, and shall be at least three times the num- 
ber of taxable inhabitants in such town. 

2d. Every male inhabitant, being above the age of twenty-one 
years, (excepting paupers, idiots and lunatics) shall be assessed 
two days. 

3d. The residue of such days' work shall be apportioned upon the 
estate real and personal of every inhabitant of such town, as the 
same shall appear by the last assessment roll of the town, and up- 
on each tract or parcel of land of which the owners are non-resi- 
dents, contained in the lists made as aforesaid. 

4th. Upon such non-resident tracts there shall be assessed not less 
than one day's labor upon every three hundred dollars of such val- 
uation, and in the same proportion for a less sum. 

5th. If after such apportionment there shall be any deficiency in the 
number of days' work determined by the commissioners to be per- 
formed in their town the then ensuing year, such deficiency shall be 
assessed upon the estates real and personal of the inhabitants of the 
town, according to their last assessment roll. 
No. of days to 6th. The commissioners shall affix to the name of each person 
be affixed to name d J n the lists furnished by the overseers, and also to the de- 
lands, scription of each tract or parcel of hind contained in the lists pre- 
pared by them of non-resident lands, the number of days which 
such person or tract shall be assessed for highway labor as herein 
directed, and the commissioners shall subscribe such lists and file 
them with the town clerk, 
cierk to make § 16. The commissioners shall direct the clerk of the town to 
copy- make a copy of each list, and shall subscribe such copies, after 
which they shall cause Ihe several copies to be delivered to the re- 



TOWNSHIP ORGANISATION. Q 1 •"> 

spective overseers of highways of the several districts in which 
the highway labor is assessed. 

§ 17. Tne names of persons left out of any such list, and of new Names omitted. 
inhabitants, shall from time to time be added to the several lists,and 
they shall be raied by the overseers in proportion to their real and 
personal estate, to work on the highways as others rated by the 
commissioners on such lists, subject to an appeal to the commission- 
ers. 

& 18. Whenever any non-resident owner shall conceive him- Non-rendents, 

,.•!!• /• • !• i • i lfaggrievcd. 

sen aggrieved by tne assessment of any commissioners ol high- 
ways, in carrying into effect the provisions of this act, it shall be 
lawful lor such owner or his agent to appeal to the board of super- 
visors of the county in which the land is situated, at its next session 
after its assessment. 

§ 19. It shall be the duty of the commissioners of highways of Persons work- 
each town to credit such persons a* live on private road* and work "f ds ^ nYBt * 
the same, so much on account of their asse*:>ment as such commis- 
sioners shall deem necessary to work such private road, or to an- 
nex such private roads to some of the highway districts. 

5 20. Whenever the commissioners of highways shall assess To .1* <Hstin- 

i ,. ii ii l *i i u gmshed from 

the occupant tor any land not owned by such occupant, tney shall p ePBOna i pr0 . 

distinguish in their assessment lists the amount charged upon such pcrty tax. 

land from the personal tax, if any, of the occupant thereof; but 

when any sueh land shall be assessed in the name of the occupant, 

the owner thereof shall not be assessed during the same year to 

work on the highways on account of the same land. 

ARTICLE TWENTY-THIRD. 

Section 1. It shall be the duty of overseers of highways to Noti e to pcr- 

give at least thiee days' notice to all persons assessed to work on sons to lal > or 

,ii . ■,•!.■• /• . • i- on the lueh- 

the highways and residing within the limits of their respective dis- w 

tricts, of the time and place when and where they are to appear lor 
that purpose; and with what implements, but no person being a res- 
ident ol the town shall be required to work on any highway other 
than in the district in which he resides, excepting he resides in a 
district on a town line, which district belongs to an opposite town, 
and unless he shall elect to work in some district where he has any 
land, and in such case he may, with the approbation of the commis- 
sioners of highways, apply the work assessed in respect to such 
land in the district where the same is situated. 

§ 2. It shali be the duty of the several overseers of highways to Notice to agents 
.,•(• .i m. e • . ,. i n i ) i i j ofnou-resid'ts. 

to notify the agent ol every non-resident landholder whose lands 

are assessed, (if such agent reside in the town where such assess- 
ment is made,) of the number of days sueii non-resident is asses- 
sed, and of the time when and the place where the labor is to be 
performed; which notiee shall be given at least three days previous 
to the time appointed. 

§ 3. If the overseer cannot ascertain that such non-resident in case of no 
has an agent within such town, he shall affix a written notice on the as cnc J'' 
outer door of the building in which the last town meeting in such 
town was held, containiusra list of the names of such non-residents, 
when known, and a description of the tracts of land comprised in 
his list, together with the number of days labor assessed on each 
tract, and a specification of the time when and place where such 



210 



TOWNSHIP ORGANISATION. 



labor is to be performed; which notice shall be posted up at least 
twenty days before the time appointed for performing such labor. 
Person to work § 4. Every person liable to work on the highways shall work 
or commute. ^ w j 10 ] e num i aer f d a y S f or yvhich he shall have been assessed ; 
but every sucli person, other than an overseer of highways, may- 
elect to commute for the same, or for some part thereof, at the rate 
of sixty-two and a hall' cents per day; in which case such commu- 
tation money shall be paid to the overseer of highways of the dis- 
trict in which the person commuting shall reside, to be applied and 
expended by such overseer in the improvement of the roads and 
bridges in the same district. 
Persons intend- § 5. Every person intending to commute for his assessment, or 
mg to com- f or an y j jar £ thereof, shall, within twenty-four hours after he shall 
be notilied to appear and work on the highways, pay the commuta- 
tion money for the work required ol him by such notice, and the 
commutation shall not be considered as complete until such money 
be paid. 
May require a §. 6. Every overseer of highways shall have power to require a 
team or cai , { eam or a car [^ wagon or plough, with a pair of horses or oxen, and 
a man to manage them, from any person basing the same within his 
district, who shall have been assessed tUree days or more, and who 
shall not have commuted for his assessment; and the person lurnish- 
ing the same, upon such requisition, shall be entitled to a credit of 
three days for each day's service therewith. 
May furnish a §• 7. Every person assessed to work on the highways and warn- 
representative e( { t work, may appear in person, or by an able-bodied man as a 
>n ie le . su "bstitute, and the person or substitute, so appearing, shall actually 
work eight hours in each day, under a penalty of twelve and a half 
cents for every hour such person or substitute shall be in default; 
to be imposed as a fine on the person assessed. 
Not to be idle, § 8. if any such person or his substitute shall, after appearing, 
and penalty, remain idle or not work faithfully, or hinder others from working, 
such offender shall, for every offence, forfeit the sum of one dollar. 
Neglect to work § 9- Every person so assessed and duly notified v\ho shall not 
or commute, commute, and who shall refuse or neglect to appear as above pro- 
vided, shall forfeit for every day's refusal or neglect the sum of one 
dollar. If he was required to furnish a team, carriage, man or im- 
plements, and shall refuse or neglect to comply, he shall be fined as 
follows — 
Eateof penalty. 1st. For wholly omitling to comply with such requisition, three 
dollars for each day. 

2d. For omitling to furnish a cart,, wagon or plough, one dol- 
lar for each day. 

3d- For timitiing to furnish a pair of horses or oxen, one dollar 
for each day. 

4th. For omitting to furnish a man to manage the team, one dol- 
lar for each day. 
Incase of refu- § 10- 1 L shall be the duty of every overseer of highways, wilh- 
sal to work, jn six days alter any person so assessed and notified si all be guilly 
of any refusal or neglect for which a penalty or tine is prescribed 
in this act, unless a satisfactory excuse shall be rendered to him for 
such refusal or neglect, to make complaint on oath to me of the 
justices of the peace of the town. 
Piocess. § 11. The justice to whom such complaint shall be made shall 

forthwith issue a summons, directed to any constable of the town, 
requiring him to summon such delinquent to appear forthwith be- 



TOWNSHIP ORGANISATION. OJ7 

Jure such justice, at some place to be specified in the summons, to 
show cause why he should not be lined according to law for such 
refusal or neglect; which summons shall be served personally or by 
leaving a copy at his personal abode. 

§ \1. II', upon the return of such summons, no sufficient cause Fine, 
shall be shown to the contrary, the justice shall impose such line 
as is provided in this act lor the offence complained of, and shall 
forthwith issue a warrant under his hand and seal, directed to any 
constable of the town where such delinquent shall reside, com- 
manding him to levy such fine, with the costs of proceedings, of the 
goods and chattels of such delinquent. 

§ 13. The constable to whom such warrant shall be directed, How enforced, 
shall forthwith collect the moneys therein mentioned. He shall pay 
the line, when collected, to the justice of the peace who issued the 
warrant, who is hereby required to pay the same to the overseer 
who entered the complaint, to be by him expended in improving 
the roads and bridges in the district of which he is overseer. 

§ 14. Every penalty collected for refusal or neplect to appear 
and work on the highways shall be set oil' against the assessment 
upon which it was founded, estimating every dollar collected as a 
satisfaction for one day's work. 

§ 15. The acceptance by an overseer of any excuse for lefusal Excuse, 
or neglect, shall not in any case exempt the person excused from 
commuting for or working the whole number of days lor which he 
shall have been assessed during the vear 

§ lli. Every overseer of highways shall, on or before the first jy on _ pay j n g 
day of October in each year, make out and deliver to the supervisor Jaada io be re- 
of his town a list of all the lands of non residents and of persons P oret - 
unknown, which were taxed on his lists, on which the labor asses- 
sed by the commissioners of highways has not been paid, and the 
amount of labor unpaid; and the said overseer, previous to deliver- 
ing such list, shall make and subscribe an affidavit thereon, before 
some justice of the peace of such town, that he has given the notice 
required by the 2d and 3d sections of the 23d article of this act, 
and lhat the labor for which such land is returned has not been per- 
formed. 

§ 17. if any overseer shall refuse or neglect to deliver such list nefusaitomake 
to the supervisor, as provided in the last preceding section, or shall rc i ,0lU 
neglect or refuse to make the affidavit as therein directed, he shall 
for every such offence forfeit the sum of five dollars, and also 
the amount of tax or taxes lor labur remaining unpaid, at the rate of 
sixty-two and a half cents f»r each day, to be recovered by the 
commissioners of highways of the town, and to be applied by them 
in improving the roads and bridges of such town. 

§ 1<S. It shall be the duty of the supervisors cf the several towns Duly of surer- 
to receive the lists of the overseers of highways when delivered Wb0rs * 
pursuant to the preceding 16th section, and to lay the same before 
the s!i|,L j ivisurs of the county. 

§ 19. It shall be the duty of such board, at their next meeting, Levy on land, 
to cause an account of such arrearages of labor (estimating a day's 
labor at sixty-two and a hall' cents) to be levied on the lands so 
returned, and to be collected in the same manner that the contingent 
charges of the county are levied and collected, and to order the 
same when collected to be paid over to the commissioners of high- 



Overseer. 



Form and order 
of list. 



218 TOWNSHIP ORGANISATION. 

ways of the town, to be by them applied to the construction and im- 
provement of roads and bridges for the benefit of which the labor 
was originally assessed. 

§ 20. Every overseer of highways who shall on the second Tues- 
day next preceding the time of holding the annual town meeting in 
his town, within the year lor which he is elected or appointed, ren- 
der to one of the commissioners of highways of the town an ac- 
count in writing, verified by his oath, and containing — 

1st. The names of all persons assessed to work on highways in the 
district of which he is overseer. 

2d. The names of all those who have actually worked on the 
highways, with the number of days they have so worked. 

3d. The names of all those who have been fined, and the sums in 
which they have been fined. 

4th. The names of all those who have commuted, and the manner 
in which the moneys arising from fines and commutations have been 
expended by him. 

5th. A list of all lands which he has returned to the supervisor 
for non-payment of taxes, and the amount of tax on each tract of 
land so returned. 

§ 21. Every such overseer shall also then and there pay to the 
commissioner all moneys remaining in his hands unexpended, to be 
applied by the commissioners in making and improving the roads 
and bridges in the town, in such manner as they shall direct, 
in case of refu- § 22. If any overseer shall refuse or neglect to render such ac- 
sai, & c . count, or if, having rendered the same, he shall refuse or neglect to 

pay any balance which may then be due from him, he shall, for eve- 
ry such offence, forfeit the sum of five dollars, to be recovered with 
the balance of the moneys remaining in his hands, by the commis- 
sioner of highways of the town, and to be applied in making and 
improving the roads and bridges. It shall be the duty of the com- 
missioners to prosecute for such penalty in every instance in which 
no return is made. 






Pay over 
ney. 



Discontinue 
roads. 



Survey. 



Town clerk. 



ARTICLE TWENTY-FOURTH. 

Section 1. Every person liable to be assessed for highway la- 
bor may apply to the commissioners of highways of the town in 
which he shall reside, to alter or discontinue any road, or to lay out 
any new road. Every such application shall be in writing, addres- 
sed to the commissioners and signed by the person applying. 

§ 2. Whenerer the commissioner* of highways shall lay out, 
alter, or discontinue any road, either upon application to them or 
otherwise, they shall cause a survey to be made of such road, and 
shall incorporate such survey in an order to be signed by them, and 
to be filed and recorded in the office of the town clerk, who shall 
note the time of recording the same. 

§ 3. It shall be the duty of the town clerk, whenever any order 
of the commissioners for laying out, altering, or discontinuing a 
road, shall be received by him, to post a copy of such order on the 
door of the house where the town meeting was last held, and the 
time hereinafter limited for appealing from such order shall be com- 
puted from the time of recording the same. 



TOWNSHIP ORGANISATION, 219 

5 4. No highway shall be laid out through enclosed, improved, RoaJ *«* j m " 
• ... . , , B , J ... . . .. °. . proved land. 

©r cultivated land, without the consent oj llie owner or occupant 

thereof, unless certitied to be necessary by the oath of twelve re- 
putable freeholders of the town, in the manner hereinafter provi- 
ded. 

§ 5. Every person who shall apply for the laying out of a high- Notice, 
way through any such land, shall cause notices in writing to be 
posted up at three of the most public places of the town, specifying, 
as near as may be, the route of the proposed highway, the several 
tracts of land through which the same is proposed to be laid, and 
the time and place at which the freeholders will meet to examine 
the ground. Every such notice shall be posted at least six days be- 
fore the time specified therein for the meeting of the freeholders. 

§ 6. If twelve reputable freeholders of the town, not interested Assessment of 
in the lands through which the road is to be laid, nor of kin to any araa s e!j - 
owner thereof, shall appear at the time and place specified in the 
notice, they shall be sworn by any officer authorised to administer 
oaths, well and truly to examine and certify in regard to the neces- 
sity and propriety of the highway applied lor. 

§ 7. They shall then personally examine the route of such high- Personally e*. 

i .'in r "I , i a> i i- • i. amine route. 

way, and shall hear any reasons that may be ottered tor or against 
laying out the same. If they shall be of opinion that such highway 
is necessary and proper, they shall make and subscribe a certificate 
in writing to that effect, which shall be delivered to the commission- 
ers of highways of the town. 

§ 8. Before the commissioners shall determine to lay out the Notice, 
highway so applied for and certified, they shall cause notice in 
writing to be given to the occupant of the land through which the 
ro&d is to run, of the time and place at which they will meet to de- 
cide on the application. The notice shall be served by delivering 
the same to such occupant, or if he be absent, by leaving the same 
at his dwelling house, and in either case, at least three days before 
the time of meeting. 

§ 9. The commissioners shall meet at the time specified in the oiyections. 
notice, and shall hear any reasons that may be offered for or against 
laying out the highway. If they shall determine to lay out such 
highway they shall make out and subscribe a certificate of such de- 
termination, describing the road so laid out particularly by routes 
[metes] and bounds, and by its courses and distances, and shall de- 
posite the same with the town clerk. 

§ 10. The damages sustained by reason of the laying out and Damages. 
opening such road, may be ascertained by the agreement of the own- 
ers and the commissioners of highways, provided such damages do 
not exceed thirty-five dollars; and unless such agreement be made, 
or the owner of the land shall in writing release all claim to dama- 
ges, the same shall be assessed in the manner prescribed in the 
next section, before such road shall be opened, or worked, or used. 
Every agreement and release shall be filed in the town clerk's office, 
and shall forever preclude such owner from all further claim for 
such damages. 

§ 11. On the application of the commissioners of highways, or 
of the owner of the land through which suchroad is laid out, to any 
justice of the peace of the town, he shall issue his warrant to some 
constable of some other town of the same county, neither interest- 



220 TOWNSHIP ORGANISATION. 






ed, nor of kin to any person interested in the land through which 

Twelve freehol- the road is laid out, directing him to summon twelve disinterested 

moned. * bUn freeholders, residing in some other town than that in which such 
road is laid out, and not of kin to the owner of such land, to as- 
sess the damages sustained by the' laying out of such road, and shall 
therein specify the lime and place at which the jury shall meet. 
§ 12. Upon such freeholders appearing, the justice who issued 

To draw lots, ^he warrant, shall draw by lot six of the names ot the persons at- 
y ' tending to serve as a jury, and the first six persons drawn, who 

shall be free from all legal exceptions, shall be the jury to assess 
the said damages. 

View premises. § I'd. In all cases of the assessment of such damages, the per- 
sons by whom the assessment is to be made shall view and exam- 
ine the premises, and before making their determination, the free- 
holders making the same shall be sworn well and truly to deter- 
mine and assess such damages. 

Verdict. § ]4. The verdict uf the jury assessing such damages shall i 

be received by the justice who issued the warrant for summoning 
them, and shall be delivered by him to the commissioners of high- 
ways of the town. 

Duty of com- § 15. Such commissioners shall cause a copy of said verdict, 
missioners. with a statement of the charges and expenses, to be delivered to the 
supervisor, who shall lay the same before the board of supervisors 
of the county. The board shall have power to examine into the prin- 
ciples on which such assessment shall have been made, and into the 
fairness and justness thereof, and to increase or reduce the damages, 
as in their judgment shall be just and reasonable. 

Damages, costs § 16. The amount of damages as finally settled by the board of 
&c " supervisors, or as liquidated by the commissioners of highways, as 

provided in the tenth section of this article or act, together with 
the charges of the commissioners of highways, justices, survey- 
ors, and other persons or officers employed in making the assess- 
ment, shall be levied and cullected in the town within which the 
highway shall be situated. The moneys so collected shall be paid 
to the commissioners of highways of the same town, who shall pay 
to the owner the sum assessed to him, and appropriate the residue 
to satisfy the charges. 

Incase of dis- s 17^ Where any i-erson shall be the owner of any land over 
continued . 

roads. which any highway shall run, and such highway shall be discon- 

tinued in whole or in part, by reason of some other road to be es- 
tablished and laid out under this act, through the lands of ihe same 
person, the persons who shall assess the damages, shall take into 
calculation the value of the road so discontinued, and the benefit 
resulting to such person by reason of such discontinuance, and shall 
deduct the same from the damages assessed for the opening and lay- 
ing out of such new road, and thereupon the owner of the land 
may enclose so much of the highway so discontinued as shall be- 
long to him. 
in case of disa- i ig^ When the commissioners of highways of any town shall 

greement. ,. 3 -.1^1 • • c .1 . • n 

disagree with the commissioners of any other town m the same 

county, relating to the laying out of a new road or the alteration 
of an old road, extending into both towns, or when the commission- 
ers of a town in one county shall disagree with the commissioners 
of a town in another county, relative to the laying out of a new 
road or alterating an old road, which shall extend into both coun- 



TOWNSHIP ORGANISATION. 221 

ties, the commissioners of both towns shall meet together, at the 
request of either disagreeing commissioners, and make their de- 
termination upon such subject of disagreement. 

§ 19. Whenever it shall become necessary to have a highway Uoai1 between 
upon the line between two towns, such highway shall be laid out wo owns * 
by two or more of the commissioners of highways of each of said 
tovvns, either upon such lino or as near thereto as the convenience 
of the ground will admit, and they may so vary the same either to 
the one or to the other side of such line, as they may think proper. 

§ 20. It shall be the duty of the same commissioners, when 
there may be such highway, to divide it into two or more road Duty of corn- 
Districts, in such manner that the labor and expense of opening, missioners. 
working, and keeping in repair such highway through each of the 
said districts, may be equal, as near as may be, and to allot an equal 
number of the said districts to each of the said towns. 

§ 21. Each district shall be considered as wholly belonging to Districts. 
the town to which it shall be allotted, for the purpose of opening 
and improving the road and keeping it in repair, and the commission- 
ers shall cause such highway, and the partition and allotment thereof, 
to be recorded in the oflice of the town clerk in each of their re- 
spective towns. 

§ 22. All highways heretofore laid out upon the line between 
any two towns, shall be divided, allotted, recorded, and kept in re- 
pair in the manner above directed. 

§ 23. Whenever application shall be made to the commission- private road, 
ers of highways of any town for a private road, they shall summon 
twelve disinterested freeholders of the town where the land, through 
which such road is proposed to be laid out is situated, to meet on a 
certain day, of which day notice shall be given to the owner or oc- 
cupant of such land. Such freeholders when met shall be sworn 
as above provided, and shall then proceed to view the lands through 
which such road is applied for. 

§ 24. If they shall determine that such road is necessary, they Certificate, 
shall make and subscribe a certificate in manner aforesaid, and the 
commissioners shall thereupon lay out the road, and cause a record 
thereof to be made in the town clerk's office. The dama- 
ges of the owner of the land through which such road shall be laid 
out, shall be ascertained or assessed in like manner as if the 
same was a public highway; and such damages shall be paid by the 
person applying for the road. 

§ 25. Every such private road, when so laid out, shall be for Private road 
the use of such applicant, his heirs and assigns, but not to be con- 
verted to any other use or purpose than that of a road. Nor shall the 
occupant or owner of the land through which such road shall be 
laid out, be permitted to use the same as a road, unless he shall 
have signified his intention of so making use of the same to the ju- 
ry or commissioners who ascertained the damages sustained by 
laying out such road, and before such damages were so ascertained. 

§ 26. All public roads to be laid out by the commissioners of Roads four rods 
highways of any town, shall not be less than four rods wide, and wide - 
all private roads shall not be more than three rods wide. 

§ 27. Whenever application shall be made for the discontinu- xo discontinue 
ance of an old road, on the ground that it has become useless and old roads, 
unnecessary, the commissioners of highways, to whom such appli- 
cation shall be made, shall summon twelve disinterested freeholders 



222 



TOWNSHIP ORGANISATION. 



Jurisdiction. 



of the town, to meet on a certain day. Such freeholders, when 
met, shall be sworn well and trjily to examine and certify in re- 
gard to the propriety of such discontinuance. 

To view road. § 28. They shall then proceed to view such road, and if they 
shall be of opinion that such road is useless and unnecessary, they 
shall make and subscribe a certificate in writing to that effect, 
which shall be delivered to the commissioners of highways, who 
shall thereupon proceed to decide upon such application. 

All papers to § 29. All applications, certificates, and other papers relatii g 
be tiled with t the laying out, altering, or discontinuing of any road, shall be fil- 
ed by the commissioners of highways as soon as they shall have 
decided thereon, in the office of the town clerk of the town. 

Persons ag- § 30. Every person who shall conceive himself aggrieved by 

grieved. an y determination of the commissioners of highways, either in lay- 

ing out, altering, or discontinuing, or in refusing to lay out, alter, 
or discontinue any roaH, may at any time, within sixty days thereaf- 
ter, appeal to any three of the board of supervisors of the county 
in which such road is situated. But an appeal Ly one person and a 
decision thereon shall not preclude or affect the rights of any other 
person who shall appeal within the limited period. 

Appeal. § 31. The supervisors to whom the first appeal from any such 

determination shall be made, shall have exclusive jurisdiction of 
all appeals from the same determination, to the end that the deci- 
sion when made, may embrace the whole subject, and for this pur- 
pose they shall suspend all proceedings upon the appeal first made, 
and upon all other appeals received by them from such determina- 
tion, until the time limited by such appeal shall have expired. 

Appeal to be in § 32. Every such appeal shall be in writing, addressed to the 
writing. supervisors, and signed by the party appealing. It shall briefly 

state the ground upon which it is made, and whether it is brought 
to reverse entirely the determination of the commissioners, or only 
to reverse a part thereof, and in the latter case it shall specify what 
part. 

To proceed, § 33. It shall be the duty of the supervisors to whom the ap- 

peal is made, to proceed thereon as soon as may be convenient. 
Where the determination appealed from was against an application 
for laying out, altering, or discontinuing a road, the supervisors 
shall give notice to the commissioners by whom such determination 
was made. Where the appeal is from a determination in favor of 
an application for laying out, altering, or discontinuing a road, the 
notice shall be given to the commissioners, and to one or more of 
the applicants for such road. In all cases the notice shall specify 
the time and place at which the supervisors will convene to hear 
the appeal. 

Eight days no. § 34. Every such notice shall be served at least eight days be- 
fore the time mentioned therein, by delivering the same to one of 
the commissioners whose determination is appealed from, or by lea- 
ving the same at his dwelling house. If the notice be also direct- 
ed to an applicant.it shall be served in the same manner. 

Meeting. § 35, it shall be the duty of the supervisors to convene at the 

time and place mentioned in the notice, and to hear the proofs and 
allegations of the parties. They shall have power to issue process- 
to compel the attendance of witnesses, and may adjourn from time 
to time, as may be necessary. Their decision, or that of any two 
of them, shall be conclusive in the premises, and every such deci- 



TOWNSHIP ORGANISATION. 



223 



sion shall be reduced to writing, be signed by the supervisors ma- 
king it, and tiled by them in the oilice of the town clerk of the 
town, who shall record the same. 

§ 36. Every such supervisor shall be entitled to receive one dol- Compensation, 
lar and fifty cents for every day employed in hearing and deciding 
of sucii appeal, to be paid by (Jie party appealing, where the de- 
termination of the commissioners shall be affirmed, but where it 
is reversed, to be charged against the county. 

§ 37. Where an appeal shall have been made from a determi- Beversai of de- 
nation of the commissioners refusing to lay out or alter a road, and C1S10D " 
the supervisors shall reverse such determination, such super- 
visors shall lay out or alter the road applied for, and in doing 
so, shall proceed in the same manner in which commission- 
ers of highways are directed to proceed in the like cases. Such 
roads shall be opened by the commissioners of the town in the same 
maimer as ii laid out by themselves. 

§ 38. In case of any one of the supervisors, to whom such ap- inability to at- 
pUeation shall have been made, shall become unable to attend be- teml * 
fore the determination of such appeal, it shall be the duty of the 
remaining supervisors named therein to associate with themselves 
another of the supervisors of the same court, who shall act with 
them in all subsequent proceedings, in the same manner as if he 
had been originally named in such appeal. In case the term of of- 
fice of any supervisor shall expire before the determination of such 
appeal, he shall continue to act in the premises the same as if he had 
been re-elected. 

§ 39. No road which has been fixed by the decision of the su- Noroaddigcan- 
pervisors, on appeal to them, shall be discontinued or altered so long tdn cases. "" 
as such supervisors or either them shall continue in such office, ex- 
cept by the order of the same supervisors, or such of them as*shall 
continue in office, joined by such other supervisors as shall be ne- 
cessary to make three; such additional supervisor or supervisors to 
be selected by the person applying for the discontinuance or alter- 
ation. 

§ 40. If no one of the said supervisors shall continue in office, 
such application shall be made by any three of the supervisors 
then in office, not having any interest in the road so desired to be 
discontinued or altered. 

§ 41. No application made under either of the two last preceding 
sections shall be acted upon by the supervisors, unless the same 
be accompanied by a certificate, signed by the commissioners of 
highways of the town in which such road is situated, stating their 
a|. probation of such application; and before the supervisors decide 
thereon, they shall proceed to view the road so desired to be dis- 
continued or altered. They shall he entitled to the same compen- 
sation as above provided, to be paid by the applicant. 

§ 42. Whenever the commissioners of highways shall have laid Notice to re, 
Dtlt any public highway, through any enclosed, cultivated, or improv- move fences, 
ed lands, in conformity to the provi>ions of tliis act, and their determi- 
nation shall not have been appealed from, ihey shall give the own- . 
er or occupant of the land through which sech road shall have been 
laid, sixty days' notice in writing, to remove his fences; if such 
owner shall not remove his fences within sixty days, the commis- 
sioners shall catue such fences to be removed, and shall direct the 
road to be opened and worked. 



224 



TOWNS AND CITIES 



• § 43. If the determination of the commissioners shall have 
heen appealed from, then the sixty days' notice shall be given after 
the decision of the supervisors upon such appeal shall have been 
filed in the office of the town clerk of the town. 
Pubhc roads § 44. The public roads now existing by law are declared the 

ways. public highways of the towns in which roads shall lay. 

Repealing This act to take effect from and after its passage, and any former 

clause. statutes, or parts of statutes which conflict with any of the provi- 

sions of (his act, are hereby repealed, as affecting counties and towns 
which shall organise under the provisions of this act. 
Approved February 12, 1849. 






what shall be 
a nuisance. 



In force A ^ ACT to incorporate town and cities. 

Feb. 10, 1349. 

Section 1. Be it enacted by the people of the state of Illinois, 
Persons com- represented in the general assembly, That any incorporated town or 

required ""to* Clt y * n ^is state ma y nave P ower to provide by ordinance that every 

work on roads, person against whom any judgment may hereafter be recovered, in 
faver of said town or city, for a penalty or fine for a breach of any 
ordinance, instead of being committed to jail, may be required to la- 
bor on the streets until the whole fine and costs shall be paid, at the 
same rate per day as may be allowed as a forfeiture for a failure to 
perform street labor under the direction of the street commissioner. 

May declare § 2. The corporate authorities of any city or town in this state 

may have power to declare what shall be a nuisance, and to prevent 
and ymove the same as much as one-half mile beyond the limits of 
the corporation, with lull power to impose a fine for a violation of 
any ordinance to' that effect. 

To pave, grade, § 3. Whenever it may be necessary to pave or grade any street 
& c. or front lots, or to fill up or alter any lot that may be declared to be 

a nuisance, said corporate authorities may have power, upon the fail- 
ure of the owner of any lot to pave, grade or fill up said lot, or to ■* 
pa) the taxes or fine that may be assessed on the owner or owners 
thereof, to require that said lot, or so much thereof as may be ne- 
cessary, shall be sold for the payment of the tax or fine and cost, in 
the manner authorised fur the collection of other taxes, and all as- 
sessments so made shall constitute a lien on said lot. 

Pow's to towns § 4. The corporate authorities of all towns and cities incorpo- 

the same as rated under chapter twenty-five, entitled (C corporations," of the 

given tocities. • i j j -1*1.111 ». 11 

revised code, or under any special act, shall have power to pass all 

the ordinances and by-laws, and possess all the powers authorised 
under the laws and amendatory acts incorporating either of the 
cities of Springfield or Quincv;'provided that towns containing a 
population of less than fifteen hundred white inhabitants shall have 
no other officers or allow any other compensation than is allowed 
under chapter 25th of the revised code, unless expressly authorised 
by law. 
inhabitant? of § 5. The inhabitants of any town containing a population of not 
l a °^f ™ ay forra less than fifteen hundred inhabitants may be incorporated by the 

name and style of the "city of ," when a majority of the legal 

voters thereof shall vote in favor of being incorporated as a city, at 



TOWNS AND CITIES. 



225 



an election to be held at the court-house, notice being given, by be- 
ing published lor two weeks in succession in any newspaper pub- 
lished in said town, by the president and trustees of said town, or 
by giving such notice as may be prescribed under an ordinance pas- 
sed by the president and trustees of said town. 

§ 6. All the articles and provisions in either of the acts incor- Powers and du- 
porating Quincy or Springfield, prescribing the duties of the presi- ties * 
dent and trustees, ordering an election of city officers, prescribing 
the powers of the city, of the city council, executive officers, elec- 
tions, legislative powers of city council, of the mayor, proceedings 
in special cases, and miscellaneous provisions, shall be the rule by 
which the corporate authorities of any city incorporated under the 
provisions of this act shall be governed ; Provided, no city incor- 
porated under this act shall be exempt from the payment of a coun- 
ty tax, nor be required to support the paupers. 

§ 7. The boundaries of any city incorporated under this act may Boundaries, 
include one mile square, and any tract of land adjoining laid oft' into 
town lots and duly recorded as required by law, and any tract of 
land adjoining said city, with the consent of the owner thereof, with- 
in the limits of one-half mile from the boundary of said city. 

§ 8. The inhabitants of any town or city, in the corporate name, r,i ay purchase 
may purchase, receive, and hold real estate beyond the limits as grounds, 
[of] their corporate limits for the purpose of burying grounds. 

§ 9. Whenever the corporate authorities of any town or city may Taxes, 
wish to have the taxes, authorised to be levied under and by virtue 
of their respective charters, or under the general act, upon filing a 
certificate of the rate authorised under the authority of the said cor- 
poration, in the office of the clerk of the county court, it shall be 
the duty of the collector of taxes for the state and county to collect 
the taxes for said town or city upon the assessment of the value of 
all the property within the limits of said corporation, as ascertained 
by the assessment for state and county purposes, and enforce the 
payment thereof in the same manner, and with all the rights, power 
and authority as he has to collect state and county taxes, and shall 
pay the same over to the order of the corporate authorities at the 
same time he is required to pay over the county revenue, and the 
court of the proper county shall render judgment and order sale of 
any lot or tract for the non-payment of the t. x and cost due said 
town or city, as is or may be provided for state and county taxes ; 
and judgment and sale shall be rendered for the aggregate amount 
due for county, state and town, or city taxes. The collector shall re- 
ceive the same compensation for collecting the taxes for any town or 
city, as is allowed for the collection of the state and county revenue; 
to be paid out of the funds of the corporation, and he shall be liable 
on his bond for the faithful performance of the duties required un- 
der this act. 

§ 10. This act to take effect from and after its passage. 

Approved February 10, 18-i9. 

(*) 



225 TOWNS AND CITIES. 

In force AN ACT to incorporate the town of Waterloo, in Monroe county. 

April 13, 1849. 

Section 1. Be it enacted by the people of the state of Illinois, rep- 
co 'rated. " resented in the general assembly, That the inhabitants and residents in ) 
the town of Waterloo, in Monroe county, are hereby made a body 
corporate and politic in law and in fact, by the name and style of the 
"President and board of trustees of the town of Waterloo," and 
by that name shall have perpetual succession, and a common seal, 
which they may alter at pleasure, and in whom the government of 
the corporation shall be vested, and by whom its affairs shall be 
managed. 

Boundary, § 2. The boundary of said corporation shall include all that 

tract of land contained within the limits of the north-east fractional 
quarter of section number twenty-five, in town two south, of range 
ten west, of the third principal meridian. 

Election of * 3 # That there shall, on the first Monday of May next, be 

trustees* t» 

elected five trustees, and on every first Monday of September 
thereafter; who shall hold their offices for one year, and until their i 
successors are duly elected and qualified, and public notice of the 
time and place of holding said election shall be given by the presi- 
dent and trustees, by an advertisement published in a newspaper in 
said town, or posting it up in at least four of the most public places 

Qualification of in said town. No person shall be a trustee of said town who has 
trustees. not arrived at the age of twenty-one years, and who has not resi- 

ded in said town six months next preceding his election, and who is 

Qualification of no ^ a t the time thereof, a bona fide freeholder ; and moreover, who 
has not paid a tax. And all white free male inhabitants over twen- 
ty-one years of age, who have resided in said town three months 
next preceding an election, shall be entitled to vote for trustees. 

Trustees shall And the said trustees shall, at their first meeting, proceed to elect 
meet. one f their body president, and shall have power to fill all vacan- 

Powers.j cies in said board, which may be occasioned by death, resignation, 

or removal, or six months absence from the town, and to appoint 
a clerk, an assessor, a treasurer, a street inspector, and a town con- 
stable, to give bond and security in such amount as the trustees 
may require ; and the said town constable shall take an oath, or 
affirm before some justice of the peace, that he will faithfully dis- 
charge the duties of said office ; and it shall be his duty to collect all 
fines, and serve all processes, at the suit of the corporation; and to 
do such other matters and things pertaining to the office as may be 
required of him by the ordinances and by-laws of said corporation. 

Powers of cor- § 4. The said corporation is hereby made capable in law to 
poration. ^ iQ an( j j^jj ^ Q t nemse l ve9 and their successors, any lands, tene- 
ments, hereditaments, and the rents, issues, and profits thereof, 
which may be necessary for the erection of any public school 
house in said town, market house, or other public buildings, to 
promote the interests and public good of the citizens of said town, 
and the same to sell, grant, and dispose of if necessary. They shall 
also have pow r er to regulate, to grade, pave, and improvethe streets, 
lanes, and alleys, within the limits of said town and corporation, and 
to extend, open, and widen the same, making the persons injured 
thereby, adequate compensation. To ascertain which the board shall 
cause to be summoned six good and lawful men, freeholders and in- 
habitants of said town, not directly interested, who, being first duly 
sworn for that purpose, shall inquire into and take into consideration 



TOWNS AND CITIES, 227 

us well as the benefits as the injury which may accrue, and 
estimate and assess the damages which would be sustained 
by reason of the opening, extending, or widening of ; ; \ 
street, avenue, lane, or alley; and shall, moreover, estimate 
the amount which other persons will be benefitted thereby, 
and shall contribute towards compensating the person injured. All 
of which shall be returned to the board of trustees, under their 
hands and seals, and the persons who shall be benefitted, and so 
assessed, shall pay the same in such manner as shall be provided, 
and the residue, if any, shall be paid out of the town treasury ; and 
said corporation shall have power to sue and be sued, plead, an- 
swer, and be answered in any court whatever. 

§ 5. The trustees aforesaid and their successors, or a majority Rales and regu- 
of them, shall have full power and authority to ordain and estab- board of trus- 
lish such rules and regulations lor their government and direction, lees, 
and for the transaction of the business and concerns ol' the corpo- 
ration, as they may deem expedient ; an. I to ordain and establish 
and put into execution such by-laws, ordinances and regulations as 
shall seem necessary for the government of said corporation, and 
for the management, control, disposition, and application of its cor- 
porate property ; and generally to do and execute, all and singular, 
such acts, matters and things, which to them may seem necessary 
to do, and not contrary to the laws and constitution of this state. 

§ 6. The said trustees shall have power to levy and collect a Fccs - 
tax, not exceeding one hall' of one per cent., on all lots and improve- 
ments and personal property lying and being within the incorporate 1 
limits of said town, according to valuation; to tax public shows, 
and houses of public entertainment, taverns, stores, and groceries, 
for the purpose of making and improving the streets, and keeping 
them in repair, and for the purpose of erecting such buildings and 
other works of public utility as the interest and convenience of the 
inhabitants of said town may require, and the circumstances ren- 
der proper and expedient; and said trustees may adopt such modes 
and means for the assessment and collection of taxes as they may 
from time to time fix upon and determine ; and to prescribe the man- 
ner of selling properly, when the tax levied upon it is not paid; 
Provided, no sale of any town lots or other real estate shall be 
made until public notice of the time and place shall be given by 
advertisement in the newspapers, or at four of the most public pla- 
ces in said town, at least fifteen days previous thereto ; Provided, Proviso, 
that in conducting such sale, t lie provisions of the act concerning 
public revenue, so far as the same may be applicable, shall be 
complied with. 

§ 7. That the trustees of said town, or a majority of them, shall Fujther powers 
have power to preserve good order and harmony in said town ; to ° 
.punish for open indecency, breaches of the peace, gambling, gaming 
houses, horse racing, shooting, and all disorderly houses, and riotous 
meetings; to remove obstructions in the streets and public ways, and 
all nuisances — for which purpose they may make such by-laws and 
ordinances as to them may seem expedient, and not inconsistent 
with any public law of this stale, and impose fines for the breach 
thereof; which fines shall be recoverable before any justice of the 
peace residi ig in said town. And all suits and judicial proceedings 
'< der this act shall be brought in the name and ^t\ le of the "] . 
tanJi >f the town of Waterloo." 



223 



TOWNS AND CITIES, 



Duty of town (j g. jj- s ] ia ]i be the duty of any justice of the peace residing in 
jus i es. ga j t j town, and he is hereby authorised and empowered, upon the 

violation of any law or ordinance of said corporation, to issue his 
warrant, directed to the town constable, or any authorised county 
officer, to apprehend the offender or offenders, and bring them or 
him forthwi'h before him, and after hearing the evidence, if it shall 
appear that the said accused has been guilty of the violation of any 
such law or ordinance of the corporation, to impose such fine or 
imprisonment as shall be pointed out in such law or ordinance; 
Provided, such fine shall not exceed live dollars, and imprisonment 
not to exceed twenty-four hours j Provided, however, that writs of 
certiorari and appeals shall be granted from judgments under this act, 
as in other civil cases; and in all criminal cases the defendant shall be 
entilled to an appeal to the county or circuit court by entering into 
bond or recognizance, as the case may require, bef< re the justice 
of the peace, within twenty days afierthe rendition of the judgment, 
with such securities and in such an amount as the justice shall 
think right and proper ; and all fines imposed for a breach of the 
peace, or a violation of the corporation ordinances, shall be paid in- 
to the treasury of said corporation. 

To'vn lots sold § 9. That when any town lots or real estate shall be sold for 
for taxes. taxes, by virtue of this act, the same may be redeemed at any time 
within two vears from the date of such sale, by the owner of said 
property, or his or her agent, executor, or administrator, paying to 
the treasurer of said town, for the use of the purchaser of said 
property, the full amount of purchase money, with interest at ihe 
rate of twelve per cent, per annum, together with the costs accru- 
ing thereon 

special tax, § 10. That upon the application of the owners of two thirds of 

the front lots on any street, it shall be lawful tor the board of trus- 
tees to levy and collect a special tax on the owners of the lots on 
said streets, or parts of a street, according to their respective fronts, 
not to exceed one per cent., for the purpose of grading and paving 
the said side-walks on said street. 

Towa oidinan- § 11. That all ordinances of said trustees shall be fairly writ- 
ces - ten out, signed by the clerk, and published in a newspaper printed 

in the town, or posted up at three of the most public places i.i said 
town; and no ordinance shall be in force until published as afore- 
said, at least ten days. 

Fees of justices § 12. Thejustices of the peace and constables who are requir- 
and constables g( j (o renc ] er se ivices under this act, shall be entitled to the san>e 
fees, and collect them in the same manner, as now is or may hereaf- 
ter be provided by law. 

special meeting § 13. That the president or any two of the trustees shall have 
of trustees. p 0ve r to call a meeting of the board, by giving one day's notice 
thereof ; and a m jority shall constitute a quorum to do business, but 
a minority shall have power to adjourn from time to time, to com- 
pel the attendance of absent members, and in the event that the no- 
tice of an election is not given, as required by this act, or from 
any other cause, that an annual election shall not be holden at the 
proper time, it shall be lawful for the late clerk of the board, or 
any two qualified voters in said town, at any time thereafter, to 
give notice as aforesaid, of the time and place of holding a special 
election ; and the trustees elected at such special election, shall have 
all the powers conferred by this act. 



VENUE. 



OO9 



§ 14. That the qualified voters within the corporation shall, at Vo *e to be ta. 
tlie first annual election i'or trustees, vote lor or against becoming vCn * 
incorporated under the provisions of this act; and it' two-thirds 
of all the voles ^i\e:i at said election are in favor of being in- 
corporated, theu this act to be in force, otherwise, to be null and 
void. 

Approved February 12, 1S49. 



AN ACT tor i^e the venue of certain suits therein named from Mercer circuit j n f orce 

court to Rock Island circuit court. inril 13, 1S4?. 

Section I. Be it enacted by the yeoyh of the state of Illinois, 
represented in the general assembly, That the venue of all civil venue changed, 
caus-s pending and undetermined in the circuit court of Mer- 
cer county, restraining or enjoining certain officers from removing 
their offices from the town ol >iiller:>burg to the town 01 Kei hsburg, 
and all civil suits or eau»es in said court pending, involving, indi- 
rectly or directly, the location of the county seat in said county, is 
hereby changed to the county of Rock Island. 

§ 2. Upon filing a copy of this act in the clerk's oilice of the cir- 
cuit court of said county, or either of them, the said clerk shall lile 
the same in his office, and shall immediately make a full transcript 
of the records and proceedings in each of the aforeaid civil causes, 
and shall certify and transmit the same to the circuit court of Rock 
Island county, together with ail papers filed in each case, apper- 
taining to or forming part of the record; and the clerk of said en cuit 
court for the county of Rock Island shall lile the same, and said 
cause shall be docketed by him, and shall be proceeded in and de- 
termined by the court in all things, before and after judgment, as if 
it had originated therein. 

§ 3. All questions concerning the regularity of proceeding in ob- 
taining and effecting the change of the venue of the aforesaid cau- 
ses, and the right of the court to which the change is made to try 
the causes and execute the judgment therein, shall be considered as 
waived after trial and judgment. 

§ 4. The county commissioners' court of said county of Mercer 
may, by an order of the said court, direct that no copy of this act 
be filed in said clerk's oilice, in which case this act shall be held 
annulled and avoided. 

Approved February 12, 1849. 



JOINT RESOLUTIONS 






JOINT 11ESOLUTIONS. 



JOINT RKSOLUTIONS for the improvement of the Mississippi river at the Des 
Moines Kapida on said river. 

Whereas, the navigation of the Mississippi river is greatly ob- Preamble, 
structed by the Des Moines Rapids, and it is proposed to improve 
such navigation by making a canal upon and around said rapids, on 
the Illinois side ol' said river, by the erection of certain walls, dams, 
locks and other works in said river, which shall not obstruct the 
free navigation of the present channel of the river, for which pur- 
pose the consent of congress is desired ; therefore, 

Be it resolved by the people of the stale of Illinois, represented 
in the general assembly, That congress be, and is hereby, requested ^^"s^kei 
to pass an act granting their consent that anv dams, walls, locks or to build dam. 
other works may be placed in the Mississippi river on or near the 
Des Moines Rapids, on the Illinois side thereof, for the purpose of 
improving the navigation thereof, or for hydraulic purpose*; which 
shall not obstruct the free navigation of the present channel of said 
river. Such improvement to be made by, or under the direction of, 
or by the authority of the legislature of the state of Illinois. 

Resolved. That our senators and represen'atives in congress be Delegation in- 
requested to use all proper exertions to secure the passage of an 6tructed ' 
act to promote the ends in the foregoing preamble and resolution con- 
templated. 

Resolved, That the governor be respectfully requested to trans- Governor to 

... >~ . ,• • l transmit to 

mit to our senators and representatives in congress, at as early a delegation, 
day as practicable, a copy of the foregoing preamble and resolu- 
tions. 



JOINT RESOLUTION asking a grant of lands to aid in the construction of certain 

railroads. 






P.^olvedby the Senile, the House concurring herein, That our sen- Congressional 
ors in congress be instructed, and our representatives in congress ^sklTe'rant ol 
be requested, at as early a day as possible, to use. their best endeav- i an d. 



234 JOINT RESOLUTIONS. 

ors to secure a liberal donation to the state of Illinois, of the pub. 
lie lands lying contiguous to the routes of the Central, Northern 
Cross, and the Galena and Chicago Union railroads, for the pur- 
pose of aiding in their construction. 

Resolved, That the governor be respectfully requested to forward 
a copy of the foregoing resolution to each of our senators in con- 
gress. 



JOINT RESOLUTION on the subject of postage. 

Resolved by the Senate and House of Representatives of the general 
congressional assembly of Illinois, That our senators be, and are hereby, instruc- 
urge S reduction tec *' anc * our representatives in the congress of the United States be 
of postage, requested, to use their exertions to procure such a revision of the 
post office laws as shall fix the postage on letters at the uniform 
rate of five cents ; and abolish the requirement now existing that 
transient newspapers must be prepaid at the office in which they 
are deposited, in order to their being forwarded through the mails. 
Resolved, That his excellency, the governor, be requested to for- 
ward to each of our senators and representatives in congress a copy 
of the foregoing resolutions. 



delegation in 
structed 



JOINT RESOLUTION instructing our senators and representatives on the subject 

of slavery. 

Resolved by the senate of the state of Illinois, the House of Repre- 
Congressional sentatives concurring, That our senators in congress be instructed, 
and our representatives requested, to use all honorable means in 
their power to procure the enactment of such laws by congress for 
the government of the countries and territories of the United States, 
acquired by the treaty of peace, friendship, limits and settlement 
with the republic of Mexico, concluded February 2d, A. D., 1848, 
as shall contain the express declaration "that there shall be neith- 
er slavery nor involuntary servitude in said territories, otherwise 
than in the punishment of crimes whereof the party shall have been 
duly convicted." 

Resolved by the House of Representatives, the Senate concurring 
Governor to herein, That the governor be respectfully requested to transmit to 
forward reso- each of our senators and renresentatives in congress a copy of the 
joint resolution of the senate, concurred in by the House on the 9th 
instant, for the exclusion of slavery from the new territories ac- 
quired by our late treaty with the republic of Mexico. 



JOINT RESOLUTIONS. 235 

JOINT RESOLUTIONS of instructions to the senators and representatives in con- 
gress from the state of Illinois. 

Resolved by the House of Representatives, the Serwfe concurring 
herein, That our senators in congress be in»trucied, and onr repre- Conpressional 
senfatives.be requested, at as early a day as possible, to use their ur«fa«antof 
best endeavors to secure to the states of Illinois and Indiana a liber- land for rail- 
al donation of public lands contiguous lo the routes of the Mt. roa(,s * 
Carmel and Alton, and Mt. Carmcl and New Albany railroads, for 
the purpose of aiding in the construction of said roads as early as 
practicable ; and also a similar donation to the state of Illinois for 
the Springfield and Alton branch, and t he western portion of the 
Northern Cross railroad of the state of Illinois, terminating at Quin- 

c y 

Resolved, That the governor be respectfully requested to forward Governor to 
a copy of the foregoing resolution to each of our senators and re- f oi y ard res0 " 

rj . ° a lutions. 

presentatives in congress. 



JOINT RESOLUTIONS on pre-emption rights. 

Resolved by Ike House of Representatives if the State of Illinois, 
the Senate concurring herein, 'I hat our senators in Congress be in- 
structed, and our representath es reque-ted, to use their influence 
in favor of pre-emption rights being granted to persons now actual 
settlers on the public domain that may be granted to this state for 
building railroads or other internal improvements. 



JOINT RESOLUTION in regaid to the improvement of the Mississippi, Ohio, and 

Illinois livers. 

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 representatives be requested, to use all proper 
and honorable means to obtain the passage of laws for the improve- 
ment of the navigation of the Mississippi, Ohio, and Illinois rivers, 
and for the improvement and protection of harbors upon the nor- 
thern lake3. 



JOINT RESOLUTION in relation to a marine hospital at Rock Island. 

Resolved by the House of Representatives, the Senate concurring 
herein, That our senators in co-igress lie instructed, and our repre- , nstructions to 
sentatives requested, to use all honorable exertions to pmcure the congressional 
passage of an act to direct the secretary of war to select a suitable delegation. 



236 



JOINT RESOLUTIONS. 

tract of land upon the island of Rock Island, in the state of Illinois, 
for the site of the necessary buildings for a marine hospital, with 
the necessary appurtenant grounds, and directing the sale of ihe re- 
mainder of the lands upon said island, in small quantities, at public 
sale. The proceeds of said sale to be appropriated to the estab- 
lishment and support of said marine hospital; and that -the gover- 
nor be requested to forward a copy of this resolution to our sena- 
tors and representatives in congress. 



JOINT RESOLUTION relating to re-location of school land. 

Preamble. Whereas, the United States have donated to this state one sec- 

tion of land, for the use of the inhabitants of each township for the 
use of schools ; and whereas, the evident design of said donation 
was, that the inhabitants of each township might thereby have se- 
cured to them the means of raising a common school fund ; and 
whereas, in many townships the land thus donated is so utterly val- 
ueless that it cannot be sold at any price whatever, while in other 
townships an ample school fund has been realised 1'rom the land so 
donated ; and whereas, it is but sheer justice that the townships in 
which said lands are valueless should have lands from which they 
can realise a school fund, therefore, 

Resolved by the House of Representatives, the Senate concurring here- 

Congressionai t - n That our senators in congress be instructed, and our represen- 

delegation in-, ,. , , , ,1 .°, . . . ,, 

structed to tatives requested, to use their best exertions to procure the passage 

urge passage of a law by congress, authorising the selection of other lands in lieu 
of law. f suc j 1 f t ^ e j an( j g donated as above stated as are valueless or un- 

saleable. 
Governor to Resolved, That the governor forward to each of our members in 
transmit to Congress a copy of the foregoing preamble and resolution. 



JOINT RESOLUTION for the presentation of swords. 

Resolved by the House of Representatives, ihe senate concurring 
Governor to fa rein, T hat the governor of lite state of Illinois be authorised and 
s re q Ues t ec l j_ procure suitable swords, with proper devices and in- 
scriptions, to be presented in the name and behalf of the people of 
this state to Brevet Major General Shields, and to each of the colon- 
els of the 2d, 3d, and 4th Illinois regiments, and that like swords 
be presented to each of the field officers from this slate engaged in 
the Mexican war, as a public testimonial of their admiration for the 
gallant conduct of these officers at the battles of Bueua Vista, Cerro 
Gordo, and elsewhere. 
Sword to eldest Resolved, That cherishing with the profoundest sentiments of 
son of Col. veneration the memory of the lamented Col. John J. Hat din, and 
Hardin. entertaining the liveliest sense of gratitude for his invaluable servi- 

ces as the commanding officer of the gallant first Illinois regiment 



JOINT RESOLUTIONS. 0^7 

and with a desire to testify our high admiration for the valor and 
chivalry displayed by him at the battle of Buena Vista, ;it which he 
fell, that the governor be authorised to procure a sword similar to 
those designated by the first resolution, and that he present the same 
to the eldest son of the lamented Hardin, as a memorial of the re- 
spect and admiration entertained by the people of this state for the 
virtues, bravery and memory of the deceased. 



JOINT RESOLUTION relating to the transiicitation of free persons of color. 

Whereas, efforts have been made to create the impression that Preamble, 
the citizens of the free states desire lo interfere with the institu- 
tion of slavery in the slates where it exists by law ; and whereas, 
such efforts are likely to create discord and jealousy among the sev- 
eral e tales, and weaken the bonds of our glorious Union; and 
whereas, we desire most earnestly to undeceive our brethren of 
the southern states on the subject, and manifest our fraternal re- 
gard for them, and to contribute all in our power to assist in re- 
lieving them of the burden of .slavery, in the manner best suited 
to their feelings and interests : therefore, 

Be it resolved by the Senate, Ike Hovse of Representatives con- 
curring herein, That our senators in congress be instructed, Instructions to 
3 i n • • i congressional 

and our representatives requested, to employ all constitutional delegation. 

means in their power to procure ample resources by the general 
government to remove all >uch free persons of color as can be in- 
duced to emigrate to Liberia, or elsewhere in- Africa, and to pro- 
vide for their necessary wants. 

Resolved, That the governor be requested to transmit a copy of 
the above preamble and resolution to each of our senators and re- 
presentatives, with a request that the subject be brought before con- 
gress. 



JOINT RESOLUTION in relation to postage. 

Resolved by the Senate, the House of Representatives concurring 
herein, That the governor be required to pay or cause to be paid 
out of the contingent fund, the postage on papers, fetters, and pub- 
lie documents, received by or sent out by the members of t lie legis- 
lature and officers thereof. 



238 JOINT RESOLUTIONS. 

JOINT RESOLUTION relative to. the construction of a dyke in the Mississippi 
river opposite the city of St. Louis. 

Preamble. Whereas, a suit has been pending in the St. Clair county circuit 

court, on the equity side thereof, wherein the people of the state of 
Illinois were plaintiffs and the city of St. Louis and others were de- 
fendants, the general object of which said suit was to restrain and 
prohibit the said defendants from obstructing the navigation of the 
Mississippi river by the construction of works designed for the 
improvement of the harbor of said city ; and whereas, the general 
assembly of the state of Illinois >is desirous of interposing no objec- 
tions to any improvements of the harbor of St. Louis which can 
be constructed without injury to the general navigation of the main 
channel of the Mississippi river; be it therefore, 

St. Louis au- Resolved by the House of Repsesentalives, the Senate concur- 

thonties to ring herein, That upon a compliance with the conditions 

complete anc j t erms hereinafter mentioned, the city of St. Louis is he- 

worlcs. * 

by authorised and empowered to proceed with and complete the 
works now in progress of construction within the limits of this 
state, designed for the improvement of the harbor of the said city 
of St. Louis, in the Mississippi river, according to the ordinances 
of said city, heretofore passed by the city council of St. Louis, for 
that purpose. 
T rile bond ^d. The city of St. Louis shall cause to be filed in the office of the 

secretary of state for this state, a bond or other instrument in writing, 
good and valid in law, to be approved by the governor of this state, 
binding the said city of St. Louis, as soon as practicable, to complete 
and construct a road or highway over the dun or dyke now in pro- 
gress of construction by said city, opposite the town of lllinoistown, 
from Bloody Island to the main land on the Illinois shore; said road 
to be so constructed as to afford a safe and commodious highway 
from the Illinois shore to and upon Bloody Island; and further, that 
the owners of the property on the Illinois shore and of Bloody Is- 
land, to and on which said road is to be constructed, will grant the 
right of way, and undisturbed to the public forever, over said road 
or highway, without any toll or tax therefor; but this easement or 
right of way shall not extend to any incorporated or chartered com- 
pany, except the St. Clair county ferry and the St. Clair County 
Turnpike company, saving to the owners of said land, commonly 
known as the Wiggins Ferry company, all rights granted, and now 
vested in them under and by virtue of the laws of this state and 
their acts of incorporation. 
Privileges re- 3d. That all the rights and privileges to a ferry landing are here- 
served to the ^ reserved to the St. Clair county ferry to which they are entitled 

St. Clair Ferry •> , ,, ., '. ,, J , J , , ,. ., • 

under the. provisions ol an act or the general assembly or this 

state, approved March 2, 1839; and the city of St. Louis shall file 
or cause to be tiled with the county commissioners' court of St. 
Clair county, such an instrument in writing, as shall be adjudged 
sufficient by the governor of this state, as will secure to the said 
St. Clair county ferry, either a landing for said ferry on Bloody Is- 
land on the Mississippi river, running out from and fronting as 
near as may be the landing which said St. Clair county ferry had 
on the main land of the Illinois shore belbre the making of said im- 
provements. Or, that if said St. Clair county ferry shall be com- 
pelled to condemn a road and ferry landing, according to the pro- 
visions of her said act of incorporation, luat then the city ot 



JOINT RESOLUTIONS. Q'JJ 

AUv 

St. Louis will pay the amount of damages that may be assessed in 
such proceedings, and the costs thereof. But said city of St. Louis 
shall be obliged to secure to said St. Clair county ferry, the rights 
she now has, and such as may be determined to belong to said lerry 
by a suit now pending in the supreme court of the United Stales 
between the said St. Clair county Jerry and the Wiggins Ferry com- 
pany. 

4th. The city of St. Louis shall, in accordance with the gener- Mode of con- 
al plan of said works, construct the two dams or dykes from the structlD s 
main Illinois shore to the dam or dyke running from Venice to the 
head of Bloody Island, and which dams or dykes are designated on 
the map of said works, compiled in January, 1849, by Henry Key- 
ser, superintendant of said works, as W. and V., one running from 
Brooklin and the other from the line dividing Madison and St. Clair 
counties, to said main dyke from Bloody Island to Venice. Said 
two cross dams to be constructed simultaneously with such main 
dyke and cross dykes, to be completed within two years from the 
adoption of these resolutions; and the owners of the Madison county 
ferry are authorised to construct a road or highway on said cross 
dam marked V., and the Illinois Coal company are authorised to 
construct a road or highway on said cross dam marked W.; but said 
roads shall be constructed so as not to injure said works, and 
are to extend to the river and be free to the public forever as high- 
ways. And the said Illinois Coal company may use said road on 
said dam marked W., as a highway, for the passage of persons'and 
property, by railroad or otherwise, to and from the main shore to 
the said main dyke. And said Madison county ferry may use said 
road on said dam marked V., as a highway for the passage of per- 
sons and property to and from said shore on the Mississippi river; 
and^tny arrangement «.» hich the owners of said ferries shall respec- 
tively make with the city of St. Louis, respecting said cross dams, 
or the road thereon, as to their construction and the time thereof, 
shall be good and valid ; Provided, said arrangement does not inter- 
fere with the navigation ol the main channel of the Mississippi 
river, or private rights. 

5th. That nothing in the foregoing resolu'ions shall be so con- Not to injure 

strued as as to authorise the city of St. Louis to impede, obstruct, navi s aU ° n ° f 
, J . n , -iini niain channel. 

or in any manner injure the navigation ol the mam channel ot the 

Mississippi river, nor to impair the sovereignty or jurisdiction of 
this state, where said improvements are to be made within the ter- 
ritorial limits of this state, nor to invalidate any claim which any No claim inval- 
citizen of this state may now or hereafter have against the said city idated. 
of St. Louis for damages sustained by reason of the construction 
of said works, or the overflow of water caused by the same. And 
the governor of this state is hereby authorised to modify the terms 
contained in the foregoing resolutions, or either of them, if in his 
judgment such modification shall promote the public interests, or 
that harmony and good i'eeling which the general assembly desires 
to cultivate, and which should subsist between the people of the 
states of Illinois and Missouri. 



240 



JOINT RESOLUTIONS. 

JOINT RESOLUTION relative to granting bounty lands to soldiers in the last war 
with Great Britain. 



Whereas, the general government has large quantities of vacant 
land; and whereas, it is our true policy to promote their speedy- 
settlement ; and whereas, the brave citizens who rushed to the de- 
fence of their country in the war with Great Britain, ought not to 
be forgotten or neglected, but should be rewarded for their services 
and privations as the gallant soldiers of the Mexican war have 
been ; therefore, 

Resolved by the House of Reresentatives, the Senate concurring 
Bounty to sol- herein, That our senators in congress be, and they are hereby in- 
dieis of lsia.structed, and our representatives requested, to use their best efforts 
to obtain the passage of a law granting a bounty in land to the sol- 
diers of the last war with Great Britan, both regulars and volun- 
teers, or their representatives. 



State of Illinois, 

Office of Secretary State. 
\, Horace S. Cooley, secretary of state of the state of Illinois, hereby cer- 
tify the foregoing to be true and perfect copies of the enrolled laws of a general 
nature, and joint resolutions, deposited in this office ; the words printed in brack- 
ets, thus, [ ] in the several laws in which they occur, not being in the enrolled 
laws, but are introduced in the printed laws for the purpose of correcting and 
explaining the same. 

In testimony whereof, I have hereunto subscribed my name at Springfield, this 
14th day of June, 1849. 

HORACE S. COOLEY, 

Secretary of State. 



REPORTS 



AUDITOR AID TREASURER 

FOR 1849. 



BIENNIAL REPORT 



AUDITOR OF PUBLIC ACCOUNTS, 



STATE OF ILLINOIS, 



Auditor's Office, Illinois, 

Springfield, January 12, 1849. 
To the Honorable, 

the Speaker of the Senate: 
Sir : In pursuance of law, I 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. 



(iv) 









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:vi) 



6 



A Statement, showing the amount of warrants drawn upon the Treasurer from 
the 1st day of December, 1846, to the 1st day of December, 1848, for the cur- 
rent expenses of the state, and charged to the following accounts: 



To what account charged. 



Advertising delinquent lands, ------ 

Appropriations, special, including relief laws, &c, 

Appropriations for defraying expenses ot Hancock war, 

Appropriation for funding state debt, - 

Appropriation for preserving state arms, - 

Appropriation for repairing the governor's house, 

Appropriation for completing the state-house, - 

Appropriation to the Deaf and Dumb Asylum, 

Appropriations, general, providing for the payment of supreme court reports, 

election returns, &c, - 

Bounty, on wolf scalps, under old law, - 

Correcting records, by auditor, - - - - 

Correcting records, by John B. Weher, under special law, 
Clerks' and sheriffs' fees on judgments, ... 

Clerks' fees on forfeited lands and lots and trancript of sales, 
Conveying convicts to the penitentiary, - 

Contingent fund, - - - - - 

County assessors' for 1845 and '46, - 

County tax on lands redeemed in 1844, 
Convention to amend the constitution, including pay of members and officers, 

stationery, printing, &c, - - 

Distribution of laws and journals, ... 

Deaf and Dumb Asylum, being one quarter per cent, on school, college and 

seminary fund for 1846 and '47, - 

District court in adjusting Massac county difficulties, 
Fugitives from justice, - 

General assembly, session 1846 and '47, - 

Incidental expenses, - 

Judges of supreme court, including balance on old appropriation, 
Judge of Cook and Jo Daviess county courts, - 
Money refunded on lands redeemed by minor heirs, 
Money refunded on lands sold in error, and amount of state revenue overpaid 

by collectors, - 

Public printing, «--•-- 
Public binding, - - - - - 

Sheriff, for attending supreme court, - 

Taking census in 1845, - 

The auditor, on appropriation of 1844 and '45, - 
The auditor, on appropriation of 1846 and '47, - 
The attorney general, on appropriation of 1844 and '45, 
The attorney general, on appropriation of 1846 and '47, 
The adjutant general, - 

The brigade majors, for inspecting Illinois militia, 
The governor, on appropriation of 1844 and '45, 
The governor, on appropriation of 1846 and '47, 
The governor, foi house rent, - 

The prosecuting attorneys of Cook and Jo Daviess county courts, on appropri- 
ation of 1844 and '45, including special appropriation, 
The prosecuting attorneys of Cook and Jo Daviess county courts, on appropri- 
ation of 1846 and '47,' - 
The porter of the state-house, on appropriation of 1844 and '45, 
The porter of the state-house, on appropriation of 1846 and '47, 
The secretary of state, on appropriation of 1844 and '45, 
The secretary of state, on appropriation of 1846 and '47, 
The secretary of state, for making index, &c, - 

The secretary of fund commissioner, on appropriation of 1844 and '45, 
The secretary of fund commissioner, on appropriation of 1846 and '47, 
The treasurer of state, on appropriation of 1844 and '45, 
The treasurer of state, on appropriation of 1846 and '47, 



Amount. 



$3,016 52 
5,310 64 

43,992 89 

2,493 96 

1,461 96 

404 81 

14,505 80 
6,000 00 

7,298 44 

63 50 

1,944 10 

1.077 24 

'l79 56 

2,781 54 

6,556 58 

2,435 88 

3,668 51 

50 52 

72,815 29- 
2,483 00 

4,384 13 

7,809 19 

365 83- 

71,716 76 

8,374 78 

24,274 40 

1,404 86 

'353 09 

1,885 28 

5,452 13 

1,359 23 

460 00 

8/ 32 

483 35 

3.902 78 

'276 14 

750 00 

666 66 

800 00 

691 00 

3,000 00 

40 00 

280 59 

475 00 

58 33 

490 00 

201 67 

1,636 40 
475 00 
250 00 
610 00 
200 00 

1,361 62 



Statement — Continued. 



(vii) 



To what account charged. 


Amount. 


The circuit attorneys, on appropriation of 1844 and '45, 
The circuit attorneys; on appropriation of 1846 and '47, 


$699 94 
2,612 50 




$326,528 72 


The aggregate amount paid for the oidinary expenses of government is, 
The aggregate amount lor special appropriations, 


166,878 72 
159,650 00 




$326,528 72 



(viii) 



8 



A STATEMENT of the amount drawn from the treasury on account of the con* 
tingent fund, from the first December, 1846, to the first December, 1848. 



Date. 



1846. 
December 2 





o 


« 


8 


a 


12 


« 


21 


u 


26 


1847 
January 


2 



« 16 

February 24 
March 16 

March 19 
April 7 



June 



July 



August 



28 

25 



To whom paid, and for what. 



To warrants to S. Penn, in full, for publishing proposals for 
paper, - 

To warrants to John E. Jackson, in full, for amount of con- 
tingent expenses of troops at Nauvoo, 

To warrants to F. C. Gray, in full, for his expenses as special 
messenger to Jacksonville, by order of the governor, 

To warrants to Flacks & Doway, in full, for medicir.e furnish- 
ed for the volunteers at Nauvoo in 1846, 

To warrants to Samuel Hunt, in full, for attendance as witness 
in case of the people vs. Crissman, for stealing railroad iron, 

To warrants to H. H. Cole, in full, for attendance as witness 
in case of the people vs. certain persons for stealing rail- 
road iron, - 

To warrants to S. P. Shope, in full, for collecting and taking 
care of state arms up to this date, 

To warrants to E. Bonney, in full, for his services and expen- 
ses in Hancock county in October and November, 1846, by 
order of the governor, - 

To warrants to T. L. Walker in full for his services and ex- 
penses in arresting and delivering to Piock Island county, 
W. R. Redding, one of the murderers of Col. Davenport, 

To warrants to E. Bonney, in full, for his services and expen- 
ses in arresting Wm. Fox, under requisition of governor 
Ford, Dec. 26,1845. 

To warrants to E. Peek, in full, for amount paid by him for 
printing abstracts for the use of the state, 

To warrants to H. S. Cooley, in full, for fees of J. Dougherty 
as attorney, and cost of suit in case of the state vs. Elijah 
Willard, - 

To warrants to J. Bunri, in full, for three kegs of powder fur- 
nished state for firing salute on 8th January, 1847, 

To warrants to John Connelly, in full, for hauling arms and 
ammunition belonging to troops under governor Ford in 
1846, ...... 

To warrants to Geo. W. Akin, in full, for his services and ex- 
penses going to Massac county by order of the governor, - 

To warrants to A. D. Duff, in full for his expenses going to 
Massac county by order of the governor, 

To warrants to Samuel K. Casey, in full, for his services and 
expenses going; to Massac county by order of the governor, 

To warrants toM. Carpenter, in full, for conveying and guard- 
ing $35,000 in specie from Springfield to Lockport, 

To warrants to John Went worth, in full, for publishing notice 
of sale of Northern Crois railroad, 

To warrants to L. Pickering, in full, for publishing notice of 
sale of Northern Cross railroad, - - - 

To warrants to M. McConnell, in full for his services as attor- 
ney in Scott and Sangamon county circuit courts in behalf 
of the state, .... 

To warrants to Preston & Brooks, in full for publishing notice 
of Carmi and New Haven mill property, &c, 

To warrants to T. Barlow, in full, for publishing notice of 
sale of Alton railroad, ... 

To warrants to M. McNamara, in full, for freight paid by him 
on box sent to governor French from New York, 

To warrants to Aug. C. French, in full, for amount paid by 
him going to Alton to make arrangements for Illinois vol- 
unteerSj ------ 



Amount. 



Statement — Continued. 



(ix) 



Date. 



1S47. 
August 19 



« 26 

" 27 

Nov. 10 

« 20 

a a 

u k 

December31 

1848. 
January 28 

February 11 

March 1 

<• 15 



a n 

April 25 

« 27 

« tt 

July 13 

August 22 

October 25 

Nov. 25 

" 28 

<< 29 



To whom paid, and for what. 



To warrants to D. B. Campbell, in full, for his services and 
expenses as attorney in going to Quincy to take depositions 
and examine titles of John Tillson under an act in relation 
to certain public debtors, &c, - 

To warrants to Win. Martin, in full, for expenses of messen- 
gers paid by him in raising the 6th regiment of Illinois vol- 
unteer?, - - - - - 

To warrants to M. Brayman,in full, for legal services in sale 
of Springfield and Meredosia railroad, drawing deeds &c, 

To warrants to A. Hoes, in full for his services and expenses 
in attending the arrest of J. Holmes on executive writ, 

To warrants to C. H. Lanphier, in full, for advertising notice 
of sale of Northern Cross railroad, priming Scott's tactics, 
&c, - 

To warrants to C. H. Lanphier,in full, for printing nine quires 
circulars to bond holders, two forms, 

To warrants to C. H. Lanphier, in full, for advertising notice 
of election to fill vacancy in congress, and list of volunteers, 

lo warrants to S. Francis & Co., in full, for advertising no- 
tice of sale of Northern Cross railroad, Carmi and New Ha- 
ven mill property, - 

To warrants to Aug. C. French, for amount paid by him for 
engraving bonds &c, for funding canal indebtedness, 

To warrants to F. D. Preston, in fu'.),for his expenses going 
to the south part of the state on business for the executive, 

To warrants to M. Carpenter, in full, for transporting and 
guarding $45,500 specie from Springfield to Chicago, it 
being one-third of one per cent, 

To warrants to A. H. & C. Burley, in full, for stationery fur- 
nished in case trustees of Illinois and Michigan canal vs. 
chief engineer, by order of J. D. Caton, commissioner &c, 

To warrants to VVm H. Bushnell, in full, for reporting seven 
days in case trustees of Illinois and Michigan canal vs. chief 
engineer, by order of J. D. Caton, commissioner, &c, 

To warrants to Johnson &. Bradford, in full for book made for 
the executive for use of funding state debt. 

To warrants to Samuel Leach, in full, for expenses in procur- 
'ing state bonds, and expenses &.c. of Capt. Stapp's compa- 
ny of cavalry, - 

To warrants to T. S. Seybald, in full, for services as clerk in 
investigating charges preferred by state trustees of Illinois 
and Michigan canal vs. chief engineer, 

To warrants to Aug. C. French, in full, for amount paid for 
swords tor lieutenants Pope & Scarrett, under joint resolu- 
tion of the legislature, ... 

To warrants to J. D. Caton, in full for nineteen days services 
taking depositions in case of the State vs. Gooding, chief 
engineer, - 

To warrants to H. S. Cooley, in full, for expenses, telegraph- 
ic dispatches &c, while at St. Louis on river difficulties, 

To warrants to VVm. Compher, in full for services &c, going 
to Mississippi for John B. Smith, a fugitive from justice, - 

To warrants to Aug. C. French, in full, for amount paid by 
him for telegraphic despatches on state business, 

To warrants to H. S. Cooley, in full for his expenses in going 
to St. Loui9 to purchase printing paper, 

To warrants to R. B. Ewing & Win. Thomason, in full for 
services and expenses going to Iowa to arrest "William 
Deeds, a fugitive from justice, and carrying him to Moultrie 
countv, -•-'.-- 



Amount. 



(X) 



10 



A STATEMENT showing the condition of the school, college, and seminary 
fund, on the first day of December, 1848. 



Amount of surplus revenue credited to the school fund, 
Amount of three per cent, fund credited to the school fund, 
Amount of three per cent, fund credited to the college fund, 
Amount of seminary fund, - 

Total amount of school, college and seminary funds, 

The interest on the above funds due 1st January, 1849, will amount to the 

SU II of, 
Of witch sum there will be due the Deaf and Dumb Asylum at Jacksonville, 

Leaving to be apportioned to the several counties, - 



$335,592 32 

435,727 24 

91.599 46 

57,217 66 



$920,136 68 



$54,815 42 
2,300 34 

$52,515 08 



The amount apportioned to the county of Highland for the years 1845, '46 
and '47 ($1,399 24) hasnotheen paid, there being no revenue collected in said 
county lor those years — hence no collector to pay the certificates required to be 
issued for the interest. 

It is hoped that provision will be made for the collection of at least a sufficient 
amount of the back taxes to pay the above sum. 



II 



(xi) 



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(xii) 



12 



A STATEMENT of slate lands sold from the 1st day of December, 1846, to 
the 3cth day of November, 1848, inclusive. 



Description. 


Amount. 


8.351.67 acres sold in th 


3 Chicago land district, 






. 




. 


$32,865 08 


6,205.40 " " 


Dixon " 






- 




- 


31,724 99 


332.16 " " 


Danville " 






- 




- 


2,072 96 


213.19 " « 


near Alton and Shelbyville 


rai 


road, 


- 


567 18 


80 « " 


near Central railroad, - 






- 




- 


480 00 


15,212.42 acres, - 


$67,710 21 


Amount of scrip refunded to E. D. Gage, 








$851 


80 




CC (c « 


A. P. Farnsworth, - 






- 


266 


00 




(.' fi (( 


Thomas Powers, 






- 


259 42 




« « <• 


J. Underwood, 






. 


268 27 




« « u- 


E. Conant, 






- 


169 


00 




" of corrected patent to G. W. Casseday, 






- 


£4000 




(( te a 


A. P. Farnsworth, - 






- 


240 00 




" of scrip and inte 


■est bonds deposited in 


the 


fu 


nd 








commissioner' 


s office, - 






- 


65,513 


76 


$67,808 25 








Balance due in favor of the 


auditor, - 






■ 


— 




98 04 



Through the kindness of the Hon. K. M. Young, commissioner of the gener- 
al land office, I have been enabled to have the list of lands, patented to the state 
under the 8th section of the act of congress of 4th September, 1841, corrected; by 
which it appears that of the lands selected in the Chicago land district, there 
have been patented to the state 90,022.88 acres. 

In the Dixon land district, 77,390.32 acres. 

In the Danville land district, 41,646.85 acres. 

The state is entitled to 209,085.50 acres. 

Of the lands selected in the Chicago land district there remains unsold 1,315.17 
acres. 

In the Dixon land district, 64,154.58 acres. 

In the Danville land district, 40,354.69 acres. 

Thsre remains unsold, of lands purchased by the board of public works for 
internal improvement purposes, (exclusive of land in Cairo city, and town lots,) 
38,60^.65 acres. 

Of the lands in the Chicago district, 523.86 acres, selected in 1846, have not 
been offered for sale. 



13 



(xiii) 



A Comparative Statement of the Revenue, Interest Fund and Insane Hospital 
Fund, for the years 1847 and 1848. 



Counties. 


Revenue, 
184. 


Interest 
Fund. 


Insane 
Hospital 

Fund. 


r 

Revenue, 
1 848. 


Interest 
Fund. 


Insane hos- 
pital Fund. 


Adams, 


$5,487 73 


$4,115 79 


$548 77 


$8,179 43 


$6,134 57 


$818 00 


Alexander, 


'530 43 


397 83 




'588 51 


441 38 


117 70 


Bond, 


1,563 39 


652 19 


126 96 


1,818 81 


1,028 00 


137 07 


Brown, 


1,783 23 


1,167 62 


155 68 








Boone. 


993 11 


744 81 


99 31 


1.293 74 


970 30 


129 37 


Bureau, 


2,359 36 


1,769 49 


235 93 


2,561 10 


1,920 82 


256 11 


Calhoun, 


897 22 


672 92 


88 29 


945 21 


685 51 


91 40 


Carroll, 


346 52 


259 88 


34 65 


451 41 


338 56 


45 14 


Cass, 


2,216 80 


1,662 55 


221 68 


2.225 93 


1,669 45 


222 59 


Christian, 


1,352 21 


793 96 


105 87 


1,081 25 


'791 85 


105 58 


Clav, 


650 20 


487 59 


65 02 


728 65 


546 49 


72 87 


Clark, 


1.930 57 


1,447 93 


193 08 








Champaign, 


'854 60 


640 98 


85 46 








Clinton, 


1,409 90 


1.057 43 


140 99 








Coles, 


2,144 91 


1,608 69 


207 98 


2,185 51 


1,639 13 


218 54 


Cook, 


10,378 43 


7,783 83 




13,972 02 


10,479 01 


1,397 18 
136 36 


Crawford, 


1,334 86 


1,001 13 


133 49 


J ,430 09 


1.022 67 


Cumberland, 


621 60 


466 19 


61 43 


634 96 


466 40 


62 19 


De Kalb, 


547 25 


410 41 


54 73 


733 "91 


550 43 


73 39 


De Witt, 


935 21 


701 40 


93 52 








Du Page, 


945 (i(i 


70S 67 


94 52 


1.483 80 


1,112 85 


148 38 


Edgar, 


2,815 72 


2,111 79 


281 56 


3,041 73 


2,281 30 


304 17 


Edwards, 


990 87 


711 60 


94 18 


9^6 28 


703 16 


93 76 


Effingham, 


971 45 


338 92 










Fayette, 


1,218 65 


913 98 


121 86 


1,219 04 


f-91 27 


121 90 


Fulton, 


4,731 09 


3,54S 05 


473 (6 








Franklin, 


506 06 


379 53 


50 60 


566 12 


424 59 


56 61 


Gallatin, 


2,264 76 


1,698 57 


226 48 








Greene, 


2,971 43 


2,139 91 


285 22 


3,030 52 


3,224 21 


296 36 


Grundy, 


777 52 


583 14 


77 75 


818 05 


613 54 


81 81 


Hamilton, 


414 42 


333 33 




444 74 


333 55 


44 47 


Hancock, 


3,840 62 


2.880 47 




4,031 04 


3,023 28 


786 72 


Hardin, 


36s 39 


'276 29 


36 84 


402 47 


301 85 


40 25 


Henry. 


1,220 90 


915 68 


122 09 








Henderson, 


1.663 81 


1,247 85 


166 38 


1,893 86 


1.420 40 


189 39 


Iroquois, 


1.521 27 


658 50 


87 80 


1,002 97 


752 23 


106 01 


Jackson, 


1,553 30 


622 93 


83 Oh 


1,858 52 


745 78 


99 44 


Jasper, 


430 34 


322 77 


43 03 


442 04 


331 53 


44 20 


Jefferson, 


1.161 09 


837 78 


111 71 


1.072 87 


804 65 


107 28 


Jersey, 


1.881 07 


1.410 80 


188 10 


1,900 21 


1,425 15 


190 02 


Jo Daviess, 


5,607 81 


4,185 88 


560 76 


5/767 31 


4,325 49 


576 72 


John -on, 


388 4? 


291 36 


38 82 


382 24 


286 63 


38 22 


Kane, 


1,535 01 


1.151 26 




2.869 52 


2,152 14 


4 19 66 


Knox. 


3,9(M 96 


2 9:6 47 


390 20 


3,991 82 


2,993 86 


397 76 


Rend ill, 


1,196 25 


1.122 18 


149 63 


2.108 74 


1.581 55 


210 87 


Lake. 


2,(152 85 


1,539 63 


205 29 


3.530 10 


2,647 57 


352 44 


La S.ille, 


4.263 28 


3,197 51 


426 33 


4,105 66 


3,079 25 


410 56 


Lawiei ce, 


1,350 17 


1,012 62 


135 03 


1,486 83 


1,045 57 


139 41 


Lee, 


516 68 


3^7 51 


51 66 


710 84 


533 12 


71 08 


Livingston, 


346 46 


260 45 


31 64 


£80 48 


285 35 


38 05 


Log" n, 


1.473 IT 


1 105 23 


159 35 


1.540 72 


1,155 53 


154 07 


Macon, 


1.157 55 


814 rp. 


112 6 1 


1,235 03 


926 27 


123 50 


Macoupin, 


3.535 01 


2 5H6 7 1 


346 22 


3,507 70 


2,590 43 


345 39 


He L«an, 


2.7 IX 08 


2,038 55 


271 80 








McDonough, 


2,810 54 


l.*4<* 09 


243 56 


2.982 67 


2.105 44 


280 73 


Mc Henry, 


I.8M) ?? 


1.395 18 


179 19 


2,490 91 


1.868 19 


265 26 


Madison, 


7.13) 75 


4.836 19 


644 83 


6.873 36 


5,155 02 


6^7 33 


Marion, 


1.220 21 


915 16 


122 02 


1.224 80 


918 60 


122 48 


Marshall, 


1,689 29 


],2l'6 97 




1,810 67 


1,358 00 


181 07 


Massac, 


'373 56 


280 17 


37 35 


375 b2 


281 71 


37 56 



(xiv) 



14 



Statement — Continued. 



'Counties. 



Menard, 

Mercer, 

Montgomery, 

Monroe, 

Morgan, 

Moultrie, 

Mason, 

Ogle, 

Pulaski, 

Peoria, 

Perry, 

Pike, 

Pope, 

Putnam, 

Piatt, 

Randolph, 

Rock Island, 

Richland, 

Saline, 

Sangamon, 

Scott, 

Schuyler, 

Shelby, 

Stark, 

St. Clair, 

Stephenson, 

Tazewell, 

Union, 

Vermilion, 

Wabash, 

Warren, 

Washington, 

Wayne, 

White, 

Whiteside, 

Will, 

Williamson, 

Winnebago, 

Woodford, 



Revenue, 
1847. 



$1,590 02 
1,703 93 
1,388 57 
1,306 20 
4,942 12 

951 58 

900 47 
1,471 83 

532 58 
4,970 26 

911 54 
4,955 56 

485 03 
1,124 64 

447 11 
2,051 19 
1,940 58 

664 09 

6,463 77 

1,658 15 

2,350 20 

1,682 33 

1,211 66 

5,640 43 

625 57 

3,267 70 

1,034 34 

3,600 99 

1,139 99 

2,675 12 

1.298 72 

'931 62 

1,320 81 

588 24 

4.194 74 

311 76 

1,807 90 

1,229 82 



$191,414 93 



Interest 
Fund. 



$1,180 03 

1,277 95 

1,041 42 

979 65 

3,247 04 

458 34 

600 68 

1,103 88 

399 45 

3,727 70 

679 15 

3,716 67 

363 77 

838 91 

335 33 

1,538 39 

1,455 43 

460 19 

4,847 82 
1,116 89 
1,762 65 
1,261 75 

908 74 
3.384 26 

'469 17 
2,450 78 

768 42 
2,700 74 

854 99 
2.006 34 

'974 04 

698 71 

990 60 

441 18 
2,921 72 

233 82 
1,355 92 

918 58 



$138,455 98 



Insane Hos 
pital Fund. 



$157 33 
170 39 
138 86 
138 85 
432 94 
60 96 
80 09 
147 18 



90 56 
495 55 

50 63 
111 85 

44 71 
205 11 

61 36 

646 37 
148 92 
235 02 
168 22 

451 23 

62 55 
326 75 
102 45 
360 09 
114 00 
267 51 
129 89 

132 00 

58 82 

389 56 

180 79 
122 48 



$15,590 20 



The probable amount in the counties not reported 
for the year 1848, 



Revenue, 

1848. 



$1,662 34 
1,885 46 
1,360 92 

4,441 57 

1,066 25 

1,584 09 

603 60 

998 15 
4,976 59 

1,344 39 

469 43 

2,249 98 

1,771 42 

792 60 

6.697 40 
1,570 57 
2,545 84 

1.698 75 
1,246 53 
4,472 49 
1,128 09 
3,579 94 
1,105 86 

1,132 72 
2,871 58 
1,412 51 

1,325 70 

913 54 
3.904 88 



1,332 45 

$172,545 45 



33,454 55 



$206,000 00 



Interest 
Fund. 



$1,246 75 
1,414 09 
1,020 69 

3,331 18 

705 49 

1,188 06 

452 84 

705 68 
3,732 44 

900 54 

352 07 

1,687 48 

1,328 56 

594 43 

5,023 05 
1,177 92 
1,909 38 
1,274 06 

934 90 
3,354 36 

846 07 
2,684 95 

829 40 

849 53 
2,153 69 
1,059 38 

994 

685 15 
2,679 56 



999 33 



$127,501 93 



24,498 07 



Insane hos- 
pitalFun d. 



$166 23 
188 55 
136 09 

444 15 

94 06 
158 41 
120 90 

94 09 

497 66 

120 07 

46 94 

225 00 

354 28 

79 25 

669 74 
157 06 
254 58 
169 87 
249 05 
447 25 

112 81 
358 00 
110 58 

113 27 

286 77 
141 25 

134 31 

91 35 

357 28 



133 24 



$17,988 



4,511 29 



$152,00000 



$22,500 00 



15 (xv) 

The warrants unredeemed on the 1st December, 1846', amount- 
ed to - - - $32,045 61 

The certificates for the interest on school, college and semina- 
ry fund, unredeemed on the 1st December, 1846, - 16,817 12 

The warrants issued from the 1st December, 1846, to the 30th 
November, 1818, (exclusive of the warrants issued for the 
interest and Insane Hospital funds, ) amounted to - 326.528 72 

The certificates issued for the interest on the school, college, and 
and seminary funds due 1st January, 1847 and '48 amounted 
to 100,293 67 



Making the sum of, - - - $476,2^5 12 



The warrants cancelled by the treasurer, and deposited in this of- 
fice, from the 1st December, 1846, to the 30th November, 
1848, amounted to, - - - 288,346 49 

The certificates for the interest on the school, college, and semi- 
nary funds, cancelled during the same time, amounted to, - 100,247 11 

$3S8,573 60 
Amount warrants and certificates outstanding on 1st December, 

1848, .... 87,711 52 



The amount of revenue assessed for the year 1847, and prior years, remain- 
ing uncollected, is about $45,500. If we deduct this sum, together with the 
amount now in the treasury, from the amount of warrants and certificates out- 
standing, we leave about $25,000 to be liquidated out of the revenue of the cur- 
rent year. 

The amount of revenue assessed for the current year. (1848,) after deduct- 
ing for the loss, commissions, &c, will be about $182,000. If the revenue of 
the year 1849 be equal to the amount assessed for the year 1848, there will be 
about $340,000, to meet the expenses of the government for the next two 
years. 

The interest fund in the treasury at date of last report, and re- 
ceived from 1st December, 1846, to the 30lh November, 1848, is $234,968 25 
The interest fund remaining uncollected for the year 1847, and 

prior years, after deducting for loss, commissions, &c, is about 31,000 00 
The interest fund for the current year, (184 Q ,) after deducting 

for errors, commissions, &c, will amount to about - 141,500 00 

The Insane Hospital tax, collected upon the assessment of the 

year 1847, amounts to - - - 11,961 84 

The amount of this fund remaining uncollected, after deducting 

for errors, commissions, &c, will amount to about - 2,300 00 

The Insane Hospital tax for the current year, including the back 

taxes, will be about - - - 21,000 00 

I would here remark, that in thirteen counties this tax was not levied upon 
the assessment of 1847, but it is expected will be levied as back taxes upon the 
assessment of the current year. 

I find great difficulty in enforcing collections, mostly caused by the failure of 
assessors to complete the assessment within the time required by law. In many 
counties the books are not returned to the clerk until September or October; 
and in some, not until December, hence, it is impossible for the collector to ob- 
tain the books frcm the clerk in time to prosecute collections so as to obtain 
judgment on delinquent lands at the spring term of the circuit court. This pre- 



(xvi) 16 

vents him from making settlement at the June term of the commissioners' court, 
and may delay settlement until the December term. 

It may be that a law legalizing assessments not made within the time required 
by law, will be necessary ; and, as it is expected that a law will be passed reg- 
ulating the assessment and collection of the revenue, under the provisions of 
the amended constitution, I hope that it will be so framed as to guard against 
similar failures. 

For the purpose of securing the collection of the revenue, more effectually 
than has been done under furmer laws, it is suggested, that the officer or attor- 
ney hereafter charged with its collection from delinquent collectors, be allowed 
a certain commission upon all collections actually made by him after the accounts 
are handed over to him by the auditor. 

Let this compensation be ample, and sufficient to enable that officer to pursue 
claims into every county, and by personal examination and supervision to secure 
collections whenever there is property of any kind existing. 

This per cent, need not become a charge upon the treasury, but may be im- 
posed as a penalty, to be added to the amount due, and collected from the delin- 
quent. By thus requiring the officer to look to the final success of his suit for 
his compensation, the greatest possible motive for energy and diligence is ap- 
pealed to, and, in my opinion, the surest mode that can be adopted for securing 
the prompt and rapid collection of delinquencies. 

In apportioning to the several officers and privates under the command of 
Gen. John J. Hardin and Maj. Wm. B. Warren the sums due them, as required 
by "an act making appropriations, &c," approved February 26, 1847, it was 
found that the sum appropriated was insufficient to pay the several amounts that 
appeared from the pay-rolls filed, to be due; hence, a deduction was made in 
proportion to the amount due each individual. 

"An act making appropriations for pay of the militia called into service in the 
years 1S44 and '45," passed on the 24th day of February, 1847, as appears from 
the journals, was omitted in publishing the laws. The several sums mentioned 
in said act have been paid to the persons entitled to draw them. Some legisla- 
tive action may be necessary in this matter. 

All of which is respectfully submitled. 

THOS. H. CAMPBELL, 

.Auditor of Public Accounts. 



BIEx\ T NIAL REPORT 



TREASURER OF ILLINOIS 



Treasurer's Office, Illinois, 

Springfidd, January 5, 1849. 
To the Speaker of the House of Representatives: 

Sir : In accordance with the provisions of law, I have the honor to submit the 
following report to the general assembly. 

By reference to the annexed statements, it will be perceived that the aggregate 
amount of revenue received into the treasury from the first day of December, 
1846, to the 30th day of November, 1848, and not specially appropriated, 
amounts to the sum of $405,315 52 cents, and that the treasurer's credit for the 
same period amounts to the sum of $3*8,831 14 cents ; leaving a balance in the 
treasury on the 30th of November, 1848, of $16,484 38 cents. Of the latter 
sum, $6,270 57 are due from Milton Carpenter, deceased, late treasurer. The 
greater portion of which sum, however, has become available since the 30th day 
of last November, and is now in the hands of the administrator for payment into 
the treasury. 

A report from the administrator will be made to the state -treasurer, his ac- 
counts adjusted at an early day of the present session, and a special report 
thereof will be made to the general assembly in accordance with the provisions 
of law. 

Since the date of the last biennial report from this office, the sum of $49,- 
634 35 has been received from the commissioners of the school fund, and the 
further sum of three hundred dollars for the sale of seminary lands. 

By the second section of "an act making partial appropriations," approved 
December 18th, 1346, all moneys then in the treasury, together with such ad- 
ditional sums as might be received prior to the first day of March, 1847, and 
not otherwise appropriated, was applied to defray, in part, the current expenses 
accruing during the session. Under the above appropriation the sum of $21,- 
654 47 cents was paid from the treasury in specie. The effect of the measure 
was salutary, and contributed, in a great degree, to arrest the depreciation of au- 
ditor's warrants in this market; thereby enabling members of the legislature, 
delegates to the constitutional convention, and other officers and persons render- 
ing service to the state, to dispose of warrants at rates approaching nearer to a 
par value than had generally been realised for several preceding years. 

From the above named fund, the sum of $2,602 19 has been paid for iron for 
state-house roof, and postage for state departments previous to the first day of 
September, 1848. 



(xvm) 2 

The amount of specie on hand for revenue purposes and received by the pres- 
ent treasurer was ,$13,910 86', and from which has been paid for carpeting for 
the legislative halls, for printing paper, for postage and telegraphic despatches 
received by the governor, the sum of $1,793 93. Also in part pay of the past 
six months salary of the governor, secretary of state, auditor of public accounts 
and his clerks, secretary to the fund commissioner, judges of the supreme court, 
and attorney general, the sum of $1,884 12, and the following additional sum of 
nineteen dollars, to mechanics and laborers for services rendered; leaving a bal- 
ance in the treasury for revenue purposes of $10,213 81 cents, on the 30th day 
of November, 1848. 

The total amount of interest fund received into the treasury since the last re- 
port is $234,968 25. Total amount of warrants drawn on the treasury in the 
same period, is $234,139 00 ; leaving a balance of interest fund in the treasury 
of $829 25. 

The total amount of hospital tax fund received on the assessment of 1847, is 
$11,961 84, of which the sum of $1 1,726 39 has been paid out, and applied to- 
wards the erection of the hospital building on the site selected near Jacksonville; 
leaving a balance in the treasury of $235 45. 

I have the honor to be, with great respect, sir, 

Your obedient servant, 

JOHN MOORE, Treasurer. 



(xix) 



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(XX) 



State Treasurer on account of the interest fund. 



Db. 



To balance in the treasury, December 1st, 1846, 

To amount of interest received into the treasury from December 1846, to 12th 
of August, 1848, - 

Total interest fund to the 12th of August, 1848. 
By amount of interest fund paid out on warrants drawn by the governor to 
12th of August, 1848, - 

To balance of interest fund in the treasury on same date. 
To amount of interest fund received into the treasury from August 12th to 
November 30th, 1848, ... - 

By amount of interest fund paid out on warrants drawn by the governor 
same date, - 

To balance of interest fund on hand, November 30th, 1848, - 

Total interest fund in the treasury and received from December 1st, 1846, to 

November 30, 1843, - 

Total interest warrants paid and cancelled, - • 

To balance in the treasury as above, - 



State Treasurer on account of hospital tax fund. 



Dn. 



To amount of hospital tax received into the state treasury from the 1st day 

of January to the 12th day of August, 1848, 
By amount paid to the "treasurer of the trustees of the Illinois Hospital for 

the Insane," same date, - 

To balance in the state treasury, August 12th, 1848, 
To amount received from August 12th to November 30th, 

To balance, - 

By amount paid to treasurer, same date, 

To balance in the state treasury, November 30th, 1848, 



Total amount of hospital tax fund received, 
Total amount paid out to treasurer, 



To balance, as above, 



(xxi) 



RECAPITULATION. 



Interest fund in the treasury on the 12th day of Aug 
Hospital tax, 


, 1848, 
do 

Carpenter 
:venue pur- 


$15,056 83 
170 39 




Total of said funds paid by the administrator of M. 
deceased, - 


364,997 33 
358,726 76 


$15,227 22 


Total revenue received to August 12th/ 1848, 
Total revenue credit to same date, 




Balance due the treasury same date, 


13,910 86 
40,318 19 


$6,270 57 


Amount of specie received from administrator for r« 

poses, - 
Revenue received from 12th August to 30th Nov., 


1 — 


Total revenue, - 

Total revenue credits as per auditoi's receipts, - 


54,229 05 
44,015 24 




To balance in the treasury Nov. 30, 1848, 




$10,213 81 



A STATEMENT of monthly credits by auditor's receipts. 











...a 








Date. 


Auditor's receipts. 


Amount. 


1846. 
















December, 


By 


amount of auditor's receipt, 


- 


- 


$14,332 40 


1847. 
















January, 




do 




do 


- 


- 


8,102 11 


February, 




do 




do 


- 


- 


10,549 20 


March, 




do 




do 


- 


- 


24,064 36 


April, 




do 




do 


- 


- 


14,162 35 


May, 




do 




do 


- 


- 


12,990 74 


June, 




do 




do 


- 


- 


57,586 64 


July, 




do 




do 


- 


- 


20,824 33 


August, 




do 




do 


- 


- 


16,061 34 


September, 




do 




do 


- 


- 


3,036 00 


October, 




do 




do 


- 


- 


8,548 10 


November, 




do 




do 


- 


- 


6,124 19 


December, 




do 




do 


- 


- 


5,845 66 


1818. 
















January, 




do 




do 


- 


- 


9,561 59 


February, 




do 




do 


- 


- 


7,964 80 


March, 




do 




do 


» 


- 


6,754 45 


April, 




do 




do 


- 


- 


24,079 46 


May, 




do 




do 


. 


- 


14,466 36 


June, July 


and to the 12th day of August inclusive, 
M. Carpenter total revenue Cr., 




" 


79,761 82 


344 815 90 


August, 


By 


amount of 


auditoi 


's receipt, 


- 




20,042 55 


September, 




do 




do 


- 


- 


13.960 03 


October, 




do 




do 


- 


- 


1,725 99 


November, 


do 
John Moore's 
Total revenue 


do 
total revenue Cr., 
credit, 


- 


- 


8,286 67 


44,015 24 


$388,831 14 



(xxn) 








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(xxiii) 



Insane hospital 
tax fund. 


i— o 'N — c; tc ro 

T S » O O O! 51 

"•o co in (— oo r— oo 
ci n to o i- co Q 

1 


CO 
00 

r- 

ro 
or? 


| 

a) 

1-1 


$3,715 75 

3,256 67 

5,496 53 

8.481 30 

9 049 39 

9,308 62 

41,151 51 

18,587 99 

1,706 73 

2,053 08 

4,556 42 

3.765 89 

1,696 61 

5,961 24 

1.877 92 

3,466 75 

13,957 19 

15,156 86 

39,832 64 

13,532 85 




<N 

co" 

(N 
6» 


rt - 

tr - 

if u 


$3,583 33 

6,543 25 

19,628 27 

16,044 53 

13,706 92 

12,261 12 

57,844 97 

29,476 23 

6,000 02 

3,088 47 

8.568 31 

27,834 69 

2,874 88 

9,354 05 

2,752 34 

4,562 17 

22.401 43 

19,891 46 

67,968 87 

16,732 40 

749 18 

$356,670 19 


Distribution 
fund. 


OC. 

CO 

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Pre-emption 

on state 

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Commission- 
ers of sa- 
line land?. 


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60 


1 ° 


Date. 


S Ii s| > i^.lrJJ S 1 11 g-c £s £§" 

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r-. r-i -, J- 1 





(xxiv) 



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INDEX. 



A. 



Abstract of number of children, to be 
furnished by township treasurer 
of schools - - 168 

Actions, at law, accruing out of this state, 

law of limitation of amended 132 
on mortgage for seminary school 

fund loaned, - - 167 

fnay be maintained interest only, 
on school fund loaned - 168 

Acts, former, in relation to schools to 

continue in force - - 178 

Acts of legislature, how bound - 106 

private, number to be printed - 106 

in relation to schools, repealed - 179 

Adams, Augustus. See Roads. 

Ailministrator of Milton Carpenter, act 

for relief of - - 117 

Administrators permitted to resign - 100 
Ad quod damnum, writ of, to be sued out 

in certain cases - - 136 

Advertisement, of properly for non-pay- 

• merit of taxes - - 122 

of purchaser of land at sale for 
non-payment of taxes - 123 

Additional security may be required by 

school trustees - - 167 

Adjacent districts to receive children - 171 
Affidavit, to be !aken by directors of pl'k 

road company - - 138 

of purchaser of land at tax sales 
to be filed - - 123 

Agricultural companies, incorporation of 87 
Aci, to ei'ablisb and maintain common 

schools, in force - - 179 

to establish and maintain common 

schools, to be printed - 173 

to establish and mdintain common 
schools, to be distributed - 179 

Appropriations, general, for 1849-'50 
for legislature and public offi- 
cers - - - 27 
partial, for expense of general as- 
sembly - - - 27 



Appropriations, supplemental, for ex- 
pense of general assembly - 2? 
foroidinary and contingent expen- 
ses of government - - 29 
to pay expenses of committee of 

legislature - - 31 

to compensate Mason Brayman - 31 
to Johnson & Bradford - 32 

to pay tor distributing journals 

constitutional convention, &c. 32 
to pay exppn^es of Hancock war 33 
to pay Harman G. Reynolds - 34 
to amend act to pay expenses of 

Hancock war - - 35 

to pay J R. Parker and others in 

Hancock war - - 35 

to compensate Porter Sargeant for 

powder for Hancock war - 36 

to refund certain money to John 

Pierson - - - 36 

to payS. M. Tinsley & Co., for 

lease Northern Cross Railroad 36 
to refund certain money to Morgan 

county - - - 37 

to pay Babhit & Haywood for 

printing tax list. - - 37 

to pay S A. Buckmaster certain 

money - - - 37 

for Illinois institution for the blind 41 
to pay expenses of refunding state 

debt • - - 71 

for deaf and dumb asylum - 93 

to purchase land for deaf and dumb 

asylum - - - 94 

to build workshops for deaf and 

dumb asylum - - 94 

to enlarge buildings of deaf and 

dumb asylum - - 94 

to purchase books of N. H. Purple 94 
for difficulties in Massac county 117 
to increase state law iibiaiy - 98 

for completion of state-house - 184 
Arms, state, bonds given for annulled - 115 
to be surrendered up to state - 115 



{xxvi) 



INDEX. 



Arms, state, governor to appoint agent 

to receive - - - 115 

Articles to be subscribed in formation 

of plank road company - 138 

Assessor, to administer oath in certain 

cases ... 128 

penalty of, for refusing to adminis- 
ter o"ath - - - 128 
duty of, in case persons refuse to 

furnish list of taxable property 128 
to give ceitilicate to owners of 

property assessed - - 128 

county treasurer to be ex officio - 127 
oath of, form of - - 127 

Assessment of taxes of 1849, collection of 126 
Assessor to return tax list to clerk - 124 
Assessors, duty of - - - 121 

Assessment declared valid - - 121 

Assessment when to be completed - 121 

Assignees, of Bank of Illinois, to have 

extended time for liquidation - 38 
to have power to sue - - 39 

suits, how maintained by - 39 

Assessment, of taxes in St. Clair county 

legalised - - ' - 186 

of property in Madison county le- 
galised - - - 187 
Asylum, for deaf and dumb, act in rela- 
tion to - - - 93 
term of trustees of, defined - 93 
governorto appoint trustees - 93 
name of institution - - 93 
persons to be received - 93 
appropriations for - - 94 
Attorneys, to have private access to pris- 
oners - - - 99 
exceptions of, in actions of eject- 
ment provided for - - 132 
Auditor of public accounts, to furnish tax 

sale recorils - - 37 

to cause transcripts to be made - 38 
to pay brigade majors - - 41 

incidental expenses of office of, 77 
to issue warrants to N. H. Purple 

for books - - 91 

to issue patent for certain pre- 
emptions - - * 103 
to issue warrant for improvement 

on public buildings - - 104 

to make out report fifteen days 
before sitting of legislature and 
furnish copy to printer - 105 

may remit interest on revenue to 

collectors in certain cases - 121 
duty if collectors bond not re- 
ceived - - - 122 
to procure list of taxable lands 

from land offices - - 123 

to pay four cents per tract ror lists 123 
to transmit to county clerks annu- 
ally, lists of taxable lands - 124 
to have land records compared 

with government entries - 127 

to enter lists and correct errors - 127 



Auditor of public accounts, compensa- 
tion lor comparing lists, &.c. - 127 

duty of, in case of lands not tax- 
able - - - 127 

to furnish clerks ot county courts 
books of forms - • 128 

to furnish clerks of county courts 
copy of law - - 128 

to send sheriff list of sums due on 
forfeited property - - 129 

to forward blank form of lists of 
forfeited property to clerk - 129 

deeds made by declared good and 
valid - - - 129 

deeds made by under chapter 89, 
revised statutes, prima fucie evi- 
dence - . - 130 

duty of, in relation to school lands 
sold - - - 160 

to issue patent for school land - 160 

to issue duplicate patents for 
school land - - 160 

to issue warrant for amount due 
on school fund - - 176 

to ascertain number of children 
entitled to benefit of school 
fund - - - 176 

Auditor's warrants, collector may pay 
school money in, in certain 
cases ... 176 



B. 



Babbit, Haywood &Fulmer. See Appro • 
priations. 

Baldridge, James. See Roads. 

Ballot, voting by, act to provide for. 

See Elections - - 71 

officers of plank road company 
elected by - - 144 

Bank of Illinois, time extended to - 38 

assignees, power to sue - • 39 

Barnes, Eli, commissioner of roads, time 

extended to - - 150 

Barrow, James, to locate state 
road ... 150 

Beakley, Samuel M., act for relief of - 113 

Bartlett, Augustus. See Roads. 

Bechtal, Isaac, official acts legalised - 100 

Ben net, P. B. See Roads. 

Blind, institution for, established. See 
Illinois institution for educa- 
tion of the blind. 

Binding, public, to be given to lowest 

'bidder - - - 97 

acts of legislature how executed 106 

Book compile^ by Jud°:e Purple, act in 

relation to same legalised - 94 

Books, to be kept by plank road compa- 
ny - " - ' • 139 
of plank road company to be evi- 
dence - - - 139 

Boards of trade, how incorporated - 42 



INDEX. 



(xxvn) 



PAGE. 


PAGE. 


Bonds, Illinois, school fund to be invest- 




Carrollton. road from 


146 


ed in - 


70 


Caiter, John Spe Roads. 




McAllister & Stebbins, act for fi- 




Certificate, to be granted to owner of 




nal settlement of 


46 


land not taxable 


127 


act fixing character of certain 


46 


assessor to give certificate to own- 




for state arms annulled 


115 


ers of property assessed 


128 


of collector, to be filed and recor- 




of consuls to acknowledgment 




ded 


121 


of deeds, prima facie evi- 




Bond, of collector, to be mailed to audi- 




dence 


133 


tor - 


121 


of sale of school lands to pur- 




to be given by superintendant of 




chaser 


159 


improvements on Wabash river 


135 


duplicate to be issued to purcha- 




to be taken by trustees of schools, 




ser 


160 


of treasurer &e. 


163 


of school directors of amount due 




Board of reviewers of roads, duty &c. - 


149 


teachers and form 


170 


Bonds, Illinois, time extended for refund- 




Chambers of commerce incorporated - 


42 


ing ... 


70 


Chancery, cases in, oral testimony to 




appropriation for expense of re- 




be received in 


133 


funding - 


71 


Chaplain, for penitentiary, governor to 




Bonham, D. M. See Roads 




appoint 


102 


Bradford & Johnson, appropriation for - 


32 


duty of - - 


102 


Bradford, J. S., appropriation for 


32 


compensation of - 


102 


Brass, John, act for relief of - 


lit 


Children, abstract of to be made by trea- 




Brayman, Mason. See Appropiiations 


31 


surer of schools 


168 


Bradley, William, to locate state road - 


150 


list of to be furnished treasurer by 




Bridge, Thos. Keys and others authorised 




school director 


171 


to build --- 


147 


Childs. Henry. See Roads. 




Brigade majors, pay of - 


41 


Chicago, firemen of, exempt from road 




Brockman, T. S. See Appropriations - 


35 


tax 


84 


Brooks, G. W. S^e Roads. 




Chinnowoith, William See Roads. 




Buckmaster, S. A. See Appropriations 


37 


Cities and towns. See Towns and Cities 




Brown, Isaac, commissioner to locate 




Circuit court, clerk of, vacancy in 


*77 


state road in Perry county 


151 


clerk of to be recorder 


72 


Buildings, public, act in relation to 


104 


clerk of, duty to be transferred to 




duty of commissioners of 


104 


county clerk 


125 


Bureau county to transcribe records of 




clerk o(, fees of - 


78 


Putnam - 


109 


in first circuit, time of holding - 


57 


By-laws to regulate schools, trustees to 




in third circuit, time of holding - 


59 


adopt ... 


164 


in four:h circuit, time of hold- 








ing 


59 






in eighth circuit, time of hold- 




c. 




ing 
in eleventh circuit, time of hold- 


60 


Canal, officers of, to administer oaths 


46 


ing 


61 


act authorising use of ground bor- 




jurisdiction of in revenue cases - 


126 


dering upon 


46 


duty of judge in case of excep- 




Calhoun county, road through portion of 146 


tions of counsel in ejectment - 


132 


Canal, fund, bonds chargeable to 


45 


Cities and towns, rate oi taxation in, for 




officers of, to administer oaths 


46 


school purposes 


177 


grounds bo- derinsr upon, to be used 


46 


Clay county, vote for distribution of 




slips on lateral, to be use. I 


46 


school fund in 


153 


serin to be paid to George Steel 


85 


Clark, Jonathan G , commissioners to 




indebtedness, governor to issue to 




locate state road in Perry coun- 




James H Collins 


85 


ty 


151 


indebtedness, governor to issue to 




Clark county, a^t to change county seat 




Hugh T. Dickey - 


85 


of - 


53 


lands, pre-emption of granted 


102 


Clark county, road through portion of - 


146 


scrip lost by A. J. Douglass pro- 




Clinton county, toll bridge authorised to 




vided for 


119 


• be built in - 


147 


Ber.j. Newell authorised to con- 




Clergy of Springfield. See Appropria- 




struct 


133 


tions. 


28 


Carpenter, Milton, act for relief of ad- 




Clerk of supreme court, fees of 


77 


ministrator of - 


117 







(xsvm) 



INDEX. 



Clerk of circuit court, vacancy in office 

of - - 72 

to be recorder - - 64 

duty of, in relation to revenue, 
transferred to clerk county 
commissioners' - - 125 

fees of - 78 

Clerics of county court. See County 

Courts. 
Clerk of election, duty of - - 74 

Collectors on canal, to administer oaths 46 
Collectors of Gallatin and Saline coun- 
ties, act for relief - - 115 
duties of - - 115 
Commissioners' court, county, town 

form - - 65 

Commissioners to locate state road, du- 
ty of. See Roads. 
Common schools. See Schools, Common. 
Commissioners to lay out public roads. 

See Roads Public. 
Commissioner to transcribe records for 

Schuyler county. - - 108 

to be appointed in case of dama- 
ges by plank road companies - 141 
Companies for agricultural, manufactur- 
ing and other purposes, incoi- 
poration of - - 87 

for improvement of Rock river, 
how formed - - 136 

Constables and justices of the peace, 

act for election of - - 62 

Consuls to take acknowledgment of 

deeds in certain cases - 131 

acts of in acknowledging deeds 

declared valid - - 131 

ceitilicate of acknowledgment of, 
prima facie evidence - 132 

Completion of state-house, act and ap- 
propriation for - - 184 
Constitution of Illinois - 3 
schedule of - - 24 
provisions for carrying fifteenth 

ai tide of into effect - 71 

dividend of, payment upon public 
debt, how made - - 71 

Commissions, secretary of state to pay 

foi printing of - 1*3 

to receive fee for - - 183 

Clerk of board of school directors. See 

Schools. Common. 
Clerk of Mercer and Rock Island coun- 
ties, duties of - 229 
College and seminary portion of school 

lund provided for - - 176 

Collector to collect revenue heretofore 

forfeited to state - - 129 

Collector of county to pay over school 

money - - 176 

Collector of county to deliver bond to 

county court - - 122 

to sell properly for non-payment 
of taxes » - 122 



112 
69 
69 
69 
70 



85 
112 



Collector of county, time, place, and 

manner of sale - - 122 

to file list of delinquent lands and 

town lots - - 124 

form of list of delinquent lands 

by - - 124 

to make affidavit and form - 124 

to give notice to tax payers - 126 

to distiain personal property - 126 
to collect two mill tax - 126 

to attend to receive taxes - 126 

duty of, in relation to road tax - 152 
Contested elections, in case of judges - 72 
Conveyances, revised statutes concern- 
ing amended - - 131 
Cost not to be paid in school causes if 

lost - . 179 

Cook county, act for relief of late as- 
sessor of 
Cook county court, act in relation to ' ■ 
election ol officers of - 
lees ol officers of 
power of officers of 
Commissioners to locate state roads 
See Roads, 
duty of * - 148 

to take oath - _ 149 

compensation - _ 149 

Collins, James H., canal indebtedness to 

be issued to 
Cormack, Isaiah, act for relief of 
Corporations, chambers of commerce 

and boards of trade 
Compensation, of commissioners to lo 
cate state road 
school officers 
Common of Prairie Du Pont, act rela 

ting to - . 152 

Common schools. See Schools, Common. 
Common school fund. See Schools, 

Common. 
Copying laws and journals, proposals to 

be received for 
Copying laws and journals, acts of le- 
gislature 
Commissioners, to locate state road in 
Jackson and Randolph coun- 
ties 
act to give further time to make 

report 
lo locate road in Perry and Ran- 
dolph counties - «. 151 
duty of - - 151 
to make plat - - 151 
Commissioners, county school. See 

Schools, Common. 
Counties bordering on Ohio river, ju- 

risdiction of over said river - 134 
County officers, election of - 65 

County recorder, clerk of circuit court 

to be - 64 

County of Gallatin, assessment in le- 
galised r - 115 



- 42 

149 

177 



96 
96 

150 
150 



INDEX. 



(xxix) 



Counties, of Gallatin and Saline act for 

relief of collectors of - 115 

of Gallatin and Saline, duty of 
collectors of - - 115 

County, of Gallatin, act for relief oflate 

collector of - - 114 

of Cook, act for relief of late as- 
sessor of - - 112 

seat of Clark, act to change - 53 

seat of Cumberland, relocated - 50 

of Henry, addition from Stark - 55 

of Hancock, act to remove coun- 
ty seat - - 56 

of Lawrence and Richland, act 
concerning - - 53 

clerk of Lawrence, act in relation 
to - - 52 

of Jackson, act for relief of se- 
curities of late sheriff of - 117 

of Mercer, portion attached to 
Rock. Island - - 51 

of Rock Island, portion attached 
from Mercer - - 51 

of Richland and Lawrence, act 
concerning - - 53 

of Rock Island, to tax John Wil- 
son fur ferry - - 1 1 1 

Stark, additions from Henry - 55 

of Washington, act for relief of 
securities of late sheriff of - 116 

to be furnished with tax sale re- 
cords - - 37 

of Massac, appropriations for dif- 
ficulties in - 117 

Macoupin, acts of recorder legal- 
ised - - 107 

to pay expenses of indigent pris- 
oners in county jail - 119 

Pike, act for relief of late coun- 
ty commissioners of - - 121 

collectors bond. See Public Rev- 
enue. 

treasurer to demand collector's 
bond for auditor - - 122 

clerk, duty of in relation to assess- 
ment of property and penalty - 121 

court, jurisdiction of in suits 
brought by collector - 122 

treasurer to be ex officio asses- 
sor - - 127 

seat of Tazewell relocated - 47 

court, to render judgment for 
non-payment of tuxes - 122 

court. See Court, County. 

Lawrence, m.iy vote for improve- 
ment of Wabash river - 134 

superintendent of schools. See 
Schools, Common. 

collectors, to pay over school mo- 
ney . . 176 

eourt, to pay superintendant of 
schools - . 178 

•f Mercer, suits changed from 
to Rock Island - - 229 



County judge, election 

term of - 

oath of office of 

compensation of - 

to hold court 

vacancy in office of - 

seat of Whiteside, permanently lo- 
cated 
County commissioners' court, how form- 
ed - 
County courts, acl establishing, &c. See 

Courts, County 
Courts, time of holding supreme court - 

books for use of supreme 

supreme rooms, act in relation 
to - 

time of holding, in first judicial 
circuit 

time of holding, in third circuit 

time of holding, in fourth judicial 
circuit 

time of holding, in eighth judicial 
circuit 

act to establish the eleventh judi- 
cial circuit 
Court, county, act establishing 

county, act supplementary tc 

county, clerk of - 

election of 

vacancy in - - 

pro tem. 

penalty of, for neglect of duty - 

power and jurisdiction of 

time of holding 

judge of - 

power and duty of judge 

judge and justices to form 

commissioners', how formed 

when holden 

powders and duties 

of Schuyler, to appoint com- 
missioners to transcribe re- 
cords 

commissioners of Bureau county, 
to employ person to transcribe 
records of Putnam county 

commissioners of St. Clair county 
to cause records to be tran- 
scribed 

jurisdiction of, in suits by collec- 
tors 

to render judgment upon land for 
non-payment of taxes 

act requiring notice from clerk of, 
in certain cases, repealed 

clerk of, duty in relation to assess- 
ment of property 

to render judgment for non-pay- 
ment of taxes 
clerk of, to deliver books to col- 
lector 
clerk of, to deliver assessment list 
of taxable land 
I 



(xxx) 



INDEX. 



Court county, clerk of, not to make 

new list of taxable land - 124 

clerk of, to add to former list - 124 

clerk of, to perform former duties 
of circuit clerk - - 125 

clerk of, transmit to auditor tran- 
script of sales - - 125 

clerk of, form of transcript of 
sales - •■ 125 

clerk of, penalty of for failure 
to perform duty - - 126 

clerk of, jurisdiction of in cer- 
tain revenue cases - - 126 

clerk of, to furnish auditor with 
list of forfeited property - 128 

clerk of, to examine auditor's 
statement of sums due on for- 
feited property - - 129 

cleric of, to enter up on record 
sums due on forfeited property - 129 

clerk of, to certify to statement of 
list of forfeited property - 129 

duty of, in case of forfeited pro- 
perty not taxable - - 130 

clerk of, to furnish assessor with 
list of forfeited lands - 130 

clerk of, to furnish collector with 
list of forfeited lands - 129 

of Lawrence, to assess tax, if 
majority vote for it - - 134 

of Lawrence, to appoint superin- 
. tendant for improvement of Wa- 
bash river - - 135 

of Lawrence, to order work on im- 
provement of Wabash river - 135 

of Lawrence, to issue county or- 
ders for improvement of Wa- 
bash river - - 135 

of Lawrence, clerk of, to keep 
account of expenditures for im- 
provement of Wabash river - 135 

plank road company, to apply to 
in certain cases - - 140 

duty in case of damages by plank 
road companies - - 141 

Cook, act in relation to - 69 

Cook, election of officers, fees, 
&e. - - 69 

Cook, powers of officers - 70 

judges of, to assess and determine 
damages by plank roads - 142 

commissioners, duty of, in relation 
to roads - - 150 

clerk of, duty in relation to road 
tax -• - 152 

clerk of, duty of in relation to 
sale of school lands - 160 

to pay county superintendant of 
schools - - 178 

Jo Daviess county, act in relation 
to - 67 

Covey, E. W., pre-emption granted to - 102 
Crane, W. T. See Roads. 
Crawford, H. P., act for relief of - 115 



Crouch, W. D. See Roads. 
Cumberland county, seat relocated - 50 

act for relief of securities of late 

collector - - 116 

act for distribution of school fund 

in - - 153 

Cunningham, M. See Roads. 
Cushman, Don Alonzo, act for relief of, 

and others - - 113 

Cushman, Alonzo R., act for relief of, 

and others - - 113 

Custody, persons in, to have interview 

with counsel - - 99 



D. 



Damages, assessment of, in formation of 

plank road companies - 141 

duty of commissioners to assess, 
in case of plank road compa- 
nies - - 141 
Dams, authority to construct on Rock 

river - - 136 

on Rock river, duty of owners of 136 
prerequisites to constructing on 

Rock river - - 136 

company for building on Rock 
river, ten persons may form - 136 
Deaf and dumb asylum, act in relation 

to - 93 

term of trustees of defined - 93 

trustees of, governor to appoint - 93 
name of institution declared - 93 
appropriation for - - 93 

inmates of, who to constitute - 93 
directors to pay debts of - 94 

appropriation to purchase land for 94 
appropriation to build buildings 

for - - 94 

Debt, public, act in relation to - 70 

Debts of plank road companies, amount 

to be contracted - - 144 

Decatur, county road to be located in 

portion of - 147 

Default in paying interest on school fund 

when due, penalty for - 168 

Deed, of land, purchased at tax sales, 

pierequisites - - 123 

Deed, of land to be made by auditor in 

certain cases - - 129 

of land, may in certain cases be 

proved before consuls - 131 

of land, proved before consuls de- 
clared valid - - 131 
Delinquent lands, to be sold - - 122 
collector to report list of, to clerk 124 
collector to make oath in relation 

to - 124 

form of collector's oath in relation 

to - - 124 

judgment upon - - 125 

form of order of court upon - 125 

order ot court upon to be signed 

by judge - - 125 



INDEX. 



(xsxi) 



Delinquent lands for 1848, and previous 

suits lor - - - 126 

Depositions and evidence, revised laws 

in relation lo amended - 133 

Depreciated funds of schools to be sold 178 
Detinue, law of limitation in certain 

cases of, amended - - 132 

De Kalb county, road through portion of 14(5 
Dexter, Stephen, pre-emption granted to 1U2 
Dickey, Hugti T., canal indebtedness to 

be issued to 85 

Directors, of penitentiary, duty of - 101 

, ol plank road company, duty of 139 
of schools, to be sued for neglect 

of duty - - - 169 

of schools. See Schools, Common 170 
Distribution, of laws and journals, pro- 
posals for to be received by sec- 
retary of state - - 96 
of school lund in certain counties 153 
of school, by trustees and manner 
of 162 
Districts school, trustees may form - 163 
trustees may alter - - 163 
to continue as formerly - 179 
Dividends of company for improvement 

of Rock river - - 137 

Dodge, Peter J. See Roads. 
Doolittle. See Roads. 

Douglass, A. J., act for relief of - 119 

Downing, Robert. See Roads. 
Duty, of collectors of road tax - 152 

of supervisors of roads - 152 

of auditor in relation to sale of 

school lands - - 160 

of county clerk in relation to sale 

of school lands - - 160 

of commissioner in relation to 

sale of school lands - 159 

of tiustees of schools to meet half 

yearly ... 162 
of trustees to distribute school 

fund - - - 162 

of township treasurer of schools 165 
of township treasurer of schools, 

additional - - 168 

of treasurer of schools, upon leav- 
ing office - - 169 
of school directors - - 170 



E. 



Easterley, John, commissioner of roads, 

time extended to - - 150 

Effingham county, act for distiibution of 

school fund in 153 

act to authorise sale of school 

lands in - - - 181 

Ejectment, revised statutes in relation to 

amended - - - 132 

exceptions to opinions of court, in 

cases of, provided for - 132 

Election, of certain officers, act in rela- 

tion to - - 69 



Election, voting by ballot provided for - 71 
of justices ol' the peace and con- 
stables - - - 62 
of judges of supreme court - 71 
of judges of circuit courts - 71 
in case of contested] for judges - 72 
returns of, forjudges of supreme 

and circuit courts - - 72 

returns of, for state officers - 72 

returns of clerks of circuit couits 72 
time of piesidential - - 71 

time of general - - 71 

time of, for governor and state of- 
ficers - - - 71 
time of, for members of congress 71 
qualification of voters at - 72 
illegal voting at, penalty for - 73 
form of vote at - - 73 
how vote received at - - 73 
ballot box to be used at - 73 
ballot box to be used at, how kept 73 
method of voting at - 74 
duty of clerks and judges at - 74 
manner of canvassing returns of 

&c. - - - 74 

qualification of voters at - 74 

mode of voting at - 74 

fraudulent votes at, how disposed 

of 74 

ce tificates of - - 74 

penalty for refusing votes at - 75 
of trustees of schools - - 161 

of trustees of schools, officers of 161 
of trustees of schools, mode of - 161 
of school directors, notice of - 169 
of school directors - - 170 

of officers Cook county court - 69 
Emmerson, Reuben, and securities, act 

for relief of - - 113 

Entry of record of sale of school lands 159 
Estrays, act in relation to notices - 76 

Estray notices, governor to designate pa- 
per - - - 76 
Evidence, contents of book compiled by 
N. H. Purple, declared to be le- 
gal - - 95 
see law in relation to " interest" 98 
revised law in relation to, amend- 
ed - - - 133 
debtor and creditor may give - 98 
of incorporation of plank road 
company - - 139 
Exceptions of counsel in actions of eject- 
ment provided for - - 132 
Executors permitted to resign - 100 
Execution, satisfaction of, in case of 

damages by plank roads - 145 

Existing org-anisation of school town- 
ships to be continued - 179 
school districts - - 179 
school laws to remain in force - 179 
Expenses of government. See Appropri- 
ations - - - 29 



(xxxn) 



INDEX. 



Expenses of state government, contin 

gent. See Appropriations - 29 
incidental - - - 76 



F. 



farrow, Stephen. See Roads. 
Fees and salaries, act defining and regu- 
lating - - - 76 
FeeSj of secretary of state - - 77 
of clerks supreme court - 77 
of cleric of circuit court - 78 
r>f clerks of county court - 79 
of state's attorneys - - 81 
of successful party at law - 81 
of sheriffs - - - 81 
of witnesses - - 83 
for publishing notice of purchaser 

of land at tax sales - 123 

for legal services in case of dama- 
ges by plank roads - - 145 
of secretary of state - - 183 
of officers of Cook county court 69 
Fences, act to protect live - - 84 
persons authorised to set live, on 
highway - - 84 
Ferguson, Duncan. See Roads. 
Ferry privileges extended to John Wil- 
son ... 114 
Firemen, of Chicago, exempt from street 

or road tax - - 84 

of Quincy and Peoria, exempt 

from jury duty - - 84 

of Quincy, exempt from road labor 84 
Form, of transcript of sales for taxes - 124 
of list of delinquent lands and 

town lots - - 123 

of oath of assessor - - 127 

of report of sale of school lands 159 
of record by township treasurer 

of schools - - 166 

of directors certificate to amount 

due teachers - - 171 

of mortgage taken upon loan of 

school fund - - 167 

of certificate for children to attend 

adjacent district - - 172 

ofteacher's schedule - - 174 

of teacher's certificate of attend- 
ance &c. - - - 175 
Forfeiture of corporate privileges by 

plank road company - 145 

Forfeited property, collection of reven- 
ue upon ... 128 
clerks county courts to transmit 
lists of to auditor, with aggre- 
gate amount of tax, &c, from 
1844 to 1819 - - 128 

auditor to send sheriff lists of a- 

mount due - - 128 

sheriff to lay list before county 

court - 128 

court to examine lists, and enter 
up order - - - 128 



Forfeited property, statements of how 

made - - - 129 

to be certified to by clerk and 

sent to auditor - - 129 

penalty of clerk for refusal - 129 

lands heretofore forfeited to state 

how disposed of - 129 

deeds made by auditor - 129 

county clerk to make list of, for 

assessor ... 130 
county clerk to make list of, for 
collector - - - 130 

Fowler, Phillip, official acts of legal- 
ized - - - 100 
Franklin, road from, to Jacksonville - 149 
Fuel for state, proposals to furnish to be 

received - - - 96 

Fulton county, road located in portion of 147 
Fund, canal, certain bonds chargeable to 45 
Fund, school. See Schools, Common 
Fund commissioner, act to pay K. A. 

Buckmaster for services as - 37 
Funds, depreciated, to be sold - 178 

G. 

Gallatin county, act for relief of late 

collector of - ■ - 114 

act for equitable distribution of 

school fund - - 180 

Getzler, A., act for relief of - - 112 

Gillespie, John, to locate state road - 150 

Governor, time of election of - 71 

authorised to invest school fund in 
state bonds - - 70 

to direct publication of estray no- 
tices - - - 76 

authorised to pay George Steel - <H5 

to issue canal indebtedness to Col- 
lins and Dickey - - 85 

to appoint chaplain for penitentia- 
ry 102 

may prepare his message and print 
before commencement of legis- 
lature ... ]0& 

to advertise Quincy House proper- 
ty - - - 107 

to receive bids for Quincy House 
property - 107 

to make deed of Quincy House 
property - - - 107 

to insure Quincy House property 107 

to appoint agent to receive state 
arms - 11& 

to pay A. J. Douglass for lost ca- 
nal scrip - - - 119 

to certify to amount due auditor 
for making land lists - 123- 

to certify to amount due auditor for 
correcting lists, &c. - - 127 

Greene county, road through portion of 146 
Guardians, permitted to resign - 100 



INDEX. 



(xxxm) 



H. 

Hall, John F.., late collector of Gallatin 

county, act for relief of 
Hammer D, See Roads. 
Hancock county, act for sale of school 

land in - 
Hancock, act to remove county seat 
Hancodc county, tax list of 1845. See 

Appropriations. 
Hancock war, to pay expenses of. See 
Appropriations 
officers in, rank, pay, &c. ' - 

powder furnished for, to pay P. 

Sargent - 
to pav Thos. H. Owen, expense 

of - 
to Thomas Wells, expense of 
Hardin, John J., act for relief of 
Hardin county, act to legalise election of 

school trustees in 
Heirs of Thomas Sconee, act for relief 

of 
Henry, John, act for relief of 
Henry, portion of added to Stark 
Hc-riek, Luther. See Roads. 
Hill, Robert, pre-empfion granted to 
Hogs, act to prevent running of, at large 
Hospital for insane, act in relation to 
Hotel, Qnincy. See Quincy House. 
Hour of sale of school land - 
House, Quincy, act for sale of 
to be advertised 
bids to be received 
pay for 
deed for 
insurance upon 
House, school, people to locate, cost of, 
&c. 
description of, how determined - 
furniture for, how procured 
Howe, John, official acts legalised 
Hydraulic power, act to increase on 

Rock river 
Hydraulic company, Rockford, to have 
privileges of act to improve 
Rock river 



111 



1S1 
56 

■ 37 

33 
33 

36 

118 
118 
115 

- 182 

116 

115 

55 

104 

184 
93 

159 

107 
107 
107 
107 
107 
107 

176 

176 
176 
100 

- 136 



- 138 



I. 



Improvement of Rock river, dams may 

be constructed - - 136 

dams, duty of owners of - 136 

duty of persons before building 
dams - - 136 

ten persons may form a company 
for building dams, &c, - 136 

company to be a body politic, 
powers, &c. - - 136 

company to appoint board of di- 
rectors, and powers of officers 137 

company to own water power cre- 
ated by dam - - 137 

company to hold annual meetings 137 



138 
134 

134 
134 

135 



135 

135 
135 



Improvement of Rock river, company, 

liability of 137 

company, dividends of - 137 

company , capital stock of - 137 

other companies may avail them- 
selves of this act 
Improvement of Wabash river, act for ■ 
voters of Lawrence county may 

vote tax lor 
rate of tax for 

superinteiuiant of, to be appoint- 
ed - - . . 
superintendant to cause survey - 135 
superintendant to report estimate 135 
county court, may order work 

done - 

county court may issue county or- 
ders - 
superintendant to give bond 
superintendant to keep correct 

account ... 135 
clerk county court to separate ac- 
count ... 135 
compensation of superintendant 135 
Incorporated companies to have advan- 
tages of act to improve Rock 
river ... 
Illinois, Bank of, time extended 
Illinois, constitution of 
Illinois, institution for blind established 
institution for blind, object of 
institution for blind, location of 
institution for blind, trustees of - 
institution for blind, powers of 

trustees of 
institution for blind, duties of 

trustees of 
institution for blind, persons to be 

admitted to 
institution for blind, officers of 

corporation 
institution for blind, tenure of 

trustees in office 
institution for blind, officers of 

school 
institution for blind, scholars of, 

privilpges, &c. 
institution for blind, tax levied for 
institution for blind, treasurer of 

to disburse money 
institution for blind, appropria- 
tion for 

institution forblind,tuition,rate of 41 
institution for blind, free pupils 41 
Illinois, hospital for insane, act in rela- 
tion to - - 
institution for education of deaf 

and dumb, act in relation to 
jurisdiction of over Ohio river - 
Incorporation, of boards of trade 
of institutions of learning 
of manufacturing, agricultural, 

and mechanical societies - 87 

of Insane Hospital, act in relation 
to - - - 93 



138 
38 
4 
39 
40 
40 
39 

39 

40 

40 

40 

40 

40 

40 
41 

41 

41 



93 

93 
134 

42 
86 



(xxxiv) 



INDEX. 



PAGE. 


PAGE. 


Incorporation, of institution for educa- 




Jefferson county, road located in portion 




tion of deaf and dumb, act in 




of 


147 


relation to — — 


93 


Job, Archibald, act for relief of - 


118 


of company for improvement of 




Jo Daviess county, act in relation to - 


67 


Ruck liver - — 


136 


Joint resolutions. See Resolutions. 




of compan}' for improvement of 




Johnson & Bradford. See Appropria- 




Rock river, officers of - 


137 


tions — — 


32 


of company for improvement of 




Juliet, lots in, vacated - — 


46 


Rock river, annual meeting of 


137 


Jones T. See Roads. 




of company for improvement of 




Judges, of election, duty of — 


74 


Rock river, liability of - 


137 


of supreme and circuit courts, 




of company lor improvement of 




election of — — 


71 


Rock river, capital stock of - 


137 


of county court in certain cases 


142 


Indebtedness of McAllister & Stebbins 


46 


Judgment, how rendered for non-pay- 




Indebtedness, certain internal improve- 




ment of taxes - - 


122 


ment, defined — — 


46 


Judicial circuits, firs', time of holding 




Indebtedness, state, school fund to be 




court - - 


57 


invested in — — 


70 


third, time of holding couit - 


59 


state, time extended for refunding 


70 


fourth, time of holding court — 


59 


state, appiopriatiou for expense of 




eighth, time of holding court — 


60 


refunding - - 


71 


eleventh, created — 


61 


state, dividends upon, under new 




Jurisdiction of Illinois over Ohio river 


134 


constitution - — 


71 


Jurisdiction of county court in suits 




state, to be received for Quincy 




brought by collector — 


122 


House — — 


107 


Jury to be had in assessing damages by 




Inhabitants, may petition for sale of 




plank roads - - 


142 


school lands — — 


157 


Jury, trial by, to be had without regard 




may substitute school commis- 




to amount in controversy - 


133 


sioner for trustee — 


161 


manner of summoning - 


133 


Inspectors, of plank roads — 


144 


Justices, of the peace and constables, 




of plank roads to take oath - 


144 


election of — - 


62 


of plank roads, to inspect roads - 


144 


acts of, in Stephenson county, le- 




of plank roads, compensation of 


144 


galised — — 


100 


Interest, act in relation to — 


9S 


to grant trial by jury regardless 




on money loaned — 


98 


of amount — - 


131 


upon school fund. See Schools, 




mode of summoning jury by - 


131 


Common. 




to collect fine for obstructing nav- 




state to pay upon school fund. 




igation of Saline river — 


133 


See Schools, Common. 




Justices, of supreme court, election ot 


71 


Insane Hospital, act in ielation to — 


93 


circuit courts, election, of - 


71 


tax for extended — — 


93 


circuit courts, duty of, in actions 




duty of trustees of - 


93 


of ejectment - - 


132 


Inspectors, on canal to administer oaths 


40 






of penitentiary, duty of - 


101 


K. 




Institutions of learning, incorporation of 


86 






Iroquois, county, tax to be levied in for 




Kankakee and Iroquois river, act for im- 




certain purposes - 


185 


provement of — — 


185 


river, act for improvement of - 


185 


Kellogg, Jesse, commissioner of road, 








time extended to — 


150 


J. 




Kentucky and Illinois to have concurrent 








jurisdiction over Ohio river - 


134 


Jacksonville, institution for blind loca- 




Keys, Thomas. See Roads. 




te d at - - 


40 






road from Franklin to — 


149 


L. 




Jackson county, act to locate state road 








in - - 


150 


Lake county, tax of legalised - 


186 


Jackson county, act for relief of securi- 




La Salle county, road located in portion 




ties of late sheriff of - 


117 


of 


147 


JaMison, Allen, See Roads. 




Lamb, D \V. See Fo ds. 




Jackson county, road through portion of 14R 


La Ma-ter, Hugh. See Roads 




Jailors, duty of in certain cases - 


99 


Land, delinquent. See Delinquent Land. 




to receive pay of county for board 




Land, when road vacated to revert to for- 




of indigent prisoners - 


119 


mer owner - - 


148 



INDEX. 



(xxxv) 



Lands, to be purchased by plank road 

companies — — 141 

owned by married women, in case* 
of plank roads — - 142 

Land, school. See Common Schools, 
school. See Schools, Common. 
Land, pre-emption granted certain, to 

Stephen Dexter - 102 

pre-emption granted certain, to 

E. W. Covey - - 102 

pre-emption granted certain, to 

Robert Stevens - 103 

pre-emption granted certain, to 

Christopher Yenum - 104 

pre-emption granted ceitain, to 

Robert Wilson - - 104 

pre-emption granted certain, to 
Robert Hill - - 104 

Lands, forieited, list of, how made - 129 
heretofore forfeited to state, how 
disposed of — — 129 

Laud, not taxable — - 127 

deed tor, may be made by auditor 129 
Lands, list of tax sales to be furnished 

counties — - 37 

forfeited. See Forfeited Property. 
Land, ceded to United States for light- 
houses - - 99 
failure to pay taxes upon to be 

sold - - 122 

du'y of purchaser of at tax sales 122 
sold for taxes, duty of purchaser 122 
minimum valuation of, repealed - 124 
delinquent. See Delinquent Land. 
Benj. Newell permitted to take for 
canal - - 133 

Lawrence, act in relation to clerk of - 52 
county may vote tax to improve 
Wabash river - - 134 

Lawrence and Richland, act concerning 53 
Laws and journals, act providing for 

copying, distributing, &c, &.c. 95 
Law, of 1827 in relation to estrays re- 
vived - — 75 
successful parties at, fees of - 81 
book compiled by Judge Purple 

declared to be - - 94' 

of real estate, in Illinois, compiled 
by Judge Purple, legalised - 95 
Law library, act to increase - 98 

Laws, special, of legislature, number to 

be printed - - 106 

Law of 1847, to suppress riots and regu- 
lating companies, continued in 
force - - 131 

Laws, revised of 1845. See Revised 

Laws of 1845 
Law, certain, of 1847, in relation to road 

and briiige, repealed - 147 

certain, of 1847, in relation to 
road, action under, legalised — 148 
Laws, school, former in force if not re- 

; .'.led - - 179 

school, former, repealed - i79 

school, to be printed - 179 



Laws, school, to be distributed - 179 

La Salle county to pay over portion of 

school fund — _ 180 

Learning, institutions of, incorporation of 86 
Lease of school lands and lots by trus- 
tees authorised _ J82 
Lee county, road located in portion of - 147 
Liability, of stockholders of plank road 

company - _ 144 

of plank road companies - 144 

of school officers _ ]7$ 

of school officers, to be indicted 

for embezzlement - 17'g 

of school trustees - J78 

of school officers, real estate - 178 
List of school lands to be filed by audi- 
tor - _ 160 
Livingston county, act to legalise elec- 
tion of school trustees in - 183 
Legal notice, act m relation to - ]<J2 
ot sale of property for non-pay- 
ment of taxes - _ 122 
Legislature, pay of metnbeis of - 7(j 
pay of officers of _ 76 
Liberty, personal, act to secure - 99 
Library law, act to increase - 98 
Light houses,land ceded to United States 

for - - 99 

Limitations, revised law in relation to, 

amended - _ 132. 

Lists, of taxable land to be furnished by 

auditor — — 123 

of taxable land to be retumed to 

clerk by assessor — 124 

of taxable land, clerks not to make 

full - - 124 

of taxable land, clerks to add to 

former - _ 124 

of taxable land, form of —124 

of delinquent lands, assessor to 

make - - |24 

of forfeited property. See For- 

fpited Property, 
of forfeited land. See Forfeited 
Property. 
Loan of school fund. See Schools, Com- 
mon. 
Location of certain roads. See Roads, 

Public. 
Logan county, road through —146 

Lot, for school house, how selected - 171 
for school house, how selected — 176 
Lynn, William. See Roads. 

M. 

MaFon county, road through - 146 

Macoupin county, acts of recorder of, 

legalised - - 107 

Mayo, E. L. See Roads. 
Majors, brigade, pay of — — 41 

Madison, Wisconsin, road locate to, from 

Ottawa - - 150 

Madison county, assessment of property 

in, lege. Used - - 187 



(xxxvi) 



INDEX. 



Madison county, authorised to levy spe- 
cial tax, or to loan money — 187 
Manner of bringing suit for unpaid inter- 
est upon school tund - 168 
Manufacturing companies, incorporation 

of - _ - 87 

Marion county, road located in portion 

of ' - - 147 

Marshall, S. S , act for relief of, and oth- 
ers — - 117 
Marshall county, to receive portion of 

school fund - - 180 

Massac county, appropriation for expen- 
ses of ditliculuesin — 117 
Ma*heney, Benj. See Roads 
McAllister & Stebbins, bonds of - 43 
McClellan, Lewiston. Spp Roads. 
McElhanon, act lor relief of securities 

of - - 116 

McLemore, J. W. See Roads. 
Mcllenry county, road through portion 

of - - 146 

McNamara, M. Fee Appropriations - 28 
Meeting, may be called for people to 
vote for or against tax for school 
purposes — — 177 

of trustees of schools - 162 

of people, to vote for or against 

tax for school purposes - 177 

of people, to vote for or against tax 
tor school, organisation of — 177 
Menard countv, road located in portion 

of " - - 147 

Mercer county, road located in portion 

of - - 147 

Monmouth, road located from - 147 

Morgan county. See Appropriations - 37 
Mercer county, venue of suits changed 

from — — 229 

Mortgage for school fund loaned. See 
Schools, Common. - 

Moultrie county, road to be located in 

portion of - - 147 

Members of congress, time of election 

of - - 71 

Money paid for taxes may be refunded 

by county court — 130 

Morgan county, road through portion of 146 

N. 

Name and style of township trustees of 

schools - - 160 

Navigation, of Saline river, act concern- 
ing - — 133 
of S.iline river, penalty for ob- 
structing — — 133 
slack water, authority to produce 
on Rock river — — 136 

Newell, Benj., authorised to construct 

canal - - 133 

Nelson, R. See Roads. 

Nelms, William. See Roads. 

Newspaper, collector's notice to delin- 
quent tax payers in - 122 



Newspaper, purchaser of land at tax sales 

to publish notice in - 123 

collector to publish notice to tax 
payers — 126 

Newton, Henry, act forrelief of — -115 

Nilson, John, pre-emption granted to - 103 
Nilson, Robert, pre-emption granted to 104 
Non-residence, how proved in case of 

damages by plank roads — 143 

Notice, in certain suits at law, act in re- 
lation to - - 102 
for sale of delinquent lands and 

town lots - - 122 

of collector, for sale for non-pay- 
ment of tixes - - 122 
to be served by purchaser of land 

at tax sales - - 123 

to be given by collectors to tax 

payers - — 126 

for formation of plank road com- 
pany - - 138 
to be given by .directors of plank 

road company - - 140 

to be given by plank road compa- 
ny - - 141 
in case of non-resident lands used 

by plank road companies — 143 

for sale of school lands - 158 

of election of trustees of schools 161 

for election of school directors - 169 

Nye, John P. See Appropriations - 35 

d. 

Oath, to be taken by assessor of county, 

form of - - 127 

to be administered by assessor in 

certain cases — - 128 

to be taken by person refusing to 
make tax list - - 128 

Officers, certain act in relation to elec- 
tion of - - 64 
in Hancock war, list of, rank &c. 33 
in Hancock war, pay, additional 

of - - 33 

in Hancock war, time of service 33 
of canal, to administer oaths - 46 
military, pay of - - 41 

county, election of - 65 

to permit prisoners and attorneys 

to hold consultation - 99 

act in relation to certain — 100 

act authorising the resignation of 

certain - — 100 

certain, act for relief of - 119 

to receive. pay for board of indi- 
gent prisoners - — 119 
of company, to improve Rock riv- 
er, powers, liabilities, &c. - 137 
of plank road company, penalty 

of J39 

of election of trustees of schools 161 

Ohio river, jurisdiction of Illinois over 134 

Orchards not to be injured by plank road 

companies - 



- 141 



INDEX. 



( XXXVII ] 



Oral testimony may be received in all 

cases in chancery - 133 

Ottawa, state road located from - 150 

Owens, Thomas H., act for relief of 118 

Owen, Johnson M., act for relief of - 112 
Owners, of lands not taxable, remedy 

for - - 127 

of forfeited lands, may redeem - 130 



Parker, J. 11. See Appropriations - 35 
Party, successful at law, fees of - 81 

to Have jury before magistrate in 

all cases when desired — 131 

in suits in chancery, may intro- 
duce oral testimony — 133 
in case for damages by plank road 
company - 141, 145 
Pate, Alonzo, act for relief of securities 

of - - 111 

Patent for school land to be issued by 

auditor - - 160 

Pay, of members of legislature — 76 

of officers of legislature - 76 

of treasurer, to be regulated by 
trustees of schools - 178 

Pekin, road from - - 146 

Penalty of school director for neglecting 
his duty. See Schools, Com- 
mon. 
Penitentiary, act for improvement of - 101 
directors of, to purchase lots for 101 
directors of, to sell lots — 101 

directors of, to contract for build- 
ing walls, &c. - - 141 
committee of, compensation for - 31 
lease of, extended — 101 
duty of inspectors - 102 
governor to appoint chaplain for 102 
Perjury, false oath of purchaser of pro- 

peity at tax sale, declared to be 123 
Peoria, firemen of, exempt from jury du- 
ty - - 84 
Peru, road located from - - 147 
Pearson, John. See Appropriations — 36 
Personal liberty, act to secure - 99 
Personal property, shares of plank road 

company to be - - 139 

Personal property, to be distrained for 

taxes - - 126 

Perry county, road located in portion of 147 
Persons, ten may form company for im- 
provement of Rock river — 136 
Petition, plank road company may, for 

land for road - - 142 

for sale of school land — 157 

for sale of school land, how to be 
signed - - 158 

Pike county, act for relief of late county 

commissioners of - 121 

Plank roads. See Roads, Plank. 
Plat, commissioners to locate state roads, 

to make - - 149 



Plats, to be made by commissioners state 
road Jackson and Randolph, 
counties — _ 

to be made by commissioners of 
state road, to be evidence — 
Porter, Henry. See Roads 
Powder furnished by P. Sargent, appro- 
priation for — — 
Powers, of trustees of schools - 
of trustees of schools and of their 
successors — - 
of trustees of schools, in settling 
judgments, demands, &c, — 
Power, hydraulic, act to increase in Rock 
river - _ 
Pineo, W. See Roads. 
Place of sale of school lands - 155 
Porter, Solomon. See Roads. 
Postage of state officers, how paid - 
Powers of school directors - 
Prairie Du Pont, act concerning - 
Practice act, amendment of - 
in courts, in actions of ejectment, 
amended - - 
in receiving evidence in chancery, 
amended - _ 
Pre-emptions, act granting certain — 
act granting to certain persons - 
Preston, William, official acts legalised 
Prisoners, to consult with attorney - 
board of, while in confinement 
provided lor - _ 
Printing, public, act concerning _ 
to be advertised for by secretary 
of state - - 
proposals for to be received — 
contract for - _ 
time of performing — 
failure to perform — 
how paid for — — 
Printing, secretary of state to pay for 
portion of — — 
Printing, public, act in relation to - 
Printer, public, to print leports of state 
officers, when — — 
Private sale, school lands at - 
Probate justices of the peace, acts of 
Stephenson county legalised - 
Proceedings in sale of school lands — 
Property, to be sold for non-payment of 
taxes - - 
purchaser of, sold for taxes, duty 

of 

personal, to be distrained for taxes 

Proposals, for copvinglaw^ and journals, 

to be advertised for - 

for copying laws and journals, to 

be received by secretary of state 

for copying laws and journals, to 

be opened by secretarv of state 

for copying acts of legislature, to 

be received — — 

for distributing laws, &c, to be 

received - - 



(xxxvm) 



INDEX. 



Proposals, for furnishing fuel to state, to 

be received - - 96 

for furnishing stationery for use 

of legislature, to be received - 97 
for public binding, to be received 97 
duty of secretary of state in case 
proposals not complied with - 97 
Public buldings, act in relation to - J04 

duty of commissioners of - 104 

Public debt, act in relation to - 70 

time extended for refunding of - 71 
appropriation for expense of re- 
funding of - - 71 
dividends upon, under new consti- 
tution - - - 71 
Public printer, to print reports of state 

officers - - - 106 

Public printing, act in relation to - 104 

secretary of state to advertise for 104 
secretary of state to receive pro- 
posals for - 104 
secretary of state to contract for 105 
time of performing - - 105 
failure to perform - - 105 
how paid for - - 106 
Public revenue, act to amend the several 

acts concerning - - 121 

assessment of 1S48 declared valid 121 
auditor may remit interest to col- 
lectors in certain cases - 121 
duty of assessors for 1849 - 121 
returns of assessment to be made 

by first Monday in September - 121 
penalty for failure to make return 

in time ... j o I 
clerks to deliver books to asses- 
sors, and penalty for failure - 121 
collector of, to present bond to 

county court - - 122 

collector of, bond to be sent to au- 
ditor - - - 122 
duty of auditor in case collector's 

bond not received - - 122 

treasurer to send bond to auditor 

in certain case - - 122 

jurisdiction of county courts in 

suits brought by collector - 122 
duty of collector in case of fail- 
ure to pay taxes - - 122 
property to be advertised and sold 122 
mode, time, and place of sale of 

delinquents' property - 122 

purchaser of land at tax sales, du- 
ty of - - - 122 
part of former act in relation to, 

repealed - - - 123 

auditor to obtain and furnish list 
of lands sold by United States 
land offices - - 123 

auditor to send county clerks list 

of taxable lands - - 124 

section 10, chapter89, revenue law 
of revised statutes, and other 
laws, repealed - - 124 



Public revenue, clerks not to make lull 

lists of lands - - 124 

clerk to add to old list of lands - 124 
assessor to retum lists of lands to 

clerks - - - 124 

collector to file list of delinquent 

lands with clerk - - 124 

form of lists of lands, repoited by 
collector - - 124 

delinquent lands, duty of collec- 
tor - - - 124 

delinquent lands, oath of collec- 
tor - 124 

delinquent lands, judgment of 
couit - - - 125 

delinquent lands, form of judg- 
ment - - - 125 

delinquent lands, foim of order of 
court ... 125 

delinquent lands, judgment to be 
signed by judge - - 125 

duties formerly devolving upon 
circuit cl«-rk to be performed by 
cour.ty clerk - - 125 

cleric of county court to send au- 
ditor transcript ot sales and 
form - - - 125 

penalty of clerk for failure - 126 

suits for taxes of 1848 and former 
years, where brought - 126 

collector to notify tax payers of 
time of receiving taxes - 126 

collector to attend in each pre- 
cinct to collect taxes - 126 

collector may destrain personal 
property for taxes - 126 

two mill tax to be assessed and 
collected - - - 126 

treasurer to be ex officio assessor - 127 

assessor to take oath, and form of 
oath - - - 127 

duty of auditor, and compensation 127 

lands not taxable, auditor to give 
certificate - 127 

assessor to give certificate - 128 

auditor to furnish form - 128 

duty of assessor - - 128 

assessor to administer oath to tax 
payer ... 128 

former act repealed - - 128 

assessment of taxes for 1848 and 
previous - 126 

assessment of taxes for 1849 - 126 

penalty of assessor for refusing to 
administer oath - - 128 

Publication, of notice for non-payment 

of taxes - - - 122 

of notice by purchaser of land at 
tax sales - 123 

Purple, N. H., book compiled by, pur- 
chased by state - - 94 

contents of book compiled by, de- 
clared legal evidence - 94 
Purchaser, at sale of school land,duty of 159 



INDEX. 



(xxxix) 



Q. 



Qualification, of school teacher - 156 

of trustees of schools - 161 

cf teacher when examined by 

township officers - - 164 
teacher mast have certificate of 174 
Quincy, firemen of, exempt fiotn jury du- 
ty - - - 84 
firemen of, exempt from road la- 
bor - - - 84 
Quincy House propeity, act for sale of - 107 
to be auveitised - - 107 
proposals to br received - 107 
governor to mcke deed - 107 
insurance upon - - 107 

R. 

Resolutions, for improvement of Mis- 
sissippi river at Des Moines 
rapids - - - 233 

asking grant of lands to aid in con- 
struction of certain railroads - 133 

joint, on subject of postage - 234 

joint, on subject of slavery - 234 

joint, for grant of lands for rail- 
roads ... 235 

joint, on pre-emption rights - 235 

joint, in regard to improvement of 
Mississippi, Ohio, and Illinois 
rivers ... 235 

joint, in relation to marine hospit- 
al at Rock Island - - 235 

joint, in relation to re-location of 
school land - - 236 

joint, for presentation of swords 236 

joint, relating to transportation of 
persons of color - - 237 

joint, in relation to postage - 237 

joint, relative to construction of a 
dyke opposite St. Louis - 238 

joint, relative to granting bounty 
lands to soldiers in the last war 
with Great Britain - - 240 

Railroad, Northern Cross, Tinsley, lease 

of, adjusted - - 36 

Randolph count v, act to locate state road 

in 150 

Rate of taxation allowed to be voted for 

school purposes - - 177 

Real estate, laws of Illinois concerning, 

purchased by state - - 94 

trustees of schools may purchase 
and hold - 165 

of school officers liable - 178 

Recorder, clerk of circuit court to be - 64,, 

fees of. See fees of clerk of cir- 
cuit court. 

of Macoupin county, acts legalis- 
ed - - - 107 
Records, tax sale to be furnished - 37 

tax sale, declared to he book of - 37 
Records, certain, act for transcribing - 108 



Records, Schuyler county, to transcribe 108 
of Putnam, to be transcribed by 

Bureau - - - 109 

St. Clair county, to transcribe - ] 1U 
of taxabl > lands, to be compared 
by auditor - - 127 

Reese, E. G., commissioner to locate state 

road in Perry counly - 151 

Regulating companies and riots, law to 

suppress continued in force - J31 
Relief, of securities of Alonzo Pate - 111 
of John Brass - - 1 11 

of Johnson F. Owen - - 112 

of Isaiah McCormack - - 112 

of A. Getzler, late assessor of 

Cook county - - 112 

of Reuben Emerson and securities 113 
of Don Alonzo Cushman, S. M. 

Beakley and A. R. Cushman 113 
of John E. Hall, collector of GaJ- 

1 itin county - -114 

of John Wilson - - 114 

of collectors of Gallatin and Sa- 
line counties - - 115 
of securities of John J. Hardin 

and John Henry - - 115 

of securities of John H. McEl- 

hanon ... i|6 

of Thomas Sconce's heirs, and 

others - - - 116 

of securities of James Willis, late 

sheriff of Jackson county - 117 
of M Brayman, administrator of 

Milton Carpenter .. 117 

ofS. S. Maishall, and others - 317 
of William Welch - - 118 

of Archibald Job - - 118 

of Thomas H. Owen and Thom- 
as Wells - - - 118 
of certain officers therein named ] 19 
of A. J. Douglass - - 119 
of Tweed ami Freeman - 120 
of Matthew Stokes - - 121 
of J. Woolsey and others, late 
county commissioners oi' Pike 
county ... 191 
of Henry Newton and W. B. 

Crawford, and securities - 115 

of certain persons therein named 121 
Repealing clause of portion of former 

revenue law - - 128 

Replevin, act concerning, amended - 102 

law of limitation in certain cases 
of, amended - - 132 

R ports of state officers to be furnished 
and printed before legislature 
assembles - 106 

Report, of road commissioner in I>e to 
be filed by county commission- 
ers ' - - . J48 
of sale of school lands - ]5p, 
Reviewers of roads, board to be appoint- 
ed, dutv - 143 
Revenue, public". See Public Revenue. 



(XI.) 



INDEX. 



Revenue, collection of, on forfeited pro- 
perty. See Forfeited Property. 
Revised laws of 1845, practice act of, 
amended 
part of revenue law of, repealed - 
section 10, chapter 89, repealed - 
section lb', chapter 89, assessor re- 
quired to comply with, 
portion of, concerning; revenue, 

amended 
deeds made by auditor under chap- 
ter 89 of, declared good 
deeds made by auditor under chap- 
ter 89, prima facie evidence 
chapter 59, amended - 
chapter 24, entitled 'conveyances.' 

amended 
chapter 66, entitled 'limitations,' 

amended 
chapter 36, entitled 'ejectment,' 

amended - 
chapter 40, entitled 'evidence,' 
amended - 
Reynolds, Harman G., appropriation for, 

compensation to - 
Rice, Erastus. See Roads. 
Richland and Lawrence counties, act 

concerning 
River, Saline, act declaring navigable - 
Saline, penalty for obstiucting - 
Ohio, jurisdiction of Illinois over 
Wabash. See Improvement of 

Wabash River. 
Rock. See Improvement of Rock 
River. 
Riots, law to suppress, continued in 

force - 

Right of way, granted to Benj. Newell 
for canal 
of plank road company 
Rivers, Kankakee and Iroquois, act for 

improvement of - 
Robinson, James M. See Roads. 
Rock Island county to tax John Wilson 

tor ferry - 
Rock river. See Improvement of Rock 

River. 
Rodgers, James J., official acts of legal- 
ised - 
Rockford Hydraulic and Manufacturing 
company to have privileges of 
act to improve Rock river 
Route of plank roads to be same as sur- 
veyed - - - 
Road tax, act regulating collection of - 
Roads, state, from Pekin, Tazewell co., 
to Decatur, in Macon county - 
from Carrol Iton, Greene county, 

to Columbiana 

from Columbiana, Greene county, 

to Hamburg, Calhoun county - 

from Sycamore, DeKalb county, to 

Marengo, in Mc Henry county - 

from Waverly, in IVl organ county, 

to point near Miller's Ferry 



10-2 
12-1 
124 

128 

121 

129 

13() 
131 

131 

132 

132 

133 
34 



53 

133 
133 
134 



13! 

133 
140 

185 
114 

100 

114 

141 

152 

146 
146 
146 

146 
146 



Roads, state, from Newton, Jasper coun- 
ty, to Martinsville, Clark coun- 
ty - - 147 
from Sullivan, Moultrie county, to 

Decatur, Macon county - 147 

from Walnut Hill, Marion county, 

to Okaw Bottom - - 147 

from Petersburg, Menard county, 

to Lewiston, Fulton county - 147 
from Marion, Williamson county, 

to Pinckneyville, Peny county 147 
from Peru, La Salle county, to 

Knox Grove, Lee county - 147 

from Monmouth, Warren county, 

to Keithsbuig, Mercer county - 147 
from Sycamore, DeKalb county, 
to Marengo, in McHenry coun- 
ty - - - 147 
from a point between Elgin and 
Sycamore, to point between El- 
gin and Des Plaines river - 148 
from Knox's Grove to Peru - 148 
in Lee county, act of 1847 exten- 
ded - - - 148 
act of March, 1847, extended - 148 
duty of board of commissioners 

of 148 

duty of board of commissioners of 

in Randolph and Perry - 148 

certain, vaca'ed - - 148 

lands of former, restored to owner 149 
plat of, to be made by commis- 
sioners - 149 
compensation of commissioners 

of 149 

duty of county court in relation 

to - - - 149 

commissioners to be sworn b3' jus- 
tices of peace - - 149 
board of viewers of constituted - 149 
from Franklin to Jacksonville - 149 
act to locate road therein named - 150 
act giving fuither time to make 

report ... 150 

act to establish a certain, in Frank- 
lin county - - 150 
act to relocate part of Wabash and 

Shelbyville - - 151 

act regulating road tax - 152 

duty of collector of road tax - 152 
duty of supervisor of road tax - 152 
law to apply to 1849 - - 252 

clerk to make out list - - 152 

Roads, plank, act to provide for construc- 
tion of - - 138 
notice to be given to counties thro' 

which they pass - - 138 

amount of stock how takpn - 138 

directors of company to file affi- 
davit - - - 138 
evidence of incorporation of - 139 
duty of directors of company - 139 
company to keep office open and 

book of record - - 139 

books of company to be evidence 139 



INDEX. 



(XLl) 



Roads, plank, penalty of officers for neg- 
lect of duty - - 139 

shares of stock in to be personal 
property - - - 139 

notice o; payment of instalments 
to be given - - 140 

board of directors of company, 
how elected - - 140 

officers of company to be elected 
by ballot - - 140 

vacancy in board of directors, 
how filled - - 140 

right of way, company may pro- 
cure, and mode - - 140 

survey to be made by company - 140 

company to apply to county court 
for right of way - - 140 

company to give notice of applica- 
tion to county court - 141 

parties to appear upon applica- 
tion of company - - 141 

duty of county court - - 141 

court to appoint commissioners to 
adjudge damages - - 141 

commissioners selected by court 
to take oath - - 141 

commissioners selected by court, 
duty of - - - 141 

commissioners selected by court 
to assess damages - - 141 

commissioners selected by court 
to hear testimony - - 141 

companies not to injure orchards 
or obstruct streams - - 141 

companies to make road on route 
surveyed - - 141 

companies to purchase lands on 
petition - - 141 

duty of judge upon petition of 
compauy - - 142 

county court to assess damages - 142 

county court to hear testimony - 142 

county court, assessment of final 142 

trial may be had by jury - 142 

order of cases for trial upon court 
docket - - - 142 

lands owned by married women, 
minors, non-residents - 143 

lands owned by married women, 
and notice - - 143 

circuit court to assess damages and 
call jury - - 143 

company, duty of, to pay damages, 
fee. - - - 143 

non-residence, how may be pro- 
ven - - - 143 

non-residence, notice in case of - 143 

how constructed. 

county court to appoint inspectors 144 

inspectors to take oath - 144 

to be inspected - - 144 

compensation of inspectors - 144 

may erect toll gates and rates of 
toll - - - 144 

stockholders liable - - 144 



Roads, plank, debts of company not to 
exceed certain amount, and lia- 
bility - - - 144 
parties to suits and judgment and 

execution in suits - - 145 

execution, satisfaction of - 145 

fees of officers &.c. for services - 145 
taxation upon, to be as upon real 

estate ... 145 
company to expire if not in opera- 
tion in two years - - 155 
county court authorised to take 
stock ... 146 
Ruc.kel, D. E., appropriation for - 32 
Rush, Bradley, act for relief of - 75 

s. 

Saint Clair county, authorised to tran- 
scribe records - - 110 
assessment of tax in, legalised - 18b 
Salaries of state officers - - 76 
Sale, of Quincy House property, act for 107 
of school lands. See Schools, 

Common, 
of school lands. See Common 
Schools. 
Saline river, act declaring navigable - 133 
Saline county, act for equitable distribu- 
tion of school lund in - 180 
Sargeant P. See Appropriations - 36 
School fund, proportion of to be paid to 

other counties - - 153 

La Salle county to pay over - 180 

division of Gallatin and Saline 
counties - - 180 

School fund. See Schools, Common. 
Schedule, of constitution of Illinois - 24 
of teachers, directors limited in 

date of - - - 171 

teachers must keep, and form of - 174 
teacher to deliver direction, and 
time - - - 175 

Schools, common — act to establish and 

maintain - - ' - 153 

law to be printed - - 179 

trees upon land, penalty for injury 153 
law to be distributed - - 179 

trespassers, how prosecuted - 153 

acts under former law valid - 179 

fines, how appropriated - 153 

acts, former, repealed - - 179 

state supenntendant of - 154 

present districts continued - 179 

who shall be superintendant of - 154 
existing organisation of townships 

continued - 179 

duties of superintendant of - 154 

depreciated funds to be sold - 178 
clerk of board of directors to be 

appointed - - 17"2 

clerk of board of directors to 

keep record - - 172 

meeting of people to select lot - 176 
liability of officers of - - 178 



(xLIl) 



INDEX. 



Schools, common — school house lot,how 

selected - - 176 

school house, cost of, how deter- 
mined - - 176 
costs of suits of, not to be paid in 

certain cases - - 179 

taxation for school purposes, how 

voted - . 172 

taxation for school purposes, how 

collected - - 172 

taxation for school purposes, mode 

of enforcing collection of - 173 

taxation for school purposes, di- 
rectors to report amount - 173 
taxation for school purposes, form 

of report - - 173 

taxation for school purposes, peo- 
ple to vote for or againf - 177 
taxation for school purposes, may 

have called meetings to - 177 

taxation for school purposes, rate 

of, in towns, &c. - - 177 

lot for school house, how selec- 
ted - - 176 
meeting ofpeople to locate school 

house - - 176 

people may vote in locating school 

house lot - - 176 

act for distribution of fund in cer- 
tain counties - - 153 
commissioners of, duty of in Effig- 

ham and other counties - 153 

township defined - - 160 

School commissioners of counties — - 154 
election of ~ - - 154 

to file bond - 154 

form of bond - - 155 

contested election of - - 155 

vacancy - 155 

subject, to removal - - 155 

to provide books - - 155 

form of record - - 155 

to receive bond of totvn=hip treas- 
urer ... 156 
to deliver funds to township treas- 
urer - - - 159 
to apportion auditor's warrants - 156 
to loan county school fund - 156 
to be ex officio county superintend- 

ant - - - 156 

duty as county superintendant - 156 
to visit schools - - 156 

to examine teachers - - 159 

to «ive certificate to teachers - 156 
form ot certificate to teachers - 157 
to report to state superintendant - 157 
to deliver books, &c, to successor 157 
may loan county fund - 157 

compensation of - - 177 

county court to pay for service as 

superintendant - - 178 

to be indicted for embezzlement - 178 
to sell depreciated funds - 178 



School fund, — what shall consti - 

tute - - 175 

county not paying taxes, r.ot enti- 
tled to - - 175 
state to pay six per cent, interest 

upon - - 175 

college and seminary, how dis- 
posed of - - 176 
auditorto make dividend upon - 176 
county collector to pay to school 

commissioner - - 176 

commissioner to deliver to town- 
ship treasurer - - 156 
commissioner to loan county - 156 
commissioner to loan county - 157 
township trustees to attend to 

distribution of - - 162 

township officers to receive - 156 

township trustees to ascertain 

amount of - - 162 

manner of distribution of - 162 

township trustees to order collec- 
tion of - - 163 
township treasurer may loan - 166 
township treasurer to take mort- 
gage for - - 167 
township treasurer may sue for 

interest upon - - 168 

depreciated to be sold - 178 

commissioner of La Salle county 

to pay over - - 180 

act for equitable distribution of 
in Gallatin and Saline - 180 

School officers of township may ex- 
amine teachers and give certifi- 
cate - - 157 
township school officers to give 
bond and receive township 
funds - - 156 
officers of, compensation of - 177 
officers of, liabilities of - 178 
officers of, to be indicted for em- 
bezzlement - - 178 
officers of, real estate of, liable to 

school fund - - 178 

officers of, tenure of offices of - 179 
officers of, to sell depreciated 
funds - - 178 

School law, to be printed - - 179 

secretary of state to make index - 179 
secretary of state to distribute - 179 
Schools, com moja— township organisa- 
tion to be continued - 179 
districts to remain as under for- 
mer law - - 179 
acts under former law declared 

valid - - 179 

teachers, qualification of - 156 

examination of by county super- 
intendant - - 156 
examination of by township offi- 
cers - -157 
certificate to, form cf - 157 



INDEX. 



(xLIIl) 



School commissioners of counties — 
must have certificate of qualifi- 
cation - - 174 
to make schedule, and form - 174 
to certify to scholars' attendance 

&c. - - 175 

form of certificate - - 175 

to deliver schedule to directors 

and time - - 175 

to credit each scholar amount re- 
ceived - - 175 
School lands— defined - - 153 
business to be done where largest 

portion is situated - 153 

penalty fcr tresp .33 upon and 
mode of prosecution and 
appropriation of fines - 153 

lands, sale of, petition for sale 

&.c. - -7 

petition, how signed - 8 

to be divided and valued by trus- 
tees before sale - 8 
no tiact^sold to exceed eighty 

acres - - 8 

roads through, legal - 8 

terms of sale of - 8 

notice, place and time, of sale 

of - 8 

proceedings in sale of - 8 

purchaser of, entitled to loan of 

money - - 8 

hour of sale of - 9 

purchaser of, to secure purchase 

money - - 9 

or pay difference upon second 

sale *- - 9 

unsold, may be sold at private 

sale - 9 

unsold two years, to be revalued 
by trustees and sold by commis- 
sioner - 9 
sales of, to be entered by commis- 
sioner on book - - 9 
certificate to be given to purcha- 
ser of 9 
sale of, commissioner to report 

to county court - - 9 

form of report to count}' court - 9 
county court to examine report, 

and liability of court - 10 

sale of, to be reported to auditor 

by commissioner .- - 10 

sale of. and statement to be report- 
ed by county clerk - - 10 
patent for, to be issued by auditor 

to purchaser - - 10 

auditor to keep record of patents 

for - - 10 

"duplicate certificates and patents 

for, may be issued - - 10 

sale of, how to apply for - 157 

sale of, petition for - - 157 

petition for sale of, must be fifty 

inhabitants in section - J58 

how sold, valuation of &c. - 158 



School lands — subdivision of, roads 

through &c. - - 158 

terms of sale of, notice of sale - 158 
time and place of sale of - 158 

proceedings in sale of - 158 

purchaser at sale of, to have loan 

of money - - 158 

hour of sale of 159 

purchaser at sale of, to secure 

purchase money each day - 159 
if first purchaser fails to pay, to 

be resold - - 15 

if first purchaser fails to pay, 

liable for difference in price - 159 
not sold, to be sold at private 

sale - - 159 

unsold two years, to have new val • 

uation - - 159 

unsold, commissioner to sell un- 
der new valuation - - 159 
sales of, to be entered of record by 

commissioner - - 159 

sales of, certificate to be granted 

to purchaser - - 159 

sales of, commissioner to report 

to county co'Tt - - 160 

sales of, commissioner to report 

and form of repoit - - 160 

sales of, transcript of, commission- 
er to forward to auditor - 160 
sales of, statement of to be copied 

by clerk of county court. - 160 

sales of, patent to be issued by au- 
ditor to purchaser - - 160 
sales of, duplicate certificates and 

patents may be issued - 160 

sales of, per cent, allowed - 177 

act for sales of in Effingham coun- 
ty - - 181 
act for sale of in Hancock - 181 
School trustees of townships — three to be 

elected, name &x, - - 160 

powers of - - 161 

tenure of office of - - 161 

qualification - - 161 

election of - 161 

notice of election of - - 161 

election of may be adjourned - 161 
commission may be substituted 

for - - 161 

officers of election for - 161 

mode of election of - - 161 

voters at election for - -162 

in case cf tie at election for - 162 
poll-book, how disposed of - 162 

powers of, and their succesors - 162 
to meet half yearly - - 162 

duty of - - 162 

to ascertain amount of funds - 162 
to attend to distribution of funds - 162 
manner of distribution by - 162 

to order collection of fund - 163 

to ascertain amount of tax money 
raised - - 163 



(XLIV) 



INDEX. 



163 
163 
163 
164 
164 
164 



164 
164 
164 

165 

165 
165 

165 

178 
178 



School trustees of townships — to ascer- 
tain amount of taxes belonging 
t> districts 

to appoint treasurer of board 

to take bond and form of bond 
• may remove treasurer 

to be directors in certain cases - 

to form districts 
to provide for safe keeping funds 164 

to purchase and hold real estate - 164 

to adopt by-laws for regulating 
schools 

may alter school districts 

may examine teachers 

may give certificate to teacher 
and form 

powers of in satisfying judgments 
&c. 

powers of in settling debts &c. - 

may lease or sell land received for 
debt 

to regulate pay of tieasurer 

to be indicted for embezzlement - 

to be liable for securities taken - 178 
School townships — treasurer of duties 

of - - 165 

to keep record and form of record 166 

shall loan fund, interest, securities 
&c. 

to take mortgage, and form of 
mortgage 

to have mortgage acknowledged - 

action by, on mortgage 

may sue for interest only 

to demand twelve per cent, inter 
est &c 

manner of bringing suits by 

other duties of 

to furnish abstract of number of 
children 

to give notice for election of di- 
rectors 

penalty for failure to do his duty - 

to sue directors in certain cases - 

to be ex officio township superin- 
dant and duty 

duty of, upon leaving office 

compensation of 

trustees to regulate pay of 
School directors — election of 

trustees to be in certain cases 

powers of - - 

duty of - 

to certify amount due teacher and 
form 

limited as- to date of teacher's 
schedule 

penalty for failure to perform duty 171 
to select lot for school house - 171 

have power to send children to 
adjacent districts - - 171 

to give certificate for children to 
attend adjacent district and form 
of certificate - - 172 



- 166 



167 
167 
167 
168 

168 
168 
168 

168 

169 
169 
169 

169 
169 
177 
178 
170 
170 
170 
170 

170 

171 



School directors — to appoint a district 

clerk arid duty - - 172 

vacancy in board of directors - 172 
to report amount of tax, for what 

purpose &c - - 173 

to give certificate and form of 

same - - 173 

to be indicted for embezzlement - 178 
School land, roads located upon vacated 148 
School fund, governor to invest in Illinois 

bonds - - 70 

act for distribution of in Effing- 
ham, Clay, and Cumberland - 153 
School purposes, certain fines to be ap- 
propriated to - - 133 
School district formed from Prairie Du 

Pont - - 152', 

School commissioners, duty of in Clay, 

Cumberland, and Effingham - 153 
of La Salle county, to pay over 
fund - - 18 j 

School house lot, how selected - 17i I 

cost of, how determined - 176 I 

furniture for, how provided - 176 i 

Schuyler county authorised to transcribe 

certain records - - 109, 

Safford, Calvin. See Roads. 
States' attorneys, fees of - - 81 , 

State of Illinois, jurisdiction of, over 

Ohio river - - 134 

State arms, bonds for, annulled - 115 

to be surrendered to governor - 115 ' 
governor to appoint agent to re- 
ceive - - 115 t 
State Bank, paper of, belonging to school 

fund, to be sold - - 178 

State debt. See McAllister & Stebbins - 43 

act concerning - - 70 

State-house, act for completion of - 184 

appropriation for completion of - 1S4 

State indebtedness, to be received for 

Quincy House - - 10"i 

school fund, to be vested in - 70 
time extended for refunding - 7i 
appropriation for expense of re- 
funding - - 7l 
dividends upon, under new con- 
stitution - - 71 
State to pay six per cent, interest upon 

school fund - - 175 

State, lands forfeited to, how disposed 

of *• - - 129 

State officers, time of election of - 71 

election returns of - - 72 

salary of - - 76 

incidental expenses of - 17 

to lay vouchers before governor - 77 

to muke out reports, when • - 106 

State, property of at Quincy, to be sold - 107 

Statement of forfeited lands> &.c, how 

made - - 129 

Stationery for use of legislature, See 
state to advertise and receive 
proposals for furnishing - 97 



INDEX. 



(xlv) 



Statute revised. See Revised Laws of 

1845. 

Steel, Anthony. See Roads. 
Steel, George, act to authorise governor 

to pay - - 85 

Sutpliin, Charles H. See Roads. 
Swanwick, Joseph J. See Roads. 
Swine, net to prevent running at large - 184 
Sycamore, road from - - 146 

T. 

Tax, special, authorised to be levied in 

Madison county - - 187 

of Lake county, act to legalise - 186 
assessment of, in St. Clair county 

legalised - - 18o 

for insane hospital, extended - 93 
payers to take oath - - 128 

upon forfeited pioperty, clerk to 

furnish auditor with list of - 128 
for institution for blind - 41 

sale record, furnished certain 

counties by auditor - - 37 

road, act regulating collection 
of - - 152 

Taxes, proceedings upon failure to pay - 122 
property to be sold for - 222 

assessment of 121 

collection of - - 121 

delinquent, jurisdiction of county 

court - - 132 

duty of purchaser of property sold 

for - - 122 

deed for land sold for, prerequi- 
sites - - 123 
assessment for 1848 and previous 126 
assessment of, for 1849 - 126 
two mill, to be assessed and col- 
lected - - 126 
land forfeited for non-payment of. 

See Forfeited Propesty. 
Lawrence county may vote to im- 
prove Wabash river - 34 
upon shares of stock in plank road 

companies - - 145 

for school purposes, trustees to 

ascertain amount - - 163 

for school purposes belonging to 
school districts - - 163 

Taxation for school purposes. See 

Schools, Common. 
Tax to be levied in Iroquois county for 

certain purposes - - 185 

Tazewell, county seat relocated - 47 

county road through portion of - 146 
Teacher, school, qualification of - 156 

examination of by school commis- 
sioner - - 156 
examination of by township offi- 
cers - - 157 
certificate to and form of certifi- 
cate - - 157 



Teacher, may be examined by township 

officers - - 164 

qualification of - 165 

certificate of township officers to 

teacher and form - - 165 

to receive certificate of amount 

due from school directors - 171 

must have certificate of qualifica- 
tion - . 174 
must keep schedule and form of 

same - . ]"4 

to certify to scholars' attendance, 

&c. - - 175 

form of ceitificate - - 175 

to deliver schedule to directors 

and time - .. 175 

to credit each scholai amount re- 
ceived - - 174 
Telegraphs, act for establishment of - 188 
corporation, how formed - 188 
powers of company - - 188 
penalty for injury - - 189 
penalty for divulging secrets of - 189 
Township superintendant of schools. 

See Schools, Common. 
Township school to be continued - 179 

Tenure, official, of trustees of schools - 161 
of school officers - - 179 

Terms of sale of school land - 158 

Term of court, county, judgment to be 

rendered for taxes - - 122 

Testimony, oral, may be received in all 

cases in chancery - - 133 

Thompson, J. P. See Roads. 
Tinsley, S M. & Co. See Appropria- 
tions. 
Tolls, collectors of, on canal to adminis- 
ter oaths - - 36 
B. Newell permitted to charge on 
his canal - - 133 
Town lots, delinquent to be sold - 122 
Township, school defined - - 160 
trustees of schools. See Schools, 
Common. 
Toll gates to be erected by plank road 

companies, and rates - 144 

Tolls, Thomas Keys and others authori- 
sed to take - - 147 
Treasurer to make out report fifteen 
days before commencement of 
legislature and to furnish copy 
to printer - - 106 
of county, to be ex officio assessor 127 
of county, penalty for refusal to 

act as assessor - - 127 

of county, to keep his office at 

county seat - - 127 

of schools. See Schools, Com- 
mon. 
Trespass, law of limitation in certain 

cases cf, amended - - 133' 

Transcript of sale of school land to be 

sent to auditor - - 160 



(xLVl) 



INDEX. 



Trousdale, James W., acts of,as assessor 

of Gallatin county, legalised - 115 
Trover, law of limitation in certain ca- 
ses of, amended - - 132 
Trustees of Bank of Illinois, to maintain 

suits at law &c. - - 38 

to revive suits - - 38 

suits against may be revived - 38 
of schools. See Schools, Com- 
mon. 
Towns and cities, rate of taxation in, for 

school purposes - - 177 

persons committed to jail, to work 

on roads - - 224 

may declare what shall be a nui- 
sance - - 224 
to pave and grade streets &c. - 224 
same powers given to towns as 

to cities - - 224 

inhabitants of towns may form 

city - - 224 

powers and duties of - 225 

may purchase ground - 225 

taxes of &c. - 225 

Town of Waterloo, act to incorporate. - 226 
powers of - - 226 

qualification of trustees &c. - 226 
rules and regulations of boaid - 227 
lees of officers - - 227 

duty o! justices - -228 

town lots of, sold for taxes - 228 

special tax - - 228 

special meeting of trustees - 228 

vote to be taken - - 229 

Tucker, Alfred. See R >ads. 

u. 



Unsold s bon\ lands, to be revalued and 



- 159 



V. 



Vacancies, in office of judge of supreme 

court - - 72 

in olficeof judge of circuit court - 72 
in office of cleik of circuit court - 72 
in office of judge of county 

court - - 63 

in office of county court clerk - 64 
in office of county treasurer, if 

refuses to act as assessor •• 127 

in board of directors of plank 

road companies - - 140 

in office of trustees of schools, 

how filled - - 162 

Valuation, minimum of land, repealed - 124 

of school lands - - 158 

new of school land - - 159 

Vennum, C. C, pre-emption grant to - 104 



Venue of certain suits changed from 

Mercer to Rock Island county - 229 
Village of Prairie Du Pont, act con- 
cerning - - 152 
Voting by ballot, act providing for - 71 
Vote3, manner of canvassing, returning, 

and certifying - - 71 

Voters, qualification of - - 72 

Voting illegally, penalty for - 73 

Vote, form of - - 73 

Votes, ballot box for - - 73 

Voting, meihod of - - 74 

Votes, how canvassed - - 74 

fraudulent, how disposed of - 74 

penalty for r< fusing - 75 

Voters, for election of trustees of schools 162 

to select school house lot - 176 

to determine cost of school 

house - - 176 

to provide furniture for school 
house - - 176 

w 

Wabash river, act for improvement of. 
See improvement of Wabash 
river. 

Way, right of granted to Benj. Newell 

for canal. - 133 

Warren, Peter. See Appropriations. - 32 

Warren county, road located in portion 

of - - 147 

Washington county, act for relief secu- 
rities of late collector of - 116 

Water craft, act concerning, revised - 75 

Waterloo, town of, incorporated - 226 

town of. See town of Waterloo. 

Waverly, road from - - 146 

Warrants, auditor's, collector may pay 
school money in, in certain ca- 
s?s - - 176 

Weber, John B.,act releasing from fur- 
ther public duties - - 127 

Welch, William, act for relief of - 118 

Wells, Jos. B. See Appropriations. 

Wells, Thomas H, act for relief of - 118 

Whereit, Barton. See Roads. 

Whiteside county, seat permanently lo- 
cated. - - 48 

Wilcox, Elijah. See Roads. 

Wilson, John, act for relief of - 114 

Wilson, McClure. ^ee Roads. 

Willis, James, act for relief of securities of 117 

Williamson county, road located in 

portion of - - 147 

Witnesses, fees of - - 83 

Wood, Samuel. See Roads. 

Worthington, A. W. See Ronds. 

Writ of ad quod damnum to be sued out 

in certain ca es - - 136