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Full text of "Laws of the State of Illinois"




- 






WARD BROTHERS, I 

PUBLISHERS \\ 

BOOK BINDERS V 

Blank Book Makers \ 

JACKSONVILLE. ILL. 



DOCUMENTS COLL 
OONOTTAKEFROMTHiw. 



SHELVED IN LAW COLLECTION 



WESTERN ILLINOIS UNIVERSITY LIBRARY 

IPIIIII 

3 1711 00611 7589 



90V »UBa/tE3At •*? 

•J SPAR V 






GENEEAL LAWS 



OF THE 






STATE OF ILLINOIS 



PASSED BY THE 



EIGHTEENTH GENERAL ASSEMBLY, 



CONVENED JANUARY 3, 1853, 



SPRINGFIELD: 

LANPHIER & WALKER, PRINTERS. 
1853. 



Digitized by the Internet Archive 

in 2010 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1853illi 



LAWS OF 1853. 



AN ACT for the assessment of p-operty, and the collection of taxes, In in force Feb. 12, 
counties adopting the township organization law. 

Section 1. Be it enacted by the people of the state qf 
Illinois, represented in the General Assembly, That all 
property, whether real or personal, in this state; all ino-^!^^ 1 ,^ 61 
neys, credits, investments in bonds, stocks, joint-stock 
companies, or otherwise, of persons residing in this state, 
or used or controlled by persons residing in this state ; the 
property of corporations now existing or hereafter created, 
and the property of all banks, or banking companies, now 
existing, or hereafter createQ, and of all bankers and bro- 
kers, except such property as is hereinafter expressly ex- 
empted, shall be subject to taxation ; and such property, 
moneys, credits, investments in bonds, stocks, joint-stock 
companies, or otherwise, or the value thereof, shall be enter- 
ed on the list of taxable property, for that purpose, in the 
manner prescribed in this act. 

DEFINITIONS. 

§ 2. The terms "real property" and "land," wherever Beat property. 
used in this act, shall be held to mean and include not only 
the land itself, whether laid out in town lots or otherwise, 
with all things contained therein, but, also, all buildings, 
structures and improvements, and other fixtures, of what- 
soever kind, thereon, and all rights and privileges belong- 
ing or in any wise pertaining thereto. The term "invest- T , , . 

• i 1 ii i & • i i Investment* m 

ments in bonds, wherever used in this act, shall be held bono. 
to mean and include all moneys invested in bonds, of what- 
soever kind, whether issued by incorporated or unincor- 
porated companies, towns, cities, counties, states, or other 
corporations, or by the United States, held or controlled 
by persons residing in this state, whether for themselves, 
or as guardians, trustees or agents, on which the holder 
thereof is receiving or is entitled to receive interest. The 
term " investment in stocks," wherever used in this act, ^tocS?" 1 * 



1853. 



shall be held to mean and include all 'moneys invested in 
the public stocks of this or any other state, or of the Uni- 
ted States, or in any association, corporation, joint-stock 
company, or otherwise, the stock or capital of which is or 
may be divided into shares, which are transferable by the 
owner, without the consent of the other partners or stock- 
holders, for the taxation of which no spt cial provision is 
made by this act, held by persons residing in this state, 
either for themselves, or as guardians, trustees, or agents. 
The term "oath," wherever used in this act, shall be held 
to mean oath or affirmation. Every word in this act im- 
porting the masculine gender, may extend and be applied 
to females as well as males. The term, "personal prop- 
erty," wherever used in this act, shall be held to mean and 
include every tangible thing, being the subject of owner- 
ship, whether animate or inanimate, other than money, and 
not forming part or any parcel of real property, as herein- 
before defined. The capital stock, undivided profits, and 
all other means, not forming part of the capital stock of 
every company, whether incorporated or unincorporated, 
and every share, portion, or interest in such stock, profits, 
or means, by whatsoever name they may be designated, 
inclusive of every share or portion, right, or interest, either 
legal or equitable, in and to every ship, vessel, or boat, of 
whatsoever name or description, used or designed to be 
used, either exclusively or partially, in navigating any of 
the waters within or bordering on this state, whether such 
ship, vessel, or boat, shall be within the jurisdiction of this 
state, or elsewhere, and whether the same shall have been 
enrolled, registered or licensed at any collector's office, or 
within any county or collector's district in this state or 
not. The term "money" or "moneys," wherever used in 
this act, shall be held to mean gold and silver coin, and 
bank notes in actual possession, and every deposite which 
the person owning, holding in trust, or having the benefi- 
cial interest therein, is entitled to withdraw in money on 
demand. The term "credits," wherever used in this act, 
shall be held to mean and include every claim or demand 
for money, labor, or other valuable thing, due or to be- 
come due, or every annuity, or sum of money receivable 
at stated periods, and all money invested in property of 
any kind which is secured by deed, mortgage, or other- 
wise, which the person holding such deed, or mortgage, or 
evidence of claim, is bound by any lease, contract or 
agreement, to reconvey, release, or assign, upon the pay- 
ment of any specific sum or sums : Provided, that pensions 
receivable from the United States, or from any state, sala- 
ries or payments expected to be received for labor or ser- 
vices to be performed or rendered, shall not be held to be 
annuities within the meaning of this act. The term "prop- 



1853. 



prop- 



erty," wherever used in this act, shall be held to mean Term 
and include every tangible thins being the subject of ow- 
nership, whether animate or inanimate, real or personal. 

PROPERTY EXEMPT FROM TAXATION. 

§ 3. All property described in this section, to the ex- Exemption , 
tent herein limited, shall be exempt from taxation ; that is 
to sav — 

First. All lands donated for school purposes, and not sehoois, wnesw, 
sold or leased. All public school houses, and houses used e ' 
exclusively for public worship, the books and furniture 
therein, und the grounds attached to such building necessa- 
ry for the proper occupancy, use and enjoyment of the 
same, and not leased or otherwise used with a view to 
profit. All colleges, academies ; all endowments made for 
their support; all buildings .connected with the same, and 
all lands connected with institutions of learning, not used 
witli a view to profit. This provision shall not extend to 
leasehold estates of real property, held under the authority 
of any college or university of learning. 

Second. All lands used exclusively as grave-yards, or Burial. grounds, 
grounds for burying the dead. 

Third. Ail government lands belonging to the .United Government and 
States, and all property, whether real or personal, belong- swarnp 
ing to this state, and all the swamp and overflowed lands 
belonging to the several counties of this state, so long as the 
same may remain unsold by such counties. 

Fourth. All buildings belonging to counties, used for Comity property. 
holding courts, for jails, or for county offices, with the 
ground on which such buildings are erected, not exceeding 
in any county ten acres. 

Fijth. All lands, houses, and other buildings belonging Aims hocsee, 
to any county, town, or city, used exclusively for the ac- 
commodation or the support of the poor. 

Sixth. All buildings, with the furniture appertaining Buildings of char- 
thereto, belonging to institutions of purely public charity, [=^ lnst,tu " 
together with the lands actually occupied by such institu- 
tions, not leased or otherwise used with a view to profit ; 
and all moneys and credits appropriated solely to sustain- 
ing and belonging exclusively to such institutions. 

Seventh. All fire engines, and other implements used for Fire apparatus, 
the extinguishment of fires, with the buildings used exclu- 
sively for the safe keeping thereof, and for the meetings of 
fire companies, whether belonging to any town, or to any 
fire company organized therein. ,» 

Eighth. All market houses, public squares, or other VvhVlC ,.-„..„,;,. 
public grounds, used exclusively for public purposes ; and 
all works, machinery, and fixtures, belonging exclusively 
to any town or city, and used exclusively for conveying 
water to such town or city. 



1853. 6 

Ninth. No person shall be required to list a greater por- 
wsonai credits. ^ Qn f an y cref }its that he believes will be received or can 
be collected ; nor any greater portion of any obligation 
given to secure the payment of rent, than the amount that 
shall have accrued on the lease, and shall remain unpaid at 
the time of such listing No person shall be required to 
include in his statement, as a part of the personal property, 
moneys, credits, investments in bonds, stocks, joint-stock 
'jotatitockco's 1 Companies, or otherwise, which he is required to list, any 
share or portion of the capital stock or property of any 
company or corporation which is required to list or return 
its capital and property for taxation in this state, nor shall 
i: oei hips. any partner be required to list or return any property, li- 
ability or supposed balance of said partnership due him, 
the property, effects, and credits of said partnership being 
listed by any other partner. 

BY WHOM, WHERl, AND IN WHAT MANNER PROPERTY 
SHALL BE LISTED. 

§ 4. Every person of full age and sound mind, not a 
r, '.. " * married women, shall list the real property of which he is the 
owner, situate in the town or district in which he resides, the 
personal property of which he is the owner, all moneys in 
his possession, money loaned or invested, and all other 
property of which he is the owner; and he shall also list all 
moneys invested, loaned, or otherwise controlled by him, 
as the agent or attorney', or on account of any other person 
or persons, company or corporation whatsoever, and all 
moneys deposited, subject to his order, check or draft, and 
credits due from or owing by any person or persons, body- 
corporate or politic, whether in or out of such county. The 
property of every ward shall be listed by his guardian ; of 
every minor child, idiot or lunatic, having no other guar- 
dian, by his father, if living, if not, by his mother, if living. 
and if neither father nor mother be living, by the person 
having such property in charge; of every wife, by her hus- 
band, if of sound mind, if not, by herself; of every person 
for whose benefit property is held in trust, by the trustee; 
of the estate of a deceased person, by the executor or ad- 
ministrator; of corporations whose assets are in the bands 
of receivers, by such receivers; of every company, firm, 
body politic or corporate, by the president or principal ac- 
counting officer, partner, or agent thereof. Every person 
required to listproperty on behalf of others, by the provi- 
sions of this act, shall list it in the same county, town, or 
district in which he would be required to list it if such 
property were his own ; but he shall list it separately from 
his own, specifying in each case the name of the person, 
estate, company or corporation to whom it belongs. Real 



7 1853. 

property shall be listed in the county, town, or district 
where it belongs ; personal property, moneys, and credits, 
except such as is required to be Lsted otherwise, shall be 
listed in the county, town, or district where the owner re- 
sides ; the property of banks or bankers, brokers, stock- 
jobbers, insurance or other companies, merchants, and 
manufacturers, shall be listed in the county, town or dis- 
trict where their business is usually done: Provided, that inprovu. 
the counties of the Military Tract owners of real estate shall 
not be compelled to return the same if they desire it go to 
sale, and so inform the assessor. 

§ 5. Property held under a lease for a term exceeding Exempted prop- 
ten years, belonging to the state, or to any religious, sci- erl - vlea3 * J - 
entific or benevolent society or institution, whether incor- 
porated or unincorporated, and school and ministerial 
lands, shall be considered, for all purposes of taxation, as 
the property of the person so holding the same, and shall be 
listed as such, by such person, or his agent, as in other cases. 

§ 6. Each person required to list property, shall make certified state- 
out, sign and deliver to the assessor, when required, a cer- j£nai proper* 
tified statement of all the personal property, moneys, re ^ ,red - 
credits, investments in bonds, stocks, joint-stock compa- 
nies, or otherwise, in his possession, or under the control 
of such person, which he is required to list for taxation, 
either as owner or holder thereof, or as guardian, parent, 
husband, trustee, executor, administrator, receiver, ac- 
counting officer, partner, agent or factor. Personal pro- 
perty shall be listed with reference to the quantity on hand 
and owned on the first day of May in the year for which 
the property is required to be listed, including the proper- 
ty purchased on that day. 

§ 7. Such statement shall truly and distinctly set forth: what statement 

First. The number of horses, and the value thereof. sha " oontailK 

Second. The number of neat cattle, and the value thereof. 

Third. The number of mules and asses, and the value 
thereof. 

Fourth. The number of sheep, and the value thereof. 

Fifth. The number of hogs, and the value thereof. 

Sixth. Every carriage and wagon, of whatsoever kind, 
and the value thereof. 

Seventh. Every watch and clock, and the value thereof. 

Eighth. Every piano forte, and the value thereof. 

JVinth. The value of the goods and merchandise which 
such person is required to list as a merchant. 

T tilth. The value of the property which such such per- 
son is required to list as a banker, broker or stock-jobber. 

Eleventh. The value of materials and manufactured arti- 
cles which such person is required to list as a manufacturer. 
Twelfth. The value of moneys and credits required to 
be listed. 



mem too low 
duty of asses 



1853. 8 

Thirteenth. The value of moneys invested in bonds, 
stocks, joint-stock companies, or otherwise, which such 
person is required to list. 

Fourteenth. The total value of all other personal proper- 
ty, including household furniture : Provided, that the value 
of such property shall be determined by the assessor. 
»tec w rraudu- § 8. If any person shall give a false and fraudulent list, 
teat statement. or shall refuse to deliver to the assessor, when called on 
for that purpose, a list of his or her taxable property, as 
required by law, the assessor, as a penalty therefor, shall 
assess the property of such person at double its value ; and 
if said assessor shall neglect or refuse so to do, he shall be 
liable in each case to a penalty of fifty dollars, to be recov- 
ered at the suit of any person who may sue for the same. 
§ 9. If the assessor believes that any property has been 
Chen ftsaws- valued at less than its true value, in accordance with the 
rules and customs of valuing property for taxation, he shall 
value and charge such property at its true value, and shall 
notify the person listing such property of such increased 
valuation. 

RULES FOR VALUING PROPERTY. 

§ 10. Each separate parcel of property shall be valued 
at its true value in money, excluding the value of crops 
growing thereon ; but the price for which such real prop- 
erty would sell at a forced sale shall not be taken as the 
criterion of such value. Each tract or lot of real property 
belonging to this state, or to any county, city, town, or 
charitable institution, whether incorporated or unincorpora- 
ted, and school or ministerial lands, held under lease for a 
term exceeding ten years, shall be valued at such price as 
the assessor believes could be obtained at private sale for 
such leasehold estate. Personal property of every des- 
cription shall be valued at the usual selling price of similar 
property at the time of listing, and in the county where the 
same may then be ; and if there be no usual selling price 
known to the person wdiose duty it shall be to fix a value 
thereon, then at such price as it is believed could be obtain- 
ed therefor in money at such time and place. Investments 
in bonds, stocks, joint-stock companies, or otherwise, shall 
be valued at the true value thereof in money. Money, 
whether in possession or on deposite, shall be entered in 
the statement at the full amount thereof: Provided, that 
depreciated bank notes shall be entered at their current 
value. Every credit for a sum certain, payable cither in 
money or property of any kind, shall be valued at the full 
price of the sum so payable ; if for a specific article, or for 
a specified number or quantity of any article or articles of 
property, or for a certain amount of labor done, or for ser- 



9 1853. 

vices of any kind rendered, it shall be valued at the current 
price of such property, or of such labor or service, at the 
place payable. Annuities, or moneys receivable at stated 
periods, shall be valued at the price which the person list- 
ing the same believes them to be worth in money. 

OF DEDUCTIONS MADE FROM MONEYS AND CREDITS. 

§ 11. In making up the amount of moneys and credits Deductione. 
which any person is required to list for himself, or any oth- 
er person, company or corporation, he shall be entitled to 
deduct from the gross amount of moneys and credits, the 
amount of all bona fide debts owing by such person, com- 
pany or corporation, to any other person, company, or cor- 
poration, for a consideration received ; but no acknowleog- 
ment of indebtedness not founded on actual consideration, 
believed when received to have been adequate, and no such 
acknowledgment made for the purpose of being so deduct- 
ed shall be considered a debt within the meaning of this 
section; and so much only of any liability, as surety for 
others, shall be deducted as the person making out the 
statement believes the surety is legally and equitably bound 
to pay, and so much onlj 7 as he believes such surety will 
be compelled to pay on account of the inability or insol- 
vency of the principal debtor; and if there are other sure- 
ties, who are able to contribute, then only so much as the 
surety in whose behalf the statement is made will be bound 
to contribute: Provided, that nothing in this section shall Banksexclndeti - 
be so construed as to apply to any bank, company or cor- 
poration exercising banking powers or privileges. 

§ 12. No person, company or corporation, shall be en- Further e*«ep- 
titled to any deduction on account of any bond, note, or 
obligation cf any kind, given to any mutual insurance com- 

f>any, nor on account of any unpaid subscription to any re- 
igious, literary, scientific, or charitable institution, or so- 
ciety ; nor on account of any subscription to or instalment 
payable on the capital stock of any company, whether in- 
corporated or unincorporated. 

OF LISTING AND VALUING THE PROPERTY OF MERCHANTS AND 
MANUFACTURERS, AND OF BANKERS, EXCHANGE BROKERS, 
AND STOCK-JOBBERS. 



§ 12. Every person that shall own, or have in his pos 
session, or subject to his control, any personal property JesidtntefuSS 
within this state, with authority to sell the same, which ^ ; n ££ ufacU 
shall have been purchased in or out of this state, with a 
view to being sold at an advanced price or profit, or which 
shall have been consigned to him from any place out of this 
state, for the purpose of being sold at any place within this 



1853. 10 

state, shall be held to be a merchant; and when he shall 
be by this act required to make out and deliver to the as- 
sessor a statement of his other personal property, he shall 
state the value of such property appertaining to his busi- 
ness as a merchant ; and in estimating the value thereof, he 
shall take as the criterion the average value of all such ar- 
ticles of personal property which he shall have had from 
time to time in his possession, or under his control, during 
the year next previous to the time of making such state- 
ment, if he shall have been so long engaged in business, and 
if not, then during such time as he shall have been so en- 
gaged; and the average shall be made up by taking the 
amount in value on hand, as nearly as may be, in each 
month of the next preceding year in which the person ma- 
king such statement shall have been in business, adding to- 
gether such amount, and dividing the aggregate amount 
thereof by the number of months that the person making 
the statement may have been in business during the prece- 
ding year : Provided, that no consignee shall be required 
to list for taxation the value of any property, the product 
of this state, which shall have been consigned to him for 
sale, or otherwise, from any place within the state, nor the 
value of any property consigned to him from any there 
place for the sole purpose of being stored or forwarded : 
Provided, he shall in either case have no interest in such 
property, or any profit to be derived from its sale ; and the 
word jierson, as used in this and the succeeding sections, 
shall be held to mean and include firm, company and incor- 
poration. 

§ 14. Every person who shall purchase, receive or hold 

are nianu- ^ *. r 1 • {■ c \\ r 

we™. personal property or any description, lor the purpose ot 
adding to the value thereof, by any process of manufactur- 
ing, refining, rectifying, or by the combination of different 
materials, with the view of making a gain or profit by so 
doing, shall be held to be a manufacturer ; and he shall, 
when he is required to make out and deliver to the asses- 
sor a statement of the amount of his other personal prop- 
erty subject to taxation, also include in his statement the 

stock Included in i j_-.ii • i i • xi v 

assessment. average value, estimated as provided in the preceding sec- 
tion, of all articles purchased or otherwise held for the 
purpose of being used, in whole or in part, in any process 
or operation of manufacturing, combining, rectifying, or 
refining, which from time to time he shall have had on 
hand during the year next previous to the time of making 
such statement, if he shall have been so long engaged in 
such manufacturing business, and if not, then during the 
n ducts of this time he shall have been so engaged : Provided, that from 
■tate excluded. the yalue of propcr ty, being the product of this state, the 
merchant or manufacturer listing the same shall be entitled 
to deduct the amount owing by him for such property, or 



MAnnfacturint; 



11 1853. 

for moneys invested therein: Jlnd provided further, that 
from the value of property, being the product or stock of 
this state, the farmer or dealer listing the same shall be 
entitled to deduct the amount owing by him for such pro- 
perty, or for moneys invested therein. 

§ 15. Every person owning a manufacturing estab- Macbinery to »• 
lishment of any kind, and e^-ery manufacturer, sliall list, as listed - 
a part of his manufacturer's stock, the value of all engines 
and machinery of every description, used or designed to be 
used in any process of refining or manufacturing, (except 
such fixtures as shall have been considered as part of any 
parcel or parcels of real property,) including all tools and 
implements of every kind, used or designed to be used for 
the aforesaid purposes. 

§ 16. Every person who shall have money employed in wbat constitutes 
the business of dealing in coin, notes, or bills of exchange, ^ er ba ^ r ' bT0 " 
or in the business of dealing in, or buying or selling any 
kind of bills of exchange, checks, drafts, bank notes, pro- 
missory notes, bonds, or other writing obligatory, or stocks 
of any kind or description whatsoever, shall be held to be 
a banker, broker or stock-jobber ; and he shall, when he is 
required to make out and deliver to the assessor a state- 
ment of the amount or value of his other personal property 
subject to taxation, also include in his statement the average 
value, estimated as provided in the thirteenth section of this 
act, of all moneys, notes, bills of exchange, bonds, stocks, torYtatemenTof 
or other property, appertaining to his business as a banker, ^/ sonal proper- 
broker, or stock-jobber, which he shall have had from time 
time in his possession, or under his control, during the year 
next previous to the time of making such statement, if he 
shall have been so long engaged in such business, and if 
not, then during the time he shall have been so engaged. 

§ 17. That when any person shall commence merchan- Merchants *> 
dising in any county after the first day of May in any year, report? 
the average value of whose personal property employed in 
merchandising shall not have been previously entered on 
the assessor's list for taxation in said county, said person 
shall report to the clerk of the county, who shall enter the 
same upon the tax list, the probable average value of the 
personal property by him intended to be employed in mer- 
chandising until the first of May thereafter, and shall pay 
to the collector of such county a sum which shall bear the 
same proportion to the levy for all purposes, on the average 
value so employed, as the time from the day on which he 
shall commence merchandising as aforesaid, to the first of 
May next succeeding, shall bear to one year : Provided, 
that if the person so listing his merchant's capital sliall pre- 
sent a bona fide receipt from the collector of any county 
in which such merchant's capital had been previously listed 
and taxed for the amount of the taxes assessed, and by him 



1853. 



paid on the same capital for the same year, then and in that 
case it shall be a receipt from paying taxes again on such 
capital: Provided farther, that if the tax list had been 
delivered to the collector before the receipt of such report, 
it shall be the duty of the clerk, within ten days after re- 
ceiving any such report, to charge the same to the collec- 
tor, and to notify such collector of the amount so charged, 
who shall collect and pay over said amount in like manner, 
as near as may be, as if it had been regularly entered on 
the tax list. 
Bankers and bro- § 18- That when any person shall commence or engage 
df^aueporu" * n tne business of dealing in stocks of any description, or in 
buying or selling any kind of bills of exchange, checks, 
drafts, bank notes, promissory notes, or other kind of wri- 
ting obligatory, as mentioned in the sixteenth section of this 
act, after the first day of May, in any year, the average 
value of whose personal property employed in such busi- 
ness shall not have been previously entered on the asses- 
sor's list for taxation in said county, such person shall re- 
port to the county clerk of the county the probable average 
value of the property by him intended to be employed in 
such business until the first day of May thereafter; which 
amount shall be entered on the tax list, and the taxes col- 
lected as in other cases. 

§ 19. That if any person shall commence or engage in 
the business of merchandising, banking, brokerage or stock- 
jobbing, and shall not within one month thereafter list his 
property as before required, he shall forfeit and pay, in ad- 
dition to the taxes authorized by law, a tax of two per cent, 
on the value of the personal property by him so employed, 
for the use of the county, to be charged and collected in 
like manner as other taxes ; said value to be ascertained, as 
near as may be, by the assessor, or if he has made return of 
the assessment list, then by the clerk. 



Penalty for far 
tire to report. 



OF LISTING AND VALUING THE PROPERTY OF BANKS AND 
BANKING COMPANIES, AND OTHER CORPORATIONS. 



Uaung of pro,,- § 20. It shall be the duty of the president and cashier 

«rtyof ''"nkn!; f ever y bank or banking company that shall have been or 

companies and J fn r J , 

•corporations, may be hereafter incorporated by the laws of this state, and 

having the right to issue bills for circulation as money, to 
make out and return to the bank commissioners, in the 
month of May annually, a written statement, containing the 
average amount of notes and bills discounted or purchased 
by such bank or banking company, which amount shall in- 
clude all the loans or discounts of such bank or banking 
company, whether originally made or renewed during the 
year next preceding the first of May aforesaid, or at any 
time previous, whether made on bills of exchange, notes, 



13 1853. 



bonds, mor gages, or any other evidence of indebtedness, at 
their actual value in money, whether due previous to du- 
ring,^ after the period aforesaid, and on which such bank or 
banking company has at any time reserved or received or 
is entitled to receive any profit or other consideration what- 
ever, either in the shape of interest, discount, exchange or 
otherwise Stocks deposited with the state treasurer shall 
be valued at the rate at which they are deposited. The 
bank commissioners shall proceed to ascertain the amount 
of the property valued in accordance with the provisions 
of this act, and make return thereof to the auditor, who 
•hail report the same to the clerk of the proper coimtv 
and said clerk shall enter the same on the tax list for taxa- 



tion 



A-l \ 7° * scertam the W»»t of the notes and bills -Votes «. „. 
discounted and purchased, and all other effects or dues of £=T' a 
every description, belonging to such bank or banking com- ="' "" 
pany, and liable to taxation, there shall be taken as a cri- 
tenon the average amount of the aforesaid items for each 
month during the year next previous to the time of making 
such statement, if such bank or banking company si al 
have been so long engaged in business, and if not, then du- 
ring such time as such bank or banking company shall have 
been engaged in business; and the average shall be made 
by adding together the amount so found belonging to such 
bank or banking company in each month said bank or bank- 

same bv P tir y ^T 1 S ^ ™ bUSinGSS ' and dividin § the 
same by the number of months said bank or banking com- 
pany was thus engaged in business. 
• § 22. The president, secretary, or principal account- other company 
mg officer of every railroad company, turnpike or plank toUrt ' 
road company insurance company, telegraph compandor 
other joint-stock company, except corporations whose tax- 
ation is specifically provided for by law, for whatever pur- 
pose they may have been created, whether incorporated by 
any law of this state or not, shall list for taxation, at its 
actual value, its real and personal property, moneys and 
credits within this state, in the manner following : 

oft L? eS t - etUrn ShaU bG ? ade t0 the aS8es ^ r of each a*™. 
of the respective counties where such property may be 
situated, together with a statement of the amounted 

Stlfer^ 11 " ~ ' -* C °^> ^ -*■ or 

The value of all moveable property shall be added to the « 
sationary and fixed property an'd real estate, and appor! ^ ™~ 
tioned to such wards, towns, cities, and counties, prorata, 
m proportion to the value of the real estate and fixed pro- 

«n% I? l!^ Wai ' d ' t0 ^ n ' dty ° r C0Unt > r ' The capital 
stock of bridge companies shall be assessed in the town 
where their principal office is located. 



1853. 



14 



Jn case of false 



If the county assessor to whom returns are made is of 
vacations.'" pj n j on that false or incorrect valuations have been made, 
or that the property of the corporation or association has 
not been listed at its true value, or that it has not been list- 
ed in the location where it properly belongs, or in cases 
where no return has been made to the county assessor, he 
is hereby required to proceed to have the same valued and 
assessed in the same manner as is prescribed in the several 
sections of this act regulating the duties of county asses- 
sors in cases of refusal or neglect to list property : Provi- 
ded, that every agency of an insurance company, incorpo- 
rated by the authority of any other state or government, 
shall return to the assessor of the county in which the of- 
fice or agency of such company may be kept, in the month 
of May/annually, the amount of the gross receipts of such 
agency, which shall be entered on the tax list of the pro- 
per county, and subject to the same rate of taxation for all 
purposes that other personal property is subject to at the 
place where located. 

ASSESSORS— THEIR DUTIES — WHEN PROPERTY TO BE ASSES- 
SED, &C 

§ 23. All property, except, real property, shall be as- 
^Toperiy. ses sed annually ; real property shall be assessed, as provi- 
ded for by this act, in the year 1853, and every two years 
thereafter, until otherwise provided for by law. 

§ 24. All lands and town lots owned by any person, 
'tandZSdUrti an ^ not situated in the town where such owner may reside, 
shall be taxed as non-resident, and assessed in the town 
where the same shall lie. 

§ 25. Every assessor, before he enters upon the duties 
A X sor ' 8 ° fflClal of his office, shall take and subscribe an oath that he will, 
according to the best of his judgment, skill and ability, dil- 
igently, faithfully and impartially, perform all the duties 
enjoined on him as such assessor. 

§ 26. If any person elected to the office of county trea- 

« ........ ^ . 1 T 11 i. „k„ll .,«rrlo/l 



Jf treasurer fails 



sors 

anc 

some 



to r «w"bo r nd W OT SU rer shall faif to give bond as collector, or shall neglect 

"^ ° at ' a ' or refuse to take an oath as required by this act, his 

office shall be considered vacant, and the board ofsupcrvi- 

rs shall be immediately called together by the county clerk, 

id shall forthwith fill such vacancy by the appointment of 

„j,ne suitable person, who shall qualify and discharge the 

duties of such treasurer and collector, in like manner as if 

he had been regularly elected to said office, until one is 

elected and qualified. 

^ 5 27 The assessor shall, between the first days ot May 

»«• and July, and after being furnished with the necessary 

blanks, proceed to take a list of the taxable property in Ins 

town, and assess the value thereof, in the manner lollow- 

ing, to wit : 



15 1853. 



owner t< 
or absent. 



He shall call at the office, place of doing business* or Mode 
residence of each person required by this act to list prop- mGnt 
erty, and shall require such person to make a correct state- 
ment of his taxable property, in accordance with the pro- 
visions of this act, and the assessor, or the person listing 
the property, shall enter a true and correct statement Of 
such property, and the value thereof, in a printed or writ- 
ten blank prepared for that purpose; which statement, 
after being filled out, shall be signed by the person listing 
the property, and delivered to the assessor. 

§ 28. If any person required by this act to list property Should 
shall be sick or absent when the assessor calls for a list of sick ° 
his property, the assessor shall leave at the office, usual 
place of residence or business of such person, a written or 
printed notice, requiring such person to make out and 
leave at the usual place of collecting taxes in that precinct, 
or at the office of said assessor, on or before some conve- 
nient day named therein, a statement of the property which 
he is required to list, and shall leave with such notice a 
printed or written blank for the statement required of such 
person. The date of leaving such notice, and the name of 
the person required to list the property, shall be carefully 
noted by the assessor in a book to be kept for that purpose ; 
and if any such person shall neglect or refuse to deliver the 
statement, properly made out and signed as required, the 
assessor shall make the assessment as required by this act. 

§ 29. Assessors and deputy assessors, justices of the <,*«*, who M 
peace and clerks ot tne county courts, are authorized and atlul ™Bte». 
empowered to administer any oath relating to the assess- 
ment of property required by this act. 

§ 30. In every case where any person shall refuse toBemsai to m 
make out and deliver to the assessor a statement of the per- P r °P ert y- 
sonal property, moneys and credits which he is required to 
list, as provided by this act, the assessor shall, in every such 
case, proceed to ascertain the number of each description of 
the several articles of personal property subject to taxation 
enumerated in this act, the value thereof, the value of the 
personal property subject to taxation, other than enumerated 
articles, and the value of the moneys and credits of which 
a statement shall have been withheld as aforesaid, as the 
case may require ; and to enable him so to do, he is hereby 
authorized to examine on oath any person whom he may 
suppose to have knowledge of the amount or value of the 
personal property, moneys or credits, which the person so 
refusing was required to list. 

§ 31. If any person who shall be required by the as-R«w»i to g* a 
•essor to give evidence, as provided in the preceding sec- evWenoe - 
tion, shall refuse to be sworn by the assessor, or having 
been sworn, if he shall refuse to answer such questions as 
the assessor shall put to him touching the subject of inquiry 



1853. lb 

any justice of the peace of the town or district, to whom 
the assessor may make application therefor, shall summon 
such person to appear before him at such time as the asses- 
sor shall designate, and answer on oath all pertinent ques- 
tions which may be put to him by the assessor or his order, 
touching the amount and value of the personal property, 
moneys° and credits which the person required to list the 
same on oath has refused to list ; and every constable and 
witness shall be subject to the same penalties for refusal or 
neglect to obey the process of such justice, as they are by 
law subject to for refusing to obey the process of justices 
of the peace in civil cases ; and shall receive the same fees 
allowed for like services in civil cases, and such justice of 
the peace shall immediately proceed to enter judgment for 
all such fees and for his own costs in favor of the state of 
Illinois, against the person who shall have refused to make 
and deliver to the assessor a statement of the property 
which, by this act, he was required to list, and proceed to 
collect and pay over the same, as in civil cases. 

§ 32. On the last Saturday in June, the assessor, town 
R i™1ve f vaiual c lerk and supervisor shall attend at the office of the town 
Uuu ' clerk, for the purpose of reviewing the assessment list, and 

on the application of any person conceiving himself ag- 
grieved, they shall review the assessment, and when the 
person objecting thereto shall make an affidavit that the 
value of his personal estate does not exceed a certain sum 
specified in such affidavit, the assessor shall reduce the as- 
sessment to the sum specified in such affidavit, and if he or 
any other one objects to the valuation put upon any of their 
real estate, the board shall hear the objections, and may re- 
duce the same, if a majority of the board think it advisable, 
and in such case the assessor shall correct his list. 

§ 33. Each town assessor shall, on or before the first day 
^r°VaiuTtio k nof July, annually, make out and deliver to the clerk of his 
ants tor clerk. coun ty, in tabular form and alphabetical order, the names 
of the several persons, companies or corporations, in whose 
names any personal property, moneys or credits shall have 
been listed in his county, and separately, in appropriate 
columns, opposite each name, the number and value of all 
articles of personal property enumerated in this act, the 
value of all non-enumerated articles of personal property, 
other than the stock of merchants and manufacturers, the 
value of merchants' and manufacturers' stock, and the val- 
ue of the moneys and credits listed by said persons. If 
any person is assessed on property which he believes k^iot 
properly and legally liable to taxation, he may apply to 
the board ot supervisors, at their annual meeting, for an 
abatement of such assessment, and the said board shall 
hear and determine the matter; but if said board shall de- 
cide that any such property is not liable to taxation, and 



17 1853. 

the question as to the liability of such property to taxation 
has not been previously settled, the decision of said board 
shall not be final, unless approved by the auditor of public 
accounts, and it shall be the duty of the clerk of said board, t 
in all such cases, to make out and forward to the auditor 
a full and complete statement of all the facts in the case. 
If the auditor is satisfied that such property is not legally 
liable to taxation, he shall notify the clerk of his approval 
of the decision of the board, and the said clerk shall cor- 
reci the assessment accordingly. But if the auditor be- 
lieve that the board has erred in deciding that such prop- 
erty was not liable to taxation at the time of making the 
assessment, he shall advise the clerk of his objections to 
the decision of the board, and give notice to said clerk that 
he will apply to the supreme court, at the next term there- 
of, for an order to set aside and reverse the decision of the 
board of supervisors. Upon the receipt of such notice, 
the clerk shall notify the person making application there- 
for. And it shall be the duty of the auditor to file in the 
supreme court a certified statement of the facts certified 
by the clerk, as aforesaid, together with his objections 
thereto, and the court shall hear and determine the matter, 
as the right of the case may be. 

§ 34. In all cases where property is not listed by the whore property 
owner, the assessor shall note opposite the name the words o-wne»! stwi '" 
"by assessor." 

§ 35. Each town assessor shall, at the time he is re- -fcetumof taxable 
quired by this act to make his return of taxable property to 1>op€1 3 
the county clerk, also deliver to him all the statements of 
property which he shall have received from persons re- 
quired to list the same, arranged in alphabetical order, and 
the clerk shall carefully file and preserve the sanfe for one 
year thereafter. 

§ 36. Each town assessor shall take and subscribe an Assessor's oath 
oath, which shall be certified by the magistrate or clerk turn! hed to u ~ 
administering the same, and attached to the return which 
he is required to make to the county, in the following form, 
as near as may be : 

I, , assessor in the town of , do sol- 

emmnly swear that the value of all personal property, mo- 
neys and credits required to be listed for taxation by me, is 
truly returned and set forth in the annexed list, and that in 
every case I have diligently, and by the best means in my 
power, endeavored to ascertain the true amount and value 
of ail taxable property, moneys and credits ; and that, as I 
verily v believe, the full value tiiereof, estimated by the rules 
prescribed by said act, is set forth in the list aforesaid ; 
that in no case knowingly have I omitted to assess any pro- 
perty which by law I am required to assess, nor have I in 
any way connived at any violation or evasion of any of the 
2 



1853. IS 

requirements the law in relation to the listing or valuation 
of property, moneys, or credits of any kind, for taxation. 
§ 37. In all cases in which town assessors are required, in 



rt " consequence of the sickness or absence of the person whose 



In .n-iouf iu:'!iili- 
sessor t< 
value . 

party. duty it is to make out a statement of personal property, 
moneys and credits, or in consequence of his neglect or 
refusal to make out and deliver such statement, to ascer- 
tain the amount and value of such personal property, mo- 
neys and credits, if the assessor shall be unable to obtain 
positive evidence of the amount and value of such proper- 
ty, moneys and credits, he shall return such amount and 
value as from general reputation and his own knowledge 
of facts and circumstances, he believes to be the full 
amount and value of such property, moneys and credits. 
, , ,. § 38. The assessor, or some suitable person employed 

• sortodeliv-. s ,. _ , ' . „ * i i 

er abstract to by Inm lor that purpose, shall add up the several columns 
containing the number and value of each article of proper- 
ty enumerated, the value of unenumerated article?, the 
value of each of the other items of property enumerated in 
the seventh section of this act, and the total value thereof, 
and note the aggregate of each column at the bottom there- 
of, and shall make out and deliver to the clerk, with the as- 
sessment list, an abstract of the several footings on each 
page, showing separately the aggregate number and value of 
each enumerated article of property, and the value of each 
kind of all other property assessed. The correctness of 
such abstract shall be verified by the oath of the assessor 
or person who shall have made such additions. 

REAL PROPERTY HOW AND IN WHAT MANNER LISTED. 

§ 39. *It shall be the duty of each assessor, upon being 
■ furnished with the list and blanks provided for by this act, 

from actual view or from the best sources of information 
that can be obtained, to determine, as nearly as practicable, 
the true value of each separate parcel of real property in his 
town, according to the rules prescribed by this act for val- 
uing real property, and such value shall be noted opposite 
each parcel of real property, in a column provided for that 
purpose ; and he shall note opposite each tract not listed 
by a resident of the town the letter "N," denoting non- 
resident, 
statement an i § 40. The assessor shall add up the valuation of the 
return. rea i property, and shall set down in figures on each page 

the total value of the property listed thereon, an I shall 
make out a statement showing the aggregate value of the 
lands, and the aggregate value of town lots. The asses- 
sor shall complete the assessment and make return thereof 
to the clerk of the county court, on or before the first Mon- 
day in July, annually. 



19 1853. 

§ 41. Each assessor shall take and subscribe an oath, Assessor's o-.u, 
which shall be certified by the magistrate or clerk admin- 
istering the same, and attached to the return which he is 
required to make to the county clerk, as near as may be, 
in the following form : 

I, A. B., assessor of the town of , do solemnly swear 

that the return to which this is attached contains a correct 
description of each parcel of real property subject to taxa- 
tion within said town, so far as I have been able to ascer- 
tain the same, and that the value attached to each parcel 
in said return is, as I verily believe, the full value thereof, 
estimated agreeably to the rules prescribed therefor in the 
act for the assessment of property and the collection of tax- 
es, and that the aggregate value, as set forth in the state- 
ment returned herewith, is true and correct, as I verily 
believe. The clerk, upon the receipt of the several assess- Clerk ( . ,,„, . ;h 
ment rolls, shall carefully compare the same with the list board wim cuny 
of taxable land on file in his office, correcting all errors 
which he may discover, and add to the roll of the proper 
town the name of the purchaser, and the description of all 
such lands as has been omitted by the assessor which are 
liable to taxation. He shall then make a fair copy of 
the several assessment rolls ; which copy, together with the 
original, shall be laid before the board of supervisors at 
their annual meeting in each year; for which service said 
clerk shall be allowed a sum not exceeding two cents for 
each tract of land, and one cent on each town lot contained 
in said rolls, and where the real estate and personal prop- 
erty are separate, one half cent for each person's name 
and valuation of personal property contained in said rolls. 

§ 42. If any assessor shall wilfully refuse or neglect Penalty for .- 
to perform any of the* duties required of him by this act, f^j 
he shall forfeit to the people of this state the sum of fifty 
dollars, and be liable for all damages sustained by any such 
refusal or neglect. 

§ 43. The board of supervisors of each county in this Board to examine 
state, at their, annual meeting, shall examine the assess- assessme * t !is! - 
ment rolls of the several towns in their county, for the 
purpose of ascertaining the aggregate valuation of proper- 
ty in each town, and they shall assess the value of all 
such lands and lots as have been omitted by the assessor, 
and listed by the clerk, and cause the same to be placed 
opposite the description of said lands, in a column prepared 
for that purpose. 

§ 44. The} T shall, at their annual meeting, fix a cer- Board to ex rate. 
tain rate upon the hundred dollars to be levied upon the 
taxable property, both real and personal, in their respective 
counties, for county purposes, which they shall cause to be 
entered upon their record, and they shall, at the same time, 
also enter upon their record the amount to be collected in 



1853. 



20 



each town for town purposes. The clerk of the county 
court shall carefully compare the copy made by him with 
the original assessment roll, [and when so compared and 
corrected he shall cause the taxes to be extended on said 
copy, and shall also cause to be indorsed on the original 
assessment roll] the amount per cent, levied on each one 
hundred dollars worth of property, as taxes thereon, which 
original roll shall remain in the county clerk's office until 
the'mor.th of March next thereafter. The town clerks shall 
call on the county clerk during the month of March in each 
year, for the original assessment rolls of the previous year 
of their respective towns, which rolls they shall file in their 
respective offices, for the use of the town. 
M to estimate § 45. The county clerk shall cause to be estimated and 
,ax - set down in a separate column, to be prepared tor tnat pur- 

pose, in the copied assessment roll, opposite the several 
sums set down as the valuation of real and personal estate. 



the respective sums in dollars and cents, respecting the 
fractions of a cent, to be paid as tax thereon. 
cierk to deliver § 46. The county clerk shall cause the copied and cor- 
usts to collect- rec t e( l assessment roll of each town or district in their res- 
pective counties, with the taxes extended thereon, to be 
delivered to the collector of such town or district, on or 
before the fifteenth day of November in each year. 
ci,rk to-attach § 47. To each assessment roll a warrant, under the 
warrant.* hand of the county clerk and seal of the county court, shall 
be annexed, commanding such collector to collect from the 
several persons named^in the assessment roll the several 
sums mentioned in the last column of such roll, opposite 
their respective names. The warrant shall direct the col- 
lector, out of the moneys to be collected, after deducting 
the compensation to which he may.be legally entitled, to 
pay over to the commissioners of highways the amount o 
tax collected for the support of highways and bridges, and 
to the supervisor of the town all other moneys which shall 
have been collected therein, to defray any other town ex- 
penses; to the township treasurers the school fund tax, and to 
the county treasurer the state and county tax collected by 
him. The county treasurer shall pay over to the proper 
officers the amount of the tax collected by him on the de- 
linquent real estate. t 

6 48 In all cases the warrant shall authorize the col- 

*£? " J Pay lector, in case any person named in such assessment roll 

shall neo-lect or refuse to pay his tax, to levy the same by 

distress and sale of the goods and chattels of such person; 

and it shall require all payments therein specified to be 

made by such collector on or before the fifteenth day of 

February next ensuing. 

mm*** Before the delivery of the tax books to the oo lector* 

Munnr. t [ ie c i er k s i la ll notify the county treasurer that said books 



21 1853. 

are completed, and shall furnish such treasurer with a 
statement, setting forth the name of each collector, the 
amount of money to be collected and paid over, for each 
purpose for which the tax is levied in each of the several 
towns. The treasurer shall compare said statement with 
the footings on the tax books. 

§ 49. On the last Saturday in April in each year, the AsscssorstomMt 
assessors of the several towns shall meet at the office of the 
county clerk, for the purpose of instruction and advice rel- 
ative to their duties as assessors. They then and there shall 
agree upon a basis upon which the property in the several 
towns shall be assessed. The county clerk shall consult 
with and advise said assessors as to the true basis of valu- 
ing property ; lie shall furnish them with such blank circu- 
lars, &c.j as the}- may be entitled to, and shall give such 
instructions and advice as may be necessary to enable 
them to make their assessments and returns correctly. 

§ 50. No assessment of property, or charge for taxes informality. 
thereon, shall be considered illegal on account of any in- 
formality in making the assessment, or in the tax lists, or 
on account of the assessments not being made or comple- 
ted within the time required by law. 

§ 51. Every county clerk, assessor, collector or other of- Neglect of dot* 
ficer who shall in any case refuse or knowingly neglect to b - vofficcls 
perform any duty enjoined on him by this act, or who shall 
consent to or connive at any evasions of its provisions, where- 
by any proceeding required by this act shall be prevented 
or hindered, or whereby any property required to be listed 
for taxation shall be unlawfully exempted, or the value 
thereof be entered upon the tax list at less than its true val- 
uation, shall, for every such neglect or refusal, be liable, 
individually, and on his official bond, for double the amount 
of the loss or damage caused by such neglect or refusal, to 
be recovered in an action of debt, in any court having ju- 
risdiction of the amount thereof, and may be removed from 
his office, at the discretion of the court before whom any 
such judgment shall be rendered. 

§ 52. In all cases where any person, company, or cor- Lands other than 
poration has, or may hereafter divide any tract of land in- goveramentsiir- 
to parcels less than the one-sixteenth part of a section, or 
otherwise, in such manner that such parcels cannot be de- 
scribed in the usual manner of describing lands in accor- 
dance with the surveys made by the general government, 
with a view to sell said lands in such parcel, it shall be law- 
ful for such person, company or corporation, to cause such 
lands to be surveyed, and a plat thereof made by the sur- 
veyor of the county where such lands are situated ; which 
plat shall particularly describe and set forth the lots or 
parcels of land surveyed, as aforesaid ; the lots shall be 
numbered in progressive numbers, and the plat shall show 



1853. 



.n case owners 



the number and location of each lot, and the description of 
the tract of land of which such land is a part, and also the 
quantity of land in each lot. Said plat shall be certified to 
by the surveyor, and recorded in like manner as the plats 
of towns are required to be certified to and recorded. — 
Lands described in any deed or conveyance, or for the 
purpose of taxation, in accordance with the number and 
description set forth in the plat aforesaid, shall be deemed 
a good and valid description of the lot or parcel of land so 
described. 

§ 53. When lands heretofore have been, or may here- 
after be subdivided into parcels less than one-sixteenth 
part of a section, or in such manner that they cannot be 
easily and properly described, without noting the metes 
and bounds of such tracts, it shall be the duty of the owner 
or owners thereof, when required so to do by the assessor, 
to cause the same to be surveyed, and the plat thereof re- 
corded in like manner as is required in the foregoing sec- 
tion ; and if such owner or owners shall refuse or neglect 
to cause such survey to be made within a reasonable time 
after being notified by the assessor, it shall be the duty of 
the assessor to cause such survey to be made and record- 
ed ; and the expense thereof to be returned by the assessor 
to the clerk, who shall add the same, together with the 
commissions for collecting, &c, to the tax assessed on such 
real property, and it shall be collected with and in like 
manner as the said tax; and when collected, shall be 
paid on demand to the persons to whom it is due : Pro- 
vided, that the collector shall either file a receipt for the 
payment thereof with the treasurer, or shall pay the same 
into the county treasury, when he makes settlement for 
the county revenue, to be paid to the proper persons when 
called for. 

§ 54, In all cases where the boundary lines of any county 
or counties cannot be correctly ascertained from the plats 
or maps of the original surveys, and such boundary lines 
not having been surveyed, it shall be the duty of the board 
of supervisors of the counties bounded by any such lines, 
jointly, to cause the same to be surveyed and located in 
accordance with the laws establishing such lines. They 
shall cause a plat or map to be made, showing the correct 
location of the line on each equal subdivision, or tract of 
land through which such line may run; which plat, togeth- 
with the field notes of such survey, shall be certified to by 
the surveyor making the survey, under oath, and forward- 
ed to the auditor of public accounts, who shall] cause the 
same to be filed and recorded in his office, and a correct 
copy thereof forwarded to the clerk of the county court of 
each of the counties bounded by such line. And said clerk 
shall cause such copy to be filed in his office, and recorded 



23 1853. 

in a suitable record book, and the line thus surveyed shall 
be the true division line: Provided, that if the board of 
supervisors of any county bounded, in part or in whole, as 
aforesaid, shall neglect or refuse to comply with the re- 
quirements of this section within a reasonable time after 
being requested so to do by the auditor of public accounts,, 
it shall be the duty of said auditor to cause the said survey 
to be made, if in his opinion the public interest requires it. 
And the expenses of making any such survey, whether 
under the direction of the county authorities or of the aud- 
itor, shall be paid by the counties bounded by such line — 
one-half by each county. 

§ 55. For the purpose of taxation, all tracts or parcels where tract He* 
of land, not exceeding one-sixteenth part of a section, shall 
be assessed in the county where the greater part of said 
tract is situated ; and the collector of the proper town in 
said county shall have the same power and authority to 
collect the taxes due thereon as he would if the whole of 
said tract were within the limits of said county. And in 
all ca^es where any such tract or tracts shall be equally 
divided between two counties, and the owner thereof be a 
resident of either county, said land shall be assessed in the 
county in which the owner resides ; but if the owner be 
not a resident of either county, then the auditor shall de- 
termine in which county the land shall be assessed : Provi- 
ded, that if there be several tracts similaily situated, the 
auditor shall apportion them equally between the counties, 
as near as practicable : Provided, furthermore, that when 
a tract of land containing a half-quarter section, or more, 
is so divided by the county line that by subdividing it into 
quarter-quarter section lots, each county will be entitled 
to the taxes on one or more of said lots, then the tract shall 
be so divided. The provisions of this section regulating Town lines.. 
the assessment of land divided by county lines, shall apply 
to and regulate the assessment of land divided by town 
lines. 

5 56. Government lands entered or located prior to Locations priort* 
the" first day of May, A. D. 1853, shall be taxable for the May '' 53 - 
year 1853; lands entered or located prior to the first day 
of May, A. D. 1854, shall be taxable for the year 1851, 
and so on annually thereafter. Land sold by the trustees CanalIands- 
of the Illinois and Michigan canal, shall be taxable from 
and after the time that full payment therefor is made. 
School, seminary and saline lands shall be taxable in like school and *aun» 
manner as the lands sold by the general government. In- 
ternal' improvement lands sold prior to- the first day. of^™ :mpruvt 
June, A. D. 1848, shall be taxable for the year 1853, and 
annually thereafter. 

§ 57. On the first day of May in each year, or as soon Land ofllte ab _ 
thereafter as practicable, the auditor shall obtain from the ^tracts. 



1853. 24 

several land offices in this state, abstracts of the lands en- 
tered and located, and not previously obtained, and ' all, 
when necessary, obtain from the canal office abstracts of 
the canal lands sold. Upon the receipt of said abstracts, 
the auditor shall cause them to be transcribed into the tract 
books in his office, and shall, without delay, cause abstracts 
of the lands in each county to be made out and forwarded 
by mail to the county clerks of the several counties; and 
said clerk shall cause such abstracts to be transcribed into 
the tract book, and filed in their office. 

ci«k to deliver § 58. On the last Saturday in April, A. D. 1853, and 
!;; state every two years thereafter, the clerk of the county court 
shall cause to be delivered to the assessor of each town a 
book, properly ruled and headed, containing a list of the 
real estate in numerical order, with such blank columns as 
may be necessary, for the use of the assessor. The clerk, 
in making out said lists, shall take as his guide the assess- 
ment list of the previous year, and the list of subsequent 
conveyances : Provided, that the list of lands reported in 
the annual abstract shall be furnished to the assessor within 
five days from and after the time such abstract is received 
from the auditor's office. 

owner* on firstof § 59. Every person owning or holding real property on 
taxof year!, lul the first day of May, including all such property pur; based 
on that day, shall be liable for the taxes thereon for that 
year ; and it any person shall sell and convey any real prop- 
erty on or prior to the first day of May next after the list- 
ing of such real property, he shall, when he lists his per- 
sonal property for the year next after the listing of said 
real property, deliver to the assessor a statement setting 
forth the description of the property sold and conveyed, 
and the name of the purchaser, and he shall list all real 
property purchased by him during the said time ; and the 
assessor shall make return thereof to the county clerk, who 
shall make the proper changes in the tax books. Real 
property shall in all cases be liable for the taxes thereon. 

cierk to furnish § GO. The clerk of the county .court shall annually, on 
!l the last .Saturday in April, furnish the assessor of each town 
wnai property, w fth a book or books, properly ruled and headed, for the 
abstract of the assessment of personal property, and hall, 
at the proper time, furnish such assessor with a list of the 
real estate that may have become taxable subsequent to the 
regular assessment of real estate ; all property, except real 
property, shall be assessed annually ; real property shall be 
assessed biennially : Provided, that real property becoming 
taxable after the regular assessment of real property, or that 
may have been omitted, shall be assessed for the c rent 
year at the same time that the personal property is asses- 
sed in the year that the real property is not regularly asses- 



25 1853. 

sed, and such property shall he re-assessed the next suc- 
ceeding year with the regular assessment of real property. 

§ 61. It shall be tL; v duty of the auditor of public ac- Auditor to fur- 
counts to make out and forward to the clerk of the county j^uJcTons.' 11 " 1 
court of the several counties, for the use of such clerks and 
other officers, suitable forms and instructions for carrying 
this act into effect ; and all such instructions shall be 
strictly complied with by the officers in the performance of 
theif respective duties, as required by this act. He shall 
give his opinion and advice on all questions of doubt as to 
the true intent and meaning of the provisions of this act. 

§ 62. If the assessor should discover any real property omissions in ve- 
subject to taxation, which has not been returned to him by 
the clerk, he shall assess such property, and enter the same 
on the assessment list. And if upon the return of such list 
to the clerk, it shall appear that any such real property has 
not been returned by the auditor, it shall be the duty of the 
clerk to advise the auditor of the facts, describing the prop- 
erty so returned by the assessor, and the auditor shall as- 
certain the true condition of such real property, and advise 
the said clerk thereof, who shall correct the records in his 
office, in accordance with the facts in^the case. 

§ 63. It shall be the duty of the clerk, before deliver- ciert to compare 
ing the list of real property to the assessor, to cause such l!St ^ ltllfile 
list to be carefully compared with the lists of taxable real 
property on file in his office, and if it shall appear that any 
such property was omitted in the former assessment list, he 
shall correct the list designed for the assessor, so that said 
list may contain a full and complete abstract of all the tax- 
able real property in the several towns. 

OF THE MANNER IN WHICH TAXES ARE TO BE COLLECTED, 
AND THE DUTIES OF THE TOWN COLLECTORS. 

§ 64. Every collector, upon receiving the tax list and collector's duty. 
warrant, shall proceed to collect the taxes therein mention- 
ed, and for that purpose shall call at least once on the per- 
son taxed, or at his or her place of residence, if in the town 
or district for which such collector has been chosen, and 
shall demand payment of the taxes charged to him en his 
property. 

In case of refusal to pay. 

§ 65. .In case any person shall refuse of neglect to pay Refusal t0 pav 
the tax imposed on him, the collector shall levy the same tases> 
by distress and sale of the goods and chattels of the person 
who ought to pay the same. 

Notice. 

§ 66. The collector shall give public notice of the time Notice or sale. 
and place of sale, and of the property to be sold, at least 



1853. 26 

six days previous to the sale, by advertisement, to be post- 
ed up In at least three public places in the town where such 
sale is to be made. The sale shall be by public auction. 

Surplus. 

surplus of tax § ^7. If the property distrained shall be sold for more 
sales. than the amount of the taxes, the surplus shall be returned 

to the person in whose possession such property was when 
the distress was made, if no claim be made to such surplus 
by any other person. If any other person shall claim such 
surplus, on the ground that the property sold belonged to 
him, and such claim be admitted by the person for wiiose 
tax the same was distrained, the surplus shall be paid to 
such owner, 
in ease of own- § 68. In case any person upon whom any tax shall be 
er»» removal, assessed, under the provisions of this act, in any city or 
town of this state, shall have removed out of such city or 
town after such assessment, and before such tax, which now 
is 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 where he may reside, and within the 
county, it shall be lawful in either of those cases, for the 
collector of said city or town to levy and collect such tax 
of the goods and chattels of the person assessed, in any dis- 
trict within said cities, or within any town within said coun- 
ty to which such person shall have removed, or in which he 
shall reside. 
Collector to pay § 69. Every collector shall pay over, within one week 

over to treasur- », , L ,■ • i • \ • l c • xl 

cr. alter the time mentioned m his warrant lor paying the mo- 

neys directed to be paid to the town officers of his town 
and to the county treasurer, the sums required in such 
warrant to be paid to them respectively, first retaining the 
compensation to which he may be legally entitled. The 
town officers to whom any such moneys shall be paid, shall 
deliver to the collector duplicate receipts therefor, one of 
which 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 
by the county treasurer. 

where taxes ox- § 70. Whenever any greater amount of taxes shall be 

•eedtownoharg- asgegge( j j n an y town than the town charges thereof, and its 
proportion of the tax and county charges, the surplus shall 
be paid by the collector to the supervisor of the town, who 
shall bold the same until wanted by the town to pay any 
town expenses. 

pan of tax may § 71. The collectors shall receive on the part of any lot, 
bareoeived. piece or parcel of land charged with taxes : Provided, the 
person* paying such tax shall furnish a particular specifica- 
tion of the part, and if the tax on the remainder of such lot 
or parcel of land shall remain unpaid, the collector shall 



27 1853. 

enter such specification in his return to the county treasur- 
er, to the end that the part on which the tax remains unpaid 
may be clearly known. 

§ 72. If any part on which the tax shall be so paid be undivided avm 
an undivided share, then the person pa}ing the same shall ofpropeity - 
state to the collector who is the owner of such share, then 
it may be excepted in case of a sale for the tax on the re- 
mainder; and the collector shall enter the name of such 
owner on his account of arrears of taxes. 

§ 73. If the town collector shall be unable to collect any -m^n collector 
tax charged in the tax list, by reason of the removal or in- ™abie to collect. 
solvency of the person to whom such tax shall be charged, 
or on account of any error in the tax list, he shall deliver 
to the county treasurer his tax books, and shall make out 
and file with the said treasurer, at the time of his settle- 
ment, a statement in writing, setting forth the name of the 
person charged with such tax, the value of the property, 
and the amount of tax so charged, and the cause of delin- 
quency, and shall make oath before the county treasurer, 
or some justice of the peace, that the facts stated in such 
statement are true and correct; that the sums mentioned 
therein remain unpaid, and that he has used due diligence 
to collect the same; which oath or affidavit shall be signed 
by the town collector. And upon the filing of said state- 
ment, the county treasurer shall allow the town collector 
credit for the amount of taxes therein stated, and shall ap- 
portion and credit the same on the several funds for which 
said tax was charged ; and when he makes settlement with 
the board of supervisors, such statement shall be sufficient 
voucher to entitle him to credit for the amount therein sta- 
ted ; but, in no case, shall any town collector or county 
treasurer be entitled to abatements on the resident tax list, 
until the statement and affidavit aforesaid is filed, as re- 
quired by this act. 

§ 74. If any person, chosen or appointed to the office Refusal of ( 
of collector of any town, district or city in this state, shall 
refuse to serve, or shall die, resign, or remove out of the 
town, district or city, or the office becomes vacated in any 
other way, before he shall have entered upon or completed 
the duties of his office, or shall in any way be disabled 
lroln completing the same, the supervisor and justices of 
such town or district, or any two of them, shall forthwith 
appoint a collector for the remainder of the year, who shall 
give the like security, and be subject to the like penalties, 
and have the same powers and compensation as the collec- 
tor in whose place he was appointed, and the supervisor 
or town clerk shall forthwith give notice of such appoint- 
ment to the county treasurer. But such appointment shall 
not exonerate the former collector or his sureties from any 
liability incurred by him or them. 



1853. 28 

warrants issued § 75. If a warrant shall have been issued as by law 
me ! 'n t u£ a succ!4 t -P rov i ( ied, prior to any appointment under the last section, 
sur - the original warrant, if the same can be obtained, shall be 

delivered to the collector so appointed, and shall be con- 
sidered as giving him the same powers as if originally is- 
sued 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, and shall be signed by the 
chairman of the board of supervisors, in the same w y and 
manner as the original was, which shall be directed to the 
collector so appointed, and upon every such appointment, 
the supervisor of the town or district, if he shall think it 
necessary, may extend the time limited for the collection 
of taxes, for a period not exceeding thirty days ; of which 
extension he shall forthwith give notice to the county trea- 
surer. The collector so appointed shall keep an account 
of all collections made by the former collector, so far as he 
can ascertain the same, and when any one shall present a 
receipt for taxes paid to the former collector, he shall mark 
against the amount of taxes so paid, to whom paid, and the 
time when paid. 

Neglect of collector to pay over money. 

Refusal of coiiec- § 76. If any collector shall refuse or neglect to pay to 
■to pay over. ^ severa ] town officers of his town, or to the county trea- 
surer, the sums required by his 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 clays 
after the time when such payments ought to have been 
made, issue a warrant, under his hand and seal, directed 
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 trea- 
surer, and to 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, of the 
refusal or neglect of the collector to pay the same, or .ac- 
count therefor, as above provided. 

Duty of Sheriff. 

§ 77. The sheriff to whom such warrant is directed 
shall immediately 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 from his fees the same compensa- 
tion that the collector would have been entitled to retain. 



Sheriff's duty. 



29 1853. 



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 treasurer shall first retain the 
amount which ought to have been paid him, before making 
any payment to the town officers. D 

hi case the whole or part of money is paid. 

§ 7S. ■ If the whole sum due from the said collector Tfm t ■ „ t 
shall he collected, the sheriff shall so state in his return" ^ ' 

butii part only, or if no part of such sum shall be collected' 
the sheriff shall note in his return the fact, and the amount 
collected, and shall also certify that such collector has no 
goods or chattels, lands or tenements in his county from 
which the money or 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. 

Bond to be sued. 

§ 79 The supervisor shall forthwith cause the bond of s^t on «n«*. 
sucli collector to be put in suit, and shall be entitled to re- or ' sbu » d - 
cover thereon the sum due from such collector, with costs 
of suit, and the moneys recovered shall be applied and paid 
in the same manner in which it was the duty of the collec- 
tor to have applied and paid the same. 

§ SO. If any sheriff shall neglect to return any suchmere sheriir 
warrant, or to pay the money levied thereon, within the ue s lectsdut >- 
time limited for the return of said 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, and he 
may proceed in the first instance by a writ of attachment 
against the goods and chattels, lands and tenements, 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. 

5 81. In case the county treasurer shall fail to collect r^of count, 
sucn moneys by attachment or suit, as is provided for in treasurer to cof- 
the next preceding section hereof, he shall prosecute suit ^ 
on the official bond of such sheriff for the amount aforesaid. 

§ 82. The town collectors shall be entitled to three percoiicw ™ 
cent, on all moneys collected by them, as their compensation. centa ^' : 

§ 83. This act shall apply to and be in force in coun- T „ 
ties adopting the act to provide for township organization, "SKS" 
and take effect from and after its passage. 

Approved February 12, 1853. 



1853. 30 

in force August AN ACT supplemental to and explanatory of an act entitled " An act to 
l, 1853. establish a general system of banking,-' and to prevent the the issuing and 

circulating of illegal currency. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
act to which this is supplementary shall be so construed 
that no person or persons shall become incorporated under 
the said act, until he, she, or they shall first have deposited 
with the auditor United States or state stocks, as required 
by said act, so that the capital stock of the said incorpora- 
tion shall amount, in such United States stocks or state 
stocks, at the rate and value fixed by said act, to the sum 
of fifty thousand dollars ; and at no period during the ex- 
istence of Said bank shall the capital stock of the same, in 
stocks deposited as aforesaid, be less than the sum of fifty 
thousand dollars. 
Prohibiting the R 2. No bank, banking association, corporation, bro- 

issuing of bank. * 1 , -i 1 • ° n ,- • i 

bins or less de-ker, banker, dealer in money, produce or foreign merchan- 
riv"ii"iia'rs? b ^ u dise, or other person, shall emit, issue, utter, pay out, 
pass, or receive inpayment, or on deposit, any bill of cred- 
it, bond, promissory note, bill of exchange, order, draft, 
certificate of deposite, written instrument, or instrument 
partly written and partly printed, to be used as a general 
circulating medium, as or in lieu of money, or other cur- 
rency, or intended by the makers thereof to be so used, 
other than the bills or notes of banks of this state, counter- 
signed in the auditor's office, according to the provisions 
of the act to establish a general system of banking, or the 
notes or bills, (of a denomination not less than five dollars,) 
of specie-paying banks, created by an express authority of 
law, in either of the United States, territories, the District 
of Columbia, or Canada. Every bank, banking associa- 
tion, corporation, broker, dealer in money, produce or 
foreign merchandise, or other person, who shall violate 
the provisions of this section, shall forfeit and pay to any 
person, or persons, who may sue for the same, the sum of 
fifty dollars for each and every bill of credit, bond, prom- 
issory note, bill of exchange, order, draft, certificate of de- 
posit, or other instrument so issued, uttered, paid out, 
passed, or received, contrary to the provisions of this sec- 
tion, to be recovered in an action of debt, before any jus- 
tice, magistrate or court having jurisdiction to the amount 
claimed in any such suit. 
orvioia- § 3. In addition to the penalties provided for in the 
uoaoxthis-iftw. foregoing section, every broker, banker, dealer in money, 
produce or foreign merchandise, and every officer, agent 
or employee, of any bank, banking association, corpora- 
tion, broker, banker, dealer in money, produce or foreign 
merchandise, who shall offend against the provisions of this 
act, shall, for every bill, bond, note, order, certificate of 



31 1853. 

deposit, or other instrument or piece of paper emitted, is- 
sued, uttered, paid out, passed or received, contrary to 
the provisions of this act, be liable to be indicted, and, on 
conviction, shall be imprisoned in the county jail not more 
than one year. It shall not be necessary, in any indict- 
ment, suit or prosecution, under the provisions of this act, 
to specify or particularize any particular bill, note, bond, 
order, certificate of deposit, or other instrument, but it 
shall be sufficient to allege generally that the defendant or 
defendants have been guilty of violating the provisions of 
this act by uttering, emitting, paying out, passing or re- 
ceiving, as the case may be, any such bill, note, bond, 
order, certificate of deposit, or other instrument, of the 
character or description which, by this act, are forbidden 
or prohibited to be issued, passed or received, and proof 
of such general nature shall be sufficient to sustain such 
indictment, suit or prosecution. 

§ 4. Whenever it shall be represented to any one of the D ntics or cu 
bank commissioners, upon the oath or affirmation of any mtesioners - 
credible person, setting forth the facts, or whenever, from 
any information, any one of the said commissioners shall 
have reason to believe that any bank, corporation, broker, 
banker, dealer in money, produce, or foreign merchandise, 
or any officer, clerk, agent, or other employee, of any such 
bank, corporation, broker, banker, dealer in money, pro- 
duce, or foreign merchandise, shall have been guilty of any 
violations of the provisions of this act, it shall be the duty 
of such commissioner forthwith to proceed to the said bank, 
or place of business of such bank, corporation, broker, 
banker, dealer in money, produce, or foreign merchandise, 
officer, clerk, agent, or employee, and then and there to in- 
quire, by the oaths of the said broker, banker, dealer, offi- 
cer, clerk, agent, or employee, or other testimony, wheth- 
er the said bank, corporation, broker, banker, dealer in 
money, produce, or foreign merchandise, officer, clerk, 
agent, or employee, have been guilty of any violation of this 
act. The said bank commissioner shall have full power 
and authority to issue subpcenas and attachments to compel 
the attendance of witnesses before him, from any part of 
the state, and shall also have power and authority to admin- 
ister all oaths and affirmations to parties, witnesses, or oth- 
ers, required to be administered or taken by this act ; and 
shall have power to compel such broker, banker, dealer in 
money, produce, or foreign merchandise, or any officer, 
clerk, agent, or other employee, to answer all proper inter- 
rogatories propounded to him, her or them, touching any 
violation of the provisions of this act, and may commit any 
such person to jail, for refusal so to do, there to remain un- 
til such party consents to answer such interrogatory, or is 
otherwise discharged by due course of law. He shall 



1853. 32 

reduce the said evidence and answers to writing, and re- 
port the same to the other bank commissioners, and also 
to the state's attorney for the judicial circuit in which the 
said bank, or other corporation, or the place of business of 
any such broker, banker, dealer, officer, clerk, agent, or 
other employee, may be situated. And if the said commis- 
sioner shall be of opinion that any such banker, broker, 
dealer, officer, agent or employee has been guilty of any 
violation of the provisions of this act, he shall make com- 
plaint before some judge, justice of the peace, or other 
proper officer, and the said judge, justice of the peace, or 
other officer, shall proceed against the person or persons 
named in said complaint, in all respects, as provided by the 
eighteenth division of chapter thirty of Revised Statutes, 
entitled " Criminal Jurisprudence ;" and, for the purpose 
of compelling the attendance of witnesses, may issue sub- 
Proviso, pcenas and attachments to any part of the state : Provided, 
that no answer made by any broker, banker, dealer in mo- 
ney, produce, or foreign merchandise, officer, clerk, agent, 
or employee, or any other person, upon any examination 
made by or before any bank commissioner, judge, justice of 
the peace, or other officer, touching any violation of this 
act, shall be given in evidence against him, her, or them, 
on the trial of any indictment, suit, or prosecution, for the 
recovery of any penalty or forfeiture imposed or provided 
for by this act, or in any other writ or legal proceeding 
whatsoever. 

§ 5. In case the bank commissioners, or a majority of 
^SforTrito? them, shall be satisfied that any bank, corporation, broker, 
injunction. banker, dealer in money, produce, or foreign merchandise, 
or such officer, clerk, agent or employee, has been guilty 
of any violation of the provisions of this act, they shall im- 
mediately apply to some judge of a circuit or supreme 
court for a writ of injunction against such bank, corpora- 
tion, broker, banker, dealer in money, produce, or foreign 
merchandise, such officer, clerk, agent, or employee, for- 
bidding and restraining him or them from violating any of 
the provisions of this act; and such judge, after reasonable 
notice given to such bank, corporation, banker, broker, 
dealer in money, produce, or foreign merchandise, or such 
officer, clerk, agent, or employee, shall proceed, without 
delay, to investigate the questions involved in such appli- 
cation, and shall have power to compel the production of all 
books, papers, vouchers, and documents in the possession of 
the defendant or defendants, or cause and to require an- 
swers, on oath, from such defendant or defendants; which 
answers shall not be evidence on the trial of any other art on 
or suit in law or equity ; and if, upon such examination, he 
shall be of opinion that any of the provisions of this act have 
been violated, he shall issue such writ of injunction and en- 



»l 1851. 

force the same, in case it shall be disregarded, according to 
tiie practice of the courts of chancery ; and such further pro- 
ceedings shall be had upon such application in the circuit 
court of the county where the office, or place of business, of 
such bank, corporation, broker, banker, dealer, officer, 
clerk, agent or employee maybe situated, as may be neces- 
sary to enforce the provisions of this act. And if it shall be 
finally determined by the judge or court that any ot the pro- ^'^Lrto ° ertWf 
visions of this act have been violated, it shall, by order of 
the judge or court, be certified to the auditor, which 
shall be sufficient authority to him, and he shall proceed to 
put tiie said bank into liquidation, in the manner contem- 
plated by this act, and the act to which this is a supple- 
ment. 

§ 6. The bank commissioners to be appointed under commissioners to 
the provisions of the act to which this is a supplement, ukeoattu 
before entering upon the duties of their office, shall take 
and subscribe an oath or affirmation, faithfully and impar- 
tially to perforin all the duties enjoined -upon and required 
to be performed by them, under the provisions of this act 
and the act to which this is a supplement; which said oath 
or affirmation shall be filed in the office of the secretary of 
state. 

§ 7. Every payment made, in whole or in part, in any payments made 
bill, note, bond, order, draft, certificate of deposit, or other ^J? nu!1 an<1 
instrument, or paper, the passing, uttering, emitting or use 
of which is prohibited by this act, shall be utterly null and 
void, fend the persons or corporation to whom any such 
payment may have been made therein, may sue and recov- 
er upon the original contract or cause of action, in the 
same manner and with like effect as if no such payment had 
been made. 

§ 8. No action shall be maintained in any court el this Aot , on csni] „ hP 
state upon any contract, express or implied, the consider- maln * ine,i - 
ation of which, in whole or in part, shall be any bill, note, 
check, draft, or other instrument or paper, the use, receipt, 
or emission of which is prohibited by this act, but the same 
shall be adjudged to be utterly null and void. 

§ 9. In all prosecutions and suits for the recovery of Defendants com- 
penalties imposed for any violation of the provisions of this p c ?f nt wi;nees - 
act, the person suing for the same, (notwithstanding he may 
be liable for, or may have given bond for the costs of such 
suit, or may be entitled to the said penalties when recov- 
ered,) and the defendant or defendants shall be competent 
witnesses. 

§ 10. This act to be in force and take effect from and 
after the first day of August next. 
Approved February 10, 1853. 



1853. 3 4 

n force Feb. ii, AN ACT making appropriations for purposes herein named. 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
Appropriation to SU m of one thousand dollars per annum, for two years from 
^cultural «,- the sage of this act , shall be appropriated and paid to 
the treasurer of the Illinois State Agricultural Society, to 
be expended by said society in the promotion of agriculture 
and mechanic arts. 

§ 2. The treasurer of the state shall pay the same out 
of a-y money not otherwise appropriated. 

Approved February 11, 1853. 



lu force Feb. l?, AN ACT to change the time of holding circuit courts in the counties of 
1853. McHenry and Kane. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That from 
Kb* or *o W , nB and after the first day of May next, the circuit courts in the 
°° urtB - county of McHenry shall be held on the third Monday in 

March and November, in each year; and that so much of 
an act to establish the thirteenth judicial circuit, approved 
February 4, 1851, as fixes the time of holding courts in said 
county, and dispenses with a grand jury and docketing 
criminal cases for trial, be and the same is hereby repealed. 

§ 2. The criminal courts in the county of Kane, shall 
hereafter be held in said county on the first Monday of No- 
vember in each year, instead of the second Monday in No- 
vember, as provided in said act. 

Approved February 11, 1853. 



toforce Feb. ll, AN ACT to prohibit corporations from interposing the defence of usury in 
i:-53. any action. 

corporation not Section 1. Bt 'it enacted by the people, of the state of 
8JEffi£" Illinois, represented in the General Assembly, That no 
corporation shall hereafter interpose the defence of usury 
in any action. % 

D«mtion of the § 2. The term corporation, as used in this act, shall 
&" oorpora " be construed to include all associations and joint stock 
companies, having any of the powers and privileges of cor- 
porations not possessed by individuals or partnerships. 
§ 3. This act shall take effect from and after its passage. 
Approved February 11, 1853. 



35 



1853. 



AN ACT to ^McDono^h county to the fifteenth judicial circuit, and m ZZ *». u> 

fixing the times of holding courts in said county. 1853. 

Section 1. Be it enacted by the people of the state of 
Llmois, represented in the General Assembly, That from 
and after the passage of this act, the county of McDonougl, **>«">«!*, «t- 
Shall constitute part of the fifteenth judicial circuit; and SSSt *° ^ 
the times tor holdmg courts in said countv, on the first 
Mondays in May and September in each year. 

§ 2. This act to take effect and be in force from and 
alter its passage. 

Approved February 11th, 1853. 



AN ACT for the assessment of property. 

Section 1. Be it enacted by the people of the state or 
Illinois, represented in the General Assembly, That all 
property, whether real or personal, in this stale; all mo - Property .^ 
neys, credits, investments in bonus, stocks, joint-stock Eotaxatlon " 
companies, or otherwise, of persons residing in this state 
or used or controlled by persons residing in this state ■ the 
property of corporations now existing or hereafter created 
and the property of all banks, or banking companies, now 
existing, or hereafter created, and of all bankers and bro- 
kers except such property as is hereinafter expressly ex- 
empted, shall be subject to taxation; and such property 
moneys, credits, investments in bonds, stocks, joint-stock 
compam.es, or otherwise, or the value thereof, shall be enter- 
ed on the list of taxable property, for that purpose, in tin 
manner prescribed in this act. 



le 



DEFINITION! 



1 proper*;.- 



§ 8. The terms "real property" and "land," wherever. , 
used in this act, shall be held to mean and include not only" 1 
the land itseif, whether laid out in town lots or otherwise 
with all things contained therein, but, also, all buildings! 
structures and improvements, and other fixtures, of what- 
soever kind, thereon, and all rights and privileges belong- 
ing or m any wise pertaining thereto. The term "invest- 
ments in bonds wherever used in this act, shall be held In , ve9t , meDts ta 
to mean and include all moneys invested in bonds, of what- 
soever kind, whether issued by incorporated or unincor- 
porated companies, towns, cities, counties, states, or other 
corporations, or by the United States, held or controlled 
by persons residing in this state, whether for themselves 
or as guardians, trustees or agents, on which the holder 
thereof is receiving or is entitled to receive interest. The im-e.nr 
term "investment in stocks," wherever used in this act = 



Inves'ments in 



1853. 



36 



shall be held to mean and include all moneys invested ui 
the public stocks of this or any other state, or of the Uni- 
ted States, or in any association, corporation, joint-stock 
company, or otherwise, the stock or capital of which 
may be divided into shares, which arc transferable b) the 
owner, without the consent of the other partners or stock- 
holders, for the taxation of which no special provision is 
made by this act, held by persons residing in this state, 
either for themselves, or as guardians trustees, or agents. 
The term "oath," wherever used in this act, shall be held 
to' mean oath or affirmation. Every word in this act im- 
porting the masculine gender, may extend and be applied 
o females as well as males. The term "personal prop- 
Pe ,onai proper- erty," wherever used in this act, .hall be held to mean and 
include every tangible thing, being the subject ot owner- 
ship whether animate or inanimate, other than money, and 
not forming part of any parcel of real P">perty, as herein- 
before defined. The capital stock, undivided profits, and 
all other means, not forming part of the capital stock ot 
every company, whether incorporated or unincorporated, 
and every share, portion, or interest in such stock, profits, 
or means, by whatsoever name they may be designated, 
inclusive of every share or portion, right, or interest, either 
legal or equitable, in and to every ship, vessel, or boat, of 
whatsoever name or description, used or designed to be 
used, either exclusively or partially, in navigating any ot 
the waters within or bordering on this state, whether such 
ship, vessel, or boat shall be within the jurisdiction of this 
state, or elsewhere, and whether the same shall have been 
enrolled, registered or licensed at any collector s office, or 
within any county or collector's district in this state or 
not. The term "money" or "moneys," wherever used in 
this act, shall be held to mean gold and silver com, and 
bank notes in actual possession, and every deposite which 
the person owning, holding in trust, or having the I 
cial interest therein, is entitled to withdraw in money on 
demand. The term "credits," wherever used in this act 
shall be held to mean and include every claim or demand 
for money, labor, or other valuable tiling, due or to be- 
come due', or every annuity, or sum oi D ; able 
at stated periods, and all money invested m prop, 
any kind which is secured by dv, ( \, mortgage, or 
wise, which the person holding such ^vcd, or m 
evidence of claim, is bound by any lease, contract or 
agreement, to reconvey, release, or assign upon the pay- 
ment of any specific sum or sums : Provided, that pensions 
receivable from the United States, or from any state, sala- 
ries or payments expected to be received tor labor or ser- 
vices to 1 be performed or rendered, shall not be held to be 
annuities within the meaning of this act. The term "prop- 



37 1853. 

erty," wherever used in this act, shall be held to mean Term «prop«- 
and include every tangible thine being the subject of ow- 
nership, whether animate or inanimate, real or personal. 

PROPERTY EXEMPT FROM TAXATION. 

§ 3. All property described in this section, to the ex- Exemption. 
ten herein limited, shall be exempt from taxation ; that is 
to say— 

First. All lands donated for school purposes, and not Schools, colleges, 
sold or leased. All public school houses, and houses used &c " 
exclusively for public worship, the books and furniture 
therein, and the grounds attached to such building necessa- 
ry ior the proper occupancy, use and enjoyment of the 
same, and not leased or otherwise used with a view to 
profit. All colleges, academies ; all endowments made for 
their support; all buildings connected with the same, and 
all lands connected with institutions of learning, not used 
with a view to profit. This provision shall not extend to 
leasehold estates of real property, held under the authority 
of any college or university of learning. 

• iid. All lands used exclusively as grave-yards, or Burial grounds, 
grounds for burying the dead. 

Third. All government lands belonging to the United Government an* 
States, and all property, whether real or personal, belong- Bwamp laad6m 
ing to this state, and all the swamp and overflowed lands 
belonging to the several counties of this state, so long as the 
gam may remain unsold by such counties. 

Fourth. All buildings belonging to counties, used for county property. 
holding courts, for jails, or for county offices, with the 
ground on which such buildings are erected, not exceeding 
in any county ten acres. 

Fifth. All lands, houses, and other buildings belonging Aims houses, 
to any county, town, or city, used exclusively for the ac- 
commodation or the support of the poor. 

Sixth. All buildings, with the furniture appertaining Bmwmpsof char- 
thereto, belonging to institutions of purely public charity, 5,-^ instm> 
together with the lands actually occupied by such institu- 
tions, not leased or otherwise used with a view to profit; 
and all moneys and credits appropriated solely to sustain- 
ing and belonging exclusively to such institutions. 

Seventh. All fire engines, and other implements used for Fire apparatus. 
the extinguishment of fires, with the buildings used exclu- 
sively for the safe keeping thereof, and for the meetings of 
fir.' companies, whether belonging to any town, or to any 
fin company organized therein. 

Eighth. All market houses, public squares, or other public grounts. 
public grounds, used exclusively for public purposes; and 
all works, machinery, and fixtures, belonging exclusively 
to any town or city, and used exclusively for conveying 
water to such town or city. 



1853. 38 

Ninth. No person shall be required to list a greater por- 
" lit? " tion of any credits that he believes will be received or can 
be collected ; nor any greater portion of any obligation 
given to secure the payment of rent, than the amount that 
shall have accrued on the lease, and shall remain unpaid at 
the time of such listing, No person shall be required to 
include iu his statement, as a part of the personal property, 
moneys, credits, investments in bonds, stocks, joint-stock 
or otherwise, which he is required to list, any 
share or portion of the capital stock or property of any 
company or corporation which is required to list or return 
its capital and property for taxation in this s'.ate, nor shall 
any partner be required to list or return any property, li- 
ability or supposed balance of said partnership due him, 
the property, effects, and credits of said partnership being 
listed by any other partner. 

BY WHOM, WHERE, AND IN WHAT MANNER PROPERTY 
SHALL BE LISTED. 



Prnjiert.v, how 
listed. 



§ 4. Every person of full age and sound mind, not a 
married women, shall list the real property of which he is the 
owner, situate in the town or district in which he resides, the 
personal property of which he is the owner, all moneys in 
his possession, money loaned or invested, and all other 
property of which he is the owner; and he shall also list all 
moneys invested, loaned, or otherwise controlled by him, 
as the agent or attorney, or on account of any other person 
or persons, company or corporation whatsoever, and all 
moneys deposited, subject to his order, check or draft, and 
credits due from or owing by any person or persons, body 
corporate or politic, whether in or out of such county. The 
property of every ward shall be listed by his guardian ; of 
every minor child, idiot or lunatic, having no other guar- 
dian, by his father, if living, if not, by his mother, if living, 
an 1 if neither father nor mother be living, by the person 
having such property in charge; of every wife, by her hus- 
band, if of sound mind, if not, by herself; of every person 
for whose benefit property is held in trust, by the trustee; 
of the estate of a deceased person, by the executor or ad- 
ministrator; of corporations whose assets are in the hands 
of receivers, by such receivers; of every company, firm, 
body politic or corporate, by the president or principal ac- 
counting officer, partner, or agent thereof. Every person 
required to list property on behalf of others, by the provi- 
sions of this act, shall list it in the same county, town, or 
district in which he would be required to list it if such 
property were his own ; but he shall list it separately from 
his own, specifying in each case the name of the person, 
estate, company or corporation to whom it belongs. Real 



39 



1853. 



meat of per- 
sonal propwsy 
required. 



property shall be listed in the comity, town, or district 
where it belongs ; personal property, moneys, and credits, 
except such as is required to be listed otherwise, shall be 
listed in the county, town, or district where the owner re- 
sides ; the property of banks or bankers, brokers, stock- 
jobbers, insurance or other companies, merchants, and 
manufacturers, shall be listed in the county, town or dis- 
trict where their business is usually done: Provided, that in p rQ vi«». 
the counties of the Military Tract owners of real estate shall 
not be compelled to return the same if they desire it go to 
sale, and so inform the assessor. 

§ 5. Property held under a lease for a term exceeding Exempted prop 
ten years, belonging to the state, or to any religious, sci- °'' ty taase "- 
entific or benevolent society or institution, whether incor- 
porated or unincorporated, and school and ministerial 
lands, shall be considered, for all purposes of taxation, as 
the property of the person so holding the same, and shall be 
listed as such, by such person, or his agent, as in other cases. 

§ 6. Each person required to list property, shall make certified stats- 
out, sign and deliver to the assessor, when required, a cer- 
tified statement of all the personal property, moneys, 
credits, investments in bonds, stocks, joint-stock compa- 
nies, or otherwise, in his possession, or under the control 
of such person, which he is required to list for taxation, 
either as owner or holder thereof, or as guardian, parent, 
husband, trustee, executor, administrator, receiver, ac- 
counting officer, partner, agent or factor. Personal pro- 
perty shall be listed with reference to the quantity on hand 
and owned on the first day of May in the year for which 
the property is required to be listed, including the proper- 
ty purcliaseS on that day. 

^ 7. Such statement shall truly and distinctly set forth: 

First. The number of horses, and the value thereof. 

Second. The number of neat cattle, and the value thereof. 

Third. The number of mules and asses, and the value 
thereof. 

Fourth. The number of sheep, and the value thereof. 

Fifth. The number of hogs, and the value thereof. 

Sixth. Every carriage and wagon, of whatsoever kind, 
and the value thereof. 

Seventh. Every watch and clock, and the value thereof. 

Eighth. Every piano forte, and the value thereof. 

JVinth The value of the goods and merchandise which 
such person is required to list as a merchant. 

Tenth. The value of the property which such such per- 
son is required to list as a banker, broker or stock-jobber. 

Eleventh. The value of materials and manufactured arti- 
cles which such person is required to list as a manufacturer. 

Twelfth. The value of moneys and credits required to 
be listed. 



1853. 



40 



False or fraudu 

leivt stati ini.in 



Thirteenth. The value of moneys invested in bonds, 
stocks, joint-stock companies, or otherwise, which such 
person is required to list. 

Fourteenth. The total value of all other personal proper- 
ty, including household furniture : Provided, that the value 
of such property shall be determined by the assessor. 

§ 8. If any person shall give a false and fraudulent list, 
or shall refuse to deliver to the assessor, when called on for 
that purpose, a list of his or her taxable property, as required 
by law, and the said assessor, as a penalty therefor, shall 
assess the property of such person at double its value ; and 
if said assessor shall neglect or refuse so to do, he shall be 
liable in each case to a penalty of fifty dollars, to be recov- 
ered at the suit of any person who may sue for the same. 
§ 9. If the assessor believes that any property has been 
nea assess- valued at less than its true value, in accordance with the 
?ut?rt°*lsZ- rules and customs of valuing property for taxation, he shall 
Sor - value and charge such property at its true value, and shall 

notify the person listing such property of such increased 
valuation. 



BULKS FOR VALUING PROPERTY. 



Properly, how 



§ 10. Each separate parcel of real property shall be val- 
ued at its true value in money, excluding the value of crops 
growing thereon; but the price for which such real prop- 
erty would sell at a forced sale shall not be taken as the 
criterion of such value. Each tract or lot of real property 
belonging to this state, or to any county, city, town, or 
charitable institution, whether incorporated or unincorpora- 
ted, and school or ministerial lands, held under lease for a 
term exceeding ten years, shall be valued at such price as 
the assessor believes could be obtained at private sale for 
such leasehold estate. Personal property of every des- 
cription shall be valued at the usual selling price of similar 
property at the time of listing, ami in the county where the 
same may then be ; anil if there be no usual selling price 
known to the person whose duty it shall be to fix a value 
id, then at such price as it is believed could be obtain- 
erefor in money at such time and place. Investments 
in bonds, stocks, joint-stock companies, or otherwise, shall 
be valued at the true value thereof in money. Money, 
whether in possession or on deposite, shall be entered in 
the statement at the full amount thereof: Provided, that 
depreciated hank notes shall be entered at their current 
value. Every credit for a sum certain, payable either in 
money or property of any kind, shall be valued at the full 
price of the sum so payable ; if for a specific article, or for 
a specified number or quantity of any article or articles of 
property, or for a certain amount of labor done, or for ser- 



41 1853. 

vices of any kind rendered, it shall be valued at the current 
price of such property, or of such labor or service, at the 
place payable. Annuities, or moneys receivable at stated 
periods, shall be valued at the price which the person list- 
ing the same believes them to be worth in money. 

OF DEDUCTIONS MADE FROM MONEYS AND CREDITS. 

§11. In making up the amount of moneys and credits Deductions. 
which any person is required to list for himself, or any oth- 
er person, company or corporation, he shall be entitled to 
from the gross amount of moneys and credits, the 
amount of all bona fide debts owing by such person, com- 
pany or corporation, to any other person, company, or cor- 
poration, for a consideration received ; but no acknowleag- 
ment of indebtedness not founded on actual consideration, 
believed when received to have been adequate, and no such 
acknowledgment made for the purpose of being so deduct- 
ed shall be considered a debt within the meaning of this 
section; and so much only of any liability, as surety for 
others, shall be deducted as the person making out the 
statement believes the surety is legally and equitably bound 
to pay, and so much only as he believes such surety will 
be compelled to pay on account of the inability or insol- 
vency of the principal debtor ; and if there are other sure- 
ties, who are able to contribute, then only so much as the 
surety in whose behalf the statement is made will be bound 
to contribute: Provided, that nothing in this section shall B - n - s excluded, 
be so construed as to apply to any bank, company or cor- 
poration exercising banking powers or privileges. 

§ 12. No person, company or corporation, shall be en- Further txcep- 
titled to any deduction on account of any bond, note, or 
obligation cf any kind, given to any mutual insurance com- 
pany, nor on account of any unpaid subscription to any re- 
ligious, literary, scientific, or charitable institution, or so- 
ciety ; nor on account of any subscription to or instalment 
pa} able on the capital stock of any company, whether in- 
corporated or unincorporated. 

OF LISTrNG AND VALUING THE PROPERTY OF MERCHANTS AND 
MANUFACTURERS, AND OF BANKERS, EXCHANGE BROKERS, 

AND STOCK-JOBBERS. 

I • 

§ 12. Every person that shall own, or have in his pos- Assessment of 
session, or subject to his control, any personal property ffi^ ofI1 
within this»state, with authority to sell the same, which 
shall have been purchased in or out of this state, with a 
view to being sold at an advanced price or profit, or which 
shall have been consigned to him from any place out of this 
state, for the purpose of being sold at any place within this 



manufactu- 
rers, &c. 



1853. 42 

state, shall be held to be a merchant; and when he shall 
be by this act required to make out and deliver to the as- 
sessor a statement of his other personal property, he shall 
state the value of such property appertaining to his busi- 
ness as a merchant ; and in estimating the value thereof, he 
shail take as the criterion the average value of all such ar- 
ticles of personal property which he shall have had from 
time to time in his possession, or under his control, during 
the year next previous to the time of making such state- 
ment, if he shall have been so long engaged in business, and 
if not, then during such time as he shall have been so en- 
gaged ; and the average shall be made up by taking the 
amount in value on hand, as nearly as may be, in each 
month of the next preceding year in which the person ma- 
king such statement shall have been in business, adding to- 
gether such amount, and dividing the aggregate amount 
thereof by the number of months that the person making 
the statement may have been in business during the prece- 
ding year : Provided, that no consignee shall be required 
to list for taxation the value of any property, the product 
of this state, which shaii have been consigned to him for 
sale, or otherwise, from any place within the state, nor the 
value of any property consigned to him from any other 
place for the sole purpose of being .stored or forwarded : 
Provided, lie shall in either case have no interest in such 
property, or any profit to be derived from its sale ; and the 
word person, as used in this and the succeeding sections, 
shall be held to mean and include firm, company and incor- 
poration. 

S 14. Every person who shall purchase, receive or hold 

Who are manu- 3 J * . 1 , ' 

lactwrors. personal property of any description, tor the purpose of 
adding to the value thereof, by any process of manufactur- 
ing, refining, rectifying, or by the combination of different 
materials, with the view of making a gain or profit by so 
doing, shall be held to be a manufacturer ; and he shall, 
when he is required to make out and deliver to the asses- 
sor a statement of the amount of his other personal prop- 
Manufacturing erty subject to taxation, also include in his statement tiie 

assessment. 6 average value, estimated as provided in the preceding sec- 
tion, of all articles purchased or otherwise held for the 
purpose of being used, in whole or in part, in any process 
or operation of manufacturing, combining, rectifying, or 
refining, which from time to time he shall have had on 
hand during the year next previous to the time of making 
such statement, if he shall have been so long engaged in 
such manufacturing business, and if not, then*during the 

Products of tins time he shall have been so engaged: Provided, that from 

state excluded. ^ vfdue of propertVj being { he pro d nct f this state, the 

merchant or manufacturer listing the same shall be entitled 
to deduct the amount owing by him for such property, or 



43 1853. 

for moneys invested therein: sflnd provided further, that 
from the value of property, being the product or stock of 
this stale, the farmer or dealer listing the same shall be 
entitled to deduct the amount owing by him for such pro- 
perty, or for moneys invested therein. 

§ 15. Every person owning a manufacturing estab- MaoUnery t0 be 
lishment of any kind, and every manufacturer, shall list, as listed - 
a part of his manufacturer's stock, the value of all engines 
and machinery of every description, used or designed to be 
used in any process of refining or manufacturing, (except 
such fixtures as shall have been considered as part of any 
parcel or parcels of real property,) including all tools and 
implements of every kind, used or designed to be used for 
the aforesaid purposes. 

§ 16. Everv person who shall have money employed in what constitute* 
the business of dealing in coin, notes, or bills of exchange, £er' a &c? r ' lw> ~ 
or in the business of dealing in, or buying or selling any 
kind of bills of exchange, checks, drafts, bank notes, pro- 
missory notes, bonds, or other writing obligatory, or stocks 
of any kind or description whatsoever, shall be held to be 
a banker, broker or stock-jobber; and he shall, when he is 
required to make out and deliver to the assessor a state- 
ment of the amount or value of his other personal property 
subject to taxation, also include in his statement the average 
value, estimated as provided in the thirteenth section of this 
act, of all moneys, notes, bills of exchange, bonds, stocks, "or^tatemeinoit 
or other property, appertaining to his business as a banker, i , ^' sonal proper- 
broker, or stock-jobber, which he shall have had from time 
time in his possession, or under his control, during the year 
next previous to the time of making such statement, if he 
shall have been so long engaged in such business, and if 
not, then during the time he shall have been so engaged. 

§ 17. That when any person shall commence merchan- Merchants to 
dising in any county after the first day of May in any year, ™port. addltWbo1 
the average value of whose personal property employed in 
merchandising shall not have been previously entered on 
the assessor's list for taxation in said county, said person 
shall report to the clerk of the county, who shall enter the 
same upon the tax list, the probable average value of the 
personal property by him intended to be employed in mer- 
chandising until the first of May thereafter, and shall pay 
to the collector of such county a sum which shall bear the 
same proportion to the levy for all purposes, on the average 
value so employed, as the time from the day on which he 
shall commence merchandising as aforesaid, to the first of 
May next succeeding, shall bear to one year : Provided., 
that if the person so listing his merchant's capital shall pre- 
sent a bona fide receipt from the collector of any county 
in which such merchant's capital had been previously listed 
and taxed for the amount of the taxes assessed, and by him 



1853. 44 

paid on the same capital for the same year, then and in that 
case it shall be a receipt from paying taxes again on such 
capital: Provided further, that if the tax list had been 
delivered to the collector before the receipt of such report, 
it shall be the duty of the clerk, within ten days after re- 
ceiving any such report, to charge the same to the collec- 
tor, and to notify such collector of the amount so charged, 
who shall collect and pay over said amount in like manner, 
as near as may be, as if it had been regularly entered on 
the tax list 
mdbro- § 18- That when any person shall commence or engage 

diuonaiwon!" m ^ ie business of dealing in stocks of any description, or in 
buying or selling any kind of bills of exchange, checks, 
drafts, bank notes, promissory notes, or other kind of wri- 
ting obligatory, as mentioned in the sixteenth section of this 
act, after the first day of May, in any year, the average 
value of whose personal property employed in such busi- 
ness shall not have been previously entered on the asses- 
sor's list for taxation in said county, such person shall re- 
port to the county clerk of the county the probable average 
value of the property by him intended to be employed in 
such business until the first day of May thereafter; which 
amount shall be entered on the tax list, and the taxes col- 
lected as in other cases. 
... § 19. That if any person shall commence or engage in 

ure t u report, the business of merchandising, banking, brokerage or stock- 
jobbing aforesaid, and shall not Within one month thereaf- 
ter list his property as before required, he shall forfeit and 
pay, in addition to the taxes authorized by law, a tax of two 
per cent, on the value of the personal property by him so 
employed, for the use of the county, to be charged and col- 
lected in like manner as other taxes ; said value to be ascer- 
tained, as near as may be, by the assessor, or if lie has made 
return of the assessment list, then by the clerk. 

OF LISTING AND VALUING THE PROPERTY OE LAN'KS AND 
BANKING COMPANIES, AND OTHER CORPORATIONS. 

usung of pr..))- § 20. It shall be the duty of the president and cashier 
of every bank or banking company that shall have been or 

companies and J o r J 

tions. may be hereatter incorporated by the laws of this state, and 
having the right to issue bills for circulation as money, to 
make out and return to the bank commissioners, in the 
month of May annually, a written statement, containing the 
average amount of notes and bills discounted or purchased 
by such bank or banking company, which amount shall in- 
clude all the loans or discounts of such bank or banking 
company, whether originally made or renewed during the 
year next preceding the first of May aforesaid, or at any 
time previous, whether made on bills of exchange, notes, 



45 1853. 



bonds, mortgages, or any other evidence of indebtedness at 
then- actual value in money, whether due pfevmus to du 
rmg or after the period aforesaid, and on which K ban k ?, 
banking company has at any time reserved or received or 

ever e H "t^ "* ^ ° T ° ther c °™<^atio* what- 
ever, either m the shape of interest, discount, exchange or 
otherwise Stocks deposited with the state treasure/shal 
be valued at he rate at which they are deposited The 
bank commissioners shall proceed to ascertain the amount 
of the property valued in accordance with the provisions 
of this act, and make return thereof to the auditor who 
shall report the same to the clerk of the proper count 
and said clerk shall enter the same on the tax list for t«£ 

tJLJ? f certain the amount of the notes and bill 



N tes a 



discounted and purchased an'daH oth / Lct^rl sof ^ 
every description, belonging to such bank or bLkiitcom ' 
pany and liable to taxation, there shall be taken as°a cl 
tenon the average amount of the aforesaid items for each 
month during the year next previous to the time of makW 
such statement, if such bank or banking company shall 
nave been so long engaged in business, and if notfthen du 
nng such time as such bank or banking company hall have 
been engaged in business; and the average shall be made 
bj adding together the amount so found belonging to "uch 
bank or banking company in each month said ba°nkYr bal- 
ing company was so engaged in business, and dividW the 
-me by the number of months said bank or tnk t f om ! 
pany was thus engaged in business. 8 

ingM^errrev^ 10161 -!' 'T^' or P ri ^ipal account- «o« co MpaB 

in oflicerof e , ery railroad company, turnpike or plank 

road company, insurance company, telegraph company 11 

o her joint-stock company, exLpt' corpo^tions wKVa 

ation s specifically provided for by law, for whatever pur 

pose they may have been created, whether incorporated bv 

an law of tins state or not, shall list for taxation at its 

S^MiS r d p r onal p-p-ty, mo ^ s a lnd 

ciecut. within this state, in the manner following • 

In ail cases return shall be made to the assessor of each Bet™ 
0* the respective counties where such property I ' 

^uated . a ^ property mayj e 

izzz^ h is situated in each —<>-> *-> «%, 0" 

The value of all moveable property shall be added to the.r 

to" e°d to J sn n i "''I P r Pei " ty ^ Feal 6State ' and appo !"r We -- 
tioned to such wards, towns, cities, and counties prorata 

pertj in said ward, town, city or county. The capital 

whPrP« ^^ C -° m f anieS 8ha " be a »"«ed in the town 
where their principal office is located. 



1853. 



46 



Ia ca.e of fa l30 If the county assessor to whom returns are made is of 
valuations. op i luon that false or incorrect valuations have been mrde, 
or that the property of the corporation or association has 
not been listed at its full value, or that it has not been list- 
ed in the location where it properly belongs, or in cases 
where no return has been made to the county assessor, lie 
is hereby required to proceed to have the same valued and 
assessed in the same manner as is prescribed in the several 
sections of this act regulating the duties of county asses- 
sors in cases of refusal or neglect to list property : / rovt- 
ded ihat every agency of an insurance company, incorpo- 
rated by the authority of any other state or government, 
shall return to the assessor of the county in which the oi- 
fice or agency of such company may be kept, in the month 
of May, annually, the amount of the gross receipts of such 
agency, which shall be entered on the tax list of the pro- 
per county, and subject to the same rate of taxation lor all 
purposes that other personal property is subject to at the 
place where located. 

ASSESSORS— THEIR DUTIES— WHEN PROPERTY TO BE ASSES- 
SED, &C. 

§ 23. All property, except real property, shall be as- 
sessed annually; real property shall be assessed, as provi- 
ded for by this act, in the year 1853, and every two years 
thereafter, until otherwise provided for by law. 

5 24. The treasurer of each county shall be ex officio 
the assessor. He shall, at the December term of the coun- 
ty court next succeeding his election, or so soon thereafter 
as practicable, execute and tile with the clerk of the coun- 
ty court a good and sufficient bond, in addition to lus bond 
as treasurer, in the penal sum of one thousand dollar::, with 
security, to be approved by the county court, and condi- 
tioned for the faithful performance of all the duties required 
of him by law as such assessor. And every deputy asses- 
sor, or person appointed to the office of assessor to fill a 
vacancy, shall, before he enters upon the discharge of the 
duties of such assessor or deputy assessor, execute bond, 
and qualify in like manner as the assessor, and shall be en- 
titled to the same compensation, and be subject to the same 
liabilities and penalties. 

§ 25. Every assessor, before he enters upon the duties 
of his office, shall take and subscribe an oath that he will, 
according to the best of his judgment, skill and ability, dil- 
igently, faithfully and impartially, perform all the duties 
enjoined on him as such assessor. 
Ei treasurer fails $ 26. If any person elected to the office of treasurer 
$£££?" shall fail to give bond, or shall neglect or refuse to take 
an oath as required by this act, his office shall be consider- 
ed vacant, and the county court shall fill such vacancy by 



Assessment of 
read property. 



Non-resident 

lands and lots. 



Assessor's official 
oath. 



47 



1853. 



;>'iim assistants. 



the appointment of some suitable person, who shall qualify 
and discharge the duties of such treasurer and assessor, in 
like manner as if he had been regularly elected to said office 
until one is elected and qualified. 

§ 27. If an j assessor, for any cause whatever, shall be Assessor 
unable to perform the duties required of him within the pointas 
time required by law, he may, by and with the advice and 
consent of the county court, appoint one or more suitable 
persons to act as deputies, and assist him in making such 
assessment: Provided, that in all such cases, the assessor 
shall designate the district or portion of the county bound- 
ed by township or section lines, which such deputy or 
deputies are authorized to assess, and each assessor and 
deputy assessor shall assess ail the property required to 
be assessed within his district ; and when real property is 
to be assessed, he shall list all such real property as resi- 
dents within his district are required to list for taxation in 
such county, but he shall enter each tract or parcel of real 
property so listed and lying out of his district in a separate 
list, to the end that it may be easily compared, and the val- 
ue corrected by the lists of other assessors in the same 
county ; and when return is made to the principal assessor, 
he shall correct the lists, so as to prevent double assess- 
ments, and that the property may be listed at its true val- 
ue : Provided further, that it shall be the duty of assessors 
to advise with and instruct their deputies as to the basis 
and rule of valuing property, so that the valuation of the 
property in the several districts will bear a just and equi- 
table proportion to each other. 

§28, The assessor shall, without delay, after being when assessor to 
furnished with the necessary blanks, proceed to take a list UsU 
at the taxable property in his town, and assess the value 
thereof, in the manner following, to wit : 

He shall call at the office, place of doing business, or„ , 
residence of each person required by this act to list prop- ™»t.° f 8SMM " 
erty, and shall require such person to make a correct state- 
ment of his taxable property, in accordance with the pro- 
visions of this act; and the assessor, or the person listing 
the property, shall enter a true and correct statement of 
such property, and the value thereof, in a printed or writ- 
ten blank prepared for that purpose ; which statement, 
alter being filled out, shall be signed by the person listing 
the property, and delivered to the assessor. 

5 29. If any person required by this act to list property Shou]d owirr Up 
shall be sick or absent when the assessor calls for a hst of -SSrS*? 
his property, the assessor shall leave at the office, usual 
place of residence or business of such person, a written or 
printed notice, requiring such person to make out and 
leave at the usual place of collecting taxes in that precinct, 
or at the office of said assessor, on or before some conve- 



e 
men 

Refusal to list R 



1853. 48 

merit day named therein, a statement of the property which 
he is required to list, and shall leave with such notice a 
printed or written blank forthe statement required of such 
person. The date of leaving such notice, and the name of 
the person required to list the property, shall be carefully 
noted by the assessor in a book to be kept for that purpose ; 
and if any such person shall neglect or refuse to deliver the 
statement, properly made out and signed as required, the 
assessor shall make the assessment as required by this act. 
oshaii § 30. Assessors and deputy assessors, justices of the 
administer. p Pace an( j clerks of the county courts, are authorized and 
mpowered to administer any oath relating to the assess- 
* t of property required by tins act. 
31. In every case where any person shall refuse to 
make out and deliver to the assessor a statement of the per- 
sonal property, moneys and credits which lie is required to 
list, as provided by this act, the assessor shall, in every such 
case, proceed to ascertain the number of each description of 
the several articles of personal property subject to taxation 
enumerated in this act, the value thereof, the value of the 
personal property subject to taxation, other than enumerated 
articles, and the value of the moneys and credits of which 
a statement shall have been withheld as aforesaid, as the 
case may require ; and to enable him so to do, he is hereby 
authorized to examine on oath any person whom he may 
suppose, to have knowledge of the amount or value of the 
personal property, moneys or credits, which the person so 
refusing was required to list. 
fcercsRi to give § 32. If any person who shall be required by the as- 
eviuwco. seS sor to give evidence, as provided in the preceding sec- 

tion, shall refuse to be sworn by the assessor, or having 
been sworn, if he shall refuse to answer such questions as 
the assessor shall put to him touching the subject of inquiry, 
any justice of the peace of the town or district, to whom 
the assessor may make application therefor, shall summon 
such person to appear before him at such time as the 
sor shall designate, and answer on oath all pertinent ques- 
tions which may be put to him by the assessor or his order, 
touching thl amount and valui ersonal property, 

monevs "and credits which the person required to list the 
same'on oath has refused to list; and every constable and 
witness shall be subj"ct to the same penalties for rev 
neglect to obey the process of such justice, as they are by 
law subject to* for refusing to obey the process of justices 
of the peace in civil cases ; and shall receive the same fees 
allowed for like services in civil cases, and such justice of 
the peace shall immediately proceed to enter judgment for 
all such fees and for his own costs in favor of the state of 
Illinois, against the person who shall have refused to make 
and deliver to the assessor a statement of the property 



49 1853. 

1 — 

by this act, he was required to list, and proceed to 
collect and pay over the Saint . .is in civil i 

i county assessor shall, on or before 1!. \ 
first day of September^ annually*, make out and deliver to ' 
h u ity, in tabular form and alphabetical 

imes of the sev< ns, companies or cor- 

names any personal property, mon 
or credits shall have been listed in li 
priate columns, • 
.: ' value of all articles of personal pro] 
merated in this act, thfe value of all hon-cnumeral 

:onal property, other than tiie stock of merchanl 
manufacturers, the value of mercharil 
"stock, and the value of the moneys and 
said ■. 

li ricved by 

•nt ot nis property, or oi property which he is requir- 
ed to li September term of the county court, 
; : are not return 
term of said court after si lists 
e clerk, ; 
tion o( 

nation of tin r< is too ! :du :- 

tion shall be made as the right of the case may require; 
but the court shall require the person making such appli- 
cation to prove the facts in the case by his own oath, or 
some credi e . \nd if any pers< 

»roj ■ wl icl tibt proper^ 

! le to taxation he may n • [cation as 

• id, audi the court may hear and determine the mat- 
ter as in cases of over-assessment; but if the court shall 

pi .;< not liable to taxation 

the question as to the liability of such property to taxation 
has not been previously settled, the decision of said court 
shall not be final, unless approved by the auditor of p 
accounts ; and it shall be the duty of the county c 
in all such cages, to make out and forward to the auditor 
a full and complete statement of all the facts in the case. 
If the auditor is satisfied that such property is not legally 
liable to taxation, he shall notify the clerk of his approval 
of the decision of the court, and the said eleik shall cor- 
rect the assessment accordingly. But if the auditor be- 
lieves the court has erred in deciding that such prop- 
erty was not liable to taxation at the time of making the 
assessment, he shall advise the clerk of his objection to' 
the decision of the court, and give notice to said clerk that 
he will appl}- to the supreme court, at the next term there- 
after, for an order to set aside and reverse the decision of 
the county court. Upon the receipt of such notice, the 
i making t! ion there- 

4 



1853 . 50 

" of. And it shall be the duty of the auditor to me in the 
supreme court a certified statement ot the facts certified 
I . . r- _ -j * +l,o». 1X7-1+1 ln<3 nhipetions 



supreme court a ceiuueu omm ,*~ r * 

by the clerk, as aforesaid, toother with his objections 

thereto, and the court shall hear and determine the mattei, 

as the right of the case may be. 
m , pnwtv § 3ft. In all cases where property is not listed b 3 the 
Hlr by owner, the assessor shall note opposite the name the words 

„, f „,-" b [ 36. eSS Each county assessor shall, at the time he is re- 
property - nuiied bY this act to make his return ol taxable propel tj to 

?he county clerk, also deliver to him all the statements of 
property which he shall have received from persons re- 
1 ui red to list the same, arranged in alphabetical order, and 
U e clerk shall carefully file and preserve the same for one 

ye f .Rv'^Each county assessor shall take and subscribe an 
---oaiwhi'lnt Certified by the magistrate or clerk 
adm , -stering the same, and attached to the return which 
he is required to make to the county clerk, m the folio* ing 
form, as near as may be : , 

t , assessor in the county ol ■> ao SOJ 

emmnly swear that the value of all personal property, mo- 
neys and credits required to be listed for taxation by me is 
truly returned and set forth in the annexed list, and thatm. 
every case I have diligently, and by the best means m my 
Tower, endeavored Ascertain the true amount and value 
of 111 taxable property, moneys and credits ; and that, as I 
verUy believe, the full value thereof, estimated by the rules 
prescribed by said act, is set forth in the list aforesaid ; 
innocase" have I knowingly omitted to assess „ lypr - 
perty which bylaw I am required to assess, nor ha.e : I a 
any way connived at any violation or evasion of any of tW 
J murients of the law in relation to the listing or valuation 
3 property, moneys, or credits of any kind, for taxation. 

ly ' """in consequence of the sickness or absence ol the pel son i 
SSS^-^^Stj it is to make out a statement of 1"""^ C] 
I'rty, moneys and credits, or in consequence of his neglect 
Susal Jmake out and deliver such statement, o ascel 
tain the amount and value of such personal property^ mo- 
neys and credits ; if the assessor shall be unable to ob tain 
no s five evidence of the amount and value of such propj 
L moneys and credits, he shall return such amount a* 
value as from general reputation and Ins own knowledge o 
a ts and circiunstances! he believes to be the full amount 
and value of such property, moneys and credits, 
^eaaor^iv § 39. The assessor, or some suitable person employe* 
by him for that 
containing the r 
ty enumerated. 



clerk 



The assessor, or some suitaoie pei^n ^"t^J-H 
T.ILL^L the value of unenumerated articles, the 



51 1853. 

value of each of the other items of property enumerated in 
the seventh section of this act, and the total value thereof 
and note the aggregate of each column at the bottom there- 
of, and shall make out and deliver to the clerk, with the as- 
sessment list, an abstract of the several footings on each 
page, showing separately the aggregate number and value of 
eaca enumerated article of property, and the value of each 
kind of all other property assessed. The correctness of 
such abstract shall be verified by the oath of the assessor 
or person who shall have made such additions. 

REAL PROPERTY— HOW AND IN WHAT MANNER LISTED. 

JLi ^ *Vw? b r the t 1 ^ ° f 6aCh aSS6SSOr > u P on l 6ngA— *«*. 
furnished with the list and blanks provided for by f » act Ii8t ' 
Irom actual view, or from the best sources of infr rmation 
that can be ootamed, to determine, as nearly as practicable, 
the ,rue value of each separate parcel of real property in his 
district or county, according to the rules prescribed by this 
act for valuing real property, and such value shall be noted 
opposite each parcel of real property, in a column provi- 
ded for that purpose. ' 

™Jl 41 * T + he ass f ss , or 1 sha11 add "P the valuation of the aw™.. a„* 
real property, and shall set down in figures on each page return " 
the total value of the property listed thereon, and shall 
make out a statement showing the aggregate value of the 
lands, and the aggregate value of town lots. The asses- 
sor shal complete the assessment and make return thereof 
to the clerk of the county court, on or before the first Mon- 
day in September, annually. 

§ 42 Each assessor shall take and subscribe an oath, AMeMor ' s ™ tb 
which shall be certified to by the clerk or magistrate admin- ° U Tm - 
istering the same, and attached to the return which he is 
required to make to the county clerk, as near as may be, 
in the following form : J 

Lil' B '' f sessoro , f . the county of ,do solemnly swear 

that the return to which this is attached contains a correct 

t3S? D ! ParCG i ° f red P r °P ert y Sub J ect t0 taxa- 
tion within said county, (or district,) so far as I have been 
able to ascertain the same, and that the value attached to 

IThJT r^ reU f n "' aS l veril y believe > ^e full 
Sprpf ?f' estimated agreeably to the rules prescribed 

ZZl 7° tlG SCt f ° r the assess ™nt of property, and the 
aggregate value, as set forth in the statement returned here- 
with, is true and correct, as I verily believe. 

• *• \ As 1 sessors shal * make out their accounts in detail, A 
giving the date of each day which they shall have been =T - 
employed ; which account they shall verify under oath ■ 
and the county court, if they shall find such account to be 
correct, shall grant an order on the treasurer for the same- 



1853. 



but in no case shall th '^ a " 

tion until he shall have filed his lists of ts, the 

statement! °oks furnished him, in the office of the 

c]erk , :urateljr made out and added up; 

the la- 
bor return in strict compliance with the law: 

1( ss, or for other causes not 
ult of the assessor, to be determine., by the court 

davit of the assessor or other respectable p 
tre to complete the ent within the time re- 

quired by law shall not bar the assessor from receiving 
compenss ■ the work is completed 

§44 No tent of property, or charge tor 

J on account ol any i 
in making the assessment, or m the tax I 
on account of the assessments not being made or c ■ 
ted within the time required by law. 

5. Everv county clerk, and every assessor who 

knowingly neglect to perform 

any by this act, or who shall consent 

to or bonnive evasions of its provisions, where- 

equired by this act shall be prevented 

for taxation shall be unlawfully exempted, or the valua- 

lion be entered upon the tax list at less than ~ vdue 

shall, for every such neg i be liable, indi 

Uy, and on his official b loube the amount 

„ the loss or cl b such neglect or refusal, td 

be recovered in an action of c« ■■ ^VZ 

,unt thereof, and may be removed noin 

. i e , at the discretion of the comity court. 

s 46 In all *e any person, compa 

.oration has, or may hereafter divide any tract ot land m 

less than the one- sixteenth part of a seel 
...... J . i ._. . .. a,„i c,,~l, narcp k cauno ! 



- 



to parcels ie.>» mo.ii ....<- —- l 

otherwise, in such manner that such pan 
scribed in the usual manner of describing lands m 
dance with the surveys made ' nmenl 

with -a view to sell said Ian Is, it shall be lai| 

ful for such per* n 3 or corporation, to cause ^su| 

ands to be surveyed, and a plat thereof made by lies J 
vevor of the county where such lands are situated , whicj 
Jft shall particularly describe and set forth the lots or 
parcels of land surveyed, as aforesaid ; th e lo ts sh all J 
numbered in progressive numbers, and he plat shal sho| 
be number and location of each lot, and the description | 
the tract of land of, which such land is a part, and also he 

a XolLlineachlot -Said plats!, 
L the surveyor, and recorded in like manner as th 
of towns are required to be certified to and rccoi 



53 ; 1S53. 

Lands described in an)- deed or conveyance, or for the 
purpose of taxation, in accordance with the number and 
description set forth in the plat aforesaid, shall be deemed 
a good and valid description of the lot or parcel of land so 
described. 

§ 47. When lands heretofore have been, or may here- Land, i, 
after be subdivided into parcels less than one-six; 
part of a section, or in such manner that they cannot be v ■'■"■ 
easily and properly described, without noting the metes 
and bounds of such tracts, it shall be the duty of the owner 
or owners thereof, when required so to do by the asse 
to cause the same to be-surveyed, and the plat thereof re- 
corded in like manner as is required in the foregoing sec- 
tion ; and if such owner or owners shall refuse or neglect 
to cause such survey to be made within a reasonable time 
after being notified by the assessor,, it shall be the duty of 
the assessor to cause such survey to be made and record- 
I the expense thereof to be returned by the assessor 
to the clerk, who shall add the same, together with 
commissions for collecting, &c, to the tax assessed on such 
real property, and it shall he collected with and in like 
manner as the said tax; and when collected., 
paid on demand to the persons to whom it is due : Pro- 
vided, I Lor shall either file a receipt tor the 
payment thereof with the treasurer, or shall pay the same 
into the county treasury, when he makes settlement for 
the county revenue, to be paid to the proper persons when 
called for. 

. In all cases where the tfoimda fany county Co ur.i 

or counties cannot be correctly ascertained from the plats 
or maps of the original surveys, and Mich boundary lines 
not having been surveyed, it shall be the duty of the 
county court of the counties hounded by any such lines, 
jointly, to cause the same to be surveyed and located in 
accordance with the laws establishing such lines. Tbey 
shall cause a plat or map to be made, showing the correct 
location of the line on each legal subdivision or tract of 
land through which such line may run; which plat, togeth- 
with the field notes of such survey, shall be certified to by 
the surveyor making the survey, under oath, and forward- 
fed to the auditor of public accounts, who shall cause the 
same to be filed and recorded in his office, and a correct 
copy thereof forwarded to the clerk of the county court of 
each of the counties bounded by such line. And said clerk 
shall cause < to be filed in his oiiice, and recoi 

in a sui:able record book, and the line thus surveyed shall 
be the true division line: Provided, that if the county 
court of any county bounded, in part or in whole 
aforesaid, shall neglect or refuse to comply with the re- 
quirements of this section within a reasonable time after 
being requested so to do by the auditor of public accounts, 



1S53. 64 

it shall be the duty of said auditor to cause the said survey 
to be made, it in his opinion the public interest requires it. 
And the expenses of making any such survey, whether 
under the direction of the county authorities or of the aud- 
itor, shall be paid by the counties bounded by such line— 
one-half by each county. 
vhere tract ncs § 49 - For tne p ur P 0Se of taxation, all tracts or parcels 
in' two counties! f l an d, not exceeding one-sixteenth part of a section, shall 
be assessed in the county where the greater part of said 
tract is situated ; and the collector of said county shall 
have the same power and authority to collect the taxes 
due thereon as he would if the whole of said tract were 
within the limits of said county. And in all cases where 
any such tract or tracts shall be equally divided be- 
tween two counties, and the owner thereof be a resi- 
dent of either county, said land shall be assessed in the 
county in which the owner resides; but if the owner be 
not a resident of either county, then the auditor shall de- 
termine in which county the land shall be assessed : Provi- 
ded, that if there be several tracts similarly situated, the 
auditor shall apportion them equally between the counties, 
as near as practicable : Provided, furthermore, that when 
a tract of land containing a half-quarter section, or more, 
is so divided by the county line that by subdividing it into 
quarter-quarter section lots, each county will be entitled 
to the taxes on one or more of said lots, then the tract snail 
be so divided. 
, 10rto 6 50. Government lands entered or located prior to 
taylT" the first day of May, A. D. 1853, shall be taxable for the 
year 1853 ; lands entered or located prior to the first day 
of May, A. D. 1854, shall be taxable for the year 1854, 
and so on annually thereafter. Land sold by the trustees 
Ci ' tan *' of the Illinois and Michigan canal, shall be taxable from 
and after the time that full payment therefor is made. 
, . Mna School, seminary and saline lands sold shall be taxable in 

1001 null buunw •' ' _ _ _ - » , 

'««»■■ like manner as the lands sold by the general government. 

imeraaiimprovt Internal improvement lauds sold prior to the first day of 

u "' ls ' May, A. D. 1848, shall be taxable for the year 1853, and 

annually thereafter. 

§ 51. On the first day of May in each year, or as soon 

^'V'^f e ""thereafter as practicable, the auditor shall obtain from the 
several land offices in this state, abstracts of the lands en- 
tered and located, and not previously obtained, and shall, 
when necessary, obtain from the canal office abstracts of 
the canal lands sold. Upon the receipt of said abstracts, 
the auditor shall cause them to be transcribed into the tract 
books in his office, and shall, without delay, cause abstracts 
of the lands in each county to be made out and forwarded 
by mail to the county clerks of the several counties ; and 
said clerk shall cause such abstracts to be transcribed into 
the tract book, and filed in their office. 



55 1853. 

§ 52. On the first Monday of May, A. D. 1853, and cierk to ,:wiv,r 
every two years thereafter, the clerk of the county court SaLewou 
shall cause to be delivered to the assessor a book or books, 
properly ruled and headed, containing a list of tlie real 
estate in numerical order, with such blank columns us may 
be necessary, for the use of the assessor. The clerk, in 
making out said lists, shall take as his guide the assess- 
ment list of the previous year, and the list of subsequent 
conveyances: Provided, that the list of lands reported in 
the annual abstract shall be furnished to the assessor within 
five days from and after the time such abstract is received 
from the auditor's office. 

§ 53. Every person owning or holding real property on owners on first of 
the first day of May, including all sucli property purchased JK*^ luf 
on that day, shall be liable for the taxes thereon for that 
year; and if any person shall sell and convey any real prop- 
erty on or prior to the first day of May next after the list- 
ing of such real property, he shall, when he lists his per- 
sonal property for the year next after the listing of said 
real property, deliver to the assessor a statement setting 
forth the description of the property sold and conveyed, 
and the name of the purchaser, and he shall list all real 
property purchased by him during the said time; and the 
assessor shall make return thereof to the county clerk, who 
shall make the proper changes in the tax books. Real 
property shall in all cases be liable for the taxes thereon. 

§ 54. The clerk of the county court shall annually, oncierk to furnish 
the first Monday in May, furnish the assessor with a ^t^U"'- 
book or books, properly ruled and headed, for the ab- ^ !al f r ^' eitv - 
stract of the assessment of personal property, and shall, 
at the proper time, furnish such assessor with a list of the 
real estate that may have become taxable subsequent to the 
regular assessment of real estate ; ail property, except real 
property, shall be assessed annually ; real property shall be 
assessed biennially : Provided, that real property becoming 
taxable after the regular assessment of real property, or that 
may have been omitted, shall be assessed for the current 
year at the same time that the personal property is asses- 
sed in the year that the real property is not regularly asses- 
sed, and such property shall be re-assessed the next suc- 
ceeding year with the regular assessment of real property. 

§ 55. It shall be the duty of the auditor of public ac- Auditor to »,r- 
counts to make out and forward to the clerk of the county EJMSi." - 
court of the several counties, for the use of such clerks and 
other officers, suitable forms and instructions for carrying 
this act into effect ; and all such instructions shall be 
strictly complied with by the officers in the performance of 
their respective duties, as required by this act. He shall 
give his opinion and advice on all questions of doubt as to 
the true intent and meaning of the provisions of this act. 



1853. 5S 

- in re- §56. If the assessor should discover any real ] 

subject to taxation, which has not been returned to him by 
e clerk, he shall assess such property, and e ame 

on the assessment list. And if upon the return of such 
to the ch il at any such real property has 

nol ' lie 

clerk to advise the auditor of the fa< ts, 

erty so returned by the assessor, and the auditor shall as- 
certain the true condition of such real property, and ae 
the said clerk thereof, who shall correct the records of his 
office, in accordam ■ cts in the case. 

lDare § 57. It shall be the duty of the clerk, before deliver- 
to the assessor, mch 

!:■ 

property en file in his office, and if it shall appear thai 
h property was omitted in the formi 

,] ir, so that s< 

lete : b itract of all 1 

y- 

•wed two dollars and fifty 
i il 
t ] isesandhor: 

ou t ounty treasury : Provided, that the 

iay allow for any discount or loss, on account of a 
value of. ■ I ts, if in their opm- 

wance. And i 
sor has ch;' 
arily employed in the ■ of the 

Mimed more tirae.tha 
•i ■ to increase his compensation there- 
iluall make sue!) deduction from the amount 
and right. The ch rl 
■ allowed and paid out of the county 
act, and one cent per lot, I 
kirin- out and comparing the abstract of lands and 
the ;, r: Provided, that wl 

tion, half section, quarter section, or hal 

a as the property o p son, company or corpo- 

ration, the clerk shall so leturn it, and shall only be 
ill iu - may ha\ 

purchased by such owner in several pare 
ent times; and when all the town lots in any block shall 
be listed as the property of one person, company or • 
rat { , n0 l be necessary to describe each lot, but 

such prop< s ; ;u "' 

I, I only be allowed the same pa blocks 

as he is allowed i'or town lots. 

i. I : is ad si ill ap] ] to i ; 
ti es n i ,g the act to provide for townshi] 

tion, and shall be in force from and after its passage. 

roved Februan 12, 1853. 



57 1853. 

TACT to pre, >f free negroes into this : state: to force Feb. 12 3 

1863. 

Section 1. Be* it enacted by the people of the state of 

Illinois, represented in the General .Assembly, That if any Ma 

'son or persons shall bring, or cause to be -brought into 

this state, any negro or mulatto slave, whether said slave is 
set free or not, shall be liable to an indictment, and, upon 
conviction thereof, be fined for every such negro or mulat- 
to, a sum not less than one hundred dollars, nor more than 
five hundred dollars, and imprisoned in the county jail not 
more than one year, and shall stand committed until said 
fine and costs are paid. 

§ 2. When an indictment shall be found against any 
person, or persons, who are not r "this state, it 

shall be the duty of the court before whom said indictment 
is pending, upon affidavit being made and filed in said court 
by the prosecuting attorney, or any other credible witness, 
th the non-residence of said def 
frnor ol this state, by causing the clerk of said 
court to tr i the office 'of the secretary of state a 

certified copy of said indictment ai 1 it shall 

be the duty of the governor, upon the receipt of said cop- 
ies, to appoint some suitable person to arrest said defend- 
ant or defendants, in whatever state or county he or they 
may be found, and to commit him or them to the jail of 
the county in which said indictment is pending, there to 
remain and answer said indictment, and be otherwise dealt 

■ accordance with this act. And it shall be the duty Duty r govem- 
of the governor to issue all necessary requisitions, writs, ° r ' 
and papers to the governor or other executive officer of 
the state, territory, or province where such defendant or 
defendants may be found : Provided, that this section shall Proviso - 
not be construed so as to affect persons, or slaves, bona 
fide traveling through this state from and to any other state 
in the United States. 

§ 3. It any negro, or mulatto, bond or free, shall here- laities, 
after come into this state and remain ten days, with the 
evident intention of residing in the same, every such negro 
or mulatto shall be deemed guilty of a high misdemeanor, 
and for the first offence shall be fined the sum of fifty dol- 
lars, to be recovered before any justice of the peace in 
the county where said negro or mulatto may be found. 
Said proceedings shall be in the name of the people of the 
state of Illinois, and shall be tried by a jury of twelve men. 
The person making tiie information or complaint shall not 
be a competent witness upon said trial. 

§ 4. If said negro or mulatto shall be found guilty, and Gouty, to be de- 
tbe fine assessed be not paid forthwith to the justice of the liveredt08heriff - 
peace before whom said proceedings were had, it shall be 
the duty of said justice to commit said negro or mulatto to 



1853. 58 



tlte custody of the sheriff of said county, or otherwise keep 
him, her or them in custody; and said justice shall forth- 
with advertise said negro or mulatto, by posting up notices 
thereof in at least three of the most public places in Ins 
district, which said notices shall be posted up for t< n days, 
sow a> pubuc and on the day and at the time and place mentioned u i said 
•action. advertisement, the said justice shall, at public auction, pro- 

ceed to sell said negro or mulatto to any : >r per- 

sons who will pay said fine and costs, for the shortest tune ; 
and said purchaser shall have the right to compel said ne- 
gro or mulatto to work for and serve out said time, and he 
shall furnish said negro or mulatto with comfortable food, 
clothing and lodging during said servitude. 

second § 5 ' If Said ne § r0 0r ralllatt0 Snali n0t Wlthm ten . d& y S 

prosecution. 0011 a f ter the expiration of his, her or their time of service as 
aforesaid, leave the state, he, she or they shall be liable to 
a second prosecution, in which the penalty to be n 
shall be one hundred dollars, and so on for every subse- 
quent offence the penalty shall be increased filty dollars 
over and above the last penalty inflicted, and the same pro- 
ceedings shall be had in each case as is provided for m the 
preceding sections for the first offence. 
„ S 6 Said negro or mulatto shall have a right to take 

A=! to circuit 9 ^ the 5 circuit court of the count y in which Said 

proceedings shall have been had, within five days a; lev the 
rendition of the judgment, before the justice of the peace, 
bv eivinff bond and security, to be approved by the clerk 
of said 'court to the people of the state of Illinois, and to 
be filed in the office of said clerk within said fivi ays, , m 
double the amount of said fine and costs, conditn ned that 
the party appealing will personally be and appear before 
said circuit court, at the next term thereof, and not depart 
said court without leave, and will pay said fine and all 
costs, if the same shall be so adjudged by said court; and 
said security shall have the right to take said negro or mu- 
latto into custody, and retain the same until tin order oi 
said court is complied with. And if the judgment of the 
iustice of the peace be affirmed in whole or in part, and 
said negro or mulatto be found guilty, the said circuit court 
shall thereupon render judgment against said negro or mu- 
latto and the security or securities on said ap] il bond, 
for the amount of fine so found by the court, and all costs 
of suit, and the clerk of said court shall forthwith issue an 
execution against said defendant and security 
cases, and the sheriff or other officer to whom sa 
tion is directed shall proceed to collect the same 
Proviso. otherwise: Provided, that this section shall not 

strued as to give the security on said appeal bond 

retain the custody of said negro or mulatto for a longer 



l.'R'l".Tty, 



59 1853. 

time than ten days after the rendition of said judgment by 
said circuit court. 

§ 7. In all cases arising under the provisions of this Proaecutw ami- 
act, the prosecuting witness, or person making the com- {^ d toe° ne baIf 
plaint and prosecuting the same, shall be entitled to one 
half of the fine so imposed and collected, and the residue 
of said fine shall be paid into the county treasury of the 
county in which said proceedings were had ; and said fines, 
when so collected, shall be received by said county trea- 
surer and kept by him as a distinct and separate fund, to 
be called the "charity fund," and said fund shall be U sed Charit y funU - 
for the express and only purpose of relieving the poor of 
said county, and shall be paid out by said treasurer upon 
the order of the county court of said county, drawn upon 
him for that purpose. 

§ 8. If after any negro or mulatto shall have been ar- owner to pro™ 
rested under the provisions of this act, any person or per- proper 
( sons shall claim any such negro or mulatto as a slave, the 
owner, by himself, or agent, shall have a right, by giving 
reasonable notice to the officer or person having the cus- 
tody of said negro or mulatto, to appear before the justice 
of the peace before whom said negro or mulatto shall have 
been arrested, and prove his or their right to the custody 
of said negro or mulatto as a slave, and if said justice of 
the peace shall, after hearing the evidence, be satisfied that 
the person or persons claiming said negro or mulatto, is the 
owner of and entitled to the custody of said negro or mu- 
latto, in accordance with the laws of the United States 
passed upon this subject, he shall, upon the owner or agent 
paying all costs up to the time of claiming said negro or 
mulatto, and the costs of proving the same, and also the 
balance of the fine remaining unpaid, give to said owner 
a certificate of said facts, and said owner or agent so 
claiming shall have a right to take and remove said slave 
out of this state. 

§ 9. If any justice of the peace shall refuse to issue ^naity 
any writ of process necessary for the arrest and prosecu- salt ° a ' 
tion of any negro or mulatto, under the provisions of this 
act, upon complaint being made before said justice by any 
resident of his county, and his fees for said service being 
tendered him, shall be deemed guilty of nonfeasance m 
office, and upon conviction thereof punished accordingly ; 
and in all cases where the jury find for the negro or mu- 
latto, or that he, she or they are not guilty under the pro- 
visions of this act, the said justice of the peace shall pro- 
ceed to render judgment against the prosecuting witness, 
or person making the complaint, and shall collect the same 
as other judgments : Provided, that said prosecuting wit- 
ness, or person making said complaint, in case judgment 
is rendered against him, shall have a right to take an appeal 



1853. 60 

to the circuit court, as is provided for in this net in case 
said negro or mulatto is found guilty. 

§ 10. Every person w >urth negro 

blood shall be i . mulatto. 

§ 11. This act shall take effect and be in force from 
and after its • 

Approved February 12, I 



: 




Times of lioM 




courts. 





AN ACT to fix the time of holding courts in the fir reuit. 

Section 1. Be it enacted by the people of the St 

. represented in the General Assembly, That the. 
term of the first judicial circuit te shall be 

held as follows, viz : In the county of Morgan, on the third 
y in March; in the county of Scott, on the first 
Monday in April ; in the county of Greene, on the second 
Monday in April ; in the county of Macoupin, on theiburth 
Monday in April; m the county of Jersey, on the second 
ly in May; in the county of Calhoun, on the third 
v in May, and in the c ihe fourth 

Monday in May. And the fall term of said circuit shall be 
held as follows, viz : In the county of Macoupin, on the. first 
v in September; in the county of Greene, on the 
second* [Monday] in September; in the f Cal- 

houn, on the third Monday in September; in the county of 
Jersey, on the fourth Monday in September ; in the county 
of Menard, on the first Monday in October; in the county 
of Scott, on the second Monday in October, and in the 
county of Morgan, on the third Monday in October. 

§ 2. All indictments, suits, causes, motions, recogni- 
I other proceedings pending in said courts, shall 
stand for trial, hearing and judgment and disposition at the 
terms of the court fixed by this act, in the- same manner 
and with like effect ■&< if no change had been made in the 
of holding said courts. All recognizanci s, writs and 
process heretofore or hereafter entered into, or issued, or 
returnable to the tern r arranged, 

s | ia ll i I and held to be returnable to the terms 

fixed by this act. New trials maj be granted at the spring 
or fall terms of said courts in all cases, whenever tl.< 
ties would be entitled to such new trial at the spring or 
fall t( rms as now authorized by law. 

The secretary of stale shall cause copies of this 
be transmitted "to the clerk of the circuit court in 
each of said counties, immediately after the approval of 
this act. 



61 1853. 

§ 4. This act to take effect and be in force from and 
after il 

>ruary 12, : 



AN AC - circuit, and to fix the 

holdii ircuit, IS J 3 « 

Section 1. Beit enacted by the people of the state of 
Illinois, represented in the Assembly, That 

couisties of Bond, Fayette, Montgomery, Christi 
Effingham, Moultrie, Macon and Piatt, shall compose a ju 
diciai circuit, to be called the seventeenth judicial circuit 
of the state of Illinois, and that circuit courts shall be hold- 
en at the respective county seats of the said counties at the 
times following, viz : In the county of Montgomery, on th 
first Monday of April and September; in the 
Bond, on the first Mondays thereafter; in the county of 
Fayette, on the Mondays thereafter; in the county of Ef- 
fingham, on the Mondays thereafter; in the county of Shel- 
by, on the Mondays thereafter: in the county of Moultrie, 
on the Mondays thereafter; in the county of Piatt, on the 
days thereai er'; in the county of Macon, on the Mon- 
days thereafter, and in the county of Christian, cm the Mon- 
days thereafter. 

§ 2. Ail writs, subpoenas, recognizances, and other; 
process which have been or may be issued and made re- 
turnable to the terms of the circuit courts in said counties, 
as heretofore required to be holden, shall be deemed and 
taken to be returnable to said terms of the circuit court in 
said counties as herein required to be holden, and ali no- 
tices which may have been given, either by publication or 
otherwise, with reference to the terms as heretofore re- 
quired to be holden, shall, by force of this act, refer to the 
terms of the court required to be held under this act, in 
said counties, and all proceedings pending in said courts 
shall be taken up and proceeded with as if no alteration had 
been made in the times of holding said courts. 

§ 3. On the second Monday of March next, an election Election, 
for a judge and state's attorney for said judicial circuit 
shall be holden, which shall be conducted and returns 
thereof made, certified and canvassed in the manner pro- 
vided by the constitution and laws of this state. Said judge, 
when elected, shall hold his office until the next regular 
and general election forjudges, as provided by the consti- 
. and until his successor shall be elected and qualified. 



1853. 62 

ire. § 4. The said circuit judge, when elected, shall exer- 

cise all the powers, and perform all the duties, and have all 
the jurisdiction and authority now had, or hereafter to be 
required of, or exercised by circuit judges of this state un- 
der the constitution of this state, and shall receive the same 
compensation as other judges are entitled to receive by the 
constitution and laws of this state. 

». § 5. The state's attorney elected under this act shall 

discharge all the duties, and receive the like fees and com- 
pensation tor services as such, as appertain to said office 
by the constitution and laws of this state. 

;(> - § 6. It shall be the duty of the secretary of state to 

cause a certified copy to be immediately transmitted to 
each of the clerks of the circuit and county courts of said 
counties, and the clerks of the county courts of said coun- 
ties shall issue notices for said election to the sheriffs there- 
of respectively ; which notices shall be posted up by them 
in the several precincts, in all respects in like manner as 
provided by the constitution and laws of this state for hold- 
ing general elections thereof. 

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

Approved February 12, 1853. 



ice Feb. 12, AN ACT to fix the time of holding circuit courts in the ninth judicial cir- 
1853. cuit, and to provide for holding certain special terms. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
s of holding time of holding court in the several counties comprising the 
ninth judicial circuit shall be as follows : In the county of 
Kendall, on the second Monday in March and third Mon- 
day in September; in the county of Bureau, on the fourth 
Monday in March, and the first Monday in October, and 
on the second Monday in January : Provided, that when 
the business of said court will admit, it shall be lawful for 
the judge of said court, at any October term of said court, 
to cause an order to be entered upon the records of said 
court directing that the succeeding January term of said 
court shall not be holden, and when such order shall be en- 
tered, the January term mentioned in said order shall not 
be holden. In the county of Marshall, on the second Mon- 
day in April, and third Monday in October; in the county 
of Putnam, on the fourth Monday in April, and the second 
Monday after the third Monday in October; in the county 
of Livingston, on the first Monday after the fourth Monday 



63 1853. 

in April, and on the second Monday in September; in the 
county of La Salle, on the second Monday in May, and the 
second Monday in November. 

§ 2. The judge of said circuit may, when he shall deem Special term. 
it for the public interest, call a special term of said court, 
to be holden in any county of said circuit, for the transac- 
tion of either criminal, chancery, or common law business 
exclusively ; and when a special term of said circuit shall 
be called for doing chancery business exclusively, no ju- 
rors shall be summoned, and when called for the purpose of 
trying common law cases exclusively, no grand jury shall 
be summoned to attend said term. 

§ 3. All writs, subpoenas, recognizances, and other pro- Process, 
cess which may have been or may be issued or taken and 
made returnable to the terms of courts in said circuit, as 
heretofore required to he holden, shall be deemed to be re- 
turnable to said term of the court 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 
holden under this act ; and all proceedings pending in said 
court shall be taken up and disposed of as if no alteration 
had been made in the time of holding said courts. 

§ 4. All acts and parts of acts conflicting with the pro- Aetsr^aud. 
visions of this act are hereby repealed. 

§ 5. This act to take effect and be in force from and 
after its passage, but it shall not be construed so as to in- 
terfere with any special term of said court heretofore ap- 
pointed by the judge of said court. 

Ai proved February 12, 1853. 



AN ACT to ; educe the limits of the eighth judicial circuit, and to fix the j n f j:ce p e {,. 3, 
times of holding courts therein. 1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
counties of Sangamon, Logan, McLean, Woodford, Taze- Btghth circuit, 
well, De Witt, Champaign and Vermilion shall hereafter 
constitute the eighth judicial circuit; that the time of hold- 
ing courts in said circuit shall be as follows, to wit : 

Spring Term — Sangamon, on the third Monday ofwmes of holding 
March; Logan, two weeks thereafter ; McLean, one week 
thereafter; Woodford, two weeks thereafter; Tazewell, 
one week thereafter ; Dc Witt, two weeks thereafter ; 



1853. 64 

Champaign, one week thereafter; Vermilion, the I 

thereafter. 

r Ter.m — Sangamon, on the second Mo 
and there shall be no grand jury at said suramei 
„.,,,,. Fall Term — Logan, on the fi] > in Septera 

. one week thereafter ; Woodford, two weeks 
after ; Tazewell, one week thereafter; De Witt,' two 
weeks thereafter; Champaign, one week thereafter ; Ver- 
milion, the Friday thereafter ; Sangamon, on the third 
day of November. That all process and the sen ice 
of, which have been or may be hereafter made in confor- 
with the terms of the court as heretofore, and now 
fixed by law, shall be taken and held as conforming to the 
terms as fixed by this act; and that this act shall be in force 
from and after its passage. 
Apr-RovED February 3, 1853. 



; ■ .12, AN ACT 

Section 1. Be it enacted by the people of the stat 
Illinois, represented in th mbly, That the 

- • counties of Edgar, Clark, Crawford, Lawrence, Richland, 
Clay, Jasper, Cumberland am! 

mrth judicial circuit; and that the circuit courts 
shall be holden at tl ive county seats of tl 

unties at the times Following, to wit: In the - 
Crawford, on the first Monda} September; 

in the county of Lawrence, on the fust Mondays thereaf- 
ter; in the county of Richland, on the first Mondays there- 
; in the county of Clay, on til there- 

; in the county of Jasper, on the Fridays thereafter; 
in the county of Cumberland, on the Wednesdays thereaf- 
ter ; in the county of Coles, on Ihe Mondays thereafter; 
in the county of Edgar, on the Mondays r; in 

in the county of Clark, on the second Monday 

S 2. AU writs, subpoenas, re c< and other pro- 

cess which may have been or may be issued and made 
returnable to the terms of the circuit court in said coun- 
ties, as heretofore required to be holden, shall be deemed 
and taken to be returnable to said terms of the circuit 
court in said counties as herein required to be holden, 
and all notices which may have been given, either by pub- 
lication or otherwise, with n ference to the ten 
tofore required to be holden, shall, I ;, ct, re- 

the terms of the court rt qui 



65 1853. 
t 

this act in said counties ; and all proceedings pending in 
said courts shall be taken up and proceeded with as if no 
alteration had been made in times of holding said courts. 

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

Approved February 12, 1853. 



AN ACT to provide for bringing actions at law or in chancery against rail- In tore? Feb. 18, 
road companies. ^ 53 - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That ac- 
tions at law or in chancery may be brought against any s ^oughv* y ** 
railroad company in any circuit court, in any county in this 
state through which any railroad of such company may be 
located. 

§ 2. In all cases at law or in chancery, any person may Notice 
commence an action or actions against any railroad com- 
pany by filing in the clerk's office of the circuit court in 
which said action or actions shall be instituted, a declara- 
tion or bill in chancery, as the case may be, and by giving 
notice to said company of the filing of said declaration or 
bill in chancery, by at least four successive publications of PuM,catii,n - 
said notice in a weekly newspaper published in the county 
(or if no newspaper be published in the county, then in the 
newspaper published in the nearest county,) where said ac- 
tion shall be brought, the first of which publications shall be 
at least sixty days previous to the first day of the next suc- 
ceeding term of said court. 

§ 3. In all cases instituted under the provisions of this Powep »- 
act, the said circuit court shall have the same power and 
authority to hear and determine the same, as in other cases 
at law or in chancery, and the filing of a declaration or bill 
in chancery, and the publication of notice, as in the second 
section of this act named, shall be deemed and taken as 
sufficient notice to said railroad company of the pendency 
of said action. 

§ 4. All judgments and decrees recovered against any Effoct . 
railroad company as aforesaid, shall have the same force 
and effect as other judgments at law or decrees in chan- 
cery. 

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

§ 6. All actions instituted under the provisions of this , 
act shall be commenced and prosecuted in the counties 
where the cause of action accrued, and not otherwise. 

Approved February 12, 1853. 
5 



1S53. 



ce Feb. 12, AN ACT " s P ectl 
1S33. 



66 



the practice in chancery in cases in the seventh judicial 
circuit iu this state. 



vacation. 



Section 1. Be it enacted by the people of the state of 
Illinois,- represented in the General Assembly, That in 
to all chancery cases pending in any of the courts ot the 
ln seventh judicial circuit of this state, motions for the disso- 
lution of injunctions, appointment of receivers and guar- 
dians ad litem, demurrers to bills, and other pleadings, 
exceptions, petitions, and all interlocutory motions, may 
he filed by the parties and heard by the presiding judge ol 
said circuit, at his chamber in vacation, and the decree, 
judgment or order of the judge on such hearing shall be 
immediately transmitted by him to the clerk of the court 
wherein such suit is pending, and entered by said clerk, as 
soon as received by him, upon the record of said court, 
and take effect from the time of such entry : Provided, 
that if any mistake shall be made by said clerk in the en- 
try of such order, decree or judgment, the same may be 
corrected on motion of any party to said suit, made either 
to the judge in vacation or to the court wherein such sui 
is pending, at its next ensuing term. 

§ 2. Any party to a suit in chancery, pending in any 
of the courts of said circuit, wishing to bring on for hear- 
ing in vacation any motion, petition, demurrer or excep- 
tion, as provided in the foregoing section, may do so by 
serving upon all the parties to such suit, who are to be af- 
fected by such motion, petition, exception or demurrer, a 
copy of said motion, petition, exception or demurrer, ac- 
companied with notice in writing of said party's intention 
to bring the same on for hearing in vacation, and stating 
the time and place of such hearing ; which said copy and 
notice shall be served at least ten days previous to the day 
fixed for such hearing. 

§ 3. It shall be the duty of the presiding judge of said 
circuit, at the next term of court which he may hold in 
each county in said circuit, after the passage oi th 
to cause an entry to be made upon the record ol said cir- 
cuit courts, designating at least two days in each month 
in vacation as motion days, for the hearing of matters con- 
templated by this act, and all notices of such hearings 
shall fix upon one of said motion days as the time for the 
hearing of the matter in said notice mentioned. 

§ 4. Appeals and writs of error may be prosecuted 
from all judgments, orders or decrees rendered upon any 
hearing in vacation, under the provisions of this act, in the 
same manner and to the same extent as .hough such pro- 
ceeding were had at a regular term of the court where 
such, suit is pending. _ 

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

Approved February 12, 1853. 



67 1853. 

AN ACT to niter the boundaries of the towns of Earl and MeridenJ in the i n [, re p 8 b. 
county of La Salle. ' ' i853. 

Section 1. Be v.t enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
east half of congressional township No. thirty-six (36) 
north, range No. two (2,) east of the third principal meri- 
dian, be attached to and hereafter form a part of the town 
of Earl, in the county of La Salle. 

§ 2. The passage of this act shall not effect rights here- Effect, 
tofore acquired, or liabilities heretofore incurred. 

Approved February 12, 1853. 



AN ACT regulating the collection of the revenue, in counties adopting the In force Feb. 12 



township organization law 



1;:.<J. 



Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Assembly, That the 
county revenue shall be collected in gold and silver coin, 
county orders and jury certificates, and in no other curren- 
cy; the revenue for state purposes shall be collected in Funds receivable, 
gold and silver coin, and auditor's warrants, and in no oth- 
er currency; and state taxes, levied for any special pur- 
pose, other than to defray the ordinary expenses of the 
state government, shall be collected in gold and silver 
coin, and in no other currency. 

§ 2. The treasurer of each county shall be the county Troasarer C oHe«- 
collector, and his refusal to qualify and act as such shall tor - 
vacate his office of treasurer, which shall be filled as in 
other cases of vacancy. 

§ 3. Said collector shall, at the September meeting of wlienh0U(! t , b3 
the board of supervisors, annually, and before he enters up- SIveD - 
on the duties of his office as collector, execute a bond, in 
addition to his bond as treasurer, in a penalty of at least 
double the amount of the state taxes to be collected in the 
year next thereafter, with two or more securities, who shall 
be residents of the said county, and owners of real estate 
equal in value to the amount specified in the bond ; which 
amount shall be determined and which bond shall be ap- 
proved by the board of supervisors, and shall be witnessed 
by at least one witness who can write his name, and be 
substantially in the following form, to wit : 

"Know all men by these presents, that we A. B-, col- Bona. 
lector, and C. D. and E. P., securities, all of the county 

of , and state of Illinois, are held and firmly bound to 

the people of the state of Illinois in the penal sum of . 

dollars, for the payment of which, well and truly to be 
made, we bind ourselves, each of us, our heirs, executors 



1853. 



68 



and administrators, firmly by these presents. Signed with 
our hands and sealed with our seals, this day oi , 

"The condition of the foregoing bond is such, that if the 
above bound A. B. shall perform all the duties required to 
be performed him, as collector of the taxes for the year 
18—, in the time and manner prescribed by law, and when 
he shall be succeeded in office, shall surrender and deliver 
over to his successor in office all books, papers and mon- 
eys belon<w to said county, or to the state, and apper- 
taining to D his° said office, then the foregoing bond to be 
void, otherwise to remain in full force. 

A. B. [l. s.J 
C. D. [l. s. I 
E. F. [l. s.] 
« Signed, sealed, and delivered in presence of me, 

He shaU al^o take and subscribe an oath, to be indorsed 
on the back of the bond, before some person authorized to 
administer oaths, that he will faithfully, diligently and im- 
partially, to the best of his judgment and ability, perform 
all the duties required of him by law, as such collector. 

5 4 Bonds cnven in pursuance of this act snah not be 
considered void, nor shall any security be released from 
any liability thereon, in consequence of any informality in 
the assessment, or in making out the assessment lists, nor 
of any chancre or alteration in the law made by the general 
assembly, although the same may be made after the execu- 
tion of said bond. , . 
5 5 The collector's bond shall be approved by the 
, fc rt aH nf sunervisors, and shall be correctly copied and 
*""**■ enured onTe -cords of said board, and forthwith mailed 
to the auditor of public accounts, with the certificate of 
the clerk, under the seal of his office, showing that said 
bond has been duly approved and recorded. Sam bond, 
when approved and recorded, shall be a lien against the 
real estate of such collector, until he shall have complied 
with the conditions thereof. 

5 6 On the first Monday of November, annually, or as 
hou resident ta* soon thereafter as the collector shall be qualified, the clerk 
'- shall deliver the tax lists or books containing the non-res- 

ident tax list to said collector, and shall take from him du- 

Netted to and fiid in theoffice of the au*tor o pub- 



Bond not void. 



be iorwaraea w aim ««.** *■• »*~ — — , 

lie accounts, and the other in the office of the county clerk 

All ta 
, that ti 
lector. 



accounts, anu uie uu.ti i« v.~ *,... —- -- , 

11 taxes shall be considered due from and after the time 
wbc *«. anc. that the tax books are required to be delivered to the col- 



69 1851. 

§ 7. The clerk shall compute the amount of taxes duecierk compot 
on each tract or parcel of land, on each town 'lot or block, tax * 
and on each person's personal property, placing the amount 
of such tax in the proper Columns opposite the value there- 
, of, in all cases rejecting the fractions of cents, and shall add 
up the figures showing the amount of such tax, in the prop- 
er columns, and the aggregate amount in each column 
Shall be noted on each page. Said clerk shall test the ac- 
curacy of such additions, by computing the amount of tax 
on the aggregate value of property on each page, that he 
may be certain that the tax has been correctly extended 
and added. 

§ S. In all cases when any real property has heretofore »<** tax added, 
been, or may hereafter be forfeited to the'state for taxes, 
it shall be the duty of the clerk, when he is making up the 
amount of tax due on such real property for the current 
year, to add the amount of back tax and fees remaining 
due on such real property, with ten per cent, interest there- 
on, to the tax of the current year, and the aggregate 
amount so added together shall 'be collected in like man- 
ner as the tax on other real property for that year may be 
collected. 

§ 9. The clerk shall annually make out for the use of Tax us^ fortowa 
the town collector correct lists of the property assessed to C0llect0rs - 
residents, which lists shall. set forth, in alphabetical order, 
the names of the persons owing tax on personal property 
in t ch collector's district, the aggregate value of such 
property assessed to each person, and the amount of tax 
due thereon, and such other facts as may be required by 
the forms and instructions provided for by this act ; he shall 
make out the abstracts of real property in numerical order, 
•which shall show the name of the person to whom each 
tract or lot is assessed, the value of each tract or lot, and 
the amount of taxes thereon ; which list shall be made out 
in strict conformity with the forms and instructions fur- 
nished by the auditor. He shall also make out in like man- 
ner, for the use of the county collector, abstracts of the Non-resident i*t. 
real property listed as non-resident property. 

§ 10. When the books or lists for the collector are Ab8trac t „, 
completed, the clerk shall make out a complete abstract, &mmnt tax - 
showing the aggregate number and value of each kind of howmade- 
personal property enumerated in the assessment list; the 
value of unenumerated articles; the value of goods and 
merchandise ; the value of property listed by bankers, bro- 
kers and stockjobbers; the value of property listed by 
manufacturers; the value of moneys and credits ; the val- 
ue of moneys invested in bonds, stocks, joint stock com- 
panies, &c; the value of property listed by banks; the 
value of lands, and the value of town and city lots ; the 
amount of state tax due thereon, and the rate of taxation 



1853. 70 

for county and other special purposes. The value of the 
property assessed to non-residents, and the amount of tax 
thereon, shall be stated separately from the non-resident tax. 
The correctness of sai 1 abstract shall be certified to by 
the clerk, with the seal of his office attached, and forward-, 
ed to the auditor's office by mail. A true, copy of said 
stract shall be entered on the records of said court. If 
any clerk shall knowingly make a false or incorrect ab- 
of the value of taxable property, he shall be deemed 
guilty of perjury and punished accordingly. 
Treasurer to cai- § 1 ! . The collector of each county, upon receiving the 
lect ' assessment list of the non-resident property from the clerk 

of the county court, and giving a receipt for the same, shall 
collect the taxes charged upon said lists, from the persons 
owing the same, and he shall give such persons receipts 
therefor. 
Dounquentiist. § 12. On or before the third Monday in April annually, 
the collector shall make out and file with the county clerk 
itement in writing, setting forth the value of property 
and the amount of tax thereon in each town that has been 
returned to him by the town collectors as delinquent ; and 
also a list of the errors ; n the non-resident list, showing a 
description of the property and the amount of tax charged 
in error, and the cause of error; the truth of said state- 
ment and list shall be verified by the oath of such collector. 
At the April meeting of the board of supervisors h« shall 
settle with and allow the collector credit for such abate- 
ments as he may be legally entitled to, and the clerk shall 
certificate of certify the value of the property upon which the taxes are 
abatem uts. gQ abatejlj and lhe amount f the state tax charged thereon, 
to the auditor of public accounts, who shall allow the col- 
lector credit for the amount so certified : Provided, that if 
the auditor shall have reason to believe that the amount 
stated in said certificate is not correct, or that the allow- 
ance was illegally made, he shall return the same for cor- 
rection; if there be no meeting in April the clerk shall 
certify the value of property and the amount of the state 
tax charged on the list of abatements filed by the collector, 
to the auditor, who shall allow the collector credit for the 
same, subject to the further action of the board, and said 
board shall examine and act upon the said list at their first 
term thereafter, and their action shall be' certified by the 
clerk to the auditor, who shall adjust the account of the 
collector, as provided for in this act. 
jurisdiction ot jj 13. The county courts of the several counties in this 
county courts. gt •' ^j] have original jurisdiction of suits for taxes due 
on real property, whether such courts be sitting for the 
transaction of county or probate business, 
property liable § 14. Personal property shall be liable for taxes levied 
f " UWfc on real property, and real property shall be liable for taxes 



71 IS53. 

levied on personal property, hut the tax on personal pro- 
perty shall not be charged against real property, except in 
cases of removals, or where said tax cannot oe mitde out 
of the personal property. 

§ 15. If the taxes on any town or city lot or lots shall T,,wn lotB > iiow 
remain unpaid on the third Monday in April next after said 
taxes become due, the collector shall advertise, obtain 
judgment and sell such lots in like manner as is provided 
for by this act for advertising, obtaining judgment and sell- 
ing non-resident delinquent" lands. And if any such lots 
be forfeited to the state, as is provided for in the case of 
delinquent lands, the clerk shall certify to the auditor the 
amount of state tax charged on the lots so forfeited, and 
the auditor shall allow the collector credit therefor, and 
charge the same to the collector for the following year. 
The board of supervisors shall allow the collector credit 
for the amount of taxes charged for county, town, and 
other special purposes, on the 'lots forfeited to the state, 
including the printer's fee thereon. Town and city lots- 
shall be sold annually, in the month of May next after the 
taxes become due, or as soon thereafter as practicable. 

§ 16. If the taxes on any tract or pared of land, other List of lands, 
than (own or city lots, shall remain unpaid on the first day 
of May next after such taxes become due, said collector 
shall make out and file with the clerk of the county court 
a true and correct list of said lands, setting forth the name 
of the owner, orjierson in whose name the said property is 
taxed, a description of the property, the value of each 
tract or parcel, and the amount of taxes charged thereon, 
together with the aggregate value and amount of tax due 
on such list; and he shall attach to and file with said list 
an affidavit, which shall be in the following form, to wit: 



% A. B., collector in and for the county of 



O Oath. 



solemnly swear that the list to which this affidavit is at- 
tached istrue and correct, and that the taxes thereon, as 
set forth in said list, are unpaid, and that I have used due 
diligence to collect said taxes, and that the aggregate 
amount therein stated remains due and unpaid, as°I verily 
believe." ! J 

Said list shall be examined by the county clerk, and all Duty of ciert 
errors therein corrected ; and 'the collector shall be al- 
lowed credit in his settlement for the. amount of county tax, 
including road, school, and other special county tax due 
thereon. The clerk of the county court shall, within ten 
days after the filing of said list, make out a true and cor- 
rect copy thereof, in manner and form as may be required 
by the auditor of public accounts, and shall forward the 
same to said auditor, to be filed in his office. 

§ 17. The clerk of the county court shall make out oiwta> doty 
and deliver to the collector, on or before the fifteenth day 



1853. 72 

of May annually, the statements, certificates and lists ap- 
pertaining to the settlement of the accounts of such col- 
lector ; which statement, certificates and lists shall be made 
out in proper form, under seal of said court, securely en- 
veloped and sealed. The collector shall deliver the pack- 
age received from the clerk as aforesaid, at the office of 
ictor kmsc. the auditor, and make a final settlement of his accounts, 
and pay the amount due the state into the state treasury, 
on or before the first day of June next after receiving the 
tax books. At the time of making the settlement, the 
clerk shall deliver to the collector a memorandum show- 
ing the net amount collected, as per said settlement ; and 
if any clerk shall neglect or refuse to make out and deliv- 
er, er the statements, certificates, and lists as required by this 
act, on demand of the collector, he shall be liable for all 
damages sustained by such collector, or his securities, by 
reason of such neglect or refusal. 
mot's duty. § 18. If any collector shall refuse, fail or neglect to 
make settlement and pay the full amount due from him to 
the state into the state treasury, as is or may hereafter be 
required by law, it shall be the duty of the auditor of pub- 
lic accounts, and he is hereby authorized and required to 
issue a warrant, under his hand and seal of office, directed 
to the sheriff of the proper county, (if there be no sheriff 
then to the coroner, and if there be no sheriff or coroner, 
then to some suitable person, appointed by said auditor as 
especial agent for that purpose,) commanding him to levy 
and collect such sums as shall remain due from such collec- 
tor, and pay the same into the state treasury, as required by 
law. Said auditor shall attach to every such warrant a 
correct statement of the account of such collector, as 
charged on the books in his said office. The warrant 
aforesaid shall have the same force and effect as execu- 
tions issued by the circuit courts, 
to be § 19. The officer or agent to whom such warrant shall 
be'directed shall immediately cause the same to be execu- 
ted, and the money collected out of the goods and chattels, 
lands and tenements of such collector, and make return of 
such warrant to the said auditor, and pay the amount col- 
lected, after deducting lis commissions and fees, into the 
state treasury, within forty days from the issuing of such 
warrant: Provided^ that if any warrant issued by the 
auditor shall be lost o destroyed, the auditor shall issue a 
duplicate warrant, bearing date at the time of issuing the 
ws - same. The officer or agent collecting money on any war- 
rant issued as aforesaid, shall be allowed the same com- 
missions and mileage that would have been allowed to the 
collector had he paid over the funds as is required by law, 
and such fees as is allowed by law to sheriffs for serving 
executions, advertising property, &c, which fees shall be 



73 1853. 

clferged and collected in like manner as fees on execu- 
tions are charged and collected, 

\ 20. The coroner or agent to whom any warrant shall indorse facts, 
be Issued in pursuance of this act, shall indorse thereon 
thettacts in the case, and if it shall appear that the whole 
or iiy part of the sum due remains unpaid, and that the 
coll) tor has no goods and chattels, land or tenements in 
his Wnty, out of which to make the amount remaining 
due,br any part thereof, the auditor shall cause suit to be 
commenced on the bond of.such collector, at the first term Bond to beswd. 
of thA supreme court held at the seat of government, or 
of thaSangamon county circuit court, thereafter. 

§ 2l In all eases where special agents are appointed, Afrent to si™ 
as profiled for in the foregoing sections, the auditor shall b ° nd " 
reqiiirdsuch agents to file with the clerk of the county 
court o\ the proper county a bond, with one or more secu- 
rities, tibe approved by the county judge, in a penal sum 
of at letet double the amount to be collected, and made 
payable \o the people of the state of Illinois, and condi- 
tioned f^ the faithful performance of the duties required 
of him bUhis act. And if any sheriff or coroner shall 
negiect o\ refuse to comply with the requirements of this 
act. he shai be liable on his official bond for all damages 
caused byWh refusal or neglect, and if any sheriff or 
coroner shaj knowingly make a false return on any war- 
rant issued W the auditor as aforesaid, he shall be deemed 
gu of pHury, and shall be punished accordingly. — 

Agents apposed to execute any warrant issued by thePenaitr, 
auditor as prided for by this act, who may file bond and 
accept such aWnlraent, shall be entitled to like compen- 
sation,and sha^be liable to like penalties as the sheriff or 
coroner. And'f any sheriff, coroner or agent shall collect 
moneys due dictate, and fail or neglect to pay the same 
into the state treasury as required by law, he shall pay, for Not to 
the use of the stae, ten per cent, per month damages, from 
the time he shouh have paid over said money until paid : 
Provided, that incases of sickness, or other reasonable 
ex suse, to be verify by the oath of the person so failing 
to pay, and the parent being made within a reasonable 
time, the auditor mW rem it such damages. But if such 
coroner or agent shal apply or use any funds collected by 
him and belonging tov] le state for his own benefit, or the 
benefit of any other p^ n , or m any other way or manner PenaltJr 
than is provided for b$ a V,such coroner or agent shall be 
deemed guilty of embedment, and on conviction there- 
en 1 be punished acC r dingly. 

§ 22. The auditor ofyublic accounts shall file the list Duty of 
of delinquent lands uponyhich the taxes regain due and 
unpaid, and shall add to til amount of tax charged on each 
tract ten cents, to be coUfed and paid into the state 



use funds. 



:> 'If lite .. 



1853. 74 

treasury. Any person desiring to pay the taxes clue on 
said lands nia\ pay the same into the state treasury at my 
time before the first day of August next, after tta ?^0&x- 
es become :,ue. If the taxes on any sue' i aH re- 

main due ai d unpaid after 'he first day of A 
t e auditon shall aod fifty per cent i s 

■ n each tract to said taxes, and the aggregate t tare of 
shall be charged and collected. Any person may i 

said lands by paying the amount charged as aforesail into 
the state treasury, at any time before the first day d No- 
vember thereafter. 

Bnty of auditor. § 23. On the first day of November, annually or as 
soon thereafter as practicable, -tb t auditor of pullic ac- 
counts shall make out. and transmit by mail to the le'rk of 
the county court, to be filed in the office of said clerk, a 
correct list of all the lands which had been retimed as 
delinquei t, and upon which the taxes remained mpaid on 
the first day of November. 

»nty of county § 24. The collector shall add fifty per cent, m the tax- 
es rem ining due at the time of filing the list wit' the clerk 
and — .or which he may be allowed credit — o the tax 
charged on each tract of land, and the aggreoite thereof 
shall >e collected and paid over to the state rod county, 
according to the rate of taxation for that year Any per- 
son desiring to redeem or pay the taxes on Sich lands in 
the c unity after the first day of May, may dofto by paying 
the amount charged as above set forth to trw collector, at 
any time before the first day of Novemter thereafter. 
Wii'n said collector shall receive the tax <n any tract of 

Tax received no- land or town lot, subsequent to the first da of May afore- 
said, he shall set forth tiie amount so receied opposite the 
tract ( r lot so redeemed, in a column proviled for that pur- 
pose, and shall note the date of such paynent opposite such 
tract or lot on the list of delinquent lan-S and lots afore- 
said, and shall file said lists with the cle^? on or before the 
first <ay of November aforesaid. 

just to be com- § £5. The clerk shall carefully compare the delin- 
quent list returned by the auditor witlthe list returned by 
the ( ollector, and if there be any lanr* or lots upon which 
fie taxes have not been paid, he sha- add the amount due 
thei eon to the tax due on such land and lots for the next 
succeeding year, and shall make ut a true and correct 
list of such lands and lots, which ftall be delivered to the 

»ax collected. co u cto r w i tn tne tax books of the-urrent year, or as soon 
thereafter as practicable ; and th said collector shall col- 
lect the taxes thereon by sale or'therwise. 

Lands and lot^ > § 26. When any person ow»ag lands or town lots in 

besol<1 ' any county #i this state shall fa' to pay the taxes assessed 

thereon, as provided for in the iregoing sections, it shall be 
the duty of the collector to ublish an advertisement in 



\. 



i 



75 . 1853. 

some newspaper published in bis county, if any sucb there 
bel and if there be no such paper printed in his county, 
thqn in il ■ nearest newspaper in this state, which adver- 
tisement si all be once published at least four weeks pre- 
vious to the term <«f die county court at which judgment is 
praled ; and said advertisement shall contain a list of the 
delinquent lands upon which the taxes remain due and un- Advertise. 
paid! the names of owners, if known, the amount due 
thereon, and the years for which the same are due ; and 
shall give notice that he will apply to the county court, at 
the — — term thereof, for judgment against said lands for 
said taxes, interest and cost, and for an order to sell said 
lands for the satisfaction thereof; and shall also give no- 
tice, tHat on the first Monday next succeeding the day fix- Notice, 
ed by lfcw for the commencement of the said county court, 
all the lands for 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 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 cf lands under the order of said court: Provi- 
ded, that if the publisher of such paper shall be unable or 
unwilling to publish said list and no'ice accurately and 
properly, the collector shall select some other newspaper, 
having due regard to the circulation of such paper. 

§ 27. Hereafter, no purchaser of any land or town lot ^gSS? - 
at any sale of lands or town lots for taxes due, either to 
the state, or any county or incorporated town or city 
within the same, or at any sale for taxes or levies author- 
ized by the laws of this state, shall be entitled to a deed 
for the lands or town lots so purchased, until he or she 
shall have complied with the following conditions, to wit : 
Such purchaser shall serve or cause to be served a writ- 
ten notice of such purchase on every person in possession 
of such land or town lot, at least 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 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 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 printed in 
such county, and if no newspaper is printed in the county, 
then in the nearest newspaper that is published in this state 



1853. 76 

to the county in which such lot or land is situated ; wtich 
notice shall be inserted three times, the last time notless 
than three months before the time of redemption shall ex- 
pire. Every such purchaser, by himself or agent, shall, 
before he shall be entitled to a deed, make an affidavit of 
of his having complied vith the conditions of this section, 
stating particularly the facts relied on as such compliance ; 
which affidavit shall be delivered to the person authorized 
by law to execute such tax deed, and which shall by lim be 
filed with the officer having custody of the record of the 
lands and lots sold for taxes and entries of redemption in 
the county where such lands or lots shall lie, to be by s"uch 
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 sucn notice 
has been given. Any person swearing falsely in such affi- 
davit shall be deemed guilty of perjury and punished ac- 
cordingly. In case any person shall be compelled under 
this section to publish a notice in a newspaper, then, be- 
fore any person who may have a right to redeem such lands 
or lots from such tax sale, shall be permitted to redeem, 
he or she shall pay the officer or person who by law is au- 
thorized to receive such redemption money, the printer's 
fee for publishing such notice, and the expenses of making 

y »**- and filing the affidavit : Provided, that the fee for such 

publi. ation, where the notice does not include more than 
four tracts or lots, shall not exceed one dollar; and when 
the notice contains more than four tracts or lots, then the 
printer shall be allowed twenty cents for each additional 
tract, and five cents for each additional town lot contained 
in such notice. 

pmUi bt coiieo § 28. In case of the death of any collector during 
the time the tax books are in his hands, and before the 
time specified in this act for making settlements, the clerk 
of the county court shall demand and take charge of the 
tax books, and shall appoint one or more competent per- 
sons to examine said tax books, and it shall be the duty of 
the persons so appointed to ascertain the amount remaining 
uncollected, and make out a correct abstract of t!se same : 
Provided, that should there be but a small portion of the 
taxes collected at the time of the death of the collector, 
then the amount actually collected shall be ascertained, 
and the same books used in completing the collections. 

vacancy, how § 29. In case of a vacancy, as mentioned in the forego* 
fined. j fl g sec tion, the board of supervisors may appoint a suitable 

person to complete the collections, who shall execute a 
bond, collect and pay over the taxes in the same manner, 
and his acts shall be as binding and effectual as the collec- 
tor's would have been had he completed the collections; 
and the collector so appointed may obtain judgment at any 
regular term of the county court, and sell delinquent lands 



77 1853. 

and lots in like manner as the collector would have been wto may mh. 
authorized to do had he completed such collections : Pro- 
vided, that if the collector had advertised the delinquent 
land list before his death, it shall not be necessary for his 
successor, or the person appointed to complete the collec- 
tions, to advertise, but he shall proceed to finish the collec- 
tions in the same manner as the collector would have been 
authorized to do if he had lived. 

§ 30. All suits or applications for judgment, and order 
of sale for taxes on delinquent lands and town lots, shall obtain**, 
be made at regular terms of the county court, and the sale 
shall be made at the time ppecified in the notice, whether 
the court remain in session or not. If for any cause the 
court shall not be holden at the term at which judgment is 
prayed, the. cause shall stand continued ; and it shall not 
be necessary to re-advertise the list or notice required by 
law to be advertised before judgment and sale, but at the 
next regular term thereafter the court shall hear and de- 
termine the matter, and if judgment is rendered the sale 
shall be made at the same time and in like manner as it 
would have been made if the suit had been commenced at 
that term. 

§ 31. The printer publishing the list of delinquent lands Duty of print*, 
and town lots, shall transmit by mail or other safe convey- 
ance to the collector, four copies of the paper containing 
said list. Upon the receipt of said paper, and on demand 
being made, the collector shall pay to the printer the amount 
of the fees allowed by law for publishing said lists and no- 
tice ; and it shall be his duty to file one copy of said paper 
in his office and deliver one copy to the clerk of the county 
court, and one to the auditor of public accounts, and one 
copy to the state treasurer, who shall file and safely pre- 
serve them in their respective offices : Provided, that if 
said publication is not made in accordance with the re- 
quirements of the law, or the papers above mentioned are 
not r furnished the collector before the first day of the term 
of the court at which judgment is prayed, the collector 
shall not pay said fees until they are collected by him. 

§ 32. If any collector shall refuse or neglect to pay thep rin ter may »m. 
amount due the printer as required by this act, it shall be 
competent for the printer to collect the same in an action 
of debt against such collector. 

§ 33. The collector shall file the list of delinquent lands OoHaetor ai« mt. 
and town lots, which shall be 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 be- 
fore the commencement of the term at which application 
for judgment is to made, and said clerk shall receive and re- 
cord 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 : 



1853. 



78 



A list of lands and town lots reported by , collec- 
tor of the revenue for the year 18 — , upon which he has 
been unable to collect the taxes due thereon, and now on 

this day of , 13—, files this his petition for a 

judgment and order of sale against said lands and lots 
a t the term, 18—, 'of the county court. 



Owners' Names. 



RocoM of judg- The clerk of the county court shall, before the day of 

T 1, sale, make a correct record of the lands and town lots 

against which judgment is rendered in any suit, for taxes 
due thereon, and which shall set forth the name of the 
owner, if known, the description of the propertv, and the 
amount due on each tract or lot, in the same order as said 
property may be set forth in the judgment-book, and shall 
attach thereto a correct copy of the order of the court, 
and his certificate of the truth of such record; which re- 
cord, so attested, shall hereifter constitute the process on 
which all real property shall be sold for taxes, as well as 
the sales of such property. When any tract of land or 
town lot shall be sold, it shall be the duty of the clerk to 
enter on the record aforesaid the quantity sold and the 

judgment book, name of the purchaser opposite such tract or lot, in the 
blank columns provided for that purpose, and when any 
such property shall be redeemed from sale, the clerk shall 
enter the name of the person redeeming, the date and 
amount of redemption, in the proper columns. Said book 
shall be so ruled that there shall be suitable blank columns 
for entering the quantity or portion of each tract or lot that 
may be sold, the name of the purchaser, and such other 
columns as may be deemed necessary. 

con -ctor's ivi.oi-1 § 34. On the first day of the term at which judgment 
on delinquent lands and town lots is prayed, it shall be the 



79 1853. 

duty of the collector to report to the clerk a list of all the 
lands or town lots, as the case may be, upon which taxes 
have been paid, if any, from the filing of the list mentioned 
in the foregoing section up to that time ; and the clerk 
shall note the fact opposite each tract upon which taxes 
have been paid. The collector, assisted by the clerk, shall 
compare and correct said list, and shall make and subscribe 
an affidavit, which shall be as near as may be in the follow- 
ing form : 

"I, , collector of the county of , do solemnly oath. 

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 taxes as required by law for the 
year or years therein set forth ; that said taxes now remain 
due and unpaid, as I verily believe." 

Said affidavit shall be entered on the record at the bot- 
tom 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. 

§ 35. The court shall examine said list, and if defence court rende- 
or objection be offered by any person interested in any of JU g 
said lands or lots to the entry of judgment against the same, 
the court shall hear and determine the matter in a summa- 
ry manner, without pleadings, and shall pronounce judg- 
ment as the right of the case may be, and shall direct the 
clerk to make out and enter an order for the sale of such 
real property, which shall be substantially in the following 
form : 

"Whereas, due notice has been given of the intended 
application for a judgment against said lands, and no owner 
hath appeared to make defence or show cause why judg- 
ment 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 considered 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 favor 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 taxes, interest and costs 
annexed to them severally, be sold as the law directs." 

§ 36. Said order shall be signed by the judge, and shall judge B ign order. 
have the same effect as judgments and orders made by the 
circuit court. Persons aggrieved by any decision of the 
county court in such cases, shall have the right of appeal 
to the circuit court, by giving bond an/1 security, payable 



1853. 



80 



and not sold for want of 
is hereby declared to be 



to^ne 



to the people of the state of Illinois, as required in cases 
of appeals. 

Transcript of § 37. The clerk of said court shall, within five days 

salM ' after any sale for taxes, make out and deliver to the col- 

lector a transcript of sales for taxes, which shall be writ- 
ten on foolscap paper, made up and stitched in book form, 
suitable for binding. Said collector shall deliver said tran- 
script to the auditor at the time that he is required to make 
settlement for the state tax. 

Lands and lots to § 38. Every tract of land or town lot offered at public 
sale for-the taxes due thereon, 
bidders, shall be and the same 
forfeited to the state of Illinois. 

enerk to certify. § 39. If any lands or town lots shall be forfeited 

state for taxes, it shall be the duty of the clerk of the coun- 
ty court to certify to the auditor of public accounts the 
assessed value thereof, and the amount of state tax charged 
thereon ; and the auditor shall credit the collector with the 
amount of state tax due on said property, and the board of 
supervisors shall allow him credit for the printer's fees and 
county tax thereon. 

Forfeited pro- § 40. If any person shall desire to redeem any tract of 

tt'6d! ,ow re " land or town lot forfeited to the state, he shall apply to the 
clerk of the county court, who shall issue his order to the 
collector, directing him to receive from such person the 
amount due on said tract or lot, particularly describing the 
property and setting forth the amount due, including the 
printer's fee ; and upon presentation of said order to the col- 
lector he shall receive said amount and give the person du- 
plicate receipts therefor, setting forth a proper description 
of the property and the amount received ; one of which 
shall be countersigned by the clerk, and when so counter- 
signed shall be evidence of the redemption of the property 
therein described, but no such receipt shall be valid until 
it is countersigned by the clerk ; the other receipt shall be 
filed by the clerk in his office, and said clerk shall cancel 
the sale, of the property so redeemed on the books in his 
office, and charge the amount of the redemption money to 
the collector. 

otofk certify. § 41. It shall be the duty of the clerk of the county 

court, annually, when he makes return of the amount of 
taxes levied to report the amount due the state on such 
forfeited property to the auditor of public accounts, who 

Auditor chwgs. shall charge the same to the collector: Provided, that if 
the collector who received said redemption money shall be 
succeeded in office, he shall pay the amount in his hands 
over to his successor, who shall pay said amount into the 
state treasury when he settles for the taxes of the current 
year. 



81 1853. 

§ 42. The amount due on lands and lots, and remain- Tai to bcad<i«<j. 
ing unpaid on the first day of November, shall be added to 
the tax of the current year, and the amount thereof shall 
be reported against the collector with the amount of the 
assessment for said year; said collector shall collect and 
pay over the said amount in like manner as other taxes, 
and he is hereby authorized to advertise and sell said pro- 
perty in the same manner as if said property had never 
been forfeited to the state. Said additions and sales shall 
be continued from year to year until the taxes on said pro- 
perty is paid, by sale or otherwise : Provided, that at the 
regular sale in the year 1855, and every five years there- 
after, all the property previously forfeited and remaining 
unredeemed, shall be sold to the highest bidder, but not 
for a greater sum than is due thereon, including costs, &c, 
and the former sales of such property as will not sell shall 
be cancelled: Provided, that if any person shall offer to 
pay the taxes, interests and costs due on forfeited property 
for a less quantity than the whole tract or lot, then such 
property shall be sold to the person offering to pay the 
amount due thereon, for the least quantity or part thereof. 

§ 43. Real property sold under the provisions of this Redemptions, 
act may be redeemed at any time before the expiration of ■ '■ ,:11 ' W - 
two years from the date of sale, by the payment in specie, 
to tiie clerk of the county court of the proper county, of 
double the amount for which the same was sold, and all 
taxes accruing after such sale, with ten per cent, interest 
thereon from the day of sale, unless such subsequent tax 
has been paid by the person for whose benefit the redemp- 
tion is made ; which fact may be shown by the collector's 
receipt : Provided, that if the real property of any minor 
heir, femme covert or lunatic be sold for taxes, the same 
may be redeemed at any time within one year after such 
disability be removed, upon the terms specified in this sec- 
tion; which redemption may be made by their guardians or 
legal representatives. 

§ 44. The securities on any bond given in pursuance secoritiei pro- 
of this act, or either of them, may at any time after the UcUl!> 
execution of said bond, if they, or either of them, have 
good reason to believe that the officer in said bond is about 
to fail to comply with the conditions thereof, file with the 
clerk of the county court a notice in writing, verified by 
the person asking to be discharged, setting forth the facts 
in the case, and asking to be released from any further lia- 
bility on said bond ; whereupon the clerk with whom such 
notice shall be filed, shall notify the said officer to give ad- 
ditional security, equal to the security about to be ap- 
proved by the board of supervisors, which notice may be 
served by the said clerk, or by any person appointed Duty c> c ierk. 
by them, or either of them. If the officer so notified 
6 



1853. 



Securities 

1. 






I 



82 

shall not appear and give additional security within two 
days from the time he may he so notified, the board of su- 
pervisors may remove him from office; and in aU such 
cases said hoard shall appoint some suitable person to fill 
the vacancy occasioned by such removal, who shall exe- 
cute bond, qualify and perform the duties required as such 
officer: Provided, that if the securities on any collectors 
bond, or either of them, shall be satisfied that such collec- 
tor is making improper use of the funds collected by him, 
cr has absconded, or is about to abscond, from this state, 
whereby said securities may become liable to pay any sum 
or sums of money, it shall be lawful for said security to sue 
out a writ of attachment against the goods and chattels of 
'' such collector, in like manner as he would be authorized 
to do if said collector was personally indebted to such 
security ; and the money collected on any such attachment 
shall be paid into the treasury by the officer collecting the 
same, in like m if paid over by the cullec; 

§ 45. If any real property shall be double assessed, or 
ied before it become taxable, and the taxes so erro- 
neously assessed shall have been paid, the board ot super- 
visors, on application of the person paying the same, or 
his agent, and being satisfied of the facts in the case, shall 
cause 5 said taxes to be refunded pro rata by the state and 
county; and if any collector shall receive the taxes pro- 
perly due on any real property, and shall afterwards sell such 
property for said taxes, he shall refund to the purchaser 
thereof, if application be made within two years from the 
date of said sale, double the amount of purchase money. 
Any collector neglecting or refusing to pay as required by 
this section, shall be liable to the county in an action of debt, 
in any court having jurisdiction of the amount of said debt : 
Provided, that the county and the state shall refund in case 
of erroneous sales heretofore made, as provided for by the 
laws in force at the time of such sales. 

o 46. If any collector shall haye paid, or may 1 



County tax. 



ter pay into the state treasury, any greater sum or sums ot 
' than is, or may be, legally and justly due from such 
collector, after deducting abatements and commissions, 
the auditor shall issue his warrant for the amount so over- 
paid, which shall be paid out of the fund or funds so over- 
paid, on the warrant of the auditor. 

§ 47. The board of supervisors shall have power to 
levy a tax in their respective counties for county purposes, 
but shall, in no case, exceed the amount of four mills on 
each dollar's worth of taxable property, unless specially 
authorized by law ; and said county tax shall be levied at 
the September meeting of said board, or as soon thereaf- 
ter as practicable, and collected with the state revenue. 
The same lien created to secure the state tax, and the pro- 



1853. 



83 

visions made for the collection thereof, shall also exist and 
apply to the county revenue. 

§ 48. Suits commenced by the auditor, as provided for 
in this act, shall not abate for the want of service on one 
or more of the defendants, but judgment may be rendered 
against such of said defendants as 'may have been legally 
notified : Provided, that suits may be prosecuted against 
the defendants not included in said judgment, at any sub- 
sequent term of said court : Provided further, that the 
provisions of this section shall not be so construed as to 
change the conditions of any bond executed prior to the 
passage of this act on suits in favor of the state, and ao-ainst 
collectors or other persons indebted to the state. ° The 
state shall pay like fees as are or may be allowed by law 
in suits between individuals, and in all cases when the 
state is plaintiff she shall advance and pay such fees, in 
like manner as individuals are required to advance and pay 
lees. And when the state becomes the purchaser of re a 
property sold on execution for any debt due the said state, 
the officer selling such real estate shall be entitled to like 
commissions as he would have been entitled to had such 
property been purchased by individuals. Said fees and 
commissions to be paid on the warrant of the auditor out 
of any money in the treasury not otherwise appropriated ■ 
and when such fees are collected they shall be paid into 
the state treasury. So much of this section as relates to 
lees shall apply to suits heretofore prosecuted, as well as 
to suits that may hereafter be commenced and prosecuted. 

§49 The assessment shall be a lien on the personal pro- w,,,.„ t 
pertyof all persons owing taxes from and after the time tin 
assessment books are received by the collector, for the state 
and county tax due thereon, and no sale or transfer of such 
property shall affect the claim of the state or county, but the 
said property may be seized by the collector whereverfound 
and removed if necessary, and sold to discharge the taxes 
of the person owing the same at the time of such assess- 
ment, together with the costs and charges of collection. 

9 DO. Whenever the taxes on the same property shall Tax* m, 
have been paid more than once, for the same year, by dif- 
ferent claimants, the collector shall make a return to the 
clerk of the county court of all such surplus taxes so re- 
ceived by him, together with the names of the several 
claimants thus paying; and the clerk shall make a record 
of all such cases, and transmit a copy thereof to the audi- 
tor of public accounts, who shall charge such collector . 
With the portion of such surplus taxes belonging to the state ; 
but such surplus tax shall in no case be refunded. 

§ 51 _ Whenever any person shall pay, the taxes charged 
against him, the collector shall enter such payment in his list lleceipiUrt& 
and give the person paying the same a receipt, specifying 



1853. 



Oof/ dor attend 
talc. 



Letters and Mi 
arcs. 



Certificate 
purchase. 



84 

the name of the person for whom paid, the amount paid, what 
year paid for, and the property on which the same was as- 
sessed, according to its description on the assessment list. 
§ 52. The collector shall attend at the court house in 
his county, on the day specified in the notice for the sale 
of real estate for taxes, and then and there, between the 
hours of ten o'clock in the forenoon and six o'clock in the 
afternoon, proceed to offer for sale, separately, each tract 
of land or town lot in the said list on which the taxes and 
costs have been paid. 

§ 53. The person at such sale offering to pay the taxes 
and costs charged on each tract or lot, for the least quantity 
thereof, shall be the purchaser of such quantity, which shall 
be taken from the east side of such tract or lot. 

f, 54. The collector shall continue such sale from day 
to day, until all the tracts of land or town lots contained 
in the delinquent list, on which taxes and costs remain un- 
paid, shall be sold or offered for sale. 

§ 55. The person purchasing any tract of land or town lot, 
or any part thereof, shall forthwith pay to the collector the 
amount of taxes and costs charged on said tract or lot, and 
on failure so to do, the said land or lot shall be again offered 
for sale in the same manner as if no such sale had been made ; 
and in no case shall the sale be closed until payment is made. 
§ 56. The collector shall obtain a copy of the adver- 
tisement of the delinquent lands and lots, together with a 
certificate of the due publication thereof, from tiie printer 
or publisher of the newspaper in which the same shall have 
been published, and shall file the same with the clerk of the 
county court, on or before the first day of the term at 
which judgment is prayed. . *, j r * 

5 57. In all advertisements for the sale of lands lor tax- 
" es, and in entries required to be made by the clerk of the 
court, or other officer, letters and figures may be used, as 
they have heretofore been used, to denote townships, ranges, 
sections, parts of sections, the year for which the taxes 
were due, and the amount of taxes, interest and costs. 

a 58. The clerk shall make out and deliver to the pur- 
chaser of any lands or lots sold for the payment of taxes as 
aforesaid, a certificate of purchase, to be countersigned by 
the collector, describing the land or lot sold as the same 
was described in the delinquent list, the amount of taxes 
and costs for which the same was sold, and that payment 
has been made therefor. If any person shall become the 
purchaser of more than one tract of land or lot, he may 
have the whole included in one certificate. _ 

S 59. Such certificate of purchase shall be assignable 
by indorsement, and an assignment thereof shall vest in the 
assignee, or his legal representatives, all the right and title 
of the original purchaser. 



85 



1853. 



fill's 



;ax- 
en- 



< § 60. No sale of real estate for taxes shall be considered vmid 
invalid on account of the same having been charged in any 
other name than that of the rightful owner, if the said real 
estate be in other respects sufficiently described, and the 
taxes thereon were due and unpaid at the time of such sale. 

§ 61. The books and records belonging to the office of E ecoi 
the clerk of the county court, or copies thereof, certified denc 
by said clerk, shall be deemed sufficient evidence to prove 
the sale of any land for taxes, the redemption of the same, 
or payment of taxes thereon. 

§ 62. Whenever it shall be made to appear to the sat- ,- -„- . 
isfaction of the clerk of the county court, before the execu- ° elled 
tion of a deed for lands or lots sold for taxes, or if the deed 
be returned by the purchaser, that any tract or lot was 
sold which was not subject to be taxed, or upon which 
es had been paid previous to the sale, he shall make an _. 
try opposite to such tracts or 1( ts on the list of sales, that 
the same was erroneously sold, and such entry shall be ev- 
idence of the fact therein stated. 

§ 63. The receipt of the redemption money of any tract of Effect, 
land or lot, by any purchaser, shall operate as a release of all 
claim to such tract or lot, under or by virtue of the purchase. 

§ 64. If any purchaser of lands sold for taxes shall suf- Lands sold 
fer the same to be again sold for taxes before the expira- '• 
tion of two years from the date of His or her purchase, such 
purchaser shall not be entitled to a deed for the land until 
the expiration of two years from the date of the se 
sale; during which time the land shall be subject to re- 
demption upon the terms and conditions prescribed in this 
act, but the person redeeming shall only be required to pay, 
\ for the use of such first purchaser, the amount paid by him' 
and double the amount paid by the second purchaser. 

§ 65. If any collector, by himself or deputy, shall failc 
to attend any sale of lands advertised according to the pro- l,tt " ! l • 
visions of this act, and make sale thereof as required by 
law, he shall be liable to pay into the state and county trea- 
sury the amount of taxes and costs due upon the lands and 
lots so advertised, in the same manner as if they had been 
sold : Provided, that he may afterwards advertise and sell 
such delinquent property to reimburse himself for the 
amount advanced by him; but at no such sale shall there 
be any property forfeited to the state. 

j § 66. No collectoror treasurer shall, either direcfiy or No ttobny 
indirectly, be permitted to take, buy, shave or receive", by 
himself or agent, any auditor's warrant or warrants, or any 
county order, or jury certificate, at less than the full amount 
due thereon. 

§ 67. On the first day of January next after taking the bntyofsecretarj 
census in the state, or as soon thereafter as the returns of ot stftte - 
said census may be made to the office of the secretary of 



.i'.l-lilul'. 



1853. 86 

state, it shall be the duty of said secretary to make out 
and deliver to the auditor a correct statement. of tlie num- 
ber of white children in each county in this state, twenty 
years of age and under; the truth of said certificate shall 
be certified to by said secretary, and thereupon, under the 

soaooi muds. supervision of the commissioners of the school fund, i\\e 
auditor shall make a dividend to each county of the inter- 
est due upon the school, college and seminary fund, in 
proportion to the number of persons in each, of the age 
aforesaid ; and dividends shall be made according to the 
proportion ascertained to be due to each county annually 
thereafter, until another census shall have been taken, and 
then apportionments shall be made and continued as 
said, according to the last census. 

Auditor to. cem- § 68. The auditor shall, within five days after ascer- 
*• tabling the amount due, as required in the foregoin 

tion, make out and forward by mail to the school commis- 
sioner of each county an order on the collector for the 
amount due said county : Provided, that if the amount of 
interest due to any county shall exceed the amount of rev- 
enue, state tax, due from such county, then the auditor 
shall issue an order as aforesaid for the amount of revenue 
that he believes, from the returns of the assessment for that 
year, will be collected, and shall issue and forward with 
the order a warrant on the treasurer for the balance of in- 
terest that may due to such county, which snail be paid 
out of any moneys not otherwise appropriated. 

§ 69. On or. before the first day of April, annually, or 
so soon thereafter as the school commissioner shall present 
the order of the auditor, the collector shall pay to said com- 
missioner the amount due thereon: Provided, that if the 
said collector has not collected a sufficient amount of state 
revenue to pay said order, and shall make oath of that fact, 
then he shail pay the amount that he lias collected, and 
shall pay the remainder on or before the fifteenth day ot 



Collector to pay. 



fnsftl to pay, 
uty of school 



May next thereafter; but if any collector shall refuse to 
pay the interest on the school fund as required by tins sec- 
tion, and shall refuse to make oath as aforesaid, it shail be 
competent for the commissioner to proceed against such 
collector and his securities, in an action of debt in the 
county court, which court is hereby vested with full power 
and authority to bear and determine all such suits, render 
judgment and issue, execution. Said collector shall be li- 
able to pay the full amount stated in the order, no 
standing he may not have collected that amount ; and if any 
collector shall pay a portion of the amount due as afoi 
and shall fail to pay the remainder as required by this sec- 
tion, the commissioner shall proceed against him as above 
provided for. 



87 1853. 

§ 70. Upon ascertaining the amount due to the state Payment into 
fror iny collector, or other person, the auditor shall give sur " 
suc : rson a statement of the amount to be paid, find up- 
presentation of such statement to the treasurer, and 
t] ii nt of the sum stated to be due, the treasurer shall 

ghre plicate receipts therefor, one of which shall be filed 
id tl mditor's office and entered in a book to be kept for 
that urpose, and the other shall be countersigned by the 
and and delivered to the person making the payment; 

and payment shall be considered as having been made 
■ treasurer's receipt shall be countersigned by the 
as aforesaid. When the list of delinquent lands is Duty of auattor . 
d by the auditor for sale, he shall certify to the 
cierl e amount of the county's proportion of the tax paid 

■ state treasury, and the amount so certified shall be 
ito the county treasury,, out of the tax due from the 

qo11« tor to the state. 

I. The auditor of public accounts shall, as soon asi.,.,- ;i 
pra tble after the passage of this act, prepare and trans- 
mit be several county clerks all such forms and instruc- 
tion i he shall deem necessary to carry into effect its 
pre ;ns. Said auditor shall cause to be printed, with 
the -us and instructions required by this section, a true 
and rrect copy of this act, and shall forward a sufficient 

• thereof, for the use of the several county officers, 
to the clerk of the county court of each county, who shall 
deli r the same to the proper officers. The expenses of 
the anting required by this section shall be paid for as 
othe rinting or this general assembly is paid for. 

Th ■ i be, allowed and paid for services ren- Fees. 

}< i pursuance of this act, the following fees and com- 

ion : To clerks of county courts for making lists of 

lent lands for the auditor's office, three cents for 
each tract described in said list, to be paid for out of the 
stat- easury, which shall be in full for comparing and cor- 

■ the collector's return of said delinquent lands to 
his e, as well as for making the list aforesaid, and com- 

and certifying to the list for the use of the collector. 

king record of delinquent lands and town lots for 
[ud nt, including the order ol court, three cents for each 
tract, and one cent for each town lot. For making tran- 
script of judgment for sale, three cents for each tract, and s ^ afsCiiSincDt 
one it for each town lot. For assisting the collector in 

•ands and lots, twenty-five cents for each tract and 
five its for each town lot, for which a certificate is gi .. n, 
to I barged and collected as costs. For making tra ,s- 
eri] f taxable real property for the assessor, two cents for 
ear ract of land, and one-half cent for each lot, to be 
pai. it of the state treasury. For comparing the assess- 
or's return with the original list of real property, extending 



1853. 88 

the tax on each tract and ]ot, and adding up thi 
amount of tax due thereon, two cents tor each traci 
division, and one-half cent for each town lot; and f 
Icing copy of the a collector, i ent 

for each tract and one-half cent for each town lot. For 
entering list of lands, furnished by the auditor, in 3t 

books, one cent for each tract. The same fees shall 
lowed for computing the tax on each | al 

property, and for copying the same, as is allowed o 
lots ; all of which fees shall he paid out of the count} a- 
sury. The collector shall be allowed for making lis! of de- 
linquent lands to be filed with the clerk, and adding up the 
amount of tax thereon, three cents for each tract, to be 
paid out of the. state treasury. For selling lands and town 
lots, ten cents for each tract and three cents for eacl 
lot sold, to be charged and collected as costs ; but no costs 
except the printer's ices shall be charged or colic i 

any land or town lots forfeited to the state, 
shall be allowed a commission on all moneys colic 
five per cent, on the first eight thousand dollars, an. 
per cent, on all additional sums collected by them, to be 
paid by the state and county in proportion to the ami 
state and county tax collected; and the auditor sha 
said collector in his settlement, in addition to the con nis- 
siOns aforesaid, two dollars for every twenty mill 
sary travel, in going to and returning from the s of 
government, for 1 the purpose of paying <>\ i r the si 
County treasurers shall be allowed a commission of oi per 
cent, on all moneys, county orders and jury certificates re- 
ceived by them for county purposes, and one per cent, on 
all moneys paid out by them, but shall not be allowed any 
compensation for paying mon to a successor. 

§ 73. If any officer shall fail or neglect to perform any 
of the duties required of him by this act, upon be 
quired so : ly person interested in the mat 

shall he liable to a fine of not less than ten dollar- nor 
more tham one hundred dollars, to be recovered in an ac- 
tion of debt in the circuit court of the proper county, and 
may be removed from office, if in the opinion of the 
before whom sue! i may be tried the circumstances re- 
quire such removal ; and any officer who shall knowingly 
violate any of the provisions of this act, shall be lial i to 
a fine of not less than ten dollars nor more than one thou- 
sand dollars, to be recovered in an action of debt in any 
court having jurisdiction of the amount, and may be re- 
moved from office at the discretion of the court. 
rftwe. § 74. The rate of taxation for state purposes for the 

year A. D. 1853, and forever thereafter, until otherwise 
provided by law, shall be two mills on every dollar's worth 
oi taxable property, for the payment of the state debt, one 



89 1853. 

and one-half mills on every dollar's worth of taxable prop- 
erty for the payment of the interest on the state debt, and 
one mill on every dollar's worth of taxable property, for 
defraying the expenses of the government. 

§ 75. This act shall apply to and be in force in the sev- 
eral counties adopting the act to provide for township or- 
ganisation, and shall be in force from and after its passage. 

Approved February 12, 1853. 



AN ACT to amend the 14th chapter of the Revised Statutes, entitled '"'Con- Iu force Fel)- iU 
veyances."' 1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That no 
deed, mortgage, or other instrument of writing, heretofore Admowiedg- 
executed, or hereafter to be executed, by husband and m 
wife, in good faith, for the purpose of conveying or incum- 
bering the estate of the husband, or the estate of the wife, 
or the right of dower in any lands situate in this state, and 
acknowledged by them before any officer authorized by the 
laws of Hi is state to take acknowledgments, shall be 
deemed, held, or adjudged invalid, or defective or insuffi- 
cient in law, by reason of any informality or omission in 
setting forth the particulars of the acknowledgment be- 
fore such officer as aforesaid, in the certificate thereof : Pro- Proviso. 
vided, however, that it appears in substance, from such 
certificate, that the parties executing said deed, mortgage 
or other instrument of writing, executed by the same, free- 
ly and voluntarily ; and that in case of married women ex- 
ecuting the same, it appear, in substance, that they knew 
the contents of said deeds, mortgages or other instruments 
of writing, and that they were examined by the officer 
aforesaid, separate and apart from their husbands. 

§ 2. Nothing in the above section shall be so construed Rights of partta* 
as to deprive the parties executing or having executed 
such deeds, mortgages, or other instruments of writing, 
of any legal equitable remedies now or hereafter existing, 
for avoiding or annulling such deeds, mortgages or other 
instruments of writing, on account of fraud, circumvention, 
duress, non-age, or any other legal personal disqualifica- 
tion. 

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

Approved February 11, 1853. 



Fines to cons 



1853. 90 

AN ACT to increase the school fund. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General ^Assembly, Tl 
fines collected by justices of the peace or other county of- 
ficer, shall be paid to the school commissioner of the coun- 
ty in which the fines are collected, and be made a part of 
the school fund, and be distributed by said commissioner 
in the same manner as the state funds are : iv dis- 

tributed : Provided, that nothing in this act shall be so 
construed as to require fines collected in incorporated 
towns and cities, for the violation of the by-laws or ordinan- 
ces of said towns or cities, to be paid to said commissioner. 

§ 2. That all laws or parts of laws in conflict with this 
act are hereby repealed. 

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

Approved February 10, 1853. 



In force Fob. 12, AN ACT making further provisions in relation to the institutions for the 
1So3- "education of the deaf, dumb and blind. 

Section 1. Beit enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
^F ? dd 8 t0 . be directors of the Illinois institution for the education of the 
classes. deaf and dumb, shall be divided into three classes, to con- 

Term of 1st class, sist of four members in each. Those appointed during the 
present session of the general assembly, to compose the first 
•rermof 2d cia.ss. c l asSj shall serve two years ; those of the second class four 
Term of 3i class, years, and those of the the third class six years, until suc- 
cessors are appointed and entered upon their duties, and 
thereafter the successors in each class serve two years, so 
that after the expiration of the term of service of those first 
appointed under the provisions of this act, those composing 
each class should serve two years, and until successors 
Proviso. are appointed and entered upon their duties : Provided, that 

the principal of said institution shall continue to be a mem- 
ber of said board, and that a majority of the directors au- 
thorized to be appointed under this act shall reside without 
the cou-.ty of Morgan. 

~ 2. That the number of trustees of the institution for 
the education of the blind shall hereafter be six, inclusive 
of the principal, who shall, ex qfficio, be a member of the 
board. The said trustees shall be divided into two classes, 
to consist of three members in each; those appointed du- 
ring the present session of the general assembly, to com- 



91 1853. 

pose the first class, shall serve two years, and those ap- 
pointed to compose the second class shall serve lour years, 
and until successors are appointed and enter upon their 
duties, and thereafter successors in each class shall serve 
two years, so that after the expiration of the term of ser- 
vice of those first appointed under the provisions of this 
act t!ie successors in each class shall serve two years, Tt . rmofscl . vice 
and until successors are appointed and enter upon their 
duties: Provided, that a majority of the trustees author- Proviso, 
ized to he appointed under this act shall reside without 
the county of Morgan. 

§ 3. The directors and trustees of said institutions for Business. 
the education of the deaf and dumb and blind, respectively, 
shall meet for the transaction of business half yearly, and 
at such other times as may be necessary to a proper dis- 
charge of their duties ; and the traveling and personal ex- 
penses incurred in attending the meetings by those residing Expenses. 
out of the county of Morgan, shall be paid out of the 
funds of said institutions respectively, upon order of the 
board. 

§ 4. The accounts of said institutions shall be settled Accounts, 
with the governor quarterly; and at every settlement all mo- 
ney previously paid or advanced shall be fully accounted 
for, and the vouchers for the same filed with the auditor. 

§ 5. The acceptance of the office or place of director 
or trustee of any one of said institutions, or of the hospital 
for the insane, shall vacate the office or place previously 
held in either of said institutions. 

§ 6. The law authorizing the members of said boards Acceptanceor 
to fill vacancies in their respective bodies is hereby re- 
pealed, and vacancies shall hereafter be filed by the gov- vacancies. 
ernor. This act shall take effect on its passage. 

Approved February 12, 1853. 



AN ACT to prohibit the sale of intoxicating; drinks. In force Feb. 12, 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That all 
laws, or parts of laws, which were in force in relation to Laws reenactca. 
the granting of license to persons for the purpose of retail- 
ing spirituous, vinous or mixed liquors, at the time of the 
passage of an act entitled "An act to prohibit the retailing 
of intoxicating drinks," approved February 1, 1851, be, 
and are hereby re-enacted and in full force and effect, as 
if never repealed : Provided, that no licensashall be grant- proviso, 
ed to any person for a less sum than fifty dollars, nor more 



1853. 92 

than three hundred dollars per annum. This act shall take 
Farmer proviso, effect from and after its passage. Jlnd provided further, 
that a grocery shall be deemed to include all house and 
places where spirituous or vinous liquors are retai 
less quantity than one gallon. The act entitled "An act to 
amend an act to reduce the laws incorporating the city of 
Chicago, and the several acts amendatory thereof, into 
one act, and to amend the same," and to amend an act to 
Acts repealed, charter the city of Peru, be and the same hereby is repeal- 
ed, and the provisions therein repealed are hereby revived 
and re-enacted. 

Approved February 12, 1853. 



Ia force Feb. 8, AN ACT to change the name of Katherine Early to that of Katherine West. 
1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented, in the General •Assembly, That the 
change. name of Katherine Early be and the same is hereby cl 

to that of Katherine West. 

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

Approved February 8, 1853. 



lo force Feb. io, AN ACT to restore the right of citizenship to William Wooda:d. 

1S53. 

Section. 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Assembly, That Wil- 
Reetored to cm- liam Woodard, who plead guilty to an indictment for raan- 
jenship. slaughter at the December term of the circuit e 

Kane county, for the year of our Lord eighteen hundred 
and fifty-one, and who was sentenced to the penitentiary 
for the term of one year, and who has served out his sen- 
tence, be and is hereby restored to all the rights, privi- 
leges, franchises and immunities to which he became ineli- 
gible by reason of said sentence. 

§ 2. This act shall be considered a public act, and shall 
be in force from and after its passage. 

Approved February 10, 1853. 



93 1853. 

AN ACT to amend an act to dispose of (he swamp and overflowed lands, Tn f 77 , 
and to pay the expenses of selecting and surve/ing the same approved "TbC* 

Section 1. Be it enacted by the people of the .state of 
Illinois, represented in the General Assembly, That the v „ dUor to 
twenty-fifth section of said act be and the same is hereby *°" I *"" her °»<«*« 
so amended as to authorize the auditor of public accounts ° f agcnt8 ' 
to receive of the agent appointed by the governor to select 
and report the swamp and overflowed lands in the county 
of Iroquois, any number of townships said agent may re- 
port as complete, and pay the expense of selecting the 
same, at any time. Any number of townships may be re- 
ported, instead of receiving the reports of the county com- 
plete, as is now required by said act. 

§ 2. To be in force and effect from and after its pas- 
sage. 

Approved February 3, 1853. 



AN" ACT to create the town of Pierce, in the county of De Kalb. In force Febt 1 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That ail 
that part of the county of De Kalb known and described Town of pieree. 
as township No. 39, in range five east of the third pricipal 
meridian, be and the same is hereby created and declared 
a separate and distinct township, to be designated and 
known by the name and style of the town of "Pierce." 

§ 2. That the said town of Pierce shall be entitled to Eights, &c. 
all the rights, privileges and immunities, exercise all the 
powers, and be subject to the same restrictions that attach 
to other towns organized in said county of De Kalb under 
the act providing for township organization. 

§ 3. The clerk of the county court of said county of 
De Kalb shall give notice to the inhabitants of said town 
of Pierce, by posting up three notices in three public 
places in said town of Pierce, at least fifteen days before 
the first Tuesday in April next, designating some suitable 
place in said town, when and where the first town meeting 
in said town shall be hoiden. 

§ 4. It shall be the duty of the clerk of the county 
court of said county of De Kalb to register the name and 
boundaries of said town in the record provided for that 
purpose. 

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

Approved February 11, 1853. 



1853 . 94 

in force Feb. 12, AN x\CT to change the name of Frank, therein named, to Prank Child?. 
1863. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
Change. name of "Frank" (a boy now living with Henry D. Childs, 

in Will county,) be and the same is hereby changed to that 
of Frank Childs, and by the said name of Frank Childs he 
shall be hereafter known and called. 

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

Approved February 12, 1853. 



f B ; Feb. 12, AN ACT to change the name of Elizabeth Hart to that of Elizabeth Hord. 
1853. 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the 
Obwge. name of Elizabeth Hart is hereby changed to that of Eliz- 

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

Approved February 12, 1853. 



m force Feb. 12, AN ACT to change the name of Ensley Moore Goudy to That of Ensley 
1853. Moore. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
name of Ensley Moore Goudy, of Pike county, the adopted 
son of Joshua Moore, of said county, be changed to that of 
Ensley Moore. 

§ 2. The said Ensley Moore shall be -and he is hereby 
declared to be entitled to all the rights that would belong 
or pertain to him was he the natural son of the said Joshua 
Moore. 

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

Approved February 12, 1853. 



Change of name. 



Name ' , 



95 1853. 

AN ACT to charge the name of Thomas Rockwood to that of Justice Beston. m force Feb. 10, 



i >:c. 



Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Assembly, That the 
name of Thomas Rockwood be and the same is hereby Change of name, 
changed to that of Justice Beston. 

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

Approved February 10, 1853. 



AN ACT to amend section first of an act to amend the act entitled "Fees In force Feb. u 
and Salaries/' chapter 41, Revised Statutes. 1853. 



Section 1 



Be it enacted by the people of the state of 



Illinois, represented in the General Assembly, That so 
much of said section one as fixes the salaries of state's at- Repealed. 
torneys at two hundred and fifty dollars per annum be and 
the same is hereby repealed. 

§ 2. That the salaries of state's attorneys shall be five salary. 
hundred dollars per annum, which shall be paid to the per- 
sons entitled thereto in quarter yearly instalments, on the 
warrant of the auditor, out of any moneys in the treasury 
not otherwise appropriated. 

§ 3. Tii is act to take effect and be in force from and 
after its passage. 

Approved February 11, 1853. 



A>j ACT to legalize the assessment of a school tax and other purposes there- mfow- Feb. 12. 
in named. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the a 
school tax levied and assessed on the lands in school dis- 
trict number one, township thirteen north, and ran^-e five 
west of the third principal meridian, in Sangamon county, 
for the year A. D. 1852, by the inhabitants of said district, 
for the purpose of erecting a school house, is hereby legal- 
ized. 

§ 2. That the directors of said district shall locate andT.> ere 
erect or cause to be erected a school house with the said 
tax or moneys, when collected, at the nearest practicable 
point to the geographical centre of said district. 

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

Approved February 12, 1853. 



. 



1853. 



9G 



AN ACT entitled an act for the relief of John Cosby and James Cosby. 



Whereas John Cosby and James Cosby became the secu- 
rities on the official bond of William M. Finney, late col- 
lector of Pope county for the year 1847 and 1848 ; and 
whereas it appears that the said collector was robbed ot 
all the public moneys in his hands ; and whereas U fur- 
ther appears that the revenue of the year 1847 has Deen 
collected from the said John and James Cosby, by the 
sale of all their property, both real and personal, on exe- 
cution, leaving them in a manner impoverished ; there* 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly. That the 
iiabu- said John Cosby and James Cosby be and they are here- 
by released from all liability on the said bond of 1848, or 
from the payment of any judgment heretofore rendered or 
to be rendered thereon, or execution issued or to be issued 
on said judgment : Provided, that nothing herein contain- 
ed shall be so construed as to release the said William M. 
Finney, or any other person or persons, from his, her or their 
liability on said bond of 1848, or any judgment rendered 
thereon. This act to take effect and be in force from and 
after its passage. 

Approved February 12, 1853. 



AN ACT to change the name of Fevre river, in Jo Daviess county. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
name of Fevre river, in Jo Daviess county, is hereby chang- 
ed to that of Galena river. 

5 2. This act to take effect and be in force from and 



after its passage. 

Approved February 12, 1853. 



rce F 
issr,. 



AN ACT 



to restore the rights of citizenship to certain persons therein 






Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Le 
to ci«- R wheeler and Adam Snyder, who were sentenced to the 
penitentiary of this state at the October term of the circuit 



97 1853. 

court of Knox county, in the year one thousand eidit hun- 
dred and forty-seven, and who served out said term be 
and they are hereby restored to all the rights, privileges 
and franchises to which they became ineligible by reason of 
said sentence. 

§ 2. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved February 8, 1853. 



AN ACT requiring compensation for causing death by wrongful acWlect In t , ce Feb lf 
or default. - ° 1353. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That when- 
ever the death of a person shall be caused by wrongful act, u*i. •« «w 
neglect or default, and the act,, neglect or default is such ^ 
as would, if death had not ensued, have entitled the party 
injured to maintain an action and recover damages in re- 
spect thereof, then, and in every such case, the person who 
or company, or corporation, which woula have been liable 
if death had not ensued, shall be liable to an action for dam- 
ages, notwithstanding the death of the person injured, and 
although the death shall have been caused under such cir- 
cumstances as amount in law to felony. 

§ 2. Every such action shall be brought by and in the T , 
names of the personal representatives of such deceased per! *=" 
son and the amount recovered in every such action shall ^ 
be or the exclusive benefit of the widow and next of kin of 
sue , deceased person, and shall be distributed to such 
widow and next of km in the proportion provided by law 
in relation to the distribution of personal property left by 
persons dying intestate; and in every such action the jury 
may gl ve such damages as they shall deem a fair and fust 
compensation, with reference to the pecuniary injuries re- 
sulting from such death to the wife and next of kin of such 
dollar? ed P erson » not , exceeding the sum of five thousand 
pilars Provided, that every such action shall be com- 
menced within two years after the death of such person. 
$6. i his act shall take effect immediately. 
Approved February 12, 1853. 



favor of whom 



1853. 9S 

m tore* l'sb. io, AN ACT entitled "An act in relation lo foreign guardians." 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That where 

(ji.irjian io aeii any person residino; in any other state of the United States, 

real estate. J r 6 J ' 

or any territory thereof, shall have been or may hereafter 
be appointed guardian, in the state or territory in which 
such person resides, of any infant or other person owning 
real estate within this state, not having any guardian in 
this state, it shall and may be lawful for every such guardian 
to file his or her petition in the circuit court of the county in 
which said real estate, or the major part thereof, may lie, 
for a sale of said real estate, for the purpose of educating 
and supporting such infant or other persons under guardi- 
anship, or for the purpose of investing the proceeds of such 
real estate in such manner as the court which appointed 
such guardian may order and direct; and the said circuit 
court is hereby fully authorized and empowered to order a 
sale of such real estate conformably to the prayer of said 
proviw. petition : Provided, that every such guardian applying for 

such sale, shall file with his or her petition an authentica- 
ted copy of his or her letters of guardianship : And provi- 
rttM ' n ^ Vi£0 - ded further, that the said circuit court shall make no. 
order for a sale under said petition until the said guardian 
shall have executed and filed in the court which appointed 
said guardian, a bond with sufficient security, approved by 
said last mentioned court, for the due and faithful applica- 
tion of the proceeds of every such sale, in such manner as 
the said last mentioned court may direct; an authenticated 
copy of which said bond, and the approval thereof, shall be 
deemed and taken by the circuit court as sufficient evi- 
dence of the execution and filing of the same, 
uuaraian to give § 2. Every guardian applying for an order of sale un- 
notice. jgj. jj ie foregoing section, shall be required to give notice 

of his or her petition in the same manner as is now required 
by law in cases of application for sales of lands belonging 
to minors, by resident guardians; and in every order for 
the sale of real estate under this act, it shall be the duty 
of t'.ic court to prescribe the terms of said sale, and the no- 
tice which shall be given thereof, and the place where such 
sale shall be made. 
tales to be valid. § 3. All sales of real estate under the provisions of 
this act shall be and the same are hereby declared to be 
good and valid ; and all deeds executed by such guardian 
to the purchaser or purchasers under such sales, shall con- 
vey to and vest in such purchaser or purchasers all the 
estate, right, title and interest, in law or equity, of said in- 
fant or others in i\nd to the land so sold. 

i ua , - § 4. Every non-resident guardian as aforesaid shall be 

"■'"" ult8 ' and hereby is authorized [and] empowered to prosecute 



99 1853. 

suits in the courts in this state, for the recovery of anymo- 
neys, demands, or other property due or belonging to their 
wards, and to receive and collect the same in the same 
manner as resident guardians : Provided, that such guar- Proviso. 
dian shall, at the time of the commencement of any suits 
under this section, file in said court an authenticated copy 
of his or her letters of guardianship. 

§ 5 In all suits instituted under this act, said guardian Bon«uor«wt 
shall give a bond for co^ts as in case of other non-residents. 

Approved February 10, 1$53. 



AN ACT regulating the collection of the revenue. In force Feb. 15. 

' 1863. 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Assembly, That the 
county revenue shall be collected in gold and silver coin, Fu[Ul3receival , le> 
county orders and jury certificates, and in no other curren- 
cy; the revenue for state purposes shall be collected in 
gold and silver coin, and auditor's warrants, and in no oth- 
er currency ; and state taxes, levied for any special pur- 
pose, other than to defray the ordinary expenses of the 
state government, shall be collected in gold and silver 
coin, and in no other currency. 

§ 2. The sheriff of each county shall be the collector of sheriff coiieetor. 
taxes, and his refusal to qualify and act as such shall vacate 
his office of sheriff, which shall be filled as in other cases of 
vacancy. 

§ 3. Said collector shall, at the December term of the ^ hen i*on.i to *>• 
county court, annually, and before he enters upon the du- 
ties of his office as collector, execute a bond, in addition to 
his bond as sheriff, in a penalty of at least double the 
amount of the taxes to be collected for that year, with two 
or more securities, who shall be residents of the said coun- 
ty, and owners of real estate equal in value to the amount 
specified in the bond ; which amount shall be determined 
and which bond shall be approved by the county court, and 
shall be witnessed by at least one witness who can write 
his name, and be substantially in the following form, to wit : 

"Know all men by these presents, that we, A. B., col- Bond, 
lector, and C. D. and E. F., securities, all of the county 

of , and state of Illinois, are held and firmly bound to 

the people of the state of Illinois in the penal sum of 

dollars, for the payment of which, well and truly to be 
made, we bind ourselves, each of us, our heirs, executors 



1853. 100 

and administrators, firmly by these presents. Signed with 

our hands and sealed with our seals, this day of , 

18—. 

"The condition of the foregoing bond is such, that if the 
above bound A. B. shall perform all the duties required to 
be performed him, as collector of the taxes for the year 

condition*. 18 — , in the time and manner prescribed by law, and . hen 
he shall be succeeded in office, shall surrender and ver 
over to his successor in office all books, papers and mon- 
eys belonging to said county, or to the state, and ier- 
taining to his said office, then the foregoing bond to be 
void, otherwise to remain in full force. 

A. B. [l. s.l 
CD. [l. b.-| 
E. F. [*.. s.] 

witness. " Signed, sealed, and delivered in presence of me, 

G.H." 

©a*. He shall also take and subscribe an oath, to be indorsed 

on the back of the bond, before some person authorized to 
administer oaths, that he will faithfully, diligently and im- 
partially, to the best of his skill, judgment and ability, per- 
form all the duties required of him by law, as such collector. 

Bond nut void. § 4. Bonds given in pursuance of this act shall not be 
considered void, nor shall any security be releas. d from 
any liability thereon, in consequence of any informality in 
the assessment, or in making out- the assessment lists, DO* 
of any change or alteration in the law made by the iera] 
assembly, although the same may be made after the e vecu- 
tion of said bond. 

Bona approved. § 5. The collector's bond shall be approved by the 
county court, and shall be correctly copied and entered on 
on the records of said court, and forthwith mailed to the 
auditor of public accounts, with the certificate of the clerk, 
under the seal of his office, showing that said bond has been 
duly approved and recorded. Said bond, when approved 
and recorded, shall be a lien against the real estat* i if such 
collector, until he shall have complied with the conditions 
thereof. 

Tax ust. § 6. On the first Monday of December, annually, or as 

soon thereafter as the collector shall be qualified, the clerk 
shall deliver the tax lists or books to said collector, and 
shall take from him duplicate receipts, setting forth the 
amount of state, county and special tax, charged r said 
year, one of which shall be forwarded to and filed in the of- 
fice of the county treasurer, and the other in the office of 
the county clerk. 

oioik compute § 7. The clerk shall compute the amount of taxes due 
on each tract or parcel of land, on each town lot oi 
and on each person's personal property, placing the amount 
of such tax in the proper columns opposite the valu here- 



101 1853. 

of, in all cases rejecting the fractions of cents, and shall add 
up '• igures showing the amount of such tax, in the prop- 
er r»olnmns, and the aggregate amount in each column 
sir; e noted on each page. Said clerk shall t*>st t l <p ae- 
bui of such addition-', by computing the amount of tax 

on t • aggregate value of property on each page, that he 
ma, • certain that the tax has been correctly extended 
and ad led. 

§ 8. In all cases when any real property has heretofore b^ tax added. 
bee-\ or may hereafter he forfeited to the state for taxes, 
it s he the duty of the clevk, when he is making up the 
am* tint of tax due on such real property for the current 
year, to add the amount of back tax and fees remaining 
due on such real property, with six percent, interest there- 
on, the tax of the current year, anil the aggregate 
amount so added together shall be collected in like man- 
ner as the tax on other real property for that year may be 
col' cted. 

§ 9. The clerk shall annually make out for the. use ofcierktomaketa: 
the collector correct list*, of the property assessed; which 
list* shall set forth, in alphabetical order, the names of the 
per is owing tax on personal property in each collector's 
district, the aggregate value of such property a-^se^sed to 
each person, and the amount of tax due thereon, and such 
other tacts as mav be required by the forms and instructions 
pro' led for by this act; he shall make out the abstracts of 
real iroperty in numerical order, which shall show the name 
of th»- person t> whom each tract or lot is assessed, the 
vali!'' of each tract or lot, and the amount of taxes thereon ; 
which '1st shall be made out in strict conformity wit 1 ; the 
form-; and instructions furnished by the auditor, as required 
by this act. 

§ 10. When the books or lists for the collector are Abstract t 
completed, the clerk shall make out a complete abstract, hw-niLe. w 
showing the aggregate number and value of each kind of 
personal property enumerated in the assessment list ; the 
value of uncnumerated articles ; the value of goods and 
merchandise ; the value of property listed by bankers, bro- 
kers and stock jobbers.; the value of property listed by 
manufacturers ; the value Of moneys and credits ; the val- 
ue of moneys invested in bonds, stocks, joint stock com- 
panies, &c; the value of property listed by banks; the 
value of lands, and the value of town and city lots ; the 
amount of state tax due thereon, and the rate of taxation 
for county and other special purposes. The correctness 
of sai 1 abstract shall be certified to by the clerk, with the 
seal of said court attached, and forwarded to the auditor's 
office by mail. A true copy of said abstract shall be enter- 
ed on the records of said court. If any clerk shall kuow- 
inglv make a false or incorrect abstract of the value of tax- 



1853. 102 

able property, lie shall be deemed guilty of perjury and 
punished accordingly. 

§11. The collector of each county, upon receiving the 

wieotor to ^-assessment list from the clerk of the county court, and giv- 

leot - ing a receipt for fhe same, shall proceed to collert the 

taxes charged upon said list, by causing a printed notice to 
be posted up in three different places in each election pre- 
cinct, and in three different places at the county seat; one. 
of which shall be the door of the court house; and shall 

jrotioe. cause the same to be inserted in any newspaper published 

in such county, if any be polished therein, for the space 
of three successive weeks, stating in such notice upon what 
day or successive days the collector will, by himself or 
agent, attend in such precincts, at the place of holding 
elections, or at some other equally public and convenient 
place named therein, for t ,c purpose of receiving taxes ; 
and the said collector or his agent shall attend for tin pur- 
pose aforesaid, on the day and at the place named in such 
notice, and shall also attend, by himself or agent, at 
fice at the county seat, during the month of February, lor 
the same purpose. The said notice shall be considered a 

Notiro demand, demand for the taxes, and shall be a Hen on the property ot 
the person owing such taxes; which notice shall be posted 
up and advertised, as aforesaid, at least three weeks prior 
to the time specified for meeting in the precinct. 

§ 12. If any person shall fail to pay the taxes charged 

Mecto. sen. 3.^ ^ ^ ^ ^^ ^ ^ ^ ^ ^.^ ^.^ ajter 

the publication of said notices, the collector may distrain 
his personal property, and proceed to sell the same as pre- 
scribed by this act: Provided, that if there be danger of 
loss by the removal or insolvency of any person owing tax- 
es, the collector may distrain and sell property at any time 
after receiving the tax books. 

8 V\. If any person owing taxes, and being a resident, 
r.H«r,to P ay. ^ ^ ^ eot to pay his taxes in the precinct at the 

time appointed by the collector, or at the office < 1 said col- 
lector, before the first day of March, annually, he snail pay- 
to the said collector a fee of fifty cents, in addition to the 
amount of his tax; and if any such person shall fail OT 
neglect to pay the amount of his taxes and the fee aforesaid, 
the collector may levy upon, remove and sell a sufficient 
amount of the personal property of said person to pay the 
taxes and costs of sale, and all legal and proper charges for 
removing and taking care of the. said property; and if said 
property shall sell for more than the amount of taxes and 
costs, the excess shall be paid, on demand, to the owner of 
the property : Provided, that the fee of fifty cents mention- 
ed in this section shall not be charged in any case until af- 
ter the expiration of one month after the meeting in the 
precinct. 



10,3 



1853. 



§ 14. In levying on and selling property for taxes, the now sou:. 
collector shall be governed by the same rules, and be enti- 
tled to the same fees, as constabh s are for like services on 
executions ; but in no case shall any collector charge mile- 
age unless he is compelled to distrain property. 

§ 15. On or before the first day of June annually, wuwpmt fat. 
the collector shall make out and file with the clerk of the 
county court, a statement in writing, setting forth the name 
of the person or persons charged with taxes on personal 
property, which he has been unable to collect, by reason of 
the insolvency or removal of such person, or in conse- 
quence of an error or errors in the assessment, or in the 
list furnished him ; the cause of error, whether insolvent or 
removed, and the value of the property assessed, and the 
amount of tax due by said person ; which list shall be made 
out in the form and according to the instructions that may 
be furnished, and the truth thereof shall be verified by the 
oath of such collector. Said list shall be laid before the 
county court at their June term, and if approved by said Courtallow - 
court, they shall make an order allowing said collector an 
abatement therefor, and the clerk shall certify the value of 
the property upon which the taxes are so abated, and the 
amount of the state tax charged thereon, to the auditor of 
public accounts, who shall allow the collector credit for the 
amount so certified : Provided, that if the auditor shall have Auditor. 
reason to believe that the amount stated in said certificate 
is not correct, or that the allowance was illegally made, he 
shall return the same for correction; if there be no court 
held at the June term, then the clerk shall certify the value 
of property and the amount of the state tax charged on the 
list ol abatements filed by the collector, to the auditor, who 
shall allow the collector credit for the same, subject to the 
further action of the court, and said court shall examine 
and act upon the said list at their first term thereafter, and 
their action shall be certified by the clerk to the auditor, 
who shall adjust the account of the collector, as provided 
for in this act. 

§ 16 The county courts of the several counties in this Juri8dictlon of 
state shall have original jurisdiction of suits for taxes due "»** COVTt& 
on real property, whether such courts be silting for the 
transaction of county or probate business. 

§ 17. Personal property shall be liable for taxes levied Pcrsonn] propcr 
on real property, and real property shall be liable for taxes tvliable - 
levied on personal property, but the tax on personal pro- 
perty shall not be charged against real property, except in 
cases of removals, or where said tax cannot be made out 
of the personal property; but the collector may in all ca- 
ses sell personal property for taxes due on real property. 

§ 18. If the taxes on any town or city lot or Jots shall Town lots sow. 
remain unpaid on the third Monday in April next after said 



1853. 104 

taxes become due, the collector shall advertise, obtain 
judgment and sell such lots in like manner as is provided 
for by this act for advertising, obtaining judgment an 
ing delinquent lands. And if any such lots be forfeited to 
the state, as is provided for in the case of delinquent lands, 
the clerk shall certify to the auditor the amount of state 
tax charged on the lots so forfeited, and the auditor shall al- 
low the collector credit therefor, and charge the same to the 
collector for the following year. The county court shall 
allow the collector credit for the county tax and printer's 
fees on the lots forfeited to the state. Town and city lots 
shall be sold annually, in the month of May next after the 
taxes become due, or as soon thereafter as practicable. 

•ouector to ale § 19- If the taxes on any tract or parcel of land, other 
tandiisu. £ nan ( own or city lots, shall remain unpaid on the first day 
of May next after such taxes become due, said collector 
shall make out and file with the clerk of the county court 
a true and correct list of said lands, setting forth the name 
of the. owner, or person in whose name the said property is 
taxed, a description of the property, the value of each 
tract or parcel, and the amount of taxes charged thereon, 
together with the aggregate value and amount of tax due 
on such list; and he shall attach to and file with said list 
an affidavit, which shall be in the following form, to wit: 

outh. "I, A. B., collector (or deputy collector, as the case 

may be,) in and for the county of , do solemnly 

swear that the list to which tin's affidavit is attached is 
true and correct, and that the taxes thereon, as set forth 
in said list, are unpaid, and that I have used due diligence 
to collect said taxes, and that the aggregate amount therein 
stated remains due and unpaid, as I verily believe." 

Battlement. Said list shall be examined by the county clerk, and all 

errors therein corrected ; and the collector shall be al- 
lowed credit in his settlement for the amount of county tax, 
including road, school, and other special county tax due 
thereon. The clerk of the county court shall, within ten 
days after the filing of said list, make out a true and cor- 
rect copy thereof, in manner and form as may be required 
by the auditor of public accounts, and shall forward the 
same to said auditor, to be filed in his office. 

Delinquent list § 20. If there be no comt held at the proper time for 
settling and adjusting the accounts of the collector, it shall 
be the duty of the collector to file the lists with the clerk 
of the county court, who shall examine said lists and cor- 
rect the same, in like manner as the county court is re- 
quired to do. He shall make an accurate computation of 
the value of the property and the amount of the delinquent 
tax returned, for which the collector should have credit, 
i. for and he shall forward the lists and statements required by 
this act within ten days from the time fixed by law for the 



105 1853. 

commencement of such term of the said court; and in all 
sue' ses the county court shall, at their first term there- 
after, examine such settlement, and if tlfej find it to be cor- 
rect, they shall enter an order to that erlect ; hut it' they 
fin< ' it any omission or error has been made, they shall 
can- the same to be corrected, and a correct statement of 
the s in the ease forwarded to the auditor, who shall 

co r ' and adjust the aceou! ts accordingly : Provided, 
that the collector shall make out, for his own use, correct List for collector. 
coph of the list of delinquent lands and delinquent town 
lot 1 by him with the clerk, and shall return the tax 

books to the clerk at the time of making settlement, to be 
file i preserved in the office of said clerk. Said copies 

or II ts shall be carefully compared and corrected, in like 
manner as the lists made out for the auditor's office, the 
correctness of which shall je certified to by tlfe clerk; 
which list, when certified to as aforesaid, shall be a suffi- 
cient authority for the collector to collect the taxes due 
tht : Provided, that the collector shall file with the 

clerk at the time of his settlement, a statement under oath, 
showing the amount of taxes collected by him on the de- 
Hnque land list during the month of May, and the clerk 
shall report the amount of state taxes so collected to the 
ffU with the statement of settlement. 

§ 21. The clerk of the county court shall make out cierk's doty, 
and deliver to the collector, on or before the fifteenth day 
of June annually, the statements, certificates and lists ap- 
;■• rig to the settlement of the accounts of such col- 

lector ; which statement, certificates and lists shall be made 
out in proper form, under seal of said court, securely en- 
veloped and sealed. The collector shall deliver the pack- collector B eui«. 
age received from the clerk as aforesaid, at the office of 
the auditor, and make a final settlement of his accounts, 
and pay the amount due the state into the state treasury, 
on or before the thirteenth day of June next after receiving 
the tax books. At the time of making the settlement, the 
clerk shall deliver to the collector a memorandum show- 
ing the net amount collected, as per said settlement; and 
if any clerk shall neglect or refuse to make out and deliv- 
er the statements, certificates, and lists as required by this 
act, on demand of the collector, he shall be liable for allpeDaity. 
damages sustained by such collector, or his securities, by 
reason of such neglect or refusal. 

§ 22. If any collector shall refuse, fail or neglect to proceedings, if 
make s.-ttlement and pay the full amount due from him to * tor ton * 
the state into the state treasury, as is or may hereafter be 
required by law, it shall be the duty of the auditor of pub- 
lic accounts, and he is hereby authorized and required to 
issue a warrant, under his hand and seal of office, directed 
to the coroner of the proper county, (if there be no coroner 



1853. 



106 



Indorsement. 



Special agents 



then to some suitable person, appointed by said auditor as 
especial agent for that purpose,) commanding him to levy 
and collect such sums as shall remain clue from such collec- 
tor, and pay the same into the state treasury, as required by 
law. Said auditor shall attach to every such warrant a 
correct statement of the account of such collector, as 
charged on the books in his said office. The warrant 
aforesaid shall have the same force and effect as execu- 
tions issued by the circuit courts. 
be § 23. The coroner or agent to whom such warrant shall 
be directed shall immediately cause the same to be execu- 
ted, and the money collected out of the goods and chattels, 
lands and tenements of such collector, and make return of 
such warrant to the said auditor, and pay the amount col- 
lected, after deducting his commissions and fees, into the 
state treasury, within forty days from the issuing of such 
warrant : Provided, that if any warrant issued by the 
auditor shall be lo*t or destroyed, the auditor shall issue a 
duplicate warrant, bearing date at the time of issuing the 
same. The coroner or agent collecting money on any war- 
rant issued as aforesaid, shall be allowed the same mile- 
age that would have been allowed to the collector had 
he paid over the funds as is required by law, and such fees 
as is allowed by law to sheriffs for serving executions, ad- 
vertising property, &c ; which fees shall be charged and 
collected in like manner as fees on executions are chaiged 
and collected. 

§ 24. The coroner or agent to whom any warrant s.iall 
be issued in pursuance of this act, shall indorse thereon 
the facts in the case, and if it shall appear that the 
or any part of the sum due remains unpaid, and that the 
collector has no goods and chattels, land or tenements in 
his county, out of which to make the amount remaining 
due, or any part thereof, the auditor shall cause suit to be 
commenced on the bond of such collector, at the first term 
of the supreme court held at the seat of government, or 
of the Sangamon county circuit court, thereafter. 

§ 25. In all cases where special agents are appointed, 
as provided for in the foregoing sections, the auditor shall 
require such agents to file with the clerk of the county 
court of the proper county a bond, with one or more secu- 
rities, to be approved by the county judge, in a penal sum 
of at least double the amount to be collected, and made 
payable to the people of the state of Illinois, and condi- 
tioned for the faithful performance of the duties required 
of him by this act. And if any coroner shall neglect or 
refuse to comply with the requirements of this act, he 
shall be liable on his official bond for all damages caused by 
such refusal or neglect, and if any coroner shall knowingly 
make a false return on any warrant issued by the auditor 



107 1853. 

as aforesaid, he shall be deemed guilty of perjury, and shall 
be punished accordingly. Agents appointed to execute any 
warrant issued by the auditor as provided for by this act, 
who may file bond and accept such appointment, shall be 
liable to like penalties as the coroner. And if any coroner 
or agent shall collect moneys due the state, and fail or neg- 
lect to pay the same into the state treasury as required by 
law, he shall pay, for the use of the state, ten per cent, per 
month damages, from the time he should have paid over said 
money until paid : Provided, that in cases of sickness, or 
other reasonable excuse, to be verified by the oath of the 
person so failing to pay, and the payment being made within 
a reasonable time, the auditor may remit such damages. 
But if such coroner or agent shall apply or use any funds 
collected by him and belonging to the state for his own 
benefit, or the benefit of dny other person, or in any other 
way or manner than is provided for by law, such coroner 
or agent shall be deemed guilty of embezzlement, and on 
conviction thereof shall be punished accordingly. 

§ 26. The auditor of public accounts shall file the list Auditor. 
of delinquent lands upon which the taxes remain due and 
unpaid, and shall add to the amount of tax charged on each 
tract ten cents, to be collected and paid into the state 
treasury. Any person desiring to pay the taxes due on 
said lands may pay the same into the state treasury at any Non-resident tax 
time before the first day of August next, after the said tax- 
es become due. If the taxes on any such lands shall re- 
main due and unpaid after the first day of August aforesaid, 
the auditor shall aad fifty per cent, on the amount of taxes 
due on eaeh tract to said (axes, and the aggregate thereof 
shall be charged and collected. Any person may redeem 
said lands by paying the amount charged as aforesaid into 
the state treasury, at any time before the first day of No- 
vember thereafter. 

§ 27. On the first day of November, annually, or as Auditor to mak« 
soon thereafter as practicable, the auditor of public ac- Iist ' 
counts shall make out and transmit by mail to the clerk of 
the county court, to be filed in the office of said clerk, a 
correct list of all the lands which had been returned to 
him as delinquent, and upon which the taxes remained un- 
paid on the first day of November. 

§ 28. The collector shall add fifty per cent, on the tax- collector's duty, 
es rem lining due on the first, day of June to the tax charged 
on each tract of land, and the aggregate thereof shall 
be collected and paid over to the state and county, ac- 
cording to the rate of taxation for that year. Any per- 
son desiring to redeem or pay the taxes on such lands in 
the ciunty after the first day of June, may do so b}' paying 
the amount charged as above set forth to the collector, at 
any time before the first day of December thereafter. 



l»ere<l 



1853. 108 

When said collector shall receive the tax on any tract of 
land or town lot, subsequent to the first day of June afore- 
said, he shall set forth the amount so received oppn 
tract cr lot so redeemed, in 3 id ! for ♦br,* pur- 

pose, and shall note (he date of such payment opposite «uch 
tr:>el or jot on the list of delinquent lands and lots if 're- 
said, and shall file said lists with the clerk, on or before the 
first f1 ay of December aforesaid 
m to be com- § 29. The clerk shall carefully compare the delhi- 
qiei.t list returned by the auditor with the list returned by 
the collector, and if there be any lands or lots upon \s hich 
the 1axes have not been paid, he shall add the amount !ue 
theicon to the tax due on such lands and lots for the next 
succeeding ) T ear, and shall make out a true and correct 
list of such lands and lots, which shall be delivered to the 
collector with the tax books of the current year, or as -oon 
thereafter as practicable; but in all cases such lists shall 
be delivered prior to the time of meeting in the precinct, 
and the said collector shall place said lists in some -conspic- 
uous place at the house where he may b« collecting, during 
the time he may remain at that precinct, so that each per- 
son may examine the same, and shall collect the. taxes 
thereon by sale or otherwise. 

§ 30. When any person owning lands in any county 
in this state shall fail to pay the taxes assessed there- 
on, as provided for in the foregoing sections, on or before 
the first day of March next after the list is returned by 
the auditor, it shall be the duty of the collector to publish 
an advertisement in some newspaper published in his coun- 
ty, if any such there be, and if there be no sue i , per 
printed in his county, then in the nearest newspaper in 
this state, which advertisement shall be once published at 
least four weeks previous *o the term of the county court 
at which judgment is prayed ; and said advertisement shall 
contain a list of the delinquent lands upon which the taxes 
remain due and unpaid, the names of owners, if known, 
the amount due thereon, and the year or years for which 
the same are due, and shall give notice that he will apply 

to the county court, at the term thereof, for judgment 

against said lands for said taxes, interest and cost, and for 
an order to sell said lands for the satisfaction thereof; and 
shall also give notice, that on the first Monday next suc- 
ceeding the day fixed by law for the commencement ofthe 
said term ofthe said county court, all the lands for sale of 
which an order shall be made will be exposed to public 
sale at the place of holding court in snid county, for the 
amount of 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 le- 
gal notice both ofthe intended application ofthe collector 



109 1853. 

to the county court for judgment, and also of the sale of 
lands 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 accurately and properly, the 
collector shall select some other newspaper, having due 
regard to the circulation of such paper. 

§ 31. Hereafter, no purchaser of any land or town lot 
at any sale of lands or town lots for taxes due, either to 
the state, or any county or incorporated town or city ^"'J 1 ^ "* 1 
within the same, or at any sale for taxes or levies author- 
ized by the laws of this state, shall be entitled to a deed 
for the lands or town lots so purchased, until he or she 
shall have complied with the following conditions, to wit : 
Such purchaser shall serve or cause to be served a writ- 
ten notice of such purchase on every person in possession 
of such land or town lot, at least 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 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 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 printed in 
such county, and if no newspaper 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 ex- 
pire. Every such purchaser, by himself or agent, shall, 
before he shall be entitled to a deed, make an affidavit of 
of his having complied with the conditions of this section, 
stating particularly the facts relied on as such compliance; 
which affidavit shall be delivered to the person authorized 
by law to execute such tax deed, and which shall by him be 
filed with the officer having custody of the record of the 
lands and lots sold for taxes and entries of redemption in 
the county where such lands or lois 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 swearing falsely in such affi- 
davit shall be deemed guilty of perjury and punished ac- 
cordingly. In case any person shall be compelled under 
this section to publish a notice in a newspaper, then, be- 
fore any person who may have a right to redeem such lands 
or lots from such tax sale shall be permitted to redeem, 



1853. 110 

he or she shall pay the officer or person who by law is au- 
thorized to receive such redemption money, the printer's 
fee for publishing such notice, and the expenses of making 
Fa<*- and filing the affidavit: Provided, that the fee for such 

publication, where the notice does not include more than 
four tracts or lots, shall not exceed one dollar; and when 
the notice contains more than four tracts or lots, then the 
printer shall be allowed twenty cents for each additional 
tract, and five cents for each additional town lot contained 
in such notice. 
Death or coiiec- § 32. In case of the death of any collector during 
the time the tax books are in his hands, and before the 
time specified in this act for making settlement, the clerk 
of the county court shall demand and take charge of the 
tax books, and shall appoint one or more competent per- 
sons to examine said tax books, and thereupon shall forth- 
with notify the judge of said court of the fact, and said 
judge shall appoint two competent persons to examine said 
tax books, and it shall be the duty of the persons so appoin- 
ted to ascertain the amount remaining uncollected, and 
make out a correct abstract of the same : Provided, that 
should there be but a small portion of the taxes collected 
at the time of the death of the collector, then the amount 
actually collected shall be ascertained, and the same books 
used in completing the collections. 
Y mic". cy ' h ° w § 33. In case of a vacancy, as mentioned in the forego- 
ing section, the county court may appoint a suitable person 
to complete the collections, who shall execute a bond, 
collect and pay over the taxes in the same manner, and 
his acts shall be as binding and effectual as the collector's 
would have been had he completed the collections ; and 
the court may, if the circumstances of the case require it, 
allow the said collector further time to complete the col- 
lections and make settlement, which shall not be for a 
longer time than three months over and above the time al- 
lowed to collectors by this act. And the collector so ap- 
pointed may obtain judgment at any regular term of the 
county court, and sell delinquent lands and lots in like man- 
ner as the collector would have been authorized to do had 
wiw m«y sou. ne completed such collections: Provided, that if the col- 
lector had attended in the precincts for the purpose of col- 
lecting the taxes, or had advertised the delinquent land list 
before his death, it shall not be necessary for his successor, 
or the person appointed to complete the collections, to at- 
tend in said precincts or re-advertise, but he shall proceed 
to finish the collections in the same manner as the collector 
would have been authorized to do if he had lived, 
irhen judgments § 34. All suits or applications for judgment, and order 
of sale for taxes on delinquent lands and town lots, shall 
be made at regular terms of the county court, and the sale 



m 1853. 

shall be made at the time specified in the notice, whether 
the court remain in session or not. If for any cause the 
court shall not be holden at the term at which judgment is 
prayed, the cause shall stand continued ; and it shall not 
be necessary to re-advertise the list or notice required by 
law to be advertised before judgment and sale, but at the 
next regular term thereafter the court shall hear and de- 
termine the matter, and if judgment is rendered the sale 
shall be made at the same time and in like manner as it 
would have been made if the suit had been commenced at 
that term. 

§ 35. The printer publishing the listof delinquent lands Duty of ,ri»fr. 
and town lots, shall transmit by mail or other safe convey- 
ance to the collector, four copies of the paper containing 
said list. Upon the receipt of said paper, and on demand 
being made, the collector shall pay to the printer the amount 
of the fees allowed by lav/ for publishing said lists and no- 
tice; and it shall be his duty to file one copy of said paper 
in his office and deliver one copy to the clerk of the county 
court, and one copy to the auditor of public accounts, and 
one copy to the state treasurer, who shall file and safely 
preserve them in their respective offices : Provided, that if 
said publication is not made in accordance with the re- 
quirements of the law, or the papers above mentioned are 
not furnished the collector before the first day of the term 
of the court at which judgment is prayed, the collector 
shall not pay said fees until they are collected by him. 

§ 36. If any collector shall neglect or refuse 'to pay the r nter »», w 
amount due the printer as required by this act, it shall be 
competent for the printer to collect the same in an action 
of debt against such collector. 

§ 37. The collector shall file the list of delinquent lands collector ni? it.t. 
and town lots, which shall be made out in numerical order, 
and contain all the information necessarv to be recorded, 
with the clerk of the county court, at least five days be- 
fore 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 : 



1853. 



112 



J2 list of lands and town Jots reported by , collec- 
tor of the revenue for the year 18 — , upon which he has 
been unable to collect the taxes due thereon, and now on 

this day of , IS — , files this his petition for a 

judgment and order of sale against said lands and lots 



at the 



term, 18 — , of the county court. 



Owners' Names. 






Record of judg- The clerk of the county court shall, before the day of 
sale, make a correct record of the lands and tov n lots 
against which judgment is rendered in any suit, for taxes 
due thereon, and which shall set forth the name of the 
owner, if known, the description of the property, and the 
amount due on each tract or lot, in the same order as said 
property may be set forth in the judgment-book, and shall 
attach thereto a correct copy of the order of the court, 
and his certificate of the truth of such record; which re- 
cord, so attested, shall here tfter constitute the proc sss on 
which all real property shall be sold for taxes, as ell as 
the sales of such property. When any tract of land or 
town lot shall be sold, it shall be the duty of the clerk to 
enter on the record aforesaid the quantity sold and the 

judgment book, name of the purchaser, opposite each tract or lot. in the 
blank columns provided for that purpose, and when any 
such property shall be redeemed from sale, the clerk shall 
enter the name of the person redeeming, the da e and 
amount of redemption, in the proper columns. Said book 
shall be so ruled that there shall be suitable blank columns 
for entering the quantity or portion of each tract or lot that 
may be sold, the name of the purchaser, and such other 
columns as may be deemed necessary. 

collector's report § 38. On the first day of the term at which judgment 
on delinquent lands and town lots is prayed, it shall oe the 



113 1853 . 

duty of the collector to report to the clerk a list of all the 
lands and town lots upon which taxes have been paid, if 
any, from the filine of the list mentioned in the foregoing 
section up to that time ; and the clerk shall note the fact op- 
p osite each tract upon which the taxes have been paid. The 
collector assisted by the clerk, shall compare and correct 
said list ,and shall make and subscribe an affidavit, which 
shall be as near as may be in the following form : 

"I, f collector of the county of , do solemnly 0ath 

swear, (or affirm, as the case may be,) that the foreo-oino- 
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 taxes as required by law for the 
year or years therein set forth ; that said taxes now remain 
due and unpaid, as I verily believe." 

Said affidavit shall be entered on the record at the bot- 
tom 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. 

§ 39. The court shall examine said list, and if defence court render 
or objection be offered by any person interested in any of J ud « meiU - 
said lands or lots to the entry of judgment against the same, 
the court shall hear and determine the matter in a summa- 
ry manner, without pleadings, and shall pronounce judg- 
ment as the right of the case may be, and shall direct the 
clerk to make out and enter an order for the sale of such 
real property, which shall be substantially in the following 
foam : ° 

" Whereas, due notice has been given of the intended 
application for a judgment against said lands, and no owner 
hath appeared to make defence or show cause why judg- 
ment 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 considered bv 
the court that judgment be and is hereby entered a?ains"t 
the aforesaid tract or tracts of land, or parts of tracts (as 
the case may be,) in favor of the state of Illinois, for the 
sum annexed to each tract or parcel of land, bein<* 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; s shall be sufficient of each of 
them to satisfy the amoun. of taxes, interest and costs 
annexed to them severally, be sold as the law directs." 

§40. Said order shall be signed by the judge, and shall ,„. . , 
have the same effect as judgments and orders made by the Jndge 81gn ^ r • 
circuit court. Persons aggrieved by any decision of the 
county court in such cases, shall have the right of appeal 
to the circuit court, by giving bond and security, payable 
to the people of the state of Illinois, as is required in cases 
of appeals from justices of the peace. 
f 



1853. 1U 



5 41 The clerk of said court shall, within five days 
" P ° after any sale for taxes, make out and deliver to the col- 
lector a transcript of sales for taxes, which shall be writ- 
ten on foolscap paper, made up and stitched in book form, 
suitable for binding. Said collector shall deliver said tran- 
script to the auditor at the time that he is required to make 
settlement for the state tax. 
LMrfB ana lot, to § 43. Every tract of land or town lot offered at public 
• sale for the taxes due thereon, and not sold for want ot 
bidders, shall be and the same is hereby declared to be 
forfeited to the state ot Illinois. ^ . 

««* to certify. § 43. If any lands or town lots shall be forfeited to the 
state for taxes, it shall be the duty of the clerk of the coun- 
ty court to certify to the auditor of public accounts the 
assessed value thereof, and the amount of state tax and the 
amount of county tax charged thereon ; and the auditor 
shall credit the collector with the amount of state tax due 
on said property, and the court shall allow the collector 
credit for the printer's fees and county tax thereon. 
Forfeited pro- § 44, If any person shall desire to redeem any tract ot 
SedT' ""land or town lot forfeited to the state, he shall apply to the 
clerk of the county, who' shall issue his order to the 
collector, directing him to receive from such person the 
amount due on said tractor lot, particularly describing the 
property, and setting forth the amount due, including the 
printer's fee ; and upon presentation of said order to the col- 
lector he shall receive said amount and give the person du- 
plicate receipts therefor, setting forth the proper descrip- 
tion of the property and the amount received; one ot which 
shall be countersigned by the clerk, and when so counter- 
signed shall be evidence of the redemption of the property 
therein described, but no such receipt shall be valid until 
it is countersigned by the clerk ; the other receipt shall be 
filed by the clerk in his office, and said clerk shall cancel 
the sale of the property so redeemed on the books m his 
office, and charge the amount of the redemption money to 
the collector, 
court to examine § 45. At the December term of the couoty court annu- 
aocount. aU > it ghall be the duty of said court to examine the ac- 
count of the said collector, and cause the amount of state 
tax and interest collected on such forfeited property to be 
certified to the auditor of public accounts, who shall charge 
Alitor charge. ^ game to tbe co llector : Provided, that if the collector 
who received said redemption money shall be succeeded in 
office, he shall pay the amount in his hands over to his suc- 
cessor, who shall pay said amount into the state treasury 
when he settles for the taxes of the current year. 

S 46 The amount due on lands and lots, and remain- 

T "'°"°"* M - J unpaid on the first .lay of November, shall be added to 

the tax of the current year, and the amount thereol shall 



115 , 1853. 



be reported against the collector with the amount of the 
assessment for said year; said collector shall collect and 
pay over the said amount in like manner as other taxes 
and [he is hereby authorized to advertise and sell said pro- 
perty in the same manner as if said property had never 
been forfeited to the state. Said additions and sales shall 
be continued from year to year until the taxes on said pro- 
perty is paid, by sale or otherwise : Provided, that at the 
regular sale m the year 1855, and every five years there- 
after, all the property previously forfeited and remaining 
unredeemed, shall be sold to the highest bidder, but not 
for a greater sum than is due thereon, including costs, &c, 
and the former sales of such property as will not sell shall 
be cancelled: Provided, that if any person shall offer to 
pay the taxes, mterests and costs due on any tract or lot 
forfeited as aforesaid for a less quantity than the whole 
trac. or lot, then such property shall be sold to the person 
offering to pay the amount due thereon, for the least quan- 
tity or part thereof. ^ 

§ 47. Real property sold under the provisions of this „ , ,- 
act may be redeemed at any time beforethe explain of ^SST 
two years from the date of sale, by the payment in specie, 
to the clerk of the county court of the proper county, of 
double the amount for which the same was sold, and all 
taxes accruing after such sale, with ten per cent, interest 
thereon from the day of sale, unless such subsequent tax 
has been paid by the person for whose benefit the redemp- 
tion is made ; which fact may be shown by the collector's 
receipt: Provided, that if the real property of any minor 
heir, femme covert or lunatic be sold for taxes, the same 
may be redeemed at any time within one year after such 
disability be removed, upon the terms specified in this sec- 
tion; wmch redemption may be made by their guardians or i 
legal representatives. 

§ 48. The securities on any bond given in pursuance taitai pro- 
of this act, or either of them, may at any time after the tected - 
execution of said bond, if they, or either of them, have 
good reason to^elieve that the officer in said bond is about 
to tail to comply with the conditions thereof, file with the 
cierk ot the county court a notice in writing, verified by 
the oath of the person filing such notice, setting forth the 
acts in the case and asking to be released from any further 
liability on said bond ; whereupon the clerk with whom such 
notice shall be filed, shall notify the said officer to appear 
oelore the court and give additional security, equal to the 
security about to be released, to be approved by the judge 
Ottne county court, which notice may be served by the 
said judge or clerk, or by any person appointed by them, 
or either of them. If the officer so notified shall not appeal Du t y of clerk 
and give additional security within two days from the time 



1853. 116 

he may be so notified, the county court may remove him 
from office ; and in all such cases said court shall appoint 
some suitable person to fill the vacancy occasioned by such 
removal, who shall execute bond, qualify and perform the 
duties required of such officer : Provided, that if the secu- 
rities on any collector's bond, or either of them, shall be 
satisfied that such collector is making improper use of the 
funds collected by him, or has absconded, or is about to 
abscond, from this state, whereby said securities may be- 
come liable to pay any sum or sums of money, it shall be 
lawful for said security to sue out a writ of attachment 
against the goods and chattels of such collector, in like man- 
ner as he would be authorized to do if said collector was 
rities pro- personally indebted to such security ; and the money col- 
ed " lected on any such attachment shall be paid into the treas- 

ury by the officer collecting the same, in like manner as if 
paid over by the collector. 

§ 49. If any real property shall be double assessed, or 
assessed before it becomes taxable, and the taxes so erro- 
neously assessed shall have been paid, the county court, 
on application of the person paying the same, or his agent, 
and being satisfied of the facts in the case, shall cause said 
taxes, together with the costs thereon, to be refunded pro 
rata by the state and county ; and if any collector shall 
receive the taxes properly due on any real property, and 
shall afterwards sell such property for said taxes, he shall 
refund to the purchaser thereof, if application be made with- 
in two years from the date of said sale, double the amount 
of purchase money. Any officer neglecting or refusing to 
pay as required by this section, shall be liable to the county 
in an action of debt, in any court having jurisdiction of the 
amount of said debt : Provided, that the county and the 
i state shall refund in case of erroneous sales heretofore made, 
as provided for by the laws in force at the time of such 
sales. 
over-payment. § 50. If any collector shall have paid, or may hereaf- 
ter pay into the state treasury any greater sum or sums of 
money than is, or may be, legally and justly Hue from such 
collector, after deducting abatements and commissions, 
the auditor shall issue his warrant for the amount so over- 
paid, which shall be paid out of the fund or funds so over- 
paid ; and if any one of the funds shall have been or shall 
hereafter be overpaid, the auditor may issue his warrant 
for the amount so overpaid, and apply the same to the pay- 
ment of any other fund due from such collector, 
county tax. § 51. The county courts shall have power to levy a 

tax in their respective counties for county purposes, but 
shall, in no case, exceed the amount of four mills on each 
dollar's worth of taxable property, unless specially au- 
thorized by law ; and said county tax shall be levied at 



117 1853. 

the September term of said court, or as soon thereaf- 
ter as practicable, and collected with the state revenue. 
The same lien created to secure the state tax, and the pro- 
visions made for the collection thereof, shall also exist and 
apply to the county revenue. 

§ 52. Suits commenced by the auditor, as provided for Suite not to abate, 
in this act, shall not abate for the want of service on one 
or more of the defendants, or in consequence of the death 
of one or more of said defendants, but judgment may be 
rendered against such of said defendants as may have been 
legally notified : Provided, that suits may be prosecuted 
against the defendants not included in said judgment, at any 
subsequent term of said court: Provided further, that the 
provisions of this section shall not be so construed as to 
change the conditions of any bond executed prior to the 
passage of this act on suits in favor of the state, and against 
collectors or other persons indebted to the state. The 
state shall pay like fees as are or may be allowed by law 
in suits between individuals, and in all cases when the 
state is plaintiff she shall advance and pay such fees, in 
like manner as individuals are required to advance and pay 
fees. And when the state becomes the purchaser of real state pay fees. 
property sold on execution for any debt due the said state, 
the officer selling such real estate shall be entitled to like 
commissions as he would have been entitled to had such 
property been purchased by individuals. Said fees and 
commissions to be paid on the warrant of the auditor out 
of any money in the treasury not otherwise appropriated ; 
and when such fees are collected they shall be paid into 
the state treasury. So much of this section as relates to 
fees shall apply to suits heretofore prosecuted, as well as 
to suits that may hereafter be commenced and prosecuted. 

§ 53. The assessment shall be a lien on the personal pro- Assessment a 
perty of all persons owing taxes from and after the time that 
the tax books are received by the collector, for the state 
and county tax due thereon, and no sale or transfer of such 
property shall affect the claim of the state or county, but the 
said property may be seized by the collector wherever found, 
and removed, if necessary, and sold to discharge the taxes 
of the person owing the same at the time of such assess- 
ment, together with the costs and charges of collection. 

§ 54. In case any person shall refuse or neglect to pay collector to sen. 
his or her taxes when demanded, or within ten days there- 
after, it shall be the duty of the collector to levy the same, 
together with the costs and charges that may accrue, by- 
distress and sale of the personal property of such person, 
wherever the same may be found in the county. 

§ 55. The collector shall give notice of the time and Notice. 
place of sale, the property to be sold, and the name of the 
delinquent, at least ten days previous to the day of sale, by 



1853. 



118 



Power in cl'i.ct. 



advertisements to be posted up in at least three public 
places in the precinct where such sale is made. 

§ 56. Such sale shall be by public auction, and if prac- 
ticable, no more property shall be sold than sufficient to 
pay the tax, costs and charges due ; but if sold for more 
than the amount necessary to pay the debt, the surplus 
shall be returned to the owner of such property. 

§ 57. The power to levy and collect shall continue in 
the collector after his return and final settlement with the 
auditor, until the taxes shall be paid. If personal property 
of any person who may have been returned by the collec- 
tor as being insolvent or removed be afterwards found in 
the county, the clerk of the county court shall have power 
to issue process to any sheriff or constable for the collec- 
tion of the taxes due by such person, and when collected 



Taxes twice paM. 



manner as if collected by the collector. 

§ 58. Whenever the taxes on the same property shall 
have been paid more than once, for the same year, by dif- 
ferent claimants, the collector shall make a return to the 
clerk of the county court of all such surplus taxes so re- 
ceived by him, together with the names of the several 
claimants thus paying; and the clerk shall make a record 
of all such cases, and transmit a copy thereof to the audi- 
tor of public accounts, who shall charge such collector 
with the portion of such surplus taxes belonging to the state ; 
but such surplus tax shall in no case be refunded. 

collector. § 59. Whenever any person shall pay the taxes charged 

against him, the collector shall enter such payment in his list, 
and give the person paying the same a receipt, specifying 
the name of the person for whom paid, the amount pa: 
year paid for, and the property on which the same was as- 
sessed, according to its description on the assessment list. 

collector to pay § 60. The collector shall, on the first Monday in ev- 

aounty. er y mon th, during the time of collecting the taxes, report 

to the county treasurer, in writing, the amount of county 
tax received by him during the preceding month, what 
amount of said tax was received in money and what amount 
in county orders and jury certificates, and shall pay the 
same over to said treasurer, who shall give him a receipt 
therefor. The treasurer shall cancel the orders and cer- 
tificates returned as aforesaid, and at the next term of the 
county court thereafter, he shall present said reports, to- 
gether with the orders and certificates ; said court shall 
examine and see that the orders and certificates have been 
properly cancelled on the books, and cause them to be 
destroyed by burning. 

collector attend § 61. The collector shall attend at the court house in 
his county, on the day specified in the notice for the sale 
of real estate for taxes, and then and there, between the 



119 1853. 

hours of ten o'clock in the forenoon and six o'clock in the 
afternoon, proceed to offer for sale, separately, each tract 
of land and town lot in the said list on which the taxes and 
costs have not been paid. 

§ 62. The person at such sale offering to pay the taxes now sow. 
and costs charged on each tract or lot, for the least quantity 
thereof, shall be the purchaser of such quantity, which shail 
be taken from the east side of such tract or lot. 

§ 63. The collector shall continue such sale from day sale continued, 
to day, until all the tracts of land or town lots contained 
in the delinquent list, on which taxes and costs remain un- 
paid, shall be sold or offered for sale. 

§ 64. The person purchasing any tract of land or town lot, Purchaser pay. 
or any part thereof, shall forthwith pay to the collector the 
amount of taxes and costs charged on said tract or lot, and 
on failure so to do, the said land or lot shall be again offered 
for sale in the same manner as if no such sale had been made ; 
and in no case shall the sale be closed until payment is made. 

§ 65. The collector shall obtain a copy of the adver- collector sie «a- 
tisement of the delinquent lands and lots, together with a davlt ' 
certificate of the due publication thereof, from the printer 
or publisher of the newspaper in which the same shall have 
been published, and shall file the same with the clerk of the 
county court, on or before the first day of the term at 
which judgment is prayed. 

§ 66. In all advertisements for the sale of lands for tax- Letters and ris- 
es, and in entries required to be made by the clerk of the ur0; " 
court, or other officer, letters and figures may be used, as 
they have heretofore been u*ed, to denote townships, ranges, 
sections, parts of sections, the year for which the taxes 
were due, and the amount of taxes, interest and costs. 

§ 67. The clerk shall make out and deliver to the pur- certificate of 
chaser of any lands or lots sold for the payment of taxes as P urchase * 
aforesaid, a certificate of purchase, to be countersigned by 
the collector, describing the land or lot sold as the same 
was described in the delinquent list, the amount of taxes 
and costs for which the same was sold, and that payment 
has been made therefor. If any person shall become the 
purchaser of more than one tract of land or lot, he may 
have the whole included in one certificate. 

§ 68. Such certificate of purchase shall be assignable Assignable. 
by indorsement, and an assignment thereof shall vest in the 
assignee, or his legal representatives, all the right and title 
of the original purchaser. 

§ 69. No sale of real estate for taxes shall be considered validity. 
invalid on account of the same having been charged in any 
other name than that of the rightful owner, if the said real 
estate be in other respects sufficiently described, and the 
taxes thereon were due and unpaid at the time of such sale. 



1853. 



120 



Lands sold, 
faot. 



Clark — penalty 



§ 70. The books and records belonging to the office of 
the clerk of the county court, or copies thereof, certified 
by said clerk, shall be deemed sufficient evidence to prove 
the sale of any land for taxes, the redemption of the same, 
or payment of taxes thereon. 

§ 71. Whenever it shall be made to appear to the sat- 
isfaction of the clerk of the county court, before the execu- 
tion of a deed for lands or lots sold for taxes, or if the deed 
be returned by the purchaser, that any tract or lot was 
sold which was not subject to be taxed, or upon which tax- 
es had been paid previous to the sale, he shall make an en- 
try opposite to such tracts or lots on the list of sales, that 
the same was erroneously sold, and such entry shall be ev- 
idence of the facts therein stated. 

§ 72. The receipt of the redemption money of any tract of 
land or lot, bv any purchaser, shall operate as a release of all 
claim to such tract or lot, under or by virtue of the purchase. 

§ 73. If any purchaser of lands sold for taxes shall suf- 
fer the same to be again sold for taxes before the expira- 
tion of three years from the date of his or her purchase, such 
purchaser shall not be entitled to a deed for the land until 
the expiration of two years from the date of the second 
sale ; during which time the land shall be subject to re- 
demption upon the terms and conditions prescribed in this 
act, but the person redeeming shall only be required to pay, 
for the use of such first purchaser, the amount paid by him, 
and double the amount paid by the second purchaser. 

§ 74. If any collector, by himself or deputy, shall fail 
to attend any sale of lands advertised according to the pro- 
visions of this act, and make sale thereof as required by 
law, he shall be liable to pay into the state and county trea- 
sury the amount of taxes and costs due upon the lands and 
lots so advertised, in the same manner as if they had been 
sold : Provided, that he may afterwards advertise and sell 
such delinquent property to reimburse himself for the 
amount advanced by him ; but at no such sale shall there 
be any property forfeited to the state. If the county clerk 
shall fail to attend, either by himself or deputy, any sale of 
real estate for taxes, he shall advance and pay the taxes 
due on the delinquent list to the collector ; and if he shall 
neglect or refuse to pay such tax on demand, the collector 
shall proceed against him on his official bond, in any court 
having Jurisdiction of the amount due. 

§ 75. If any county treasurer shall fail to make return, 
faii to make settlement, or fail to pay over all money with 
which he may stand charged as treasurer, the county court 
may remove him from office, and appoint a successor ; and 
it shall be the duty of the clerk of the county court to 
prosecute suit against such treasurer and his securities, 
which may be done either in the county court or circuit 



121 1853. 

court of the county in which such default is made. The 
said court may compel the production of all books, papers 
and vouchers pertaining to the office of such treasurer, to 
be used as evidence, if it shall appear to the court that any 
such books, papers or vouchers are or may be material ev- 
idence in the cause. 

§ 76. No collector or treasurer shall, either directly [or Not to buy. 
indirectly,] be permitted to take, buy, shave or receive, by 
himself or agent, any auditor's warrant or warrants, or any 
county order, or jury certificate, at less than the full amount 
due thereon. 

§ 77. On the first day of January next after taking the Duty of secretary 
census in the state, or as soon thereafter as the returns of o£ 8tate * 
said census may be made to the office of the secretary of 
state, it shall be the duty of said secretary to make out 
and deliver to the auditor a correct statement of the num- 
ber of white children in each county in this state, twenty 
years of age or under ; the truth of said certificate shall 
be certified to by said secretary, and thereupon, under the Auditor. 
supervision of the commissioners of the school fund, the school funds. 
auditor shall make a dividend to each county of the inter- 
est due upon the school, college and seminary fund, in 
proportion to the number of persons in each, of the age 
aforesaid ; and dividends shall be made according to the 
proportion ascertained to be due to each county annually 
thereafter, until another census shall have been taken, and 
then apportionments shall be made and continued as afore- 
said, according to the last census. 

§ 78. The auditor shall, within five days after ascer- Auditor to eetti- 
taining the amount due, as. required in the foregoing sec- fy ' 
tion, make out and forward by mail to the school commis- 
sioner of each county an order on the collector for the 
amount due said county : Provided, that if the amount of 
interest due to any county shall exceed the amount of 
revenue tax due from such county, then the auditor 
shall issue an order as aforesaid for the amount of revenue 
that he believes, from the returns of the assessment for that 
year, will be collected, and shall issue and forward with 
the order a warrant on the treasurer for the balance of in- 
terest that may be due to such county, which shall be paid 
out of any moneys not otherwise appropriated. 

§ 79. On or before the first day of April, annually, or Collector to pay. 
so soon thereafter as the school commissioner shall present 
the order of the auditor, the collector shall pay to said com- 
missioner the amount due thereon : Provided, that if the 
said collector has not collected a sufficient amount of state 
revenue to pay said order, and shall make oath of that fact, 
then he shall pay the amount that he has collected, and 
shall pay the remainder on or before the fifteenth day of Refusal to pay, 
June next thereafter j but if any collector shall refuse to conLissioner!° 



1853. 122 

pay the interest on the school fund as required by this sec- 
tion, and shall refuse to make oath as aforesaid, it shall be 
competent for the commissioner to proceed against such 
collector and his securities, in an action of debt in the 
county court; which court is hereby vested with full power 
and authority to hear and determine all such suits, render 
judgment and issue executions. Said collector shall be li- 
able to pay the full amount stated in the order, notwith- 
standing he may not have collected that amount ; and if any 
collector shall pay a portion of the amount due as aforesaid, 
and shall fail to pay the remainder as required by this sec- 
tion, the commissioner shall proceed against him as above 
provided for. 
lent into § 80. Upon ascertaining the amount due to the state 
from any collector, or other person, the auditor shall give 
such person a statement of the amount to be paid, and up- 
on the presentation of such statement to the treasurer, and 
the payment of the sum stated to be due, the treasurer shall 
give duplicate receipts therefor, one of which shall be filed 
in the auditor's office and entered in a book to be kept for 
that purpose, and the other shall be countersigned by the 
auditor and delivered to the person making the payment ; 
and no payment shall be considered as having been made 
until the treasurer's receipt shall be countersigned by the 
auditor as aforesaid. When the list of delinquent lands is 
returned by the auditor for sale, he shall certify to the 
clerk the amount of the county's proportion of the tax paid 
into the state treasury, and the amount so certified shall be 
paid into the county treasury, out of the tax due from the 
collector to the state. 

§ 81. The auditor of public accounts shall, as soon as 
practicable after the passage of this act, prepare and trans- 
mit to the several county clerks all such forms and instruc- 
tions as he shall deem necessary to carry into effect its 
provisions. Said auditor shall cause to be printed, with 
the forms and instructions required by this section, a true 
and correct copy of this act, and shall forward a sufficient 
number thereof, for the use of the several county officers, 
to the clerk of the county court of each county, who shall 
deliver the same to the proper officers. The expenses of 
the printing required by this section shall be paid for as 
other printing ordered by this general assembly is paid for. 

§ 82. There shall be allowed and paid for services ren- 
dered in pursuance of this act, the following fees and com- 
pensation : To clerks of county courts, for making lists of 
delinquent lands for the auditor's office, three cents for 
each tract described in said list, to be paid for out of the 
state treasury, which shall be in full for comparing and cor- 
recting the collector's returns of said delinquent lands to 
his office, as well as for making the list aforesaid, and com- 



123 1853. 

paring and certifying to the list for the use of the collector. 
For making record of delinquent lands and town lots for 
judgment, including the order of court, three cents for each 
tract, and one cent for each town lot. For making tran- Bee assesBoaent 
script of judgment for sale, three cents for each tract, and 
one cent for each town lot. For assisting the collector in 
selling lands and lots, twenty-five cents for each tract and 
five cents for each town lot for which a certificate is given, 
to be charged and collected as costs. For making trans- 
cript of taxable real property for the assessor, two cents for 
each tract of land, and one-half cent for each town lot, to be 
paid out of the state treasury; and for comparing the assess- 
or's return with the original list of real property, extending 
the tax on each tract and lot, and adding up the aggregate 
amount of tax due thereon, two cents for each tract or sub- 
division, and one-half cent for each town lot; and for ma- 
king copy of the assessment list for the collector, one cent 
for each tract and one-half cent for each town lot. For 
entering list of lands furnished by the auditor in the tract 
books, one cent for each tract. The same fees shall be al- 
lowed for computing the tax on each person's personal 
property, and for copying the same, as is allowed on town 
lots ; all of which fees shall be paid out of the county trea- 
sury. The collector shall be allowed for making list of de- 
linquent lands to be filed with the clerk, and adding up the 
amount of tax thereon, three cents for each tract, to be 
paid out of the state treasury. For selling lands and town 
lots, ten cents for each tract and three cents for each town 
lot sold, to be charged and collected as costs ; but no costs 
except the printer's fees shall be charged or collected on 
any land or town lots forfeited to the state. Collectors 
shall be allowed a commission on all moneys collected of 
five per cent, on the first eight thousand dollars, and three 
per cent, on all additional sums collected by them, to be 
paid by the state and county in proportion to the amount of 
state and county tax collected ; and the auditor shall allow 
said collector in his settlement, in addition to the commis- 
sions aforesaid, two dollars for every twenty miles' neces- 
sary travel, in going to and returning from the seat of 
government, for the purpose of paying over the state tax. 
County treasurers shall be allowed a commission of one per 
cent, on all moneys, county orders and jury certificates re- 
ceived by them for county purposes, and one per cent, on 
all moneys paid out by them, but shall not be allowed any 
compensation for paying moneys over to a successor. 

§ 83. If any officer shall fail or neglect to perform any Penalty. 
of the duties required of him by this act, upon being re- 
quired so to do by any person interested in the matter, he 
shall be liable to a fine of not less than ten dollars nor 
more tham one hundred dollars, to be recovered in an ac- 



1853 



124 



tion of debt in the circuit court of the proper county, and 
may be removed from office, if in the opinion of the court 
before whom such suit may be tried the circumstances re- 
quire such removal ; and any officer who shall knowingly 
violate any of the provisions of this act, shall be liable to 
a fine of not less than dollars nor more than one thou- 
sand dollars, to be recovered in an action of debt in any 
court having jurisdiction of the amount, and may be re- 
moved from office at the discretion of the court. 

§ 84. The rate of taxation for state purposes for the 
year A. D. 1853, and forever thereafter, until otherwise 
provided by law, shall be two mills on every dollar's worth 
of taxable property, for the payment of the state debt, one 
and one-half mills on every dollar's worth of taxable prop- 
erty, for the payment of the interest on the state debt, and 
one mill on every dollar's worth of taxable property, for 
defraying the expenses of the government. 

§ 85. This act shall apply to and be in force in the sev- 
eral counties not adopting the act to provide for township 
organization, and shall be in force from and after its passage. 

Approved February 12, 1853. 



Authorise to kill, 



AN ACT providing for the payment of damages done by dogs. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
owner of any dog or dogs shall be liable in an action on 
the case for all damages that may accrue to any person or 
persons in this state, by reason of such dog or dogs killing, 
wounding, or chasing any sheep or other domestic animal, 
belonging to such other person or persons ; and when the 
amount of such damages does not exceed one hundred dol- 
lars, the same may be recovered by an action before a jus- 
tice of the peace. 

§ 2. If any person shall discover any dog or dogs in 
the act of killing, wounding, or chasing sheep in any por- 
tion of this state, or shall discover any dog or dogs under 
such circumstances as to satisfactorily show that such dog 
or dogs has been recently engaged in killing or chasing 
sheep, for the purpose of killing them, such person is au- 
thorized to immediately pursue and kill such dog or dogs. 

This act to take effect from and after its passage. 

Approved February 11, 1853. 



125 1853. 

AN ACT to legalize the appointment of guardians. in force Feb. 



!«!. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That each 
and every appointment of a guardian of an infant or infants A PPoi"tmem of 
which has been made in any county of this state, in which ^f anfllegal - 
an ancestor from whom said infant or infants derive title 
to property by will or descent resided, at the time of his 
death, is hereby legalized and made as effectual, in every 
respect, as though said appointment had been made in the 
county in which said infant may have been resident when 
said appointment was made: Provided, however, that no Proviso. 
appointment of a guardian is hereby legalized unless the 
same has been made upon the petition of an infant above 
the age of fourteen years. 

§ 2. This act shall take effect from and after its pas- 
sage. L 

Apr-ROVED February 12, 1853. 



AN ACT in relation to appeals from justices of the peace. m force Feb. 9 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in all 
cases where jurisdiction has been heretofore, or shall be Appeals .urn* 
hereafter given to any justice, of the peace, mayor of a city, 
or other officer in this state, over any fine or penalty im- 
posed for the violation of any law of this state, appeals shall 
be allowed, and may be taken to the circuit court of the 
county in the same manner that appeals are by law author- 
ized to be taken, and prosecuted from judgments of justices 
of the peace in other cases. 

$ 2. That in all cases of appeals from justices of the Appeal not to t,. 
peace, mayor of city, or other officers, no appeal shall " 
be dismissed for any informality in the appeal bond. But 
it shall be the duty of the court before whom the appeal 
may be pending, to allow the party to amend the same, so 
that a trial may be had on the merits of the case. 

§ 3. This act shall apply as well to appeals now pend- 
ing as to appeals which may be taken hereafter. 

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

Approved February 9, 1853. 



dismissed on ac- 
count of infor- 
mality in bond. 



1853. 126 

m force Feb. 12, AN ACT in relation to non-resident guardians. 

1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in all 
xon-reswent cases where any guardian and his ward may both be non-resi- 
r 8 e^"en y dents of this state, and such ward may be entitled to pro- 
perty of any description in this state, such guardian, on 
producing satisfactory proof to the county court of the 
proper county by certificates, according to the act of con- 
gress in such cases, that he has given bond and security in 
the state in which he and his ward reside, in double the 
amount of the value of the property as guardian, and it is 
found that a removal of the property will not conflict with 
the terms of limitation attending the right by which the 
ward owns the same, then any guardian may demand or 
sue for, and remove any such property to the place of res- 
idence of himself and ward. 
Resident gnavdi- § l J. That when such non-resident guardian shall pro- 
SS. blJ d ' S " duce an exemplification from under the seal of the office (if 
there be seal) of the proper court in the state of his resi- 
dence, containing all the entries on record in relation to 
his appointment, giving bond, &c, and authenticated as 
required by act of congress as aforesaid, the county court 
of the proper county in this state may cause suitable or- 
ders to be made, discharging any resident guardian, exec- 
utor or administrator, and authorizing the delivering and 
passing over of such property, and also requiring receipts to 
proviso. be passed and filed, if deemed advisable : Provided, the ben- 

efits of this act shall not be extended to the citizens of any 
state in which a similar act does not exist, or may not here- 
Further proviso, after be passed : And provided also, that, in all cases, 
thirty days notice shall be given to the resident guardian, 
executor or administrator, of the intended application for 
the order of removal, and the court may reject the appli- 
cation and refuse such order whenever it is satisfied it is 
for the interest of the ward that such removal shall not take 
place. 

§ 3. This act shall take effect from and after its pas- 
sage. 

Approved February 12, 1853. 



in force Feb. 8 ; 



AN ACT to amend chapter forty-seven of the Revised Statutes, entitled 



1853, ' "Guardians and Wards." 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That from 
and after the passage of this act, county courts tor the 



127 



1853. 



transaction of probate business in the several counties ofcouu 
this state shall have power, and it is hereby made their ! 



hereby made their H*f Kk 



r _ .. _., — .^ i( , io u^^uj lunuc lUCiT ans j, 

duty, to appoint some suitable person to act as guardian for cascs - 
any minor within their respective jurisdictions, whenever 
it shall be made to appear to the satisfaction of said county 
court— 1st. That the person chosen by such minor as his 
or her guardian, is not a suitable person to be intrusted 
with tiie control of the person of such minor, or his or her 
property. 2d. In all cases where the person chosen by 
such minor, as his or her guardian, shall fail or refuse to 
give bond with good security, as required by law. 3d. In 
all cases where any such guardian, after his or her appoint- 
ment, shall fail to give additional or other security when 
required so to do, in accordance with an act entitled "An 
act to amend the law in relation to securities of guardians " 
approved February 19th, 1847 ; and shall be removed for 
such failure : Provided, that in case of such removal, such 
minor may be permitted to choose another guardian if he 
or she shall so desire, subject to the approval of the conn- 
ty court as aforesaid. 

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

Approved February 8, 1853. 



AN ACT to repeal an act entitled "An act to prohibit the retailing of intoxi- In fnrrp - „ , 
eating drinks," approved February 1st, 1851. & Tsol ' 

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 prohibit the retailing of intoxicating R , pea]ed 
drinks," approved February 1, 1851, be and the same is 
hereby repealed. 

Approved February 7, 1853. 



AN ACT to establish the sixteenth judicial circuit in the state of Illinois. In force Feb . 9j 

Section 1. Be it enacted by the people of the state of 
Illinois »""" *--»-■- 'i- ** , ~ A y, — 



1S53. 



. represented in the General Assembly, That the 
counties of Peoria and Stark shall compose a judicial cir- sixteenth cheat, 
cuit, to be called the sixteenth judicial circuit, and that the 
circuit courts of said circuit shall be held at the county 
seats of said counties at the times following, to wit : In the 
county of Peoria, on the first Monday of March, the second Times ot hol * n « 
Monday of May, the second Monday in September, and the e ° Wt9 ' 



1853. 



128 



third Monday in November. In the county of Stark, on 
the third Monday in April and the second Monday in Oc- 
tober, in each and every year. 

§ 2. There shall be an election held in said circuit on 
the second Monday of March next, for the election of a cir- 
cuit judge for said circuit; which election shall be conduc- 
ted and returns made thereof and canvassed in the same 
manner provided by the constitution and laws of this state. 
Said judge, when elected, commissioned and qualified, shall 
hold his office until the next general election of judges, as 
provided by the constitution, and until his successor shall 
be elected and qualified. 

state's attorney. § 3. The state's attorney of the tenth judicial circuit 
shall be the state's attorney of the said sixteenth judicial 
circuit. 

Notices of § 4* ^ sna ^ De the duty of the secretary of state to 

cause a certified copy of this act to be immediately trans- 
mitted to the clerks of the circuit and county courts of 
said counties, and the clerks of the county courts of said 
counties shall issue notices for said election to the sheriffs 
of said counties, notifying the electors of said counties; 
which notices shall be posted up by the sheriffs in the sev- 
eral towns or precincts in said counties, in the like manner 
as provided by the constitution and laws of this state for 
holding general elections. 

,,, vorSi § 5. The said circuit judge, when elected and quali- 

fied, and the said state's attorney, shall exercise all the 
powers, perform all the duties, and have all the jurisdiction 
and authority now had or hereafter to be required or ex- 
ercised by the circuit judges and state's attorneys in this 
state, under the constitution and laws thereof, and shall re- 
ceive the same compensation as other judges and state's at- 
torneys are entitled to receive by the constitution and laws. 

p r0CWi8 . § 6. All writs, subpcenas, recognizances and other pro- 

cess which may have been or may be issued out of and 
made returnable to the terms of the eircuit courts as here- 
in before required by law, in the said counties of Peoria 
and Stark, shall be deemed and taken to be returnable to 
said terms of the court 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 
hereinbefore required to be holden, shall, by force of this 
act, refer to the terms of the court as herein required to 
be held. And all proceedings pending in said courts shall 
be taken up and disposed of as if no alteration had been 
made in the terms of liolding said courts. 

6 7. The iudtre of said circuit shall have power, upon 
entering the proper order ot record during any term there- 
of, to fix any number of days or terms at which he will hear 
at his chambers general and special motions, arguments of 



129 1853. 

demurrer, and arguments upon agreed cases, and for the 
making of all such interlocutory orders as may be necessa- 
ry to expedite the proceedings in any cause, and the said 
court shall always be considered open for the hearing of 
all matters and applications on the chancery side thereof, 
and the granting of all such orders as may be required or 
necessary in the practice of said court: Provided, that no Provlso . 
final order, judgment or decree shall be entered in vaca- 
tion, except judgments by confession, which may be entered 
at any time upon filing the proper papers witli the clerk of 
said court, and shall have the same force and effect as if 
entered in term time: ,ln;l provided fur/her, that the Proviso, 
judge of said court shall examine and sign the records of the 
general and special terms of said court, as also all orders 
entered on motion days, which orders shall have the same 
force and effect, and the judge shall have the same power 
to enforce the same, as if entered in term time. 

§ 8. The judge of said circuit court shall have full power of judge t. 
power to establish all such rules of practice at law, or in p -\ al t 'j'.", ! ' r " le {,t 
equity, as he may deem necessary to expedite the business 
of said court, which rules of practice shall be binding and 
obligatory upon the parties to suits in said circuit from the 
time they shall be entered of record. The judge of the 
court invested hereby shall not be entitled to any com- 
pensation which may be provided for revising the laws of 
this state, and he shall receive one thousand dollars salary 
for hi services, and no more. 

§ 9. This act 
after its passage. 

Approved February 9, 1853. 



AN ACT defining the limits and fixing the times of holding courts in the in force Fo 
tenth judicial circuit. W63. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
counties of Fulton, Knox, Warren and Mercer shall here- Tenth circ* 
after form and compose the tenth judicial circuit, and the 
courts in the several counties thereof shall be held at the 
following times, to wit : In the county of Fulton, on the Times or n, 
second Monday in February, third Monday in May, and amxta ' 
first Monday in September. In the county of Knox, on the 
fourth Monday in April, and the third Monday in Septem- 
ter. In the county of Warren, on the second Monday in 
April, and the third Monday in October; and in the county 
of Mercer, on the third Monday in April and fourth Mon- 
day in October, in each and every year. 



1853. 



130 



§ 2 - The governor s^hall appoint a state's attorney for 
^n™state'a^-g a i ( 3 circuit, who shall be duly commissioned and qualified, 
tomey ' and who shall hold said office until his successor is elected 

Election and qualified. On the Tuesday next after the first .Monday 

in November next an election shall be held in the several 
counties composing said circuit, notice of which election 
shall be given, and the canvassing and return of the votes 
conducted in the same manner as is now required in general 
elections of state's attorneys. The person having the high- 
est number of votes shall be the state's attorney/or said cir- 
cuit, shall be commissioned and qualified as such, and shall 
hold his office until the next general election for state's at- 
torney, as provided by the constitution of this state, and 
until his successor shall be elected and qualified, and shall 
receive the same compensation as other state's attorneys 
are allowed under the constitution of this state. 
Du tv of secretary § 3. The secretary of state shall forthwith transmit a 
of state. copy f this act to each of the clerks of the circuit courts 

of said circuit, and to the judge thereof. 

5 4. All indictments- recognizances and suits, either at 
common law or in chancery, shall stand forbearing in said 
circuit courts at the time herein specified for holding 
courts, 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 time of holding courts ; and all returns 
heretofore made, or that may hereafter be made, either ac- 
cording 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. _ . , • , 

6 5. All acts and parts of acts coming within the pur- 
view of and in conflict with this act, are hereby repealed. 

§ 6. This act shall take effect and be in force from and 
after the first day of April next. 
Approved February 11, 1853. 



Act repealed. 



t . r, m AN ACT to locate a state road from Springfield, in Sangamon county, to 

in force^b. 10, AN All ^^ ^^ [fl ^ ^^ 

Section 1. Be it enacted by the people of 'the state of 
Illinois, represented in the General Assembly* That George 

Wt,,,1o V nf thp countv of Lop-an, and Robert Lass and 
. luvley, oi me ouumy ui ^ ,*■> j 

Gershoin Jayne, of the county ot Sangamon, be and the) 

arc hereby appointed commissioners to view, survey, mark 

and locate a state road from Springfield, in Sangamon 



131 1853. 



county, by the way of the Buffalo Heart Grove, to Mount 
Pulaski, in Logan county, on the nearest and best route, 
doing as little damage as possible to private property. The 
said commissioners, or a majority of them, shall meet at v.-nen to meet. 
Springfield on the first Monday in April next, or within 
three months thereafter, and after taking an oath before Take oath. 
some justice of the peace, faithfully to perform the duties 
required of them by this act, shall proceed to view, sur- 
vey, mark and locate said road ; shall make a report of the 
location of said road, giving the most noted points thereon, 
and return a copy of said report to the clerk of the county Report t0 county 
court of each of said counties through which said road clerk - 
passes, which shall be filed by him in his office ; and said 
road thus laid out is hereby declared a public state road, 
and shall be opened and kept in repair in the same manner 
as other public roads are. 

§ 2. The county courts of the respective counties in compensation. 
which said road shall be located, shall cause to be paid to 
the said commissioners, their surveyor and attendants, a 
reasonable compensation for their services out of the coun- 
ty treasury, each county to bear her equal proportional 
part of said expense, according to the- distance said road 
passes through the same. 

Approved February 12, 1853. 



AN ACT (o locate a state road in the counties of Tazewell and Logan, in force Feb. 12, 

1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General, Assembly, That James 
Primm, of Logan county, William Crossman and John Sum- commissioner*. 
mers, of Tazewell county, be and they are hereby appointed 
commissioners to lay out and establish a state road, which 
shall commence at the city of Pekin, in Tazewell county, 
running thence on the most eligible route to the town of 
Delevan, in Tazewell county, thence to the town of Post- 
ville, in Logan county. 

§ 2. Said commissioners, or a majority of them, shall To take oath. 
meet in the city of Pekin on or before the first day of July 
next, or as soon thereafter as practicable, and after taking 
an oath before some person authorized to administer the 
same, faithfully to perform and discharge the duties re- 
quired of them by this act, shall take to their assistance 
John Smith, of the city of Pekin, as surveyor, and the ne- 
cessary number of chain bearers and markers, and proceed To lay out road, 
to lay out said road as provided in the preceding section, 
and shall designate the route of said road, by placing stakes 



1853. 



Compensation. 



To bo a state roai! 



132 

in the ground, or plowing a farrow in the prairie and blazes 
on the trees in the timber. 

§ 3. Said commissioners shall, as soon as the said road 
is located, make and file a report and plat of said road, 
showing the course and distance from point to point; which 
plat and report, when so made, shall be certified by said 
commissioners, and a copy thereof filed in the offices of the 
clerks of the counties of Tazewell and Logan respectively, 
and shall also make out and present to said county courts 
certified copies of the time and number of hands necessa- 
rily employed in each county ; and thereupon it shall be 
the duty of said courts to make an order for the sums sev- 
erally "due, allowing to each commissioner and surveyor 
tho sum of two dollars per day, and to each hand other- 
wise employed the sum of one dollar per day, for every 
day necessarily employed in surveying and locating said 
road through their respective counties. 

§ 4. Said road, when so located, shall be and the same 
is hereby declared a state road, and shall be opened four 
rods wide, and kept in repair as other state roads. This 
act to be in force and take effect from and after its passage. 

Approved February 12, 1853. 



ta, force Feb. 11, AN ACT to locate a state road in the counties of Crawford, Jasper and 
1853. Effingham. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That there 
ad loca is hereby located and established a state road, commencing 
tea: r ° a °* on the west bank of the Wabash river, at the point where 
the line between township seven and eight north, range 
eleven west, strikes said river, thence west along and with 
said line, between townships seven and eight, untilit strikes 
the range line between five and six, thence in a northerly 
direction to the town ofEwington, in Effingham county 



Width of road. § 



S 2. Said road shall be four rods wide, two rods 



on 



each side of the above described line. 
Tobe op e„ e d ana § 3. The several county courts, through which said 
,h - road shall run, shall be required to cause said road to be 
opened and kept in repair as other state roads are, when- 
ever, in their opinion, the public good m t\ require it. This 
act to take effect and be in force from and after its passage. 
Approved February 11, 1853. 



133 1853. 

AN ACT (o locate a road therein named. in force Feb. l 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That a state 
road be and the same is hereby declared to belaid out up- To be a stab 
on the boundary line of the towns of South Chicago and 
Lake, in the county of Cook, four rods wide, two rods to be 
be taken from each town, extending from the Illinois and 
Michigan canal on the west, and to lake Michigan on the 
east ; and it is hereby made the duty of the commissioner of 
highways for the town of South Chicago, to open and keep Open and keep; 
in repair said road, and assess the damages, as in the case 
of other state roads. 

Approved February 10, 1853. 



AN ACT to locate a state road from Macomb, in McDonough county, to in fo rC e Feb. 12, 
the Canton and Liverpool Plank Road, in Fulton county. 1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Elisha 
Johnson and Elijah Wilcox, of Fulton county, and Stephen 
Yocum, of McDonough county, be and they are hereby commissioners. 
appointed commissioners to view, lay out and locate a state 
road, commencing at Macomb, in McDonough county, and 
running to Marietta, in Fulton county, thence to or near 
the free ferry on Spoon river, thence to Cuba, thence to 
Canton and Liverpool Plank Road, in Fulton county, ter- 
minating at some convenient point, to be determined by 
said commissioners. 

§ 2. Said commissioners, or a majority of them, shall 
meet in the town of Macomb, in McDonough county, on or To take oath< 
before the first day of April next, or within three months 
thereafter, and after being duly sworn by some justice of 
the peace of said county to faithfully and impartially to lo- 
cate said road, as required of them by this act, shall proceed 
to run, mark, survey and locate said road, taking into con- L;ca i;-roa<i. 
sideration the public convenience and the permanency of 
the road, doing as little injury to private property as prac- 
ticable. 

§ 3. Said commissioners shall file a copy of said sur- T „ mak c j,i a ts. 
vey and report with the clerk of the county court or board 
of supervisors of each and every county through which said 
road shall pass, to be recorded and filed in his said office. , 

5 4. The county court or board of supervisors, as the Tobeasutcroad 
case may be, of each county through which said road may 
have been located, shall cause the same to be opened four 
rods wide, and kept in good repair, as other state roads 
are. 



1853. 134 

reyor. § 5. The said commissioners shall have power to em- 

ploy a surveyor and such other persons as may be neces- 
sary in the survey and location of said road ; and said com- 
missioners, surveyor, and such other persons so employed, 

pensation. shall be allowed a reasonable compensation for the time 
necessarily employed, [out] of the treasury of the respec- 
tive counties through which said road may pass, in propor- 
tion to the time employed in each of said counties in laying 
out said road. This act to take effect from and after its 
passage. 

Approved February 12, 1853. 



in fore? Feb. 9, AN ACT to locate a state read therein named. 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ', That Wil- 

eommissioners. ]; am £[. Rolloson, of Hancock county, John Huston, of 
McDonough county, John Curts, of Henderson county, 
Henry S. Hyatt, of Fulton county, and James D. Smith, of 
Warren county, are hereby appointed commissioners to 
view, mark and locate a stale road from the town of Dal- 
las city, in the counties of Hancock and Henderson, to the 
town of Farmington, in the county of Fulton, on the most 
eligible route, having due regard to private property, fol- 
lowing, as near as may be practicable, the county lines be- 
tween the counties of Hancock and Henderson and War- 
ren and McDonough, until the same reaches the line of the 
county of Fulton ; thence by the best and nearest route to 
said town of Farmington. 

To take oath. § %' Said commissioners, or a majority of them, shall 

meet at said Dallas city within six months from the pas- 
sage of this act, on such day as may be agreed upon by 
them, and after being duly sworn before some justice of 
the peace of the state faithfully to perform the duties of 
this act, shall proceed to lay out said road as provided in 
the preceding section ; and shall designate the route of said 
road, by placing stakes in the prairie and blazes on the 

Tomakepiats. trees in the timber. The said commissioners shall, as soon 
as the road is laid out, make and file a report and plat of 
said road, with the course and distances from point to 
point; which plat, when so made, shall be certified by said 

•opies to t>e filed, commissioners, and a copy thereof filed in the offices of the 
clerks of the county courts of said counties of Hancock, 
Henderson, Warren, McDonough and Fulton. 

certificate. § 3. The said commissioners shall make out and present 

to the county court, or the supervisors' court, whichever 



135 1853. 

may at the time be doing county business, through which said 

road may pass, a certified copy of the time and number of 

hands necessarily employed in each county ; and thereupon 

it shall be the duty of said courts to make a compensation compensate. 

for the sums severally due, allowing to each commissioner 

the sum of two dollars, and to each hand one dollar, and to 

the surveyor two dollars per day, for every day necessarily 

employed in locating said road through their respective 

counties. 

§ 4. Said road, when so .'aid out, shall be and the same t be state roaa. 
is hereby declared a state road, and shall be opened four 
poles wide, and shall be kept in repair as other state roads. 

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

Approved February 9, 1853. 



AX ACT fo locate a state road in Adams county, and to locate a slate road j n force Fc . Il# u 
in La Salle county. " 1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Wil- 
liam Laughlin, S. M. Jenkins and John M. Ruddle be and commissioner.'. 
they are hereby appointed commissioners to re-locate so 
much of the state road leading from Woodviile, in Adams 
county, state of Illinois, to the Mississippi river, opposite 
Tuily, in Lewis county, Missouri, as lies west and between 
Marcelline and the Mississippi river. 

§ 2. That said commissioners shall meet in the town ofTotake&atu. 
Marcelline, on or before the first day of May next after the 
passage of this act, or as soon thereafter as practicable, 
and take an oath before some justice of the peace of Adams 
county, well and truly to perform the duties imposed upon 
them by this act. 

§ 3. When said commissioners shall have viewed and Tomake plat . 
re-located said road on the nearest and best route from 
Marcelline, to the mouth of Lima lake slough, doing as lit- 
tle damage as possible to private property, it shall be and 
is- hereby made their duty to survey and make out a plat of 
the roaa so re-located, and lay said plat before the county 
court of Adams county as soon as practicable after ihe com- 
pletion of the same; and the road so re-located is hereby 
declared the state road, and so much of the old [road J as 
affected by re-location is hereby vacated. 

§ 4. That said plat shall be evidence hereafter in all r-iat tot* eri- 
courts of record in this state, and it shall be the duty of the 
Adams county court to record said plat in the records of 
their office. 



1853. 



136 



Commissioners. 



Allien to meet. 



Compensation. 



§ 5. That John Mcserve, Daniel F. Hitt and D. D. 
Guile, of La Salle county, be and they arc hereby appoii ted 

commissioners to survey and locate a state road from Ot- 
tawa, in La Salle county, to the town of Homer, in La 
Salle county, on the most eligible and practicable route. 
Said commissioners shall meet at Ottawa at such time as 
they may agree upon, and are authorized to employ such 
assistants as may be necessarv, and proceed to locate such 
road as they may deem proper for the public interest. — 
They shall file in the office of the county clerk a plat of 
said road as located, and also the field notes taken on the 
survey thereof certified by them. Said commissioners shall 
be allowed two dollars per day each for their services, and 
the surveyor employed by them three dollars per day, and 
other persons necessarily employed such compensation as 
said commissioners, or any two of them, shall certify as pro- 
per to be allowed, and the expenses shall be paid out of 
the county treasury. The action and certificate of any two 
of said commissioners in this section named shall be as 
valid and binding as if the whole three were present and 
acting. This act to be in force from and after its passage. 
Apfroved February 14, 1853. 



•C3 Feb. 
1853. 



A]\ : ACT to locate a state road from Virginia, in Cass county, to Vermont, 
in Fulton county, via Browning, in Schuyler county, and Astoria, in Ful- 
ton county. 



Po-.iimUi loners. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ', That Thomas 
Hamer, of Fulton county, R. R. Dilworth, of Schuyler 
county, and John E. Haskell, of Cass county, be and they 
are hereby appointed commissioners to view, mark and lo- 
cate a state road from Virginia, in Cass county, via Brown- 
ing, in Schuyler county, and Astoria, in Fulton county, to 
Vermont, intersecting the state road leading from Bath, in 
Mason count}', to Macomb, in McDonough county. 

§ 2. The said commissioners, or any two of them, shall 
meet at Virginia on the first Monday in April next, or with- 
in two months thereafter, and after being duly sworn before 
some justice of the peace, faithfully to discharge the duties 
required of them by this act, shall proceed to view, mark 
and locate a state road from Virginia, in Cass county, to 
the town of Browning, in Schuyler county, and thence to 
Astoria, in Fulton county, and thence to the aforesaid town 
of Vermont, in Fulton county, on the nearest and best prac- 
ticable route, and on the most eligible ami advantageous 
ground for the permanency of the road, taking into view 



137 1853. 

the present settlements of the county, and its susceptibil- 
ities of future settlement. 

§ 3. As soon as practicable after said road is located, 70 makepiatt. 
the said commissioners, or a majority of them, shall make a 
plat of so much thereof as lies in each of the counties through 
which said road may pass, and return the same to the 
clerks of the county commissioners' courts ofsaid counties cicrk to record, 
respectively, to be by them filed aid recorded in their re- 
spective offices ; and said road, when so laid out, shall be 
opened four poles wide, and kept in repair as other state 
roads are. 

§ 4. The county commissioners' or supervisors' courts Compensation. 
of the several counties through which said road may pass, 
shall allow the said commissioners, and to all surveyors, 
markers, chain carriers, and other persons necessarily em- 
ployed in surveying, marking and laying out said road, a 
reasonable compensation for their services, which compen- 
sation shall be paid by the respective counties in propor- 
tion to the time they may be employed in each county while 
locating the same. This act to take effect and be in force 
from and after its passage. 

Approved February 10, 1853. 



AX ACT to locale a state road herein mentioned. 

Section 1. Bt it enacted by the people of the state of Commissioners. 
Illinois, represented in the General Assembly, That D. A. 
Knowlton, of Stephenson county, and Garner Moffett and 
Reuben H. Grey, of the county oi' Carroll, be appointed 
commissioners to survey and locate a state road from the 
town of Freeport, in the county of Stephenson, by the way 
of Cherry Grove, through the town of Mt. Carroll, to Sa- 
vanna, in the county of Carroll. 

§ 2. Said commissioners, or a majority of them, shall, Meet and tak« 
on the first Monday of July next, meet at the town of Savan- 
na, in said county, or on some other day thereafter, and 
having been duly qualified according to law, shall proceed 
to survey and locate said road on the route above desig- 
nated ; and they shall prepare plats of said road, together 
with field notes — one of which shall be filed in the clerk's to be wed u 
office of the county of Carroll — another in the county clerk's 
office of Stephenson county. 

§ 3. Said commissioners and surveyor shall be allowed Compensation. 
the sum of two dollars and fifty cents per day for each and 
every day they or any of them shall be engaged in making 



1853. 



138 



said survey and plat; the same to be paid by the counties 
of Stephenson and Carroll. 

§ 4. After filing the said plats in the clerk's office of 
said counties, said road shall be deemed a state road and 
public highway. 

Approved February 14, 1853. 



AN ACT to locate a state road therein named. 



crs. Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That John 
Baldwin, James Kirkham and James A. Whiteside, of Har- 
din county, Spencer B. Floyd and James Fulkerson, of 
Pope county, James W. Russell and William Elder, of Sa- 
line county, Tilman B. Cantrell and Daniel Mooneyham, of 
Franklin county, and George Johnson and Philip Osborn, 
of Jefferson county, be and they are hereby appointed com- 
missioners, with full power and authority to view, survey, 
mark and locate a state road from Elizabethtown, in Har- 
din county, by way of Independence, in Saline county, 
through Benton, in Franklin county, and on to Mount Ver- 
non, in Jefferson county, on the nearest and best route, do- 
ing as little damage to private property as possible. The 

»et. said commissioners, or a majority of them, not being less 
than one from each county, shall meet at the town of Ben- 
ton, in Franklin county, on the third Monday in May next, 

i. or within three months thereafter, and after taking an oath 
before some justice of the peace faithfully to perform the 
duties required of them by this act, shall proceed to view, 
mark and locate said road forty feet wide in lanes, and sixty 
feet wide through all forest lands. They shall make a re- 
port of the location of said road, giving t e most noted 
points thereon, and return a copy of said report to the 

is. clerk of the county court of each of said counties through 
which said road passes ; which shall be filed by him in his 

state office. And said road, thus laid out, is hereby declared a 
public state road, and shall be opened and kept in repair 
in the same manner as other public roads art'. 

on. § ^- ^ ne count y courts of the respective counties 

through which said road shall be located shall cause to be 
paid to the said commissioners a reasonable compensation 
for their services, out of the county treasury : each county 
to bear her equal proportional part of said expenses, ac- 
cording to the distance said road posses through the same. 
This act to take effect and be in force from and after its 
passage. 

Approvko February 11, 1853. 



139 1853. 

AN ACT to locate a state road from "Victoria, in Knox county, to Henderson, in force Feb. v. 
in said county. 1863- 

Section I. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly, That E. 
T. Bryan, George W. Barry and Alexander Sorenberger, Conimissioner8 * 
of tin county of Knox, be and they are hereby appoint- 
ed commissioners to view, mark and lay out a road from 
the town of Victoria, in said county, commencing at or 
near the south-west corner of section seven, township 
twelve north, range four east, of the fourth principal me- 
ridian ; from thence to run west on the section lines through 
township twelve north, three and two east, to the north- 
west corner of section sixteen, in said township two east; 
from thence south, on the west line of said section sixteen, 
till it intersects the road as now laid to Henderson, in said 
county. 

§ 2. The said commissioners shall meet at Victoria, in to take oath. 
Knox county, on the first Monday in May next, or as soon 
thereafter a? practicable, and after being duly sworn by 
some justice of the peace faithfully to discharge the duties 
required of them by this act, shall proceed to view, survey, 
locate and mark out said road, by marking trees in the 
timber, or setting up stakes or ploughing in the prairie. 

§ Li. The supervisors of said county shall allow said Compensation, 
comn issioners two dollars each perday, for the time actu- 
ally employed in the business of such survey, and a reason- 
able compensation to such assistants as may be employed 
by tii' ;n. 

§ A The said commissioners, as soon after the location Ton)ake plat# 
as practicable, shall make a map and report thereof, giving 
the distances and description of the same, and shall file the 
same in the office of the clerk of the county court of said 
com; , , who shall record the same. The above road, when 
located, shall supersede, be in lieu of, and vacate so much 
of a s" ate road heretofore located between Peoria and said 
town of Henderson as lies between said town of Victoria 
and the intersection on the west line of said [section] six- 
teen, as specified in the first section of this act. 

Approved February 12, 1853. 



AN ACT to locate a state road from Murphysboro to Marion. In force Feb. 10, 

1853. 

Section 1. Be it enacted by the peojile of the state of 
Illinois, represented in the General Assembly, That James 
Russ (1. Cyrus Thomas and Monroe Campbell be and they Commissioners - 
are hereby appointed commissioners to locate a state road 



1853. 



140 



When to meet. 



leading from Murphysboro, in Jackson county, to Marion, 
in Williamson county, by way of the Eight Mile Prairie, 
having due regard to private property and the convenience 
of the public. That said commissioners shall meet at Mur- 
physboro on or before the first day of July next after the 
passage of this act, or as soon thereafter as possible, and 
take an oath before some justice of the peace of Jackson 
county, well and truly to perform the duties required of 
them by this act. 

When the commissioners shall have reviewed the said 
ground, and shall have located said road between the said 
places named, it shall be their duty to make out two plats 
of the road so located, and lay one before the county court 
of Jackson county, and one before the county court of Wil- 
liamson county, as soon as practicable after (he completion 
of the same, and the road so located is hereby declared to 
be a state road. 

The said plats shall be evidence hereafter in all courts 
of record in this state, and it shall be the duty of the clerks 
of the county courts of Jackson and Williamson counties 
to record said plats on the record of their offices, and the 
county judges of the counties of Jackson and Williamson 
shall allow the said commissioners and clerks a reasonable 
compensation for the services required by this act. 

Approved February 10, 1853. 



AN ACT to authorize the location of a state road therein named. 



Section 1. Be it enacted by the people of the state oj Ill- 
inois, represented in the General Assembly, That John Sep- 
erfield, Samuel Hagner and William Riaville, of Crawford, 
county, and Mclntire, John Allen and Ovid More- 
house, of Richland county, be and they are hereby appointed 
commissioners to view and locate a state road, commencing 
at the town of Hutsonville, in Crawford county, running 
thence upon the most passable route to the town of Rob- 
inson, in said Crawford county, thence on the most eligible 
route to the Einbarass river, on or near section No. nine, 
township No. five north, of range No. thirteen west, thence 
on the most direct and passable route to the town of Olney, 
in Richland county; and in all cases to locate the same up- 
on the route of any now established road, whether county 
or state road, or such parts of any such road, where the 
same can be so done consistently with the route. 

§ 2. That said commissioners as aforesaid may assess 
damages incident to the laying out ot said road, and report 



141 1853. 

their assessments to the county courts of the counties in 
which said road may be located; and the amount so assessed Expense* 
as aforesaid shall be allowed and paid out of the treasury 
of the counties aforesaid, in proportion to the distance in 
each of the counties aforesaid, by an order of the commis- 
sioners for that purpose. 

5 3. Three, or all of said commissioners, shall meet when to meet 
within six months from the passage of this act, at the town 
of Robinson, in Crawford county, and proceed to perform' 
the duties of this act. 

§ 4. Said commissioners shall return a plat, with the Tumake i> !at - 
courses and distances thereof, to the county court of each 
county through which said road shall pass, giving an entire 
view of the location of the whole road, which shall be filed 
and recorded. 

§ 5. The compensation allowed shall be as follows : To Compensation. 
each commissioner, two dollars per day; to surveyor, two 
dollars and fifty cents per day ; to chainmen and axemen, 
and other hands, one dollar per day, exclusive of inciden- 
tal expenses for provisions, torage and hire of teams. They 
shall keep an accurate account of the time employed and 
expenses incurred, the persons to whom due, and certify 
the same to the county court. The whole being added, 
each county shall pay the amount clue in proportion to the 
distance or length of such road in each county. 

§ 6. It shall be the duty of each county court through open road, 
whose county said road may pass, to cause the same to be 
opened, worked and kept in good repair as other state roads. 

§ 7. And for the purpose of erecting and constructing Erecting bridge. 
a good and permanent bridge across the said Embarrass 
river, at the point where said road shall cross the same, 
the said counties shall, in equal proportion of expense, Expense. 
cause such bridge to be built ; and the said counties are 
hereby authorized and required, through their several 
county courts, to appropriate money out of the treasury 
thereof sufficient for the purpose aforesaid. Said bridge 
shall be let at public auction, after first having given pub-xotice. 
lie notice by posting up written notices in the most public 
places in each of said counties, setting forth the time, terms 
and place of said sale, thirty days previous to said letting. 
The lowest bidder shall be declared the contractor for the 
building of said bridge ; the said contractor shall give bond Give bond, 
and security, to be approved by the county court of Craw- 
ford county. 

§ 8. The county court of Crawford county is hereby county court, 
required and intrusted with the sole power of giving notice 
and causing the letting of the bridge aforesaid. The said 
notice shall be given and the lettings made within six 
months from the passage of this act, ana to be completed 
within such time as the last mentioned court shall prescribe. 



1853. 142 

5 9. This act shall be in force from and after its pas- 
sage. 

Approved February 10, 1853. 



In force Feb. 11, AN ACT to locate a state road from Decatur, in Macon count}-, to New 
1853. Albany, in Coles county. 

Section 1. Be it enacted by the fieople of i' ae state of 
Illinois, represented in the Genera 1 JZssembly, That Is- 

Commi6sioners. rael Flory, William Cantrell, of Macon county, and Samuel 
Yarnell, of Coles county, be and they are hereby appointed 
commissioners to lay out and establish a state road, which 
shall commence at the town of Decatur, in Mac( n county, 
and run thence on the most eligible route to the south-west 
corner of the south-east quarter of section twenty, town- 
ship sixteen north, range three east, of the 3d P. M.; thence 
east, on or near the section line, to the north-east corner of 
section 29, in the same township, range four east; thence 
on the most eligible route to the north-west corner of the 
south-west quarter of section twenty-five, same township 
and range ; thence on the most direct and eligible route to 
the bridge on the Lake Fork of Okaw, commonly known 
as ' : Taylor's bridge; 55 thence to a point where the state 
road running from Charleston to Bloomington crosses the 
main Okaw ; thence the most eligible route to New Albany, 
in Coles county. 

when to meet § 2. Said commissioners, or a majority of them, shall 

turns™** 6 re " meet at Decatur, in Macon county, on or before the first 
day of July next, or as soon thereafter as may be practica- 
ble, and take an oath before some person authorized to ad- 
minister oaths, faithfully to perforin the duties required of 
them by this act, shall proceed to lay out said road, as pro- 
vided in the preceding sertion, and shall designate the 
route of said road, by placing stakes in the ground or plow- 
ing a furrow in the prairie and blazes on the trees in the 
timber. 

§ 3. Said commissioners shall, as soon as the said road 

M fl te. e:rcportand is located, make and file a report and plat of said road, 
showing the course and distance from point to point; which 
plat and report, when so made, shall be certified by said 
commissioners, and a copy thereof filed in the office of the 
clerk of the county court of the several counties through 
which the said road may pass ; and shall make out and pre- 
sent to said several county courts certified copies of the 
time and number of hands necessarily employed in each 
county ; and thereupon it shall be the duty of said courts to 
make a compensation for the sumfc severally due, allowing 



143 1853. 

to each commissioner the sum of one dollar and fifty cents, 
to each hand one dollar; and to the surveyor two dollars 
per day, for every day necessarily employed in locating 
said load through their respective counties. 

§ 4. Said road, when so located, shall he and the same Road to be opened 
is hereby declared a state road, and shall be opened four guitereadf^ " 
rods wide, and kept in repair as other state roads. 

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

Approved February 11, 1853. 



AN ACT to locate a state road from Shelbyville, in Shelby county, to Mt. I" force Feb. li 



Auburn, in Christian county 



1~03. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Hen- 
ry Armstrong, Wiley D. Bryson, Montgomery P. Goodrich, Cmmi:,sl0DerB - 
are hereby appointed commissioners to locate a state road, 
to wit : From Shelbyville, in Shelby county, thence with 
the Decatur road as far as the house of Elisha Austin, and' 
thence by the way of the head of Robinson's creek, and near 
the north-east corner of James Goodwin's land, near the 
house of Samuel Whitehead, on the Flat Branch, in Shelby 
county ; thence on the most eligible route to Mt. Auburn, 
in Christian county. 

§ 2. The said commissioners, or a majority of them, m t and tak« 
shall meet at Shelbyville, in Shelby county, on the first day oath ' 
of April next, or within two months thereafter, as they may 
agree on, and upon being duly sworn before some justice 
of the peace of Shelby county to faithfully and impartially 
discharge their duties as said commissioners, shall com- 
mence at Shelbyville and locate said road on or near the 
route specified in the preceding section; and that said road 
should be located on the nearest and most eligible ground, 
having due regard to private property. 

§ 3. Said commissioners shall designate said road by To mate and oie 
blazps on trees through timber and setting up stakes through plat * 
untimbered ground ; shall make out a plat of said road, with 
the marks and distances from point to point ; which plat, 
when so made, shall be certified by said commissioners, or 
a majority of them, and a copy thereof filed in the office of 
the clerk of the county court of Shelby and Christian coun- 
ties, and the county courts shall then cause so much of said 
road as lies within their respective counties to be opened o P «n and keep i» 
sixty feet wide, and keep in repair as other public high- " ; ,;llr - 
ways are. 

§ 4. The said commissioners shall make out and pre- compensation. 
sent to the county court of each county in which said road 



1853. 144 

may be located a certified copy of their time and the num- 
ber of hands severally employed in each county ; and there- 
upon it shall be the duty of the said courts to make a com- 
pensation for the sums severally clue, in proportion to the 
number of days in each county, allowing to each commis- 
sioner the sum of one dollar and fifty cents, and to each 
hand one dollar, and to the surveyor two dollars per day 
for every day necessarily employed in locating said road 
through their respective counties; and that such other rea- 
sonable compensation shall be allowed by said courts, for 
the use of teams, should such be necessary, to be paid by 
said courts as aforesaid. 

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

Approved February 12, 1853. 



in force Feb. ii. AN ACT to locate a state road from Winchester, in Scott county, to Taylor- 
1S53. vilie, in Christian count}'. 

commissioners. Section I. Be it enacted by the people, of the, state of 
Illinois, represented in the General Assembly, That Al- 
bert G. Leigh, of the county of Christian, John C. Virden, 
of the county of Macoupin, and Daniel Avery, of the coun- 
ty of Scott, be and they are hereby appointed commission- 
ers to view, mark and locate a state road from Winchester 
to Manchester, in Scott county; from thence to Scottville; 
thence, via Chapman's Point, to Virden, in Macoupin coun- 
ty ; thence to Taylorville, in Christian county. 

Meet and take § 2. Said commissioners, or any two of them, shall meet 
•**• at Winchester, on the first Monday in March next, or at 

some early day thereafter, and shall take an oath before. the 
county clerk or some justice of the peace of Scott county, 
faithfully to perform the duties enjoined on them by this act; 
and after being so sworn, such commissioners, or any two 
of them, shall proceed to view, survey, mark and locate 
said road, in the manner required by law for the location 
of public roads, on the nearest and most eligible route from 
point to point designated. 
.ma me § 3. Said commissioners shall he required to return to 
the clerks of the county courts of the several counties 
through which said road shall pass, on or before the first 
Monday in the month of .June next, a correct plat of the 
survey of said road ; which plat shall be filed in the offices 
of the several clerks aforesaid ; and the county courts of 
the several counties shall cause said road within their 

evened and kept counties to be opened and kept in repair as other public 
1,1 repair- roads ; and the said road shall be deemed and considered 
a public highway. 



145 1853. 

§ 4. The commissioners acting under this appointment 
shall have power to employ a surveyor and such other per- 
sons as may be necessary in performing the duties assigned 
them, and shall make out a report and file with the clerk 
of each county court, stating the length of time they and 
others were necessarily employed in said county; and it 
shall be the duty of the county court to allow and pay said ' » 
charges in the same manner allowed by law in locating 
public roads. 

Approved February 11, 1853. 



AN ACT to authorize the county court of Schuyler county to borrow money. in force Feb. IS. 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
county court of the county of Schuyler be authorized to Borrow money, 
borrow any amount of money, in sums not in the aggregate 
exceeding ten thousand dollars, at a rate of interest not Rate of interest, 
exceeding eight per centum per annum, upon such terms 
and conditions in relation to the re-payment of the same, or 
any portion thereof, and of the interest thereon, as the said 
court may deem best, and for the interest of said county. 
The sum or sums so borrowed to be appropriated by said 
court toward the payment of the debts of said county, and 
for other purposes. 

Approved February 12, 1853. 



AN ACT to locate a state road from Knoxville to Cambridge and Genesseo. in force Feb. Vi, 

1853. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly, That Ben 
Graham, of Henry county, Harman G. Reynolds and Da- commissiene™ 
vid B. Jackson, of Knox county, be and they are hereby appon 
appointed commissioners to view, mark and locate a state 
road from Knoxviile, in Knox county, by way of Rnhbin's 
farm and Red Oak Grove, to Cambridge, and from thence 
to Genesseo, in Henry county. 

§ 2. Said commissioners shall meet at Knoxville, inTotakeoath. 
Knox county, on the second Monday in June next, or as 
soon thereafter as practicable, and after being duly sworn 
by some justice of the peace faithfully to discharge the du- 
ties required of them by this act, shall proceed to view, 
locate and mark said road between the points above desig- 
10 



1853. 146 

nated, on the nearest and best ground, observing a due 
north and south course as near as practicable, by marking 
trees in the timber and putting up stakes in the prairie, 
having due regard to the public good, and doing as little 
damage to private property as the nature of the case will 
permit. 

§ 3. The said commissioners, as soon as practicable 

to make plats, after the location as aforesaid, shall make out maps and re- 
ports, giving the correct distance and description of the 
same, and shall file the same, or a copy thereof, in the clerk's 
office of the county court in each of said counties. And 
the county court or board of supervisors of said counties of 
Henry and Knox, (as the case may be,) shall allow said 

•ompensation. commissioners three dollars each per day for the time em- 
ployed in laying out said road and making their report, and 
a reasonable compensation to their assistants, one-half of 
which shall be paid by each of said counties. Said county 
courts or boards of supervisors shall also cause said road 

to be state road, to be opened and kept in repair as other state roads are. 
Approved February 12, 1853. 



In force Feb. 11, AN ACT to authorize the city of Knoxville to subscribe to the stock of the 
1853 * Peoria and Oquawka Railroad Company. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Assembly, That the 
city of Knoxvme city of Knoxville is hereby authorized to subscribe for 
stock! 11 s< e shares of stock in the Peoria and Oquawka Railroad Com- 
pany, in any sum not exceeding fifteen thousand dollars, 
and which stock so subscribed for shall be under the con- 
trol of the common council of said city, in all respects as 
stock subscribed by individuals. 
p»yment of stock. § 2. For the payment of the stock so subscribed, the 
common council of the city is hereby authorized to issue 
to said company the bonds of said city at par, bearing in- 
terest not exceeding eight per cent, per annum, payable 
semi-annually, with interest coupons annexed, and execu- 
ted by the mayor of the city, under the seal thereof, and 
countersigned by the city clerk, to an amount equal to the 
oity pledged for par value of the shares of the stock subscribed, and to 
stock. pledge the faith of the city for the semi-annual payment of 

the interest, and the ultimate redemption of the principal. 
Additional stock. § 3. That before the additional stock aforesaid shall 
Election. be subscribed, an election shall be held to ascertain wheth- 

er the inhabitants of said city are desirous that such sub- 
scription be made, and which said election shall be called 
by the common council of said city, and held and conduc- 



147 1853. 

ted and returns thereof made in the manner required by 
the fourth section of the act entitled "An act supplemental 
to an act entitled 'an act to provide for a general system 
of railroad incorporations,' approved November 6, 1849:" 
Provided^ that the standard of votes shall be the number 
of votes given at the preceding election for city officers ; 
and in case of a majority of the voters voting at said elec- 
tion shall be in favor of the subscription, such authorized 
subscription shall then be made by the common council of 
said city. The bonds which may be issued under the pro- 
visions of this act, shall be issued for the amount of and at 
the the time when assessments upon the other stockhold- 
ers of said company shall be regularly assessed and made 
payable: Provided, that the common council of said city Proviso, 
may at any time issue to said company the full amount of 
the bonds to be issued in payment of such subscription, 
whenever, in their discretion, they may deem it advisable. 

6 4. That the city council of- said city is hereby au-city council u, 

i.u • j a i -i i j_ u i l lev? 8nd collect 

thorized to levy a special annual tax on ail real and per- tax. 
sonal property situated in said city, for the payment of the 
interest on said bonds, in the same manner as is provided 
by an act entitled "An act to authorize the city of Quincy 
to collect a special tax for the purposes herein named," 
approved February 17, 18M ; and the provisions of the 
act aforesaid, in relation to the levy, collection and appro- 
priation of the tax, shall, in every respect, apply to the tax 
to be levied by virtue of this act. 

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

Approved February 11,1853. 



AN ACT to establish the Recorder's Court of the cifv of Chicago. la foree Feb. & 

J * 1S53. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Jlssembly, That there 
shall be established in the city of Chicago an inferior court Rp . c " r,le ^ s p(1 0ODrt 
of civil and criminal jurisdiction, which shall be a court of 
record, by the name of the " Recorder's Court of the City 
of Chicago," and shall have concurrent jurisdiction within JorkxUettu. 
said city with the circuit court in all criminal cases, ex- 
cept treason and murder, and of civil cases where the 
amount in controversy shall not exceed one hundred dol- 
lars. Said court, and the judge and clerk thereof, shall 
respectively have the like power, authority and jurisdic- 
tion, and perform the like duties as the circuit court, and 
the judge and clerk thereof, in relation to all matters, suits, 



1853. 



148 



recorder. 
Salary and fees. 



prosecutions and proceedings within the city of Chicago, 
so far as the same arc not otherwise limited by this act. 
iiecttai. Said judge and cierl shall he elected by the qualified vol ers 

of said city, and shall respectively hold their offices for five 
years, and until their successors shall be elected and quali- 
fied. The first election thereof shall be held at the next 
annual election for ma) or of said city, to be held on the first 
Tuesday of March, 1853; and like elections shall be held 
every five years thereafter. The person having the high- 
est number of votes for said offices respectively shall be 
declared elected thereto, and shall be commissioned by the 
governor. 
judge to be called § 2. The said judsie shall be called " the recorder of the 
city of Chicago," and shall receive an annual salary of one 
thousand dollars, to be paid quarterly from the state treas- 
ury, and shall receive the like fees in addition thereto as is 
received by tiie judge of the Cook county court of common 
pleas, to be paid and collected in the same manner as the 
fees of said judge last named are paid and collected; and the 
provisions of tiie statute in relation to the said Cook county 
court of common pleas, in relation to the duties, compen- 
sation and liabilities of the clerk of said Cook county court 
of common pleas, so far as the same can be made applica- 
ble and art' not inconsistent with tiie provisions of this act, 
shall apply to and govern the clerk Of said recorder's court, 
and be in force in relation to him and his duties and pow- 
proviso. ers : Provided, that in case the compensation and emolu- 

ments of said judge shall exceed the sum of fifteen hundred 
dollars per annum, then the excess shall be paid into the 
state treasury. 
said court to have § 3. Said rccordf r's court shall have a seal, to be pro- 
vided by the city of Chicago ; and said court shall be held 
in such place as shall be provided by said city, and the ex- 
penses thereof, except as herein otherwise provided for, 
shall be paid by said city. 

§ 4. The process ot said court shall be tested in the 
name of the clerk thereof. 

§ 5. All recognizances, except in cases of treason and 
murder, taken before any judge, justice or magistrate in 
said city, in criminal cases, shall be made returnable 1 aid 
recorder's court; and it shall be the duty of the oi icer 
taking the same to return all the papers in such criminal 
cases to the said court; and all fines, penalties and forfeit- 
ures had or taken in any such criminal proceeding, shall 
enure to the benefit of said city, and shall, when collected, 
be paid into said city treasury. 

§ 6. All appeals from decisions of justices of the peace 
within said city shall be taken to said recorder's c> urt: 
Provided, that when a term of the circuit court or Cook 
county court of common pleas shall intervene between the 



EecoRnlzanees 
returnable. 



149 1853. 

faking of any such nppeals and the next term of tlie record- 
er's court, it shall be optional wifcli ■ dlantto take his 
appeal to any one of said courts 

§ 7. Tin? state's-attOrney of -the judicial circuit it* •»■'; idi state's attorney 

• "•-,.• iiii i . • L , ,. to lit prosxcutine 

paid uty is situated shall he t'iu proseautmi* attorney i>i attorney, 
san. court, and for liis services therein shall receive ;<;. ■• , .a- 
dit il compensation of'five hundred dollars per ann un ! o 
be paid out of the same fund in the same manner a. ,us 
salary as state's attorney for said circuit is paid ; ai ;'ie 
board of supervisors of said county may allow and p i , said 
state's attorney his fees in all eases of conviction in any 
court in said county. 

§ 8. The sheriff of the county of Cook shall perform sheriff to perform 
the same duties, and have the same powers, and be li.tble 
to t ; same penalties in the said court as in the circuit 
court : and said sheriff and the clerk of the said recorder's 
court shall respectively be entitled to the like fees in all 
civil and criminal cases as are now allowed by Jaw for sim- 
ilar services in criminal cases to be collected out off de- 
fendants, if convicted : Provided, that if said di f">ndanthas*rwiso. 
no pioperty on which to levy, the said fees shall be paid out 
of the city treasury. 

§ 9. The grand and petit jurors of saH court Rhall be selection or j«- 
seleeted from the voters of said city who have paid a city 
tax for the preceding year, in the following manner: Said 
Council shall annually select five hundred names, who are 
are lalified to act as jurors, and who are not exempt from 
such service, from the list of such voters, and transmit the 
same to the clerk of said court, who shall keep a record 
thereof in a book to be provided for that purpose, and de- 
posite such names upon separate pieces of paper in a jury 
box, irom which he shall draw the names of the grand and 
petit jurors, in the presence of the recorder of said court, 
the sheriff ©r his deputy, and such persons as may see fit 
to ; ;md, at least ten days before the first day of each 
term of said court; notices of the time and place of such 
drawing having been given by said clerk, by posting the 
same upon the door of his office for five days immediately 
preceding such drawing: Provided, that the name of no Proviso, 
person shall be put into said box who has been drawn as a 
juror therefrom for the preceding year, nor shall the names 
drawn therefrom in any year be replaced in said box during 
said year, but the names in said box shall be annually re- 
newed : Provided, that if for any cause said grand and Further provue. 
petit jurors shall not be selected and drawn in the manner 
aforesaid, or in cases of vacancies in the panel thereof, or 
of the exhaustion of the same, said court may direct the same 
to be summoned by the sheriff, as now provided by law. 
All venires for jurors in said court shall be issued by the 
clerk of said court and executed by said sheriff as in other 



1853. 



150 



Oliange uf venue 



case' ; and all laws in relation to jurors, their compensa- 
tion, duties, powers, authority and proceedings, a- far as 
not inconsistent with the provisions o!' this act, shall be ap- 
plied to said court. 

§ 10. Changes of venue in all cases, civil or criminal, 
may be taken from said court to either the circuit court or 
the Cook county court of common pleas of said county, in 
all cases, when the party praying for such change of venue, 
or his attorney, shall make affidavit that in his or her belief 
justice and a fair and impartial trial requires such change 
of venue, stating in such affidavit the particular facts and 
circumstances upon which such belief is founded, find the 
judge of said court being satisfied of the truth of si' affi- 
davit; and no other or further change of venue shall be 
allowed. 

§ 11. Appeals may be taken from said court to the cir- 
cuit court of Cook county in all cases, in the same manner 
that appeals may be taken to the supreme court; and upon 
such appeals errors may be assigned and the like proceed- 
ings had as upon assignments of error in the supreme court. 

§ 12. The regular terms of said court shall be held on 
the first Monday of each month : Provided, that the com- 
mon council of said city may diminish the number of terms 
or abolish any term or terms that they may deem unneces- 
sary, not exceeding six in any one year. 

§ 1:4 Any vacancies in the office of judge or clerk of 
said recorder's c< urt may be fill d by election at su< h time. 
as may be appointed by the common council of said city; 
and the person elected to fill such vacancy shall hold his 
office until the next regular election for such office, as pro- 
vided in this act: Provided, that a clerk pro tern, may be 
appointed by the judge thereof, when necessary. 
f § 14. In case the state's attorney should fail to ittend 
upon said court at any term thereof, his place shall be sup- 
plied by a state's attorney pro tern., who shall be ap- 
pointed by the judge, and who shall, in the meantime, re- 
ceive for his services such compensation as is allowed 
to the state's attorney under the provisions of this act. 

S 15. This act shall take effect and be in fere, from 
and after the first day of March next. 

Approved February 12, 1853. 



151 1853. 

AN ACT authorizing the Governor to deed certain school lands. In force Feb. 8, 

1863. 

Section 1. Be it enacted hi/ the people of the slate of 
Illinois, represented in the General Assembly ^ Ti < : the 
governor be and lie is hereby required and authorized to Governor author - 

i i i i i >• i i ii i • izcd to convey 

cause to be made out and delivered to the persons herein- certain lands. 
after mentioned, patents or deeds convening a!; the title 
and interest of the state of Illinois in and to certain tracts 
or parcels of school lands, sold by Isaac ii. Essex, in pur- 
suance of an act entitled "An act to authorize the salt of 
the sixteenth section, in township twelve north, range six 
east, in Putnam county ; approved March first, 1833," as 
follows, viz : To Joseph Cox, his heirs or assigns, two 
certain tracts or parcels of land, being a part of division 
numbered two (2,) or middle division of section sixteen 
(16,) in township twelve ( 12) north, range six (6,) east of 
the fourth principal meridian, situated in the county of 
Stark, as surveyed by said Isaac B. Essex, and bounded as 
follows, to wit : One of said tracts commencing at the Description. 
northwest corner of said division No. two (2,) or middle 
division, and running thence east twenty -lour ch ins, thence 
south eleven chains and twenty-seven links, thence west 
twenty-four chains, thence north eleven chains and twen- 
ty-seven links, to the place of beginning. The other of 
said tracts commencing at the north line of said division, 
twenty-four chains east of the northwest corner, and run* 
ning thence east twenty-eight chains, tirttnee rfouth twenty- 
two chains and fifty-five links, thence west twenty >ht 
chains, thence north twenty-two chains and fifty-five Links, 
to the place of beginning. To Matilda Mounts, Mary 
Jane Mounts, Caleb Mounts and Ann Mounts, heirs at law 
of Nero W. Mounts, their heirs or assigns, two certain 
tracts or parcels of land, being a part of the division afore- 
said, and bounded as follows, to wit : One of said tracts 
commencing at the southwest corner of said division No. 
two (2,) or middle division, and running thence north 
eleven chains and twenty-seven links, thence east twenty- 
four chains, thence south eleven chains and twenty- seven 
links, thence west twenty-four chains, to the place of be- 
ginning. The other, commencing at the northeast corner 
of said division, and running thence west twenty-eight 
chains, thence south twenty-two chains and fifty-five links, 
thence east twenty-eight chains, thence north twenty-two 
chains and fifty-five links, to the place of beginning. 

§ 2. This act shall take effect and be in force from and 
after its passage, and shall not be so construed as to prej- 
udice or effect in any way the equitable rights of any per- 
sons to the lands mentioned therein. 

Approved February 8, 1853. 



1853 . 152 

in force Jan. 27, AN ACT to prevent sheep and swine from running at large in Henry, Will 
1853, and l..vn:;-t>n ifouiifes. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in 'he General Assembly, That from 
penalty. and after the first day ol Maf&h next it shall not be lawful 

for any person or persons, possessor or possessors of any 
she.cp and swine, to a: low then to run at large within the 
counties of Henry, Will, and Livingston and Lake ; and 
if any person or persons residing within said counties of 
Henry, Will, and Livingston and Lake, being the owner or 
owners, possessor or possessors of any sheep, hog >rhogs, 
shoat or shoats, pig or pigs shall permit them to run at 
large within said counties as aforesaid, such person or per- 
sons shall forfeit and pay the sum of five dollars per head 
to any person or persons making complaint before any jus- 
tice of the peace in and for said counties, to be collected 
as in action for debt b« fore such justice of the peace, with 
the costs of suit. 

Approved January 27, 1S53. 



in fores Feb. 12, AN ACT entitled "An act to prevent sheep and swine from running at large 
18 -> 3 - in the' county of Du Page." 

Section 1. Be it enacted by the people of the state, of 
lllin ;is, represented in the General Assembly, That from 
Pmaity. anc j a ft er the first day of March next it shall not fee lawful 

for any person or persons, possessor or possessors of any 
sheep or swine, to allow them to run at large within the 
county of Du Page ; and if any person or persons, being the 
owner or owners, possessor or possessors of any sheep, 
lamb or Iambs, hog or hogs, shoat or shoats, pig or pigs, 
shall permit them, or any of them, to run at large within 
said county of Du Page, such person or persons shall lor- 
feit and pay the sum of five dollars to any person or per- 
sons making complaint before any justice of the peace in 
the state of Illinois, to be collected as in action for debt 
before such justice of the peace, with the costs of the suit. 

Approved February 12, 1853. 



AN ACT to relocate the county seat of Cass county. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General */Jsse?nbly, That on 
the first Tuesday after the first Monday in November, in 



153 1853. 

the year of our Lord one thousand eight hundred and fift\- 
three, an election shall be held in the county of Cass, in 
the state of Illinois, at the usual places of holding elections, 
for the purpose of determining whether the present seat of 
justice of said county shall be removed and relocated. 

8 '2. Tlie judges and clerks of elections shall attend on vote for or •• 

,i " j r. i .. j l . • i . . • ■• jurist removal. 

the day or elections and conduct said elections according 
to the election laws of this state ; and all legal voters of the 
county of Cass shall be entitled to vote at said election for 
the removal of the seat of justice of said county of Cass to 
the town of Virginia, in said county, or in favor of said seat 
of justice remaining at Beardstown, as now located. 

6 3. The judges and clerks of said election shall make Returns of euc- 
refcurns of said election in the manner and time now pre- 
scribed by law in regard to other elections in this state. 

ft 4. When the returns shall have been made to the county cierk. 
clerk of the county court of said county of Cass, he »= Iiall 
proceed to open and count the votes given for the reloca- 
tion of the seat of justice at the town of Virginia, and also 
the votes given for retaining the seat of justice at Beards- 
tov. n. The opening and counting of said votes shall be in 
accordance with the laws requiring the opening and count- 
ing the votes of elections in this state ; and if a majority 
of all the votes cast for and against the removal and relo- 
cation of said county seat are in favor of its location at 
Virginia, then Virginia shall be and remain the permanent 
seat of justice of Cass county. 

5 5. If the seat of justice shall be relocated and estab- county court. 
lished at Virginia, according to Vne provisions of this 
act, the county court of the said county of Cass are author- 
ized, and it is hereby made their duty, to procure suitable 
public buildings for the public officers of said county, and 
also to provide a suitable place for holding court in Vir- 
ginia ; and when such arrangements shall have been made 
the records of said county shall be removed from Beards- 
town to Virginia ; and the county and circuit courts of said 
county shall be held in Virginia. 

Approved February 11, 1853. 



AN ACT for the relocation of the county seat of Lo^an county. m force Feb. 14, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jfaxembly r , That an < lec- 
tion shall be held in the several precincts in the county of Election. 
Logan at the next regular election, to be held in Novem- 
ber next, at which election the legal voters of said county 



1853. 154 

shall vote for and against the removal of the seat of justice 
from the town of Mount Pulaski to the northwest quarter 
of section number thirty- one, in township number tv rty, 
range two west ; and if it shall be found that the legal vo- 
ters of said county, or a majority of them, have voted in 
favor of said removal, that the seat of justice is hen de- 
clared to be located on the N. W. i of Sec. 31, T. . \ R. 
2, aforesaid : Provided, that the owner or owners of said 
quarter section of land shall, before the said day of election, 
convey to the said county of Logan at least ten acres of 
said quarter section, to be a good and eligible location for 
the public buildings and public grounds; said location to 
be approved by the judge of the county court and his as- 
sociates, or a majority of them. 

§ 2. If it shall appear that a majority of votes ca-^t at 
said election are for the removal of the seat of justice, it 
shall be the duty of the county court of said county, at the 
court holden first after said election, to provide for the 
erection of the public buildings of said county, by contrac- 
ting for the building of a court house ; and when such court 
house is completed, or within thirty days thereafter, all 
county officers required by law to keep their office at the 
county seat shall remove their respective offices to said 
new location. 

Approved February 14, 1853. 



In force Feb. 10, AN ACT supplementary to an act entitled "an act to create the county of 
18S3, Grundy from the county of La Salle," approved Feb. 17, 1841. 

preamble. Whereas it is provided by section four of the act to which 

this act is supplementary that the commissioners appoint- 
ed under and by virtue of said act to locate the seat of 
justice of said county of Grundy should locate the same 
on the line of the Illinois and Michigan canal, on ranal 
lands, and that they should set apart for that purpose a 
quantity of canal land, not exceeding ten acres, ai al- 
ter doing so that they should proceed to lay off' said land 
as a town site, embracing lots, streets, alleys, and a pub- 
lic square, in such manner as they should deem proper: 
and whereas the commissioners appointed to locate the 
seat of justice of said county of Grundy did locate the 
same, as required by said act, upon canal land, being the 
same land now occupied by the original town of Mor- 
ris, in said county of Grundy, according to the plat there- 
of recorded in the recorder's office of said county ! and 
whereas the said town of Morris was laid off by and 
under the direction of the commissioners aforesaid, as and 



155 1853. 

for the seat of justice cf Grundy county, with the design 
and intention on the part of said commissioners that 
block jS'o.5, on the plat of said town, should be used for 
and dedicated to the purposes of a public square, and 
said block has, since the location of the said seat of jus- 
tice by said commissioners, up to the present time, been 
used and is now used as and for a public square, and no 
other public square has ever been laid off in said town: 
and whereas the said county of Grundy has complied 
with the provisions of the above recited act, by paying 
to the commissioners of the Illinois and Michigan canal 
the sum of fifty dollars, being ten dollars per acre, for one 
half of the said ten acres upon which said town of Mor- 
ris was located ; therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly. That block 
No. 5 aforesaid, in the original town of Morris, according Lot set Rpartfor 
to the plat thereof on the record of said county of Grundy, puduc building*. 
be and the same is hereby declared to be dedicated to the 
purposes of a public square, and shall forever be used as 
sucii, and for no other purpose whatever, except it be for 
the site of public buildings, by order of the board of super- 
visors of said county of Grundy. 

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

Approved February 10, 1853. 



AN ACT to establish a state road from Peoria, in Peoria county, to Rock 

Island, in Rock Island county. In {orce Feb# 12j 

1S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Smith 
Fry, Stephen Palmer and Barney Jackson be and they are 
hereby appointed commissioners to view, lay out and locate commissioner!. 
a state road, commencing at the city of Peoria, in Peoria 
county, running from thence, and upon the most practica- 
ble route, to the town of Princeville, in said county, thence 
northwesterly to the town of Lafayette, Stark county, 
thence continuing a northwestern direction to Bishop liiii, 
in Henry county, thence to Cambridge, in said county, 
from thence to the town of Rock Island, in Rock Island 
county. 

§ 2. It shall be the duty of said commissioners, or any to meet and take 
two of them, to proceed to Peoria, in Peoria county, on or °* 
before the first day June next, or as soon thereafter as they 
may find convenient, and after having been sworn by some 
acting justice of the peace or clerk of said county, to view, 
mark and locate a road, as above designated. 



1853. 



156 



Td make plats. 



Counties to pay 
damages. 



upon and keep in 
repair. 



§ 3. When the said commissioners shall have laid out 
said road, they shall make out and deliver to the clerks of 
the counties through which said road [s!i 11 run,] a copy or 
plat of said road, which plat shall by said clerks be entered 
of. record in their several offices, and the said entries shall 
be evidence in all courts of this state of the existence of 
said road. 

§ 4. The compensation to each person employed in lo- 
cating and establishing said road shall be one dollar and 
fifty cents for each day necessarily employed, exclusive of 
forage for their horses, except the surveyor, who shall have 
two dollars per day for each day so employed. 

§ 5. The commissioners shall, as they view, appraise 
the damages to each tract of land through which said road 
passes, or they shall take a release from the owner or 
authorized agents of such tracts as they may release the 
right to damages. In assesing damages, the commissi n- 
ers shall take into account the advantages as well as the 
disadvantages said road may be to the owner of any land 
through which said road may pass. 

§ 6. The counties through which said road may pass 
shall pay the damages as assessed by the commissioners, 
unless either party takes an appeal to the circuit court, in 
which case the county shall wait until said circuit court 
may have determined the same. The county shall then 
pay the damages as determined by the sail court; the par- 
ty in default shall pay all legal cost in the cause. All ap- 
peals taken shall be taken as is now provided by law for 
taking appeals on laying out roads or appraising damages. 

§ 7. Whenever said road shall have been laid out. and 
returns made as provided for by this act, it shall then be 
opened and worked, as is now provided bylaw for opening 
and working public roads. 

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

Approved February 12, 185'^. 



in force Feb. 14, AN ACT to locate and establish a state roail from Mascoutah, in St. Clair 
1863 * county, to Pinckneyville, in Perry county. 



Commissioner 



when to meets 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General ^Assembly, That Rich- 
ard Sadler, of St, Clair county, John Wesley Crain, of 
Washington county, and Hawkins Osborn, of Perry county, 
be and they are hereby authorized to meet in the town of 
Mascoutah on the first Monday in March next, or so soon 
thereafter as practicable, and proceed to view and locate 
a state road leadiiiGf from the town of Mascoutah, in St. 



157 1853. 

Clair county, by the nearest and most eligible route, cross- 
ing the Kaskaskia river at the High Banks, on any part of 
section *o. 22, township one south, range 6 west; from 
thence, on the nearest and most practicable route, to the 
town ofElkton, in Washington county; thence, on the 
■ttaightest and most eligible route, to the town of Pinck- 
ne) ville, m Perry county ; and when said road has been lo- 
cated, and a correct survey of the same made out, together 
with a plat describing the lands over which it runs, and to =»**.,. 
certified by a competent surveyor, together with the report 
of said commissioners, or a majority of them, shall cause 
to be filed a full and correct copy of said report, location 
and survey, with the clerks of the county courts of each 
ot the above counties through which the road shall pass 

§ *. The said commissioners shall be allowed (or such *■£«*«. 
as may act) and paid for their services the sum of two 
■dollars] and fifty cents per day each for the time neces- 
sarily engaged in making said location and survey; each 
county paying the commissioner residing therein, whenever 
the same shall be authenticated to the clerk of the county 
court of each respective county. 

f § 3. The said road, when located and established, shall to be .ut.™*. 
be deemed and held to be a public road, and shall be 
opened and kept in repair in all respects as other public 
roads in this state, and the damages that may be assessed 
for the right of way shall be paid by each respective coun- 
ty, as in other cases. 

j 5 4. The said commissioners, or a majority of them, Fmpl0v BUrwj 
shall employ a competent surveyer, whose services shall be «• 
paid at the rate of $3 50 per day for each and every day r 
that he may be necessarily employed in said work, whose 
account, when made out, must be certified by at least two 
N said commissioners, and paid by.each respective county 
as certified to in equal proportion to the services within 
pach county. 

' § 5. It shall be the duty of the clerk of the county com- Dutv of c]erkI 
goners' courts ot each of the aforesaid counties, to no- " 
» the supervisors of their respective counties when said 
road shall be located, and the survey and report filed as 
aforesaid, and the said supervisor, on receiving said notice, 
lhall open said road forthwith. This act to take effect and 
t>e m force from and after its passage. 
Appr ved February 14, 1853. 



1853. 



158 



Commissioners. 



Commissioners. 



'(immlssioners. 



in force Feb. 12, AN ACT for the location of certain state roads. 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jissembly, That Wil- 
liam Hatchings, Joel Rushing, of Perry county, and John 
J. Woodside, of Randolph county, be and they are hereby 
appointed commissioners to view, mark and locate a state 
road from the mill of William Hutchings, in Perry county, 
on the nearest and best route, to the east end of Grand Cote 
Prairie, and from thence to the section line between sec- 
tions thirteen and twenty-four, township four south, range 
four west ; thence west, on the best and most eligible 
ground, on the lines of the United States surveys, so as not 
to run angularly through any lands, to the state road from 
Sparta to Nashville. 

§ 2. That James Gillespie, Wiley Lane and Jeptha 
Glore, be and they are hereby appointed commissioners to 
view, mark and locate a state road from Athens, in St. 
Clair county, on as straight a line as practicable, to Sparta, 
in Randolph county, crossing Lively's Slash, at or near 
Lively's Point, in St. Clair county. 

§ 3. That John A. Wilson, James McHenry and George 
Petri, be and they are hereby appointed commissioners to 
view, mark and locate a state road, on the most eligible 
and direct route, from Lebanon, in St. Clair county, by way 
of Mechanicsburg and Jeffersonville, to Sparta, in Ran- 
dolph county. 
when to meet § 4- Said commissioners, after being duly sworn by 
an<i make re- some justice of the peace or other officer authorized to ad- 
minister oaths by the laws of this state, shall, as soon as 
practicable thereafter, proceed, in each case, to perform the 
duties required by this act, avoiding all damage to pri- 
vate property as much as' possible, and shall, in a reasona- 
ble time after performing such duties, cause to be filed in 
clerk's office of the county court of each county through 
and in which said roads may be located, a complete plat of 
such road, which shall be preserved and entered on the re- 
cords of said courts. 

§ 5. The said commissioners shall have power, in each 
case, to employ a surveyor and such other persons as may 
be necessary in the survey and location of said roads; and 
said commissioners and surveyors, and such other persons 
so employed, shall be allowed a reasonable compensation 
for the time necessarily employed, out of the treasuries of 
the respective counties through which such roads may be 
located and established, in proportion to the time employed 
in each county in laying out and locating said roads ; and 
when said roads are laid out and located, as provided by 
county courts of the several counties through 



159 1853. 

which said roads may pass shall cause the same to be 
opened and kept in repair as other states roads are. 
Approved February 12, 1853. 



AN ACT to establish the county of Kankakee, and for other purposes there- In force Feb. fl, 
in named. 1853 - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General A scmbly, That all 
those portions of the counties of Will and Iroquois b'i n g N fomed°out y of 
within the following boundaries, to wit: Commencing at win and iro- 
the state line, at the northeast corner of fractional town- ed Kankakee. 
ship thirty-two north, (32,) range fifteen, east of the third 
principal meridian, and running thence west, on the town- 
ship line, between townships thirty-two and thirty- three, Boundaries. 
(32 and 33,) to the northwest corner of township thirty- 
two north, (32,) range eleven (11) east; thence south, on 
the township line, to the southwest corner of said township 
thirty-two (32,) range eleven (11,) thence west six miles, 
on the township line, to the northwest corner of township 
thirty-one (31) north, range ten (10,) east of the third prin- 
cipal meridian, thence south, on the township line, to the 
southwest corner of section seven (7,) in township twen- 
ty-nine (29) north, range ten (10) east, thence east, on the 
section line, to the Indiana state line, thence north, to the 
place of beginning, be and the same are hereby created into a 
new county, to be called the county of Kankakee : Provi- proviso. 
ded, that a majority of all the legai voters of each of said 
counties of Will and Iroquois, voting on the question, shall 
vote for the same in the manner hereinafter prescribed. 

§ 2. The qualified voters of said counties of Will and voters to vote for 
Iroquois may, at a special election, to be held in the several ginization! ° r 
towns or precincts of said counties, on the first Tuesday of 
April next, vote for or against the organization of said new 
county of Kankakee, by ballot, upon which shall be written 
or printed) or partly written and partly printed, "For the 
new county," or " Against the new county." 

§ 3. The county clerks of the counties of Will and Iro- County cierkt *• 
quois shall give notice of said election in the several elec- 
tion districts of said counties, in the same manner as noti- 
ces of general or special elections are given, as nearly as 
may be ; and the judges of election and the clerks of the 
said several election districts of said counties of Will and 
Iro >^is, shall keep a list of the votes polled at said election, 
and certify to and return the same to the clerks of the 
county courts of their respective counties, in the same 
manner as is provided for general elections. The said 



1853. 160 

clerks shall, within seven days after said election, proceed 

to canvass the said vote in the same manner as in general 

Betumofvotesot elections ; and the said clerk of Iroquois county court shall 

iroqnois county. make return of the votes f said Iroquois county to William 

KeturnofTOtesof P arris h and James Lamb, of said county; and the clerk of 
win county. the county court of Will county shall make return of the 
votes of said Will county to James Perry and William Dur- 
ham, of Will county, in each case within six days after the 
same have been canvassed ; and each of said clerks shall 
Retmnsto secre- also, within ten days, make return of said votes to the sec- 

tary of state. retary f sta te. 

Majority of votes. § 4. If it shall he found that a majority of all the voters 
in each of said counties of Will and Iroquois, voting upon 
the question, have voted in favor of the organization of said 
new county of Kankakee, then there shall be held a spe- 

speciai election, cial election in the several towns and precincts within the 
limits, in this act described, for said new county of Kan- 
kakee, on the second Monday of May next, for county of- 
ficers. Said election shall be conducted by the judges of 
elections then holding office under appointment or elec- 
tion in the counties of Will and Iroquois, and at the usual 
places of holding elections ; at which election the qualified 
voters of said county of Kankakee shall elect all county 
officers lor said county, except such as are hereinafter ex- 
cepted, who shall be commissioned and qualified in the 
same manner as such officers are in other counties in this 
state, and shall hold said offices until the next general (lec- 
tion for such officers, and until their successors are elected 
and qualified, and shall have all the juiisdiction and perform 

justices of the all the duties which are are or may be conferred upon or 
peace and other rea ui re d of similar officers in other counties of this state. 

officers to hold 1 , , i . • i i i l 

theiroffices un- £ 5. All the justices oi the peace, constables or other 

by lawf expre officers who have been heretofore elected and qualified in 

the counties of Will and Iroquois, whose term of office .hall 

not have expired at the time of said election, and whose 

place of residence shall be embraced within the limits of 

said county of Kankakee, shall continue to hold their said 

offices, and exercise the jurisdiction and perform the duties 

voters to vote on thereof, until their term of office shall expire, and until their 

the question °f success0 rs shall be elected and qualified. 

township organ- . . , , » . c , & 

i/.tiiun. § 6. The voters at said election for county officers 

shall also vote upon the question of township organization, 
and the same shall be conducted and returns thereof made 
Duties of county J n a ll respects as near as may be in accordance with the 
laws then in force on that subject ; and if it shall be found 
that a majority of all the voters of said county voting at said 
election shall shall have voted for township organizath n, it 
shall be the duty of the county court of said Kankakee 
county to proceed to lay off said county into townships, 
and shall order a town meeting to be held at such time as 



ice* and con - 
o con- 
fflco. 



161 1S53. 

said county court may deem proper; and the officers then 
elected shall hold their offices until the next general elec- 
tion for such officers, and until their successors are elected 
and qualified : Provided, that in cases where justices of the Proviso. 
peace and constables have been elected within the limits 
of such towns before the division of said county of Kanka- 
kee into towns, and whose term of office shall not then have 
expired, and whose residence shall be in any of such towns, 
such justices and constables shall continue in said offices, 
as provided in this act, and only such additional justices Jllst . 
and constables shall be elected in said towns as may be ne- \^' h l J° 
cessary to supply deficiencies ; and the said county shall 
become subject to all the laws in force at that time or to be 
enacted thereafter on the subject of township organization ; 
but in case it shall be found that said county shall not have 
adopted township organization, then said county shall be 
subject to all the laws of this state in force where such or- 
ganization has not been adopted. 

§ 7. For the purpose of fixing the permanent county ffow cbosen . 
seat of said county of Kankakee, the voters of said county 
shall, at said election for county officers, vote for some 
place, to be designated upon their ballots, for a county seat. 
Upon said ballots shall be written or printed, or partly 

written and partly printed, "For county seat ;" after 

which words shall be written or printed the name of the 
place -utended. The place receiving the majority of all the 
votes polled upon that question shall be the county seat of 
said Kankakee county; but if no one place shall receive a 
majority of all the votes polled upon that question, then it 
shall be the duty of the county court of said county to call second eiecHoD- 
anothc j- election within thirty days thereafter, at the several £ ld what ev * M 
places of holding elections in said county; at which time 
the voters of said county shall select and vote for one of the 
two places having the highest number of votes on the for- 
mer election; and the place having the majority of all the 
votes :^iven shall be the permanent county seat of said 
Kankakee count}'. 

§ 8. Notices of said election for county officers shall be Notice of ei«- 
given by said William Parrish, James Lamb, James Perry, gH- n c ' n . by whm " 
and William Durham, or any two of them, in the same man- 
ner as notices of general elections are given by the clerks 
of the county courts. Said notices shall also specify that 
a vote will be taken on township organization and the loca- 
cation of the county seat. 

§ 9. Returns of said elections shall be made to Thomas Returns, to ***» 
Durham, of Bourbonnais Grove, within five da) s after said made - ' 
ejection ; and said Thomas Durham, and any two justices 
of the peace of said county of Kankakee, shall, within sev- 
en days after said election, proceed to open the poll books, n w canvassed 
and sLall canvass and make return thereof in the same 
11 



1853. 162 

manner as is required of clerks and justices of the peace 
under existing laws. 
suite, &c, nut to § 10. All suits and prosecutions that have been or may 
beaffeeted. ^ e commencef l in said counties of Will and Iroq wis, in- 
cluding all proceedings in the county courts of said coun- 
ties, in matters of probate, before the organization f said 
county of Kankakee, shall not be affected by this a t, but 
all such suits, prosecutions and proceedings shall be pros- 
ecuted and conducted to their final termination in said 
counties of Will and Iroquois; and the officers of said 
counties of Will and Iroquois are hereby authorized to ex- 
ecute all writs that may be necessary for the compleHaa of 
said suits and prosecutions within the limits of said county 
of Kankakee ; and all judgments that may have hei tofore 
been obtained, or that may hereafter be obtained, under the 
provisions of this section shall have the same lien Upon 1 all 
property within the limits of said county of Kankakee as 
though the said territory had not been erected into a sepa- 
rate county. 
Notice to circuit § H- As soon as the county officers shall have been 
worts. elected and qualified, the said county of Kankakee >hallbe 

considered organized, and the clerk of the circuit court 
shall give notice to the judge of the eleventh judicial cir- 
oonrts, when and cuit, who shall hold eoiirt at such place as shall be desig- 
ners held. na t e d by the county court of said county until the county 
seat is located as herein provided. Said circuit court shall 
be holden at such times as said judge shall direct, until oth- 
wise provided by law. 
s h,,.,um.i s . § 12. The school funds belonging to the several towns 

embraced in the limits of said county of Kankakee shall be 
paid and delivered over by the school commissioners of the 
counties of the counties of Will and Iroquois to tin school 
commissioner of the said county of Kankakee so soon as hu 
shall be elected and qualified. 
commissioner. § 13 - Tlie count y courtof said county of Kankakee* or 
the board of supervisors, if said county should adopt town- 
ship organization, may, at any term of said court ov meet- 
in^ of said board, (and for that purpose said boav.! of super- 
visors may meet at any time after the organization of said 
county, on notice being given to them by the clerk of the 
county court,) by an order of said court or board, to be en- 
tered upon their records, appoint some competent person 
a commissioner for the purpose hereinafter expressed, Who 
shall take an oath of office before the clerk of the county 
court or some justice of the peace of said county. Said 
county court or bo:ird of supervisors shall at the sane time 
provide a sufficient number of blank books and deliver the 
same to said commissioner, who shall receipt for the same 
to the clerk of the county court. 



163 1853. 



§14. As soon as said book or hooks shall be delivered 



Duty of oonrato- 



of the order of his appointment and of his oath of office, 
and shall thereupon proceed to transcribe into such book 
or books all such deeds, mortgages and title papers of eve- 
ry description, with the acknowledgments and certificates 
relating thereto, of lands lying in the county of Kankakee, 
which have been recorded or may hereafter, before the or- 
ganization of said county of Kankakee, be recorded in il\3 
recorder's offices of said counties of Will and Iroquois; and 
there shall be allowed to said commissioner such sum fornts compenwi 
his services as said court or board of supervisors shall deem " M '* 
just, to be paid out of the county treasury. Said commis- 
sioner shall note at the end of each paper by him transcribed, 
the book, page and county from which the same was trans- 
cribed, and shall make a correct index thereto. 

§ 15. When said commissioner shall have completed his Effect << ream** 
work he shall make return of his said books to the clerk of £S5Sii»?' 
the circuit court of said Kankakee county ; and they shall 
be taken and considered, to all intents and purposes, as 
books of record of deeds, mortgages and title papers for the 
said county of Kankakee, and copies of said papers, certi- 
fied by the recorder of said county, shall be evidence in all 
courts and places, in the same manner that deeds and title 
papers, regularly recorded in the recorder's office, are evi- 
dence, and with the same effect. 

§ 16. The secretary of state shall forthwith furnish the Duty or secretary 
county clerks of the counties of Will and Iroquois with a ° f statP ' 
copy of this act, certified under the seal of state. 

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

Approved February 11, 1853. 



AN ACT respecting executors, administrators, guardians, and their securi- In fort 
ties. 

Section 1. Be it enactel by the people of the state of 
Illinois, represented in the General Assembly, That any 
sole executor, administrator or guardian, or all the joint g 
executors, administrators or guardians of any estate, or mi- ™° 
nor heir or heirs, heretofore or hereafter to be appointed 
by any of the courts of this state, and who are desirous of 
resigning such office of executor, administrator or guardi- 
an, may, by giving notice in some newspaper published in Notice, 
the county in which said executor, administrator or 



of 



dian was appointed, for four weeks successively preceding 
the sitting of any term of said court, of his or their intention 



1853. 164 

to present such application, and of the time and place of 
making such application; and in case there is not a paper 
published in said county, then by posting up notices as 
aforesaid in at least four of the most public places in said 
county, and also give notice in writing to his or their secu- 
rities of such intention as aforesaid, at least ten days before 
.-jilting actfts. the said term of the court. And upon stating and adjust- 
ing with such court an account of his or their actings and 
doings in relation to such office of executor, administrator 
or guardian, and paying over to his or their successor or 
successors in office all moneys, effects and choses in action 
of every kind and nature whatsoever, found to be due and 
owing- by him or them as such executor, administrator or 
guardian, to the successor or successors in office of such 
executor, administrator or guardian, then to be appointed, 
the court to which said application shall be made shall or- 
der that such executor, administrator or guardian, be dis- 
charged and removed from such office of executor, admin- 
oististrator or guardian. And the court shall thereupon appoint 
^dmim^Sdcsoine fit person or persons to hold such office as adminis- 
feiua mm. trator witn t | ie w ij] annexed, administrator de bonis nun, 
or guardian, as the case may be, making such appointment 
iu accordance with all the terms and provisions of the ex- 
isting laws of this state as to the appointment of adminis- 
trators and guardians ; and the person so appointed shall 
toad* then and there give bond and be subject to ail such duties 

and liabilities of administrator or guardian as are or here- 
after shall be imposed upon such officers by the laws of this 

• \iai-ili:\nmay ra State. 

rign. r 2. In all cases when there shall be more than one 

executor, administrator or guardian appointed by any of the 
courts of this state, and when any one or more of such exec- 
utors, administrators or guardians shall desire to resign such 
trust, it shall be lawful for such co-exerutor,administrator or 
guardian, on producing and filing [with] the court by which 
said letters testamentary or of administration or guardian- 
ship were granted, the assent in writing, under the hand 
and seal of his or their co-executors, administrators or guar- 
dians and securities to such application, and comply with all 
the requisitions of the first section of this act, to be dis- 
charged and removed from such office of executor, admin- 
istrator or guardian, and his or their said co-executors, ad- 
ministrators or guardians, shall proceed to administer their 
said trust in the same manner as if they were surviving ex- 
ecutors, administrators or guardians. 

§ 3. That whenever any security or securities on the 
official bond of any executor, administrator or guardian, 
desire to be released from further liability upon any such 
official bond, it shall and may be lawful for such security 
on any such executor's, administrator's or guardian's bond, 
on giving ten days' notice to any such executor, ad minis- 



165 1853. 

trator or guardian, for whom he or they may be security, 
after publication, as required by the first section of this act, 
to apply at any term of the court in which said official bond 
may be filed, for an order of said court to compel such exe- 
cutor, administrator or guardian, within some reasonable 
time, to be fixed by said court, to settle and adjust his or Account*. 
their accounts, or his or their actings and doings with re- 
ference to such office, and pay over whatever balance may 
be found in his or their hands, and to file in such court bond 
in such penalty as may be prescribed by the court, with 
good and sufficient security, to be approved by the court, 
conditioned as is or shall be hereinafter prescribed by law in 
case of executor's, administrator's or guardian's bonds; and 
in case such executor, administrator or guardian, within the 
time fixed by the order of said court, shall fail to comply 
therewith, then the court shall order that said executor, 
administrator or guardian be removed from his said office, 
and shall appoint some other fit person as administrator 
with the will annexed, administrator debon is non, or guar- 
dian, who shall give bond as now or hereafter shall be re- ikmd. 
quired by law. And in case of the failure of the former 
executor, administrator or guardian to settle his or their 
accounts with reference to their said office, and to pay over 
to the person so appointed all moneys, effects or cheses in 
action found to be due by him or them, by reason of their 
said office, then such successor shall proceed to collect the 
amount so due, by suit against such executor, administra- 
tor or guardian, or by suit upon his or their official bonds ; 
and upon the payment of the amount found to be due upon 
said trust, and the filing and approval of the bond, as requi- 
red by the order of the court, such security or securities 
shall be discharged. 

§ 4. In all eases where applications shall be made to c^rt to appaim 
any court in this state, under the provisions of this law, the 
court to whom such application shall be made shall appoint 
some discreet person, not interested in such application, or 
related to the applicants, to appear and attend to the pro- 
per settlement of accounts and the giving a proper bond in 
the premises. 

§ 5. The applicant or applicants, in all cases provided costs. 
for by this law, shall pay all costs incurred thereby, inclu- 
ding a reasonable allowance to the person appointed by- 
said court to defend the interest of the estate or minors, 
which shall be fixed by the court. And the court shall 
render a judgment against the applicants, in all cases 
arising under this law, for all such costs ; which may be 
collected by execution, as in case of other judgments. 

§ 6. Nothing in this act contained shall be so construed liability noi n- 
as to release any executor, administrator or guardian, or le " 8e(J ' 
their securities, from any previous liability, or from any 



1853. 166 

breach cf their bonds, or of their official duties accruing 
before the filing of the new bonds required by this lav, and 
a full compliance with orders of said courts in the premi- 
ses. 

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

Approved February 12, 1853. 



force Feb. 12, AN ACT to amend an act entitled "An act to protect owners of wood-yards 



l 153 



against the illegal acts of steamboat masters and officers," approved Feb- 
ruary 28, 1S45. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jlsscmbly, That in all 
cases arising under the act to which this is an amendment, 
the steamboat or boats shall be and is hereby made liable 
for all the acts of the master, captain or other officers, 
arising under the provisions of said act to which this is an 
amendment. 

Approved February 12, 1853. 



Feb. 12, AN ACT in relation to the county revenue of McDonough county, and reg- 
j^ulating the collection of the taxes levied for corporate purposes in the 
town of Macomb, in said county. 

Section 1. Be it enacted by the people uj the state of 
Illinois, represented in the General Assembly, That all taxes 

" nv c "hereafter assessed for and within the town of Macomb, in 
McDonough county, for town purposes, shall be collected 
by the sheriff of said county, and paid over by him to the 
town treasurer; in the performance of which duty he shall 
be governed by the same rules and shall receive kite same 
compensation as in the collection and payment of the coun- 
ty tax. 

i i.. § 2. The assessment of the real and personal property 

in the town of Macomb, in said county, by the county as- 
sessor, shall be the assessment for town purposes; and said 
assessment shall always be open to the trustees of said 
town for ttie purpose of levying town taxes. Win never 
the trustees of said town shall decide to levy a tax, the 
clerk of the county court shall make out and deliver to the 
sheriff such tax list at the same time and in the same man- 
ner as the tax list is made out for county purposes. 



167 1853. 

§ 3. Lands and town lots in said town, on which taxes idwrtiw* 
shall remain due and unpaid, shall be advertised with the 
delinquent list for county purposes, and shall be sold at the 
regular annua 1 sale of lands and lots for state and county 
taxes. 

§ 4. A road district is hereby formed, embracing four Road district, 
square miles, of which the court house, in said town of 
Mac b, shall be the centre, to be exclusively under the 
control of the trustees of said town. 

Approved February 12, 1853. 



AN ACT to provide for making indexes to certain records in La Salle county. i n f 0rce p eo , j , 

1853. 

Sk( 'ion 1. Be it enacted by the people pf the state of 
lllinu!-, represented in the General Assembly , That the 
clerk of the county court of La Salle county be and he iscierk authorized 
hereby authorized to make complete indexes of the records tomakelnde5te8> 
of the late county commissioners' court and of the probate 
court of said county, now remaining in his office, of which 
no indexes now exist. 

§ 2. The board of supervisors of said county shall de- Compensation. 
termine the time and the manner of making- such indexes, 
and shall allow and pay to said clerk a reasonable compen- 
sation r his services in making such indexes; the amount 
of said compensation to fixed by said board of supervisors. 

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

Approved February 10, 1853. 



AN ACT to authorize the county court of Sangamon county to transcribe in force Pel-, iff, 
certain records. Jsss. 

&E( .ion 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
county court of Sangamon county are hereby authorized county cowi -..»- 
and empowered to have transcribed certain records of transcribe t0 oer- 
deeds, mortgages and other instruments of writing, belong- trecento, 
ing to the recorder's office of said county. 

§ t. That the said transcript, when made and properly Transcript to be 
certified by the clerk of the circuit court and ex officio re- eertWed - 
corder of said county, shall have all the legal force and ef- 
fect of the original record. 

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

An-aovED February 10, 1853. 



1853. 163 

in force Fob. io, AN ACT to enable the inhabitants of West Jacksonville school district to 
1853, levy a special tax for a special purpose, 

Section 1. Beit enacted by the people of the date of 
Illinois, represented in the General •Assembly, That by 
vote, in the manner prescribed by law, the inhabitants of 
West Jacksonville school district may vote and y, for 
one or more years, a special school tax, to provide the 
means for the purchase and extinguishment of the interest 
of Harmony Lodge, No. ."*, of Free and Accepted Masons, 
in the school house of said district. 

Approved February 10, 1853. 



m force Feb. 1C, AN ACT to repeal the socond section of an act passed Februarj the 12th, 



1853. 



A. D. 1840, entitled "An act regulating the collection of the r ix, ; 

its application to Henry county. 



Section 1. Be it enacted by the people, of the state of 
Illinois, represented, in the General •Assembly, That the 
Act repealed. seC0 nd section of an act passed February 12th, A. D. 1849, 
entitled "An act regulating the collection of the road tax," 
in its application to Henry county, be and is hereby re- 
pealed. 
County court. ^ 2. The county court of Henry county shall, in future, 

disburse the amount of road tax collected within said coun- 
ty, instead of the supervisors of the said road districts. 
supervisors to § 3. The supervisors of the respective road districts in 
neysTntf'the " the said county of McHenry, shall pay into the county 
treasury. treasury all funds not expended by them at the time this 

act shall take effect. 

§ 4. This act shall be in force from and after the first 
day of March next. 

Approved February 10, 1853. 



In force Feb. 3, AN ACT regulating the collection of taxes in Hancock countv for 'he year 
1853. 1852. 

Section 1. Be it enacted by t/ie people of the state of 
Illinois, represented in the General •dssemhly, That the 
Amassment de- assessment of property for taxation, and the returns thereof 
made by the assessors of the several towns in the i ounty 
of Hancock, and the tax lists and warrants made and de- 
livered to the collectors of said towns, for the year A. D. 
one thousand eight hundred and fifty-two, be and they are 



169 1853. 

hereby declared to be as good and valid as they would have 
been had the act to provide for township organization re- 
mained in full force and effect in said county. 

§ 2. The collectors aforesaid are authorized and re- Collectors auti»©r- 
qnired to make and complete the collection of the taxes of collection*? 
the said year one thousand eight hundred and fifty-two, 
make settlement, pay over the moneys collected by them, 
and make their returns to the county treasurer in like 
manner and at the time provided for by the act aforesaid. 
And the county treasurer is hereby authorized and requir- 
ed to receive and pay over the taxes collected by town col- 
lectors and to collect and pay over the taxes on the non-res- 
ident delinquent list. He shall advertise and sell said pro- 
perty, and do and perform all and every thing necessary to be 
done and performed in and about the collection and settle- 
ment of the taxes aforesaid, in like manner and at the same 
time that is provided for by an act entitled "An act provid- 
ing for township organization," approved February 17th, one 
thousand eight hundred and fifty-one ; and so much of said 
act as relates to the assessment of property and the collec- 
tion of taxes shall be and remain in full force and effect in 
the said county of Hancock until after the collection of the 
taxes of the year one thousand eight hundred and fifty-two 
aforesaid. 

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

Approved February 3, 1853. 



AN ACT to authorize the town of Rockford. in Winnebago county, to elect m force F b. 5. 
additional justices of the peace and constables, and for other purposes 1853. 

therein mentioned. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That there 
shall be chosen in the town of Rockford, at the next annual ^'^fj,^." 
town meeting thereof, two justices of the peace and two bles - 
constables for said town; and that said town of Rockford, 
from and after the first day of April, A. D. 1853, shall be 
entitled to four justices of the peace and four town consta- 
bles, who shall hold their offices for the same time and under 
the same restrictions as town justices of the peace and 
town constables may hold office under the act to provide 
for township organization, in force April 1, 1851. 

§ 2. The board of auditors of the town of Rockton, in ^B^nrCTtittiitoift 
Winnebago county, are hereby authorized to subscribe to 
the capital stock of any railroad which passes through said 
town of Rockton, any amount of money not exceeding fifty 
thousand dollars, and to issue bonds pledging the faith of 



1853. 170 

the town therefor, bearing any rate of interest not exceed- 
' of interest, ing ten per cent, per annum. The board of auditors of said 
town shall, whenever they shall issue any bonds according 
to the foregoing provisions, proceed immediately to levy a 
' la *- tax sufficient to meet the interest on such bonds; which tax 

shall be assessed and collected at the same time and in the 
same manner that the state and county taxes are assessed 
and collected. 
tioa. § 3. On application of ten legal voters, in writing, to 

the town clerk of said town, said clerk shall post up noti- 
ces in five of the most public places in said town, that an 
election will be held to decide whether the town will sub- 
scribe for stock in any railroad, as provided in this act. — 
Said notice shall be given at least twenty days previous to 
said election, and no stock shall be taken or subscribed for 
any railroad unless a majority of the legal voters voting at 
said election shall be in favor of subscribing stock as afore- 
said. Said election may be held at the same time and in 
the same manner that annual or special town meetings are 
held. 

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

Approved February 12, 1853. 



: Feb. 12, AN ACT to authorize Archibald Adams to peddle goods in this state. 

S53. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, ThatArchi- 
i to poddie bald Adams, of Whiteside county, in consideration of great 
bodily infirmities, shall be entitled to have a state license 
granted to them [him J by the proper authority of the state, 
to peddle goods, wares and merchandise, anywhere in the 
state, free of charge, during his natural life; or if he is un- 
able to peddle, he may employ an agent : Provided, said 
Archibald Adams shall peddle on his own account, and shall 
not at any time employ a capital over five hundred dollars in 
his business, and shall not employ more than one agent each. 

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

Approved February 12, 1853. 



171 1853. 

AN ACT to authorize the county of Warren to levy and collect a special ^ force _Ket... n, 
tax for the purposes therein mentioned. 1853 * 

Whereas the county of Warren, under the provisions of an Preamble, 
act entitled "An act .supplemental to an act entitled ' an 
act to provide for a general system of railroad incorpo- 
rations,' " in force the 6th day of November, A. D. 1849, 
subscribed fifty' thousand dollars to the capital stock of 
the Peoria and Oquawka Railroad Company; and where- 
as the county court of said Warren count) have provided 
for the issue of the bonds of said county to the amount of 
fifty thousand dollars, bearing seven per cent, interest, 
to meet the instalments upon said stock subscribed by 
said county, as the same becomes due and payable, a 
portion of which bonds have already been issued; there- 
fore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General •Assembly, That the 
county of Warren is hereby authorized to levy and collect Speea!t:1x ' 
a special annual tax upon the property, real and personal, 
situated in said county of Warren, sufficient for the pay- 
ment of the annual interest which may accrue upon said 
bones so issued or to be issued for the purpose aforesaid. 

§ 2. The special tax aforesaid shall be levied and col- when to tc col- 
lected at the same time and in the same manner as the 
other taxes levied by said county ; and the said county and 
the officers thereof shall have the same rights, powers and 
remedies to enforce the collection of the same, by the sale 
of property, or otherwise, as is or may be provided for in 
other cases relating to the county revenue. 

§ 3. Said tax, when collected, shall by the said county Tax (otesetaparf 
be set apart and held separate and distinct from the other pose. 
portions of the county revenue, as a fund specially pledged 
for the payment of the annual interest on the bonds afore- 
said, and shall be by the said county, from time to time, 
applied to the payment of said interest, as the same be- 
comes due and payable, and to no other purpose whatever. 
§ 4. This act shall be deemed a public act, and shall 
be in force from and after its passage. 
ArraovED February 11, 185o. 



AN A T to repeal an act entitled (; An act to amend an act entitled -an act In force Feb. 10/ 
for the improvement of a part of the Illinois river, and for hydraulic purpo- ,853 ' 

ses/ approved and in force February 12, 1851." 

Sf.ction 1. Be it enacted by the peopte of the state oj Ill- 
inois, represented in the General •Assembly, That an act en- 
titled " An act to amend an act entitled 'an act for the 



5 J5 



funded. 



1853. 172 

speaied. improvement of a part of the Illinois river, and for hydraul 
ic purposes, approved and in force February 12, 1S51 
which said act was approved June 23, 1852, be and the 
same is hereby repealed. 
Moneys to be re- § 2. All moneys collected by any collector in pursu- 
ance of the provisions of the first section of said act, shal 
be refunded to the persons from whom they were collected 
upon demand. 

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

Approved February 10, 1853. 



Inform Feb. 12, AN ACT to regulate the practice in the circuit court of Cook county and 
1853> the Cook county court of common pleas. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That there 

Term of circuit shall be held annually four terms of the circuit court of 

of Oook county! Cook county, and eight terms of the Cook county court of 
common pleas. The said terms of the circuit eourl shall 

whenhowen. be held on the first Monday of May, and fourth Monday 01 
March and October, and third Monday of November ; and 
the said terms of the Cook county court of common pleas 

T tZu 9C circult shall be held on the first Monday of January, February, 
March, April, June, July and November, and the second 
Monday of September ; and process may be issued r un- 
able to either of said terms, or to the next succeeding term 
of said courts respectively, after the date of such pi cess, 
or to any subsequent term which may commence within 
three months from the date of such process. The terms of 
said circuit court to be held on the first Monday of May 
and the third Monday of November, and the terms fsaid 
court of common pleas to be held on the first Monday of 
February and the second Monday of September, sli ill be 
trial terms, at which jury trials shall have the prefer, ice of 
all other business, and all causes for trial shall be disposed 
of before any other business shall be taken up, excepting 
such business as may be incident to or necessary for the 

proviso. ' proper disposal of said jury trials: Provided, that in case 
the judges of said courts respectively shall direct the petit 
jury, for any term, to be summoned to appear on the sec- 
ond week thereof, in such case any other causes may be 
tried or business disposed of during the first week of such 
term. The other terms of said courts herein provided for 
shall be called vacation terms. 
pu e written no- § 2. Any party desiring to have a motion, plea or other 
tloe - matter cognizable at a vacation term, disposed of, shall file 

a written notice thereof, together with the papers on which 



173 1853. 



e 



tered. 

'5 



such motion is founded, in the clerk's office, and serve 

copy of said notice on the attorney of the opposite party, 

or in case he lias no attorney, then upon the opposite party, 

at least four days before the commencement of such term. 

The clerk shall make a list of such notices in the order in Duty of #e*. 

which the same are filed, and upon proof of due service 

thereof the court shall take up and dispose of said matters 

in their order, unless satisfactory reasons for further delay 

be shown. Such vacation terms may be held at the court Vacr;K "- 

house, or at the judge's chambers, at his discretion, and it 

shall be the duty of the clerk and sheriff to attend at such 

vacation terms. 

§ 3. Any party having commenced suit in either of said D^uit to,, a 
courts, shall be entitled to a default at any vacation term, 
upon proof of due service of process upon the defendant, and 
a cop} of the declaration with a rule to plead, at least ten 
days before such term, unless such defendant, or the attor- 
ney of such defendant, if such defendant be a resident of 
such county, shall, before the expiration of said ten days, if 
the suit be founded on a contract, file a plea to said action, 
and a o an affidavit setting forth that he believes he has a 
good defence to said suit upon the merits: Provided, hew- Provwo. 
ever, that the defendant shall have a right to file a plea in 
abatement, demurrer or motion to quash said action, in 
which case said plea, demurrer or motion shall be in order to 
be disposed of at the term at which the same is filed, or at the 
next vacation term, in case the same shall be filed in vaca- 
tion without service of notice. In all cases where it shall 
appear by affidavit or otherwise that the defendant resides 
out ol the county, the court may allow time to procure an 
affidavit of merits. 

§ 4. In all cases where a demurrer, plea or motion judgment L m 
shau be filed which the court shall adjudge to be frivolous, SSi* eer " 
the plaintiifshall be entitled to judgment, as in case of de- 
fault. When the issue is made up in any cause at a vaca- 
tion term, the parties shall determine whether the cause is 
to be tried by a jury, or by the court without the interven- 
tion of a jury, and an order of the court shall be made ac- 
cordingly, and such cause shall be set down to be tried in 
the manner stated in said order, and not otherwise. A 
special jury may be summoned from the bystanders when- *»&**** 
ever the court may adjudge it necessary, at a trial term or 
a vacation term. 

. § 5. Causes may, by agreement, be tried before the j u j 5m n.(»e..ier- 
judge at any vacation term, and judgment entered and ex- &,£ va " a,ivR 
edition issued thereon. 



5 C. 



In all cases where defaults have been taken, t! _ 
court may, without the intervention of a jury, assess the 
damages, and execution may issue forth with upon the ren- 
dition of judgment. 



ie nam- 



1853. 174 

judgment* to be § 7. All judgments rendered in either of said courts 
shall become liens from the time such judgment shall be 
rroYiso. entered on the judgment docket of such court: Provided, 

that as between judgment creditors and other parties claim- 
ing under the lien of such judgment rendered at the same 
term of the court, or on the same day in vacation, there shall 
be no preference or priority of the lien of one judgment 
over that of another. 
Open for the §8. The said courts shall always be open for the disposal 
*£u^ C ry° U bus < i-of all matters in chancery, whether interlocutory or final, 
aags at an times, an( j s ] ia }] possess all the power in vacation which they could 
exercise in term time, subject to such rules and regulations 
with respect to the practice as said courts may from time 
to time adopt: Jlnd provided 'further, that no final decree 
shall be entered up unless where specially authorized by 
statute, except at a vacation or regular term of said court. 
Appeals and writs § g. Anneals and writs of error shall lie to any final 

of errors. m s ijl . . J 

judgment rendered at any vacation term of said courts ; and 
bills of exceptions may be allowed and signed in the same 
manner as is now provided by law. 

Kotice . § 10. Notice of a motion to set a cause in chancery for 

final argument, shall not be in order until the pleadings in 
the same are closed, and the cause is at issue. 

xotice to tnka up § 11. Any party desiring to take up any motion, de- 

motwus to be murrer or p] ea j n chancery, may do so on giving ten days 
notice thereof, in manner hereinbefore provided. 

injunctions. § 12. One day's notice of a motion to dissolve an in- 

junction shall be sufficient, unless satisfactory cause be 
shown for further delay, or the court or judge :-hall other- 
wise direct. 

oontmuancas. § 13. All motions for continuances of causes shall be 

made on the first or second days of trial terms, unless the 
cause for such continuances shall have arisen subsequently 
to such days, or unless said court shall, in their discretion, 
allow such motions to be made subsequently. 

-. ,„„,„ 8 14. In all suits arising on contracts, brought to any 

term of said courts, the plaintiff shall be entitled tojudgment, 
unless the defendant shall, with his plea, file an affidavit of 
merits, plea in abatement, demurrer, or motion to quash, 
as hereinbefore provided. 

creditor's bin. § 15. A creditor's bill may be filed or garnishee pro- 

cess issued in either of said courts before the return day of 

Proviso. the execution : Provided, that the execution shall first-be 

returned by the sheriff unsatisfied, either in whole or in 
part, and that the plaintiff, or some person for him, shall 
file an affidavit, setting forth that there is danger that the 
benefit of said judgment will be lost unless the said plain- 
tiff be allowed to file such creditor's bill or issue such gar- 
nishee process before the return day of such execution; and 

^s! 3 '' 08 pr °" such garnishee process may be issued and the bond filed, 



175 1853. 

approved by the clerk in vacation, as well as in term time. 
It shall be the duty of the judges of the said courts to es- 
tablish rules of practice not inconsistent with this act, and 
they shall endeavor to make the same uniform in each of 
said courts. 

§ 16. No grand or petit jury shall be summoned for any Grand and put 
vacation term of either of said courts, unless the judge juries - 
thereof shall make an order for summoning such jury or 
juries ; which order may be made in vacation as well as in 
term time. 

§ 17. The lees to be paid upon the commencement of Feee, »t»-u paid. 
suits on confessions of* judgments or the taking of appeals 
in the Cook county court of common pleas, shall hereafter 
be as follows : On confessions of judgments, two dollars 
for each confession; in suits on the law side of said court, 
two dollars and fifty cents in each suit; in appeal cases, 
one dollar and fifty cents in each suit ; in chancery suits, 
three dollars in each suit — to be taxed, collected and paid, 
as provided in the fourth and fifth sections of "An act to 
provide for the election of certain officers therein named," 
approved Feb. 6th, 1849. And the judge of said court shall Jwige»* s*W. 
hereafter receive the same salary from the state treasury 
that is paid to the respective judges of the circuit courts. 

§ 18. All persons who may remain in custody ander indictment., 
any indictment found in either of said courts, after the ad- 
journment of any term thereof, shall be tried in the first term 
of either of said courts which shall'be held, and all the pa- 
pers and proceedings in the court in which such indictment 
may be pending, shall be transferred, if necessary, by the 
clerk, to the court which is required to try such indict- 
ment by the provisions of this section, who shall certify to 
the correctness of the same; and the proceedings had in 
such court to which such indictment may be transferred 
shall have the same force and validity as if had in the court 
in which such indictment was originally found. 

§ 19. In all applications for change of venue in e rim i- Change or t««.. 
nal cases the applicant shall set forth in his petition the 
particular facts and circumstances upon which his belief or 
fears are founded ; and the granting or refusing such appli- 
cation shall be discretionary with the judge or court to 
whom the application may be made. 

§ 20. All laws and parts of laws conflicting with this 
act be and the same are hereby repealed. 

Approved February 12, 1853. 



1S53. 176 



rce Fob. 12, AN ACT to amend an act entitled « An act to amend chapter ninety-three of 
180S. the Revised Statutes, and to locate certain road?.-' 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
much of the nineteenth section of the above recitee act as 
gives to the county court supervision and control of all 
roads and public highways in counties which have adopted 
township organization, be and the same is hereby repealed. 

§ 2. This act shall be in force from and after its passage. 
~ 1853. 



,2 > AN ACT amendatory of and supplemental to an act therein named. 



Section 1. Bt it enacted by the people of the state, of 
Illinois, represented in the General Assembly, That so 
istantmtich of an act entitled "An act making appropriations for 
and the pay of the officers and members of the general assem- 
bly, and for the salaries of the officers of the government, 
until the adjournment of the next regular session of the 
general assembly," approved February 17th, 1851, as pro- 
vides 'that the secretary and assistant secretary of the sen- 
ate, the clerk and assistant clerk of the house of repre- 
sentatives, shall be paid the sum of five dollars each per 
day, and that the enrolling and engrossing clerks of the 
senate and house of representatives shall each be paid the 
sum of three dollars per day, be and the same is hereby 
repealed, and there shall be allowed and paid to said offi- 
cers the following compensation for their services, viz: lo 
the secretary and assistant secretary of the senate, and 
the clerk and assistant clerk of the house of representa- 
tives, the sum of six dollars each per day, and to the en- 
rolling and engrossing clerks of the senate and house ot 
representatives each the sum of five dollars per day. 
And be it further enacted, That there shall be allowed 
*SKSL£; and paid to the sergeant-at-arms and assistant sergeant- 
ke "'" r - at-armsof the senate, and door-keeper and assistant door- 
keeper of the house of representatives, the sum of five 
dollars each per day. ^ 

$ o There shall be allowed and paid to any and all 
U'E: extra 'assistant clerks necessarily employed by the secreta- 
ry of the senate, or by the clerk of the house of repre- 
sentatives, the sum of four dollars each per day lor the time 
actually employed, to be certified by the secretary of the 
senate and principal clerk of the house. And there also 
shall be allowed and paid to the assistant enrolling and en- 
grossing clerks of the senate and house of representa- 



Mid 'toor- 



177 1S53. 

tives, each the sum of four dollars per day for the time actu- 
ally employed, to be certified by the principals. 

§ 3. The compensation hereby allowed to each of the 
srs named in this act shall be certified and entered oncortii 
the journals and paid in the manner provided by the act to 
which this is amendatory and supplemental. 

$ 4. So much and such parts of the act to which this 
is amendatory and supplemental, and of all other acts now 
in force as conflict with the provisions of this act, are here- 
by repealed. 

5 5. To the order of the inspectors of the penitentiary, inspectors to 
the sum of five thousand and one hundred dollars; wh 
amount was paid by the lessee of the penitentiary into the 
state treasury for the bonus or rent of the penitentiary for 
the first year of the present lease, and that the inspectors 
are authorized to use the same in rebuilding that portion 
of the main wall which has fallen, and for such other im- 
provements as they may deem necessary. This act to 
take effect and be in force from and after its passage. 

Approved February 12, 1853. 



Als ACT making appropriations for the pay of officers and members of the , n for , 
General Assembly, and for the salaries of the officers of the government, ' , 
from the end of the present session until the adjournment of the next regu- 
lar session of the General Assembly. 

Skction 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the fol- 
lowing appropriations be and the same are hereby made to . 
the members and officers of the General Assembly, and for 
the salaries of the officers of the government, until the ad- 
journment of the next regular session thereof. 

1st. To the speaker of the senate and house of repre- . 
sentatives, each the sum of three dollars per day for the 
first forty-two days attendance, and two dollars per day for 
each days attendance thereafter. 

2d. To each member of the senate and house of repre- senators and re- 
sentatives, the sum of two dollars per day for the first forty- preBentativee. 
two days' attendance, and one dollar per day for each 
day's attendance thereafter. 

3d. There shall be allowed to each of the members of Mileage, 
the general 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. 

4th. There shall be allowed to the secretary and assis- secretary, cierk* 
tant secretary of the senate, and to the clerk and assistant anda » tetaBta ' 
clerk of the house of representatives, each the sum of five 
dollars per day. 
12 



1853. 178 



™j 5th. To the sergeant-at-arms and assistant sergeant-at- 
arms of the senate, and to the door-keeper and assistant 
door-keeper of the house of representatives, the sum of four 
dollars per day. 

6th. To the enrolling and engrossing clerks of the sen- 
* ate and house of representatives, each the sum of four dol- 
lars per day. 

7th. To the assistant enrolling and engrossing cle 
the senate and house of representatives, each the sum of 
four dollars per day. 

compensation, 8th. And the compensation hereby allowed to each of] 
the officers and members of the general assembty shall be 
certified by the speakers of the respective houses, and en- 
tered on the journals and published at the close of the ses- 
sion : 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 cer- 
tified by the clerk of the house and entered on the journals, 
and published as aforesaid; which said certificates, when 
made and signed as aforesaid, shall be sufficient evidence to \ 
the auditor of each person's claim respectively, who shall; 
issue his warrants on the treasury for the amount to which 
each person shall be entitled as aforesaid, to be paid out ofj 
any moneys not otherwise appropriated, 
riationfor § 2. The following sums are hereby appropriated fori 
the salaries of the officers hereinafter mentioned, in 
adjournment of the next regular session of the legislature, j 
as aforesaid : 

Governor. 1st. To the governor, at the rate of fifteen hundred dol- j 

lars per annum. 

Auditor. 2d. 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 two thousand dollars ' 
per annum for clerk hire. 

Treasurer. 3d. To the state treasurer, at the rate of eight hundred 

dollars per annum, exclusive of clerk hire ; and to the said 
treasurer at the rate of six hundred dollars per annum, for 
clerk hire. 

secretary of stat e 4 th. To the secretary of state, at the rate of eight hun- 
dred dollars per annum, exclusive of clerk hire; and to the 
said secretary of state at the rate of five hundred dollars 
per annum for clerk hire. 

judges of su- 5th. To each of the judges of the supreme court of the 
preme court. s tate, at the rate of twelve hundred dollars per annum. 

circuit judges. 6th. To each of the judges of the circuit courts, at the 
rate of one thousand dollars per annum. 

7th. To each of the inspectors of the penitentiary, at] 
rate of one dollar and mfr cents per day: Pro 
that the same shall not exceed to each the sum of one hun-jjj 
dred dollars per annum. 



179 1853. 



tatc house. 



8th. To the porter to the state officers, at the rate of Pyrtt 'f 
one dollar and twenty-five cents per day ; and to the $ 
sistant porters, for services during the present session, one Asststante ' 
dollar and twenty-five cents per day for the time necessa- 
rily employed, to be certified by the secretary of state. 

9th. To the secretary employed in the fund commis- 
sioner's office, at the rate of four hundred dollars per an- 
num, to he employed no longer than is necessary in the 
opinion of the governor. 

To the judge of the Cook county court, created by an 
act approved twenty-first day of February, one thousand ' 
eight hundred and forty-five, at the rate of six hundred dol- 
lars per annum. 

To the prosecuting attorney of the said Cook county 
court, at the rate of two hundred and fifty dollars per an- toi 
num. 

To the extra assistant clerks employed by the engross- 
ing and enrolling clerk of the senate, and the engrossing x 
and enrolling clerk of the house of representatives, each 
the sum of four dollars per day for the time actually and 
necessarily employed; the number of days thus employed 
to be certified by the principal clerk. • 

And it shall be the duty of the auditor of public accounts 
to issue his warrant on the treasurer for quarterly pay- wa «" ant s. 
ments to tiie foregoing named officers. 

To each of the bank commissioners, the sum of five dol- E . , cnnn. 
lars per day for the time actually employed as such com- 
missioners, and ten cents per mile for every necessary 
mile's travel, in the discharge of their duties as such com- 
missioners. The said commissioners to exhibit their ac- 
counts to the governor, and when approved by him to be 
paid out of the state treasury. 

Approved February 14, 1853. 



AN ACT to authorize the trustees of schools in and for Bolander's school 
district, number one, in townships twenty-eight and twenty-nine north, of ' J '1953. 
range number nine east, in Stephenson count}-, to convey certain lands 
therein mentioned. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
trustees of schools in and for Bolander's school district, Trustees e mpow- 
No. one, townships twenty-eight and twenty-nine north of ^ es t t ° a ^° nvey 
range No. nine east, in Stephenson county, be and they are 
hereby fully authorized and empowered, as such trustees, 
to convey all the title now vested in them to the following 
described lot of land to John Bolander, or to his heirs or as- 



1853. 180 

signs, to wit : Commencing at the quarter section post, on 
the southern boundary of section number thirty-two, cf 
township number twenty-nine aforesaid, thence nortli thir- 
teen perches, thence east thirteen perches, thenc 
thirteen perches, thence west thirteen perches, to the place 
of beginning, containing one acre, more or less; and such 
deed, when so made, shali be deemed good and > 
law to divest the title of said tru: te .e specified, 

and to vest the same in the said John Bolander, his heirs 
or assigns, as fully as the same is now held by the said 
trustees. 

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

Approved February 12, 1353. 



in force Feb. io, AN ACT entitled an act to authorize the trustees of schools of township 
1853 - : een south, range one west, in Alexander county, to appropriate apor- j 

tion of the school fund to the erection . 
furniture (or the same. 

Section 1. Be it enacted by Ike people of the stole of 
Illinois, represented in the General •Assembly, That it shall 
to Mid De lawful for the trustees of schools of township seventeen 
south, of range one west, in Alexander county, in this 
state, to use and appropriate a portion of the moneys now 
on hand, being the interest on the proceeds of the sales of 
school lands in that township, for the erection of a school 
house in said township, and for the purchase of the furni- 
ture for the same : Provided, the amount so appropriated 
shall not exceed five hundred dollars; and provide 
the inhabitants of said township shall approve of such ap- ; 
propriation by a vote, to be taken agreeably to the provi- 
sions of sec. 81 of an act entitled "An act to establish and 
maintain common schools," approved February 12, 1849J 
Approved February 10, 1853. 



Trust ■• .-'. 



iN ACT to authorize the county court, of Bond county to borrow money! 
1853. and to levy and collect a special tax to build a court b 

Section 1. Be it enacted by the people cf the >7 
Illinois, represented in the General Assembly, That the 
county court of Bond county be and are hereby authorized 
to borrow any sum of money not exceeding ten thousand 
dollars, at any rate of interest not exceeding ten per cent. 



181 1853. 

per annum, to be agreed upon, for the purpose of erecting 
a court house in said county. 

1. The said county court, for the purpose of paying Special tax. 
the interest upon such loan, and reimbursing the principal, 
are hereby authorized to levy and collect a special tax up- 
on the property in said county, to be denominated the 
court house tax, which shall be faithfully applied to the ex- 
tinguishment of the debt created for the above purpose, and 
none other. 

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

Approved February 12, 1853. 



AX AC F to provide for the service of process on informations in the nature In force Fe 
of a quo warranto. 18 ° 3, 

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

\led in the General Assembly, That in all 
m rmation in the nature o'i a quo warrant:,, the 

aay cause a copy of the information, together with 
■ noti the commencement of such proceedings, to 

'.),• I to any defendant or defendants, or body politic 

md interested in such proceedings-, and resi- 

I ig without this state, not less than forty days 

s to the commencement of the term at which such 
its may be required to appear, which service when 
proved to the court by the oath or deposition of any per- 
son competent to be a witness in the cause, shall be as ef- 
fectual as if such service iiad been made in the usual form 
Within the limits of this stale. 

§ 2. In cases of such service on any incorporated com- 
pany, it will be suiricient to make the same upon the pres_ 
dent or the principal clerk or cashier, secretary or princi- 
pal agent or superintendent of such company. 
Approvkd February 12, 1853. 



AN ACT to repeal certain laws therein named. 

1. Be it enacted by the people of the stale of 
represented in Hie General Assembly, That all 
laws and parts of laws of this state which provide for the 
pun; timent of crimes and offences against the law by whip- 
ping, shall be and the same are hereby repealed. This act 
to he in force from and after its passage. 
Approved February 12, 1853. 



1853. 182 

AN ACT granting a certain right of way therein named. 

Section 1. Be it e the people of the state of 

Illinois, represented in the General Assembly, 
much of the right of way for a certain rail; 
this state, running from Savanna, on the pi, to 

Galena, and which was laid out and graded by virtue of an 
act entitled "An act to establish ana maintain a g 
system of internal improvements," in force February 27, 
A. D. 1837, and supplementary and amendatory acts there- 
to, be and the same is hereby donated and granted to the 
Chicago, St. Charles and Mississippi Air Line Railroad 
Company : Provided, that this grant shall be void unless 
said company shall extend their railroad from the point 
where their railroad strikes the Mississippi river, or from 
some point on said railroad, east of said river, to Galena, 
within six years from the passage of this act, which they 
are hereby authorized to do. This act to take effect and 
be in force from and after hs passage. 
Approved February 10, 1853. 



s, AN ACT to authorize the persons therein named to build a 
Lusk creek, in Pope county. 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Assembly, That New- 
ton D. Clark, Phillip D. Field, John Gilbert, John Raum 
and James McCoy, and their associates, heirs and assigns, 
be and they are hereby authorized to build a toll-bridge 
across Lusk creek, at "Golconda, in Pope county, at the 
mouth of said creek, or at any other place above the 
mouth which may be selected by the persons above named, 
or a majority thereof, as suitable for the construction ol 
said bridge: Provided, the construction of said bridge 
shall be commenced within one year, and completed within 
three years from the passage of this act. > 

Sec 2. The said persons, their associates, heirs and as- 
signs, are hereby authorized, after the completion of said 
bridge, to place a toll-gate at either end of said bridge, and 
may'demand toll of any and every person crossing said 
bridge, as follows: For each head of hogs or sheep, one 
cent each ; for each head of cattle, two cents ; for each one 
horse wagon or carriage, five cents ; for each two horse 
wagon, drawn by horses or oxen, ten cents ; lor each three 
horse wa^on, drawn by horses or oxen, fifteen cents; for each 
four horse wagon, drawn by four animals, twenty cents ; for 
each wagon, drawn by six animals, twenty-five cents ; for 



183 1853 . 



each led horse, mule or ass two cents; for one horse and 
rider, five cents ; and every foot person go free of ch 

§ 3. That the persons above named, their 

and assigns, shall have the right to erect a siril 
e at either end of said bridge, for the convenience of 
a collector of toils: Provided, tlie same shall not inter- Proviso, 
th the travel to and from said bridge. 

§ 4. The said persons above named* their associates, Bridge to be kept 
heirs and assigns, shall at all times, after the c .: 
said bridge, keep the same in good repair and allow a 
speedy passage; and if any person in crossing said bridge 
shalUustain any injury or damage, either to himself or his 
property, in consequence of said bridge no! being kept in 
good repair, the proprietor or proprietors thereof shall be 
responsible for the same in their private property. 

§ 5. Any person or persons crossing' said bridge with Penan 
any beast, carriage or other vehicle in a faster gait' than a 
walk, shall, for every such offence, be subject to a fine of 
five dollars, to be recovered before any' justice of the 
peace, in an action of debt, by any persons desirous of pros- 
ecuting the same: Provided, that notice of the same shall 
in large capitals at either end of the bridge. This 
act t« take effect and be in force from and after its passage. 

Approved February 12, 1853. 



' to amend an act to improve the navigation of (he Embarrass river. ; 
approved February 17, 1847. 

Section 1. Be it enacted by the people of the state of 
tthnois, represented in tJie General Assembly, That the 
law a ithorizing and requiring the county court of Law- 
rence county to levy a tax for the improvement of the na- 
vigation of the Embarrass river, approved Feb. 17th, 1847, 
be so amended as to authorize said court to expend the 
moneys arising from said tax in building a jail or any other 
public improvements in the said county of Lawrence. 

§ 2. That this act shall take effect and be in force from 
and after its passage. 

Approved February 12, 1853. 



1853. 184 

• Hj AN ACT to authorize the drainage of lands in township 40, range 13, castcf 
18 ° 3- the third principal meridian. 

Section 1. Be it enacted by the jieojjle of the st 
Illinois, represented in the General ^Assembly r , That from 
and after the passage of this act the lands lying within 
township 40, range 13, east of the third principal meridian, 
shall be exempt from the operation of an act entitled ''An 
act to authorize the drainage of lands in the township 
in mentioned, and to construct roads therein," approved 
June 23, 1852: Provided, however, that an)' and all lia- 
bilities on account of work done on contracts entered into 
by the Cook county drainage commissioners, named in said 
act, in pursuance of the powers therein granted, s 
and remain in full force and virtue; and ail legal and equi- 
table remedies shall be enforced in the same manner as 
though said act was not modified by this act, any thing in 
this act contained to the contrary notwithstanding. 
,, com- § 2. That the legal voters of said township, at their an- 
nual town meetings, may from time to time elect three 
persons, residents and freeholders of said to . 
who shall, when elected, be vested with the same powers 
within the township above named as the said Cook county 
drainage commissioners are now vested by law, and shall 
in all respects be governed and controlled by the provi- 
sions of said law, and shall be a body politic and corporate, 
and shall be known by ihe name of " Drainage Commis- 
sioners of the town of Jefferson." 

§ 3. Said persons may be elected at the next annual 
town meeting of said town, in the same manner as other 
town officers, and shall hold their office for one year, and 
until their successors are elected, but shall not be eligible 
to re-election. 

Approved February 11,1853. 



12, AN ACT in relation to the evidence of the proceedings of corporations. 

Section 1. Be it enacted by the people of the slate if 
Illinois, represented in the General jJssembly, That copies 
of all papers, books, or proceedings, or parts thereof, ap- 
pertaining to the transaction of any railroad cOi 
banking association, or other corporation, certifiei 
true copies by the clerk, secretary, cashier, or other keep- 
er of the same, under the seal of such company, b 
corporation, or under the private seal of such clerk, sec- 
retary, cashier, or other keeper of the same, if there he no 
seal in such company, bank or corporation; the sa ; d clerk, 



185 1853. 

secretary, cashier or keeper also certifying that he is in- 
trusted with the safe keeping of the original of which he 
gives certified copies, with an affidavit of the truth of 
such certificate, taken before some officer authorized to 
administer oaths, being annexed thereto, shall be received 
as p i'li Hi/ facie evidence of the facts so certified in all the 
courts of this state, in any suit or proceeding pending be- 
fore them. 

Approved February 12, 1S53. 



AN ACT to authorize the governor to adjust a claim of Nevins, Townstnd [ 
and company. 

Whereas under an act of the legislature, approved March 
1st, 1843, the governor, auditor and treasurer ac- 
knowledged that there was due to Nevins, Townsend 
and company the sum of fifteen hundred dollars for 
money advanced by said Nevins, Townsend and com- 
pany, to pay the balance of interest due from the state; 
and whereas under said law Governor Ford executed a 
note to said Nevins, Townsend and company for said 
sum. 

Sectiox 1. Belt enacted by the people of the state of 
Illinois, represented in the Gene nil Assembly, That the 
governor of this state be and he is hereby authorized to 
issue a certificate of internal improvement stock for the 
sum of fifteen hundred dollars, and an interest certificate 
for the same, at seven per cent, interest per annum, from 
tiie 25th day of August, 1843: Provided, no bond or cer- 
tificate shall be issued under this act, unless the governor 
shall be satisfied that the above amount is justly due and 
has not been paid. 

Approved February 12, 1S53. 



AN ACT to attach certain townships therein .named for school purposes. i„ force Feb. 10, 

1S63. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly ', That here- 
ifter, fractional township No. five north, range nine west, Territory 



fraction;.! township No. five north, range eight west, in said 
county, for all school purposes ; and that the inhabitants 
of said fractional township five north, range nine west, 



ses. 



1853. 



186 



In force Feb 
1863. 



created 



shall be entitled to enjoy and have the same benefits of the 
school fund of said fractional township fiv range 

eight west, as if thereof. 

§ 2. This act to take effect and be in fore 
after its passage. 

Approved February 10, 1853. 



AN ACT to create a school district therein named. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly, That their 
district shall be and is hereby created a school district in the coun- 
ty of Adams to be composed of the following tracts ol land, 
namely: the south half of section thirty- six, in township 
one south, of range nine west; the east half of section one 
and the east half of section twelve in townsnip two 
of range nine west; all of section thirty-one, and the west 
half of section thirty-two, in township one south, range 
eight west ; also all of section six in said township two 
south, eight west; and also the north-west quarter ot sec- 
tion seven and the west half of section five m said town- 
ship two south, eight west. , ^ T c in 
u^est to be I 2. The land of John Woods 2d, and N. Summers shall 
med with ciork-, bc * included ^ sa id school district, upon their filing with tiie 
clerk of the county court of said Adams county a written 
request to that effect; upon doing which they shall be enti- 
tled to all the rights and privileges of other citizens ot 
[ district. . , ,. 
.'.. Said district shall be called "Union school dis- 
trict," and shall have, enjoy, possess and exercise all the 

, powers, privileges, advantages and immuml 
other school districts, shall be entitled to its equal and joint 
proportion of the school funds, and shall be organized, reg- 
ulated, controlled and governed by the laws ot the state now 
in force, or that may be hereafter passed, and which may 
for the time being be in force. 
Approved Feb. 8, 1853. 



.:; '■■ 



187 1853. 

AN ACT to legalize the acts of certain school directors therein named. 

Section 1. Be i£ enacted by the the state of 

Illinois, mbly, That the 

acts of William Woolsey, William P. Roft and Frederick R. Acts 
Dutcber, as directors of school district No. 4, in township 
No. 20 north, rrmge ten enst, in the county of Lee, are 
hereby legalized ; that the tax voted to be raised by the 
legal voters of said district No. 4, be and the same is here- 
by made a legal tax. 

§ 2. This act shall be deemed a public act, and shall 
be in force from and after its passage. 

Approved February 11, 1853. 



A.N" ACT auth ite road to be laid out, connecting' Taylorville, in In force 

Chn. j and Springfield, in Sangamon county. I863, 

Section 1. Be it enacted by the peojile of the state of 
Illinois, represented in the General Assembly, That Squire 
Baker, of Sangamon county, and Eli Matthews, together Ctn;;j " iESioners - 
with William M. Thomas, of Christian county, be and they 
are hereby appointed commissioners to lay out and estab- 
lish a state road, which shall commence at the northwest 
corner of the public square of Taylorville, in Christian 
county, and run westwardiy to the southeast corner of the 
public square of Springfield, in Sangamon county, having 
due regard to private property. 

§ 2. That said commissioners shall meet on or before Ton , et . t( , 
the first day of May next, in the year of our Lord one thou- 
sand eight hundred and fifty-three, or as soon thereafter as 
possible, at the town of Taylorville, and take an oath be-T?.keoatb. 
fore an acting justice of the peace of Christian county to 
perform the duties required of them by this law. 

$ 3. When said commissioners shall have viewed the Mate piats. 
said 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 Christian and one for the county of Sangamon, 
and lay said plats before the county courts of the aforesaid 
counties, as soon as practicable after the completion of said 
plats. 

§ 4. That said plats shall be evidence hereafter in all phi? to be cti- 
courts of record in this state, and it [shall] be the duty of the dence ' 
county courts to record the said plats in the books of their 
respective offices. 



5. The compensation to each person employed in lo- 
cating and establishing said road shall be one dollar and 
fifty cents for each day necessarily employed, exclusive of 



C^mi ensation. 



1853. 188 

nses for provisions, forage for horses, &(*, except the 
surveyor, who shall have two dollars per day for earh day 
so employed. 
. §6. The expenses incurred in establishing said road 

•shall be allowed and paid by each county, upon the filing 
of the plat as aforesaid, through which said road is located, 
in proportion to the distance or length of said road in said 
counties ; the same to be made out by said coramis 
or any two of them. 

§ 7. This act to be in force from and after its passage. 
Approved February 12, 1S53. 



Acts ' ,<■ onI. 



in force Feb. ie, AN ACT to authorize the city of Nauvoo to borrow money, and f. 
1S53 - purposes. 

Section 1. Be it enacted by the people of the st 
Illinois, represented in the General* Assembly, T 
and deeds of the city of Nauvoo, in the county of Hancock, 
and state of Illinois, done and performed by virtue of an or- 
ganization under an act entitled "An act to incorporate 
towns and cities," approved February 10th, 1849, be and 
the same are hereby confirmed and legalized, and the in- 
habitants of the said city, within such limits as are now es- 
tablished by ordinance thereof, are hereby declared a body 
politic and corporate, by the name and style of" The City 
of Nauvoo," and vested with all the powers and privileges 
granted to the city of Quincy by an act of incorporation 
approved February 3d, 1840, and the several laws ai 
atory thereof. 

§ 2. The corporate authorities of said city, whenever 
a majority of the legal voters thereof shall, at any election 
held for that purpose, so decide, may subsci stock 

of any railroad or plank road, situate or lying wholly or 
partly within the limits of said county of Hancock, in any 
sum or sums not exceeding fifty thousand dollars in the 
aggregate, and may borrow money and issue their bonds 
therefor: Provide'/, that no sum shall be borrowed at a 
higher rate of interest than ten per cent, per annum, nor 
for a longer term than twenty years : Provided, that noth- 
ing in this charter shall be construed to the granting of any 
power by said corporation to sell any into iquors 

within the corporate limits of said city or town, contrary 
to the present laws of this slate. 

§ 3. This act shall be deemed a public act, and shall 
take effect and be in force from and after its pa! 

Approved February 10, 1853. 



Tote to sqbs< 
stock in ral 
plank roads. 



189 1853. 

AN ACT to authorize the city of Rockford to borrow money. In force Feb. .:. 

J 1863. 

tion 1. Be it e ' the people of the ' / of 

the Genera! Jlssembly, That the 
city council of the city of Rockford be and hereby is em- 
powered and authorized, on the faith and pledge of said 
borrow a sum of money not exceeding fifteen thou- 
sand dollars, at a rate of interest not exceeding ten per 
cent, per annum, for a term not exceeding twenty years, 
and to issue the bonds of said city therefor, under the seal 
of said city, signed by its clerk and countersigned by the 
r thereof. 

§ 2. The city council of said city is hereby authorize;"! 
and empowered, for the purpose of borrowing money as 
aforesaid, to issue the bonds of said city, executed as afore- 
said, in sums not exceeding one thousand dollars each, 
bearing interest not exceeding ten per cent- per annum, itateoj 

■ annually; said bonds to be payable within twenty 
years from the issue, or as much sooner as the said city 
council may judge proper, and to sell such bonds for the 
best price they may be able to obtain for the same, and in 
the manner the}' may judge most for the interest of said 
city. 

e 3. The said city council shall apply the money ob- Appii^icn of 
tained under and by virtue of the provisions of this act, in mone> " 
the building and construction of a public bridge across 
Rock river, in said city, at or near where the bridge in 
said city, across said river, now stands ; and said money so 
borrowed shall bo repaid by the said city by taxes to be lev- x^xc?. 
ied upon the taxable property of said city. Council of said 
city to provide by ordinance for the repayment of said mo- 
ney so to be borrowed as aforesaid, by the time and in the 
manner such money may, by the terms of the bonds issued 
therefor, fall due. 

§. 4. The said city council is hereby authorized and issue i on . [; . 
empowered, within the limits of twenty years as aforesaid, 
to issue the bonds of the said city, payable at different times, 
in such manner as they ma}', in their discretion, judge best 
for the city, and as will make the sum borrowed most con- 
venient of payment out of the taxes of said city. 

§ 5. The city council of said city shall have power and Taxes < 
shall cause to be levied, raised and collected annually, a 
special tax upon all taxable property, both real and per- 
sonal, within the city, of sufficient amount to pay the interest 
on any and all city bonds issued under the provisions of 
tiiis act, as the same shall become due and payable by the , 
terms of said bonds ; and the money so to be raised shall 
be set apart for the purpose of paying the interest of Paid Topayintere8l< 
bonds as the same shall become due and payable ; and in 
case a surplus of the moneys so raised remaining in any Snr p !n8 . 



1853. 



190 



and collected 
nually. 



year after paying the interest as aforesaid, the same shall 

remain a fund, under the control of the city council, and be 

applied to the payment of the interest accruing on said 

levied bonds in the next succeeding year. And the aforesaid tax 

11111 • 1 * 1 1 ]i i • 1 

shall oe levied, raised and collected in each and every year 
as aforesaid, after the issuing of the city bonds authorized 
by the provisions of this act, until the principal and inter- 
est of said bonds shall be fully paid and satisfied, and the 
aforesaid tax shall be levied, raised and collected in the 
same manner as taxes for ordinary city purposes. 

§ 6. That the act entitled "An act to authorize the 
city of Rockford to borrow money," approved June 18, 
1852, be and the same is hereby repealed. 

§ 7. That this act shall be deemed and taken as a pub- 
lic act, and shall be in force from and after its passage. 

Approved February 3, 1853. 



Pea. 0, AN ACT to authorize the common council of the city of Galena to borrow 
"■»> money. 

Section 1. Beit enacted by the people of the st 
Illinois, represented in the Ge embly, That the 

ids. common council of the city of Galena are hereby author- 
ized and empowered to make and issue the bonds of said 
city for a sum not exceeding one hundred thousand dol- 

Eate of interest, lars; said bonds to bear interest at the rate of eight per 
cent, per annum, and shall be payable at ten or twenty 
years from the date thereof, as the said common council 

Application of may provide; and which said bonds are to be used in the 

funds. construction of the Galena and Southern Wisconsin Rail- 

road. 

Taxe8< § 2. The said common council are hereby authorized 

and empowered to levy an annual tax upon the real and 
personal property in said city, sufficient to pay the annual 
interest which may accrue upon the said bonds issued in 
the manner and for the purposes aforesaid. 

transfer of stock. § 3. The said common council are hereby authorized 

and empowered to take, hold, purchase and transfer stock 

in the Galena and Southern Wisconsin Railroad Company 

to an amount not exceeding one hundred thousand dollars. 

Approved Feb. 9th, 1853. 



191 1853. 

AN ACT to authorize the city of Peoria to borrow money. i n force Feb. 3, 

1853. 

Section 1. Be it enacted by the p> 

■ represented in the Gen , That the 

city of Peoria, in its corporate capacity, be and the same power to purr- 
by authorized and empowered to subscribe for o; 
purchase stock in any railroad company already organized 
or incorporated, or that may hereafter be organized or incor- 
porated under any laws of this state, in any sum not exceed- 
ing three hundred thousand dollars: Provided, however. 
that the amount of stock heretofore subscribed for by said 
city of Peoria in the Peoria and Oquawka Railroad Compa- 
ny shall be a part of said three hundred thousand dollars : 
And provided, also, no such subscription to the capital 
stock of any railroad shall be made by said city unless the 
same shall be submitted to a vote of the legal voters of said Legal rotors. 
city at some general or special election, and a majority of 
all the votes cast at such election shall be in favor of said 
subscription. Said election shall be conducted and notice 
thereof given in the same manner as is provided in other 
elections in said city. 

§ 2. That for the payment of said stock the city coun- Bonwmoney. 
cil of said city of Peoria are hereby authorized to borrow 
money, at a rate not exceeding ten per cent, per annum, Rate of interest. 
and to pledge the faith of said city for the annual payment pi age the faith 
of the interest and the ultimate redemption of the princi- est? tyforiBter - 
pal. And if said city council shall deem it most advisable, 
they are hereby authorized to pay for such subscription, 
or purchase of said stock, in the bonds of said city, to be 
drawn for that purpose, in sums not less than five hundred 
dollars, and bearing interest not exceeding ten per cent. Kate of interest, 
per annum; which said bonds shall be signed by the mayor 
and countersigned by the clerk of said city, and have at- 
tached the seal of said city : Provided, that no bond shall Proviso. 
be paid out by said city at a rate less than par ; and 
said stock, so subscribed for or purchased by the said city, 
shall be under the control of the city council of said city, 
in all respects as stock owned by individuals. 

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

Approved February 3, 1853. 



AN ACT to authorize the town of Rockton to borrow mor.ey. In force Fet>. 10, 

1863. 

Section 1. Be it enacted by the people oj the state of 
. represented in the General Assembly, That the 
board of auditors of the town of Rockton, be and they are Borrow money. 
hereby authorized, on the faith and pledge of said town, to AmouIlt • 



1853. 192 

borrow a sum of money not exceeding ten thousand dol- 
lars, at a rate of interest not exceeding ten percent, per 
annum, for a term not exceeding twenty years, and to 
issue the bonds of said town therefor, signed by the clerk, 
and countersigned by the supervisor of said town. 

§ 2. The board of auditors of said town are hereby au- 
thorized, for the purpose of borrowing money, to issue the 
bonds of said town, in such sums and at such rate of inter- 
t. est, not exceeding ten per cent, per annum, as they shall 
deem the interest of the town requires — said bonds to be 
made payable at any time within twenty years after the 
issue thereof — and to sell such bonds for the best price 
they may be able to obtain for the same, and in the manner 
they may judge most for the interest of said town. 
Application of § 3. The board of auditors shall apply the money by 
money. them obtained under and by virtue of this act, in the build- 

ing and construction of public bridges across [the] river in 
said town, at such place or places as the highway commis- 
sioners of said town shall determine ; and said money so 
Taxes. borrowed shall be repaid by trie said town by taxes, to be 

levied on the taxable property of said town; and said 
board of auditors are hereby authorized and it shall be 
their dutv to levy such rate of taxation on the taxable pro- 
perty of said town as will secure the annual payment of the 
interest and the final redemption of the bonds, at such 
times as they respectively become due; which tax shall 
be collected at the same time and in the same manner that 
the state and county taxes are collected. 

§ 4. No bond shall be issued or money borrowed un- 
der the provisions of this act, unless a majority of the quali- 
fied voters of said town shall vote for the same at some 
town meeting held in said town. And the clerk, in giving 
notice of such town meeting, shall set forth that a vote will 
be taken on the provisions of this act. 

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

Approved February 10, 1853. 



. i A.N ACT to enable r\ school district therein named to borrow 
1S53. i for other pu 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Assembly^ That the 
school directors in school district number one, township 
forty-one north, of range live, east of the third principal 
meridian, in Dc Kalb county, and state of Illinois, are here- 



193 1853. 

by authorized and empowered to borrow money upon the 
faith and credit of said district, for the purpose of purcha- Objects. 
sing and improving a site for a school house in said district, 
and of erecting and finishing a sciiool house thereon, and of 
furnishing the same ; which said loan, and the interest ac- 
cruing thereon, shall be paid in one, two, three, four or five 
years, by annual tax levied upon the real and personal es- Taxes, 
tate in said district, and collected in the manner prescribed 
by law : Provided, the sum of money loaned shall not ex- 
ceed the sum of three thousand dollars, and that the same Amount, 
shall be loaned at a rate not exceeding ten per cent, per Eate ot lntcr 
annum: *Snd provided also, the sum necessary to be bor- 
rowed or loaned by said directors, and the rate per cent, of 
interest to be paid thereon, and the number of years in 
which the same shall be paid by an annual tax, and the 
amount to be paid each year, shall be determined by the 
inhabitants, legal voters of said district, when convened Le & al ^ 
in the manner now prescribed by law, in the 82d section 
of an act entitled "An act to establish and maintain com- 
mon schools," in force April 13, 1849. 

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

Approved February 12, 1853. 



AX ACT to establish a state road from the town of Walnut Hill, in Marion In force Feb. IP, 
county, to the town of Pinckneyville, in Perry county. 185s - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Ma- 
thew Cunningham, of Marion county, David Roper, of Jef- Commissioners, 
ferson county, Thomas M. McCracken, of Washington 
county, and James Weeks, of Perry county, be and they 
are hereby appointed commissioners to lay out and estab- 
lish a state road, which shall commence at the town of 
Walnut Hill, in Marion county, and run thence, on the most 
eligible route, to the town of Richmond, in Washington 
county, and thence, on such route as shall be selected by 
said commissioners, to the town of Pinckneyville, in the 
county of Perry. 

§ 2. Said commissioners, or a majority of them, shall Too meet. 
meet at Walnut Hill, on the first Monday in May next, or 
as soon thereafter as may be practicable, and after being 
duly sworn by some justice of the peace of the state faith- Tate oath, 
fully to perform the duties of this act, shall proceed to lay 
out said road as provided in the preceding section, and 
shall designate the route of said road by placing stakes in 
the prairie and blazes on the trees in the timber. The said 
13 



when so 
id a copy 
courts of 



1853. 194 

commissioners shall, as soon as the road is laid out, make 
: and file a report and plat of said read, showing the course 
and distance from point to point ; which plat, 
made, shall be certified by said commissioners, and 
thereof filed in the offices of the clerks of the county 

counties of Marion, Jefferson, Washington and Perry. 
3. The said commissioners shall make out and pre- 
LU * sent to the county courts through which said road may pass, 
a certified copy of the time and number of hands necessa- 
rily employed in each county, and thereupon it shall be the 
)sasation. duty of said court to make a compensation for the sums se- 
verally due, allowing to each commissioner the sum of one 
dollar and fifty cents, and to each hand one dollar, and to 
the surveyor two dollars per day for every day necessarily 
employed in locating said road through their respective 
counties. 
• be • :- § 4. When said plats shall be so recorded as aforesaid 
they shall be evidence in any of the courts of this state of 
the establishment of said road. 

§ 5. This act to take effect from and after its passage. 
Approved February 10, 1853. 



AN ACT to establish a stale road from Peoria, in Peonn county, to Rock 
Island, in Kock Island county. 

Section 1. Be it enacted by Ike people of the state of 
Illinois, represented in the General Assembly, That Smith 
Fry, Stephen Palmer and Barney Jackson be and are here- 
by appointed commissioners to review and locate a state 
road, commencing at the city of Peoria, in Peoria county, 
running from thence, and upon the most practicable route, 
to the town of Princeville, in said county ; thence north- 
westerly to the (own of Lafayette, Stark county; thence, 
continuing a northwestern direction, to Bishop Hill, in 
Henry county; thence to Cambridge, in said county; from 
thence to the town of Rock Island, in Rock Island county. 

§ 2. It shall be the duty of said commissioners, or any 
two of them., to proceed to Peoria, in Peoria county, on or 
before the first day of June next, or as soon thereafter as 
they may find convenient, and alter having been sworn by 
some acting justice of the peace, or clerk of the said coun- 
ty, to review, mark and locate a road as above designated. 

§ 3. When the said commissioners shall have laid out 
said road, they shall make out and deliver to the clerks of 
the counties through which said road shall pass, a copy or 
plat of said road, which plat shall, by said clerks, be en- 
tered of record in their several offices, and the said entries 



195 1853. 

shall be evidence in all courts of this state of the existence to be evidence, 
of said road. 

.} 4. The compensation to each person employed in lo- 
cating and establishing said road, shall be one dollar and 
fifty cents for each day necessarily employed, exclusive of 
forage for their horsed, except the surveyor, who shall have 
two dollars per day for each day so employed. 

§ 5. Tiie commissioners shall, as they review, appraise Damag. 
the damages to each tract of land through which said road 
passes, or they shall take a release from the owner or au- 
thorized agents of such tracts as they ma}- release the right 
to damages , in assessing damages. The commissioners shall 
take into account the advantages as well as the disadvan- 
tages said road may be to the owner of any land through 
which said road may pass. 

§ 6. The counties through which said road may pas:; 
shall pay the damages as assessed by the commissioners, damage8, 
unless either party takes an appeal to the circuit court; in 
which case, the county shall wait until said circuit \ court 
may have determined the same. The county shall then pay 
the damages as determined by the said court; the party be- 
ing in default shall pay all legal costs in the case. All ap- 
peals taken shall be taken as is now provided by law for 
taking appeals on laying out roads or appraising damages. 

§ 7. Whenever said road shall have been laid out, and to br< 
returns made as provided by this act, it shall then be 
opened and worked as is now provided by law for opening 
and working public roads. 

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

Approved February 11, 1853. 



AN ACT to lay out a state road across the bottoms of the Illinois river and In force Feb. IC 
Crooked creek, and for other purposes. 1853 * 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly , That Leon- 
idas Homey, Enoch Edmonston and F« R. Dalton are CommLv . i(JUCr , , 
hereby appointed commissioners to locate a road from the 
road on sec. 32, town. 1 N., 1 W., Schuyler county, across 
the bottom to the Illinois river, at or near the mouth of 
Crooked creek. Said commissioners, or any two of them, 
on being sworn to discharge their duties by this act, shall to be swom. 
locate said road from the road passing down the bluff on 
the S. W. qr. of sec. 32 aforesaid, southeasterly, to the 
northwest corner of the northeast quarter of sec. 5, 1 S., 1 
W., in said county ; thence south across the centre of said 



1853. 



196 



section No. 5 ; thence southeasterly to the centre of the 
west line of the southwest quarter of sec. 9 ; thence south- 
easterly to the Illinois river ; and on the location thereof 

o r.ie P iat s a; .d make plats and report of said road, and file the same with 

,ei "' rt ' the clerk of the county courts in which such road passes. 

Said commissioners to 'be paid respectively two I lars per 

ompensation. day for the time employed in locating and reporting said 
road, from the county treasury. Said road being located 
and reported as aforesaid, the same is declared to be a pub- 
lic highway, of four rods wide over lands not inundated, 
and seven rods wide where liable to overflow. 

-ewers. § 2. That when said road is so located and reported, 

Elias Briggs, of this state, his heirs, assigns or as :ociates, 
shall and may construct and maintain a dike or plank road 
upon the same, and when formed or completed shall be al- 
lowed to demand and receive such toll thereon as the coun- 
ty court shall from time to time allow and es 

•okeep feny. § 3. That the said Elias Briggs, his heir or as- 

sociates, are authorized to establish and maintain a ferry or 
ferries across Crooked creek and the Illinois river, at or 
near the junction on said road, or at its termination, and 
shall pay such tax on said ferries as shall be fixed by the 

win- - court county courts of Schuyler, Brown and Cass, and shall be 
allowed to demand and receive such ferriage thereon as 
said county courts shall respectively allow. 

§ 4. Sec. 3, 8 and 9, of chapter 42, of the Revised Stat- 
utes are made a part of this act. This act to lake effect 
from and after its passage. 

Approved February 10, 1853. 



i AN ACT to lay out and establish a state road theiv 

Section 1. Be it enacted by the people of -fate of 
Illinois, represented in the General •Assembly, That Nor- 
man Comstock and William Lemon, of the com of Jas- 
per, Elias Ppmeroy, of the county of White, Jo "ailey, of 
the county of Gallatin, George Myers, of nty of 

Champaign, James Gill, of the county of Cumb >i land, and 
William D. Latshaw, of the county of Coles, b< and they 
are hereby appointed commissioners to lay oi nd estab- 
lish a state road, which shall commence at the town of 
Shawneetown, in Gallatin county, and run l! \ on the 

most eligible route, to the town of Carmi, in V* county ; 

thence, on the most feasible route, to St. Mar; in Jasper 
county; thence to the town of Granville, in iid Jasper 
county; thence, on the most direct route, to the town of 



197 1853. 

Charleston, in Coles county; thence, on the best route, to 
the town of Urbana, in Champaign county. 

§ 2. Said commissioners', or a majority of them, shall to meet, 
meet at the town of Granville, in said Jasper county, on or 
before the first day of September, A. D. 1853, or as soon 
thereafter as practicable, and take an oath before a justice 
of the peace to perform the duties prescribed in the first Take oath, 
section of this act, [and] they shall proceed to lay out and 
establish raid road as provided for in this act. 

§ 3. Said commissioners, or a majority of them, shall, as x ^™ e t# plate ; " 
soon as said load is located, make out and file a report and 
plat of said road, showing the courses and distances from 
point to point; which plat and report, when so made, shall 
be certified by said commissioners, and a copy thereof filed 
in the office of the clerk of the county court of the several 
count; irough which said road may pass ; and it shall be 
the duty of said comities, through their several county 

. , • ,• i • u i Compensation » 

courts., '(make compensation for the services severally due 
to the commissioners and hands necessarily employed in 
each countj- — allowing to each commissioner the sum of two 
dollars per day, and to each hand one dollar per day, and 
to the surveyors two dollars per day for every day neces- 
sarily ( mployed in locating said road through their respec- 
tive counties. 

§ 4. This act shall take effect and be in force from and 
after it? passage. 

Apr: oved Febrnaiy 12, 1853. 



AN ACT to create a state road in Du Pajre, Cook and Lake counties. i n for ,-, >.-,.;,. u 

1853. 

Sec^ i 1. Bt it enacted by the people of the stale of 
Illinois represented in the General Jlssemblij, That Iiila- 
mon S. i; : ils and Sherman P. Sedgwick, ofDu Page conn- Cjmmissioneis. 
ty, an.! Morgan S. Johnson, of Cook county, be and they 
are ho ; appointed commissioners to lay out and estab- 
lish a si ate road, which shall commence at or near the 
house now owned and occupied of Stephen Brownson, in 
the town of Lisle, county of Du Page, and state of Illinois, 
and tlr i e, in a northeasterly direction, on the nearest and 
best r< '•', to a point where the road leading from iNaper- 
ville to )anby crosses the north and south centre line of 
sectio: 'teen or twenty-two of the town of Milton; thence 
northerly, on or near the half section lines of sections fifteen, 
ten and three of the township of Milton, and sections thir- 
ty-four, twenty-seven, twenty-two, fifteen, ten and three 
of the township of Bloomingdale, to the north line of Du 
Page county; thence northerly, on or near the half section 



1SH3. 198 

lines of sections thirty-four, twenty- seven, twenty- two, 
fifteen, ten and three of the township of Shaumberg ; hence 
northerly on or near the centre lines of the west ha 
tions thirty-three, twenty-eight, twenty-one, si ' • 1, nine 
and four, of the township of Palatine, to the north line of 
Cook county. 

§ 2. Said commissioners shall meet on or before the 
first day of June, one thousand eight hundred and fifty- 
three, at the house of Sherman P. Sedgwick, in the county 
of Du Page, or as soon thereafter as may he practicable, 
and take an oath to perforin the duties required of them by 
this ]a,w, and shall proceed to locate said road, and com- 
plete the same on or before the first day of August next 
ensuing. 

§ 3. Said commissioners shall have power to employ a 
surveyor and such other persons as may be necessary in 
the survey and location of said road, and the compensation 
. all shall be as follows: To each commissioner, one 

dollar and fifty cents per day; to the surveyor, two dol- 
lars per day, and to other persons not to exceed one dollar 
la}', exclusive of incidental expenses. They shall 
an accurate account of the time employed a 
penses incurred, the persons to whom due, ify the 

same to the board of supervisors of each county through 
which paid road shall pass, who shall all 
amount due, in proportion to the fsuch 

road in each county, as certified by said comn 

§ 4. The said commissioners shall return a plat, with 
the courses and distances thereof, to the clerk of tin board 
of supervisors of each county through which said foi .1 shall 
i giving an entire view of the location of said road, 
which shall he filed and record 
evidence in any court of this slate of the Iocs 
■ 

board of supervisors of each county through 
ay have been located, shall, 
m of said hoard held after the location as 
the overseers of highways in .rough 

i is laid out, of the location al 
said board shall cause the same to be on 
to the width of four rods, and kept ii 

§ G. The said commissioners shall notify tie.- o\ ner of 
occupant of, any enclosed lands through which Si I road 
may he located, at the time of said location, and if he said 
own< r or occupant shall not, at the time said notic is giv- 
en, object in writing, and swvv. it upon said comi ission- 
uch owner or occupantshall forever he debarredfroin 
obtaining damages for the same. If the owner or o upant 
object thereto, and cannot agree with the commissioners 
on the amount of damages which the said owner or occu- 






199 



1853. 



pant sustain, it shall be lawful for the said commissioners 
to assess the same in the manner following, to wit : To pro- 
ceed to assess the damages at what they may deem just 
and right to each individual claimant with whom they can- 
not agree, taking into account the advantages and benefits 
the location of said road will confer, as well the disadvan- 
tages. Any person or persons feeling themselves aggrieved 
by such assessments, may, within twenty days from 
time of said assessment, appeal to the county court of 
county in which said land may lie, which decision shall be 
final; and ail damages so assessed by the commissioners or 
adjudicated by the court, shall be paid by the board ofsu-' 
pervisors, out of the treasury of the county; and ail dam- l 
ages assessed by said commissioners shall be by them cer- 
tified to the clerk of the board of supervisors of the proper 
county, unless appealed from, as above provided, and if 
appealed from, then the clerk of the county court shall cer- 
tify to the board of supervisors, as aforesaid, the. amount of 
damages so adjudicated. 

§ 7. Either of the two above named commissioner-: 
shall constitute a board of reviewers, and they may view 
and locate the above named road, and the concurrent acts 
of any two of them shall be held to be in full compliance 
with this act. 

Approved February 12, 1853. 



AN ACT to lay out and construct a stale roail in Cool; conniy 



Section 1. Be it enacted by the people, of the state of 
Illinois, represented in (he General Assembly, That Robert 
S. Wilson, O. J. Rose, John Waughop, llciwy Myers and < 
Thomas Brosnahan be and they are hereby appointi d com- 
missioners to locate and survey a road, to run from a point 
on the South Plank Road, commencing on the state road 
laid out between section thirty- four and section thirty- 
three, running from said plank road where said sections 
reach the same on the northwest corner of said section 
thirty- four, running thence along sections three and four, 
two and eleven, to the Lake Shore road to the Calumet from 
Chicago, and from said Chicago and Indiana or Calumet 
state road, at a point on the same between section two and 
three, to the county road laid out between the Chicago 
and Vincennes state road and said Chiengo and Calumet or 
Chicago and Indiana state road; and that upon survey and 



1853. 200 

viewing of said road that the commissioners of townships 
in which said road is laid out be and are hereby required 
to work the same according to law. 

Said act to take effect from and after its passage. 

Approved February 12, 1853. 



AN ACT to provide for reducing- the state debt. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That any 
unappropriated and surplus funds in the treasury, or which 
may hereafter be received from any sources of revenue, or 
from the sale of state lands or other property, shall be ap- 
plied and used in the purchase of the indebtedness of the 
state bearing interest, except such indebtedness as may 
not have been fully recognized by the laws of the state, in 
the manner and upon the terms herein provided. 

§ 2. Upon the requisitions of the governor, the auditor 
shall from time to time issue warrants upon the treasury 
for sums not exceeding thirty thousand dollars, of the funds 
referred to in the foregoing section, to be used in the pur- 
chase of state indebtedness of the description aforesaid ; 
and the governor is hereby vested with power to use and 
apply the funds aforesaid in the purchase of state indebted- 
ness, of the description aforesaid, at the lowest price or 
least sum for which the same can be obtained, and lie is 
also vested with power to use all lawful ways and means in 
the executing the provisions of this act. 
to me § 3. Upon the investment of such sum of thirty thou- 
sand dollars, received as aforesaid, the governor shall make 
out duplicate statements of the indebtedness purcl 
setting forth the proper description of such indebtei 
the name of the person from whom it was purchased, and 
the. amount paid for each bond or certificate, and the total 
amount invested; one of which statements shall be filed 
with the state treasurer, and the other with the auditor of 
public accounts. 

§ 4. The said indebtedness so purchased shall be can- 
ceiled by the governor and delivered to the auditor at the 
time of filing the statement aforesaid ; and the auditor shall 
indorse on the face of each bond or certificate the words 
"paid out of the surplus revenue,'' and sign his name 
thereto; and said indebtedness shall then be registered by 
him in a proper book kept for that purpose, and then filed 
with the treasurer, who shall enter the proper credit, with 
the cost thereof: Provided, that in no case after the issu- 



v.-itl, 






201 1853. 

ing of the warrants for the first thirty thousand dollars, as 
provid. ■ for by this act, shall the auditor issue warrants for 
any addil ional sum until the requirements of this section arc 
mplied with, to the end that a greater sum than 
thirty usand dollars shall at no one time be paid out and 
remain unaccounted for. 

This act shall take effect from and after its approval by 
the governor. 

Approved February 12, 1853. 



AN ACT to amend the net entitled "An act to amend Hie law condemning in force Fob. 12, 
tf the ri< T ht of way for purposes of internal improvement," approved June i£53. 

22, 1 

Section 1. Be it enaciedby the people of the state <>j Ill- 
nuns, n presented in.the General Jlsseinhly, That when any 
canal, railroad, turnpike road, or other work of internal Seh001 section - 
improvement, authorized to be constructed by any law of 
this state, with power, by law, to condemn land for road- 
way or other purposes connected with such work of inter- 
nal im irovement, shall in its route pass over or be located 
upon section sixteen (16,) in any township not organized, 
such c mpany shall have power to condemn so much of said 
section for the purposes set forth in their petition, whether 
for road- way, track, depots, stations, or other purpose as 
may be necessary, not exceeding for road-way and track 
two lit' idred feet in width, and for depots, stations, &c, not 
exceei I n acres ; and notice of the application for the 

appointment of commissioners to fix compensation and as- commissioned to 
sess damages, shall be sufficient if served upon the school asLess damaBes * 
commissioner of the county in which such section is situated, 
in th< manner prescribed by the act to which this is an 
amend:, it; aid the damages assessed or compensation 
allowi hall be paid into the school fund of the proper 
count), for the use of the inhabitants of the township in 
which such sixteenth section may be situated, and to be 
paid over to the treasurer of the same, when such town- 
ship may be organized. 

Thi • act to be in force and take effect from and after its 
passa 

Api : . ■, ed February 12, 1853. 



1853. 202 

AN ACT to create the town of Gold, in the counl . i 

. Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, fhat the 
town of Gold, in the county of Bureau, heretofoi « attached 
to and forming a part of the town of Fairfield, in ■ ' coun- 
ty, is hereby constituted a town, with ail the pri, s and 
powers of other towns in said county. 

§ 2. This act to be in force and effect from tnd after 
its passage. 

Approved February 12, 1853. 



m force Feb. 12, AN ACT to amend an act. to provide for the construction of • 
i^ 53 - general laws and the several laws amendatory t! 

Section 1. Be it enacted by the people, of the slate of 
Illinois, represented in the General Assembly, 
Forfeitamountof stockholders of plank road companies, formed under the 
to° C pay assess- acts to which this is an amendment, shall be liable to pay 
ments * all calls or assessments made upon them until their, whole 

capital stock is paid, upon notice being given as quired 
by said act, and that upon default in the paymenl < ? such 
calls, the directors are authorized to sue for and Sect, in 
the name of such company, of such stockholders, . mount 
of such calls, or to cause the said stock of sue 
ers to be forfeited, under the provisions of said. ; i they 

may in their judgment elect. 

§ 2. Companies formed under the acts to which this is 
an amendment may proceed to obtain the right of way for 
their said road under an act entitled "An act to n lend the 
law condemning the right of way for pur; ternal 

improvement," passed June 22, 1852, and to a 
damages occasioned thereby, under the provis 
said act. The directors of such roads, also, in their dis- 
cretion, shall have the power to incre 
of such company from time to time, as the . 
cessary. 

^ 3. This act shall take effect from an pas* 

Approved February 12, 1853. 



203 1.853. 

SN ACT to amend chanter 30 of the Revised Statutes, entitled "Big4m 

Section 1. Be it enacted by the people of the stat 
Illinois, represented in the General •Assembly, That in t 
for bigamy the proof of the fact, of either marriage shall no1 ' fof mar " ; 
be otherwise made than by the legitimate record evi 
of such marriage, and the parol testimony of a 
persons who were present at the celebration of such mar- 
riage, anything in the 121 section of chapter 30 of th 
vised Statutes to the contrary notwithstanding : 1 
this act shall not be so construed as to exclude the ne< 
sary parol proof to identify the person of the accused wi 
the record evidence in any case. 

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

Approved February 8, 1853. 



AX ACT to remedy a defect in th 5 laws in relation to elections in the . > Feb. 12, 

of North Chicago, South Chicago, and West Chicago. 1S53. 

Section 1. Be it enacted by the people of the stat 
Illinois, represented in the General Assembly, That i 
and every ward of the city of Chicago shall constitute t'n precincts, 

election precinct, and the judges of election, and the pis 
of holding elections therein, for state and county offic< 
shall be appointed by the common council of said city, in □ 
the same manner that inspectors and judges of city 
tions are appointed ; and so much and such parts of 
respective towns of North Chicago, West Chicago and 
South Chicago as are not included in any ward of said . 
if any, shall respectively constitute election precinct 
be styled respectively North Chicago precinct, South Chi- 
cago precinct and West Chicago prec:nct„and the judg< 
elections, and respective places of holding elections there- 
in, shall be appointed by the board of supervisors of ( 
county : Provided^ that there shall be but one plac 
holding elections in each of said precincts. All electi 
for state and county officers in said wards and precii 
shall be conducted, and returns thereof made to the c< 
clerk, as provided by the law regulating state and coi 
elections. 

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

Approved February 12, 1853. 



1853. 



204 



In force Feb. I > ACT to define the boundaries of the town of Rockton, in the county of 
1S53. Winnebago. 

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

Illinois, represented in the General Assembly, That the 

Boundary. t half of section five, and that part of section 6, 7, 18, 

19 and 30, lying east of Rock river, in town forty-six north, 

; two, east of the third principal meridian, are hereby 

ched to and shall form a part of the town of Rockton. 

§ 2. This act shall take effect from and after the first 

day of March next. 

Approved February 11, 1853. 



Comity clerk 
give notice. 



AN ACT to organize the town of Victor, in the county of De Kaib. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly, Tliat^ all 
that part of the county of De Kalb known as township thir- j 
ty-seven, range four east, in the county aforesaid,, be and j 
the same is hereby declared a separate and distinct town- j 
ship, to be designated and known by the name and style of 
the town of Victor. 

§ 2. That the said town of Victor shall be entitled to 
all the rights, privileges and immunities, and exercise all the 
powers, and be subject to the same restrictions, that attach 
to other townships organized in said county, under the act 
providing for township organization. 

i 3. The county clerk of said county of De Kalb shall 
give notice to the inhabitants of the said town of Victory 
giving into the hands of the sheriff of said county three 
written or printed notices, to be posted up in three public 
places in said town of Victor by said sheriff, at least fifteen 
days previous to' the first Tuesday in April next, desii 

the time and place for holding the first town meeting 
lid town. 
§ 4. It shall be the duty of the clerk of the county 
court of said county, to register the name and boundaries 
tid town of Victor in the records provided for that pur- 
pose. 
part of the towi. § 5. And be it J 'it r ' ', That section one, and the 

of Amboysetoff. uoyi \ l half of section twelve, in the town of Amboy, in Lee 
;ty, be and the same is hereby set off to and shall com- 
pose a part of Lee Centre Town, in said county. 

j 6. This act to take effect and be in force from and 
after its passage. 

Approved February 14, 1853. 



205 1853. 

AN ACT to relocate a state road in Kendall county. ' ' 1853. 

Section 1. Be it enacted by the -people of the sti 
Illinois, represented in the General Assembly, That 
inson Doty, John W, Chapman and Jeremiah J. Co] 
Kendall count}, be appointed commissioners to makt 
relocate the state road 1'rom Oswego, in said county, b; 
bridge at Morris Hadden's, to Little Rock, in said coi 
the same width as the other, seeking the most eligible land 
and route for said road. 

§ 2. The said commissioners shall, or a majority cf Tjmeet - 
them, meet at Oswego, on the first Monday of April, l! 
and take an oath before some justice of the peace to ob- Take oatl1 - 
serve the public good in the relocation of said road, 
shalHhen, or soon thereafter, proceed to relocate said road 
in six months; and when done they shall receive their 
not exceeding & 1 50 per day, out of the county treasury. Dmpecsatior 
And when said road is relocated the overseers over v 
the road runs shall in sixty days thereafter open said 
and work it the same as all others are worked. 



The said commissioners shall, on the application 



Assess damages. 



any one feeling himself aggrieved by such relocation, as 

the damages, if any; and such damages shall be pa; 

the certificate of said commissioners, or a majority of them, 

out of the county treasury ; but if any person shall mty treasury. 

himself aggrieved or damaged by such assessment, lie i 1 

on filing his request with the clerk of the circuit court, ; 

an appeal to said court; and upon filing such notice • ■■'-.■. t y0 f clerk. 

the clerk he shall issue a notice to one of said commis 

ers of such appeal, who may appearand contest the amount pea i. 

oi damages before said court, by a jury or otherwise : 

vi:/cd, if such appellant shall not increase the damages 

court shall give judgment against him for all the cost: 

provided further, such judgment in said court shall \ ■■■■' ;rthor P rov; ^- 

final. 

§ 4. In case the damages assessed shall be increas men t. 

the circuit court, the court shall give judgment accord 
ly against the county, to be paid out of the county treasi 

§ 5. When an appeal is taken, as by this act, the cl !ei Tkofcircuit 
shall docket the cause in the name of the county and 
party appealing, and shall issue his notice, which shall, in 
order to be tried, be served on one of the commissi.' 
ten days before the sitting of the court : Provided, 
county may have an appeal to said court, when the co 
judge shall believe the damages assessed too high ; ai 
shall be tried as any other appeal. 

§ 6. If one or more of said commissioners shall die or m> 
refuse to act, others shall be appointed by the county ju 
or if they, or a majority of them, cannot meet on the 



1852. 206 

lay of April, 1853, they may meet on the second or 
I Monday of said month, and proceed to do the duties 
red by this act. 
Approved February 10, 1853. 



I L.N ACT to abolish the town of Trenton, in Will county, and to erect the 1 

1853. towns of Manhattan and Green Garden. 

Section 1. Be it enacted by the people of the. state of 
Is, represented in the General Assembly ', That from 
i-- 1 ; ^ fter the first day of April, 1853, the town of Trenton, 

iu Will county, shall be and the same is hereby abolished ; 
and all that part of said town now included in congression- 
al township thirty-four (34) north, range eleven (11) east, 
x^m or mm and the same is constituted and created a town, and 

tamed Manhattan ; and all that part of said town of Tren- 
ow included in congressional township thirty-four (34) 
north, range twelve (12) east, be and the same is hereby 
Town ot or constituted and created a town, and named Green Garden, 
Garden create lrom an{ } a ft e r the said first day of April, 1853. 
nights, &c. § 2. Each of said towns shall possess and enjoy all the 

rights, privileges and immunities belonging to other towns, 
and be subject to the same liabilities. 
i; .. § 3. The passage of this act shall in no wise effect the 

tenure or duration of any officer elected for said town oi 
Trenton; but all such officers shall continue in office the 
same as if this act had not been passed, and shall exercise 
the duties of their said office in the town where, by this 
act, they may be located, for the time they were elected j 
and qualified, and until their successors are elected and! 
qualified. 
Duj f ( § 4. It shall be the duty of the town clerk of said town 

cierk. of Trenton to designate the place for holding the annual 

town meeting in April next, in each of said towns of Man- 
hattan and Green Garden, and to post up written notices 
thereof in at least three public places in each of said con- 
gressional townships, on or before the fifteenth day of 
March next. 

This act shall take effect on the first day of April next. 
Approved February 10, 1853. 



207 1S53. 

AN AC relocate a portion of the state road leading from Peru to Galena. i» force Feb. 10, 

! 1S53. 

Sect n 1. Be it enacted by the people of the state of 
Iltino/ . represented in the General Assembly, That Elijah 
Hank, D uiiel Harley and Jacob Helsinger be and they are commissioner?, 
hereb; appointed commissioners to relocate so much of the 
state road leading from Pern to Galena as lies between the 
west line of Ogle county and the north line of Carroll 
count}, having due regard to private property. 

§ 2. That said commissioners shall meet on or before to meet, 
the fir: lay of June next after the passage of this bill, or 
as soon thereafter as possible, at the town of Mt. Carroll, 
and take an oath before some justice of the peace of saidTaiceoath. 
Carroll county well and truly to perform the duties re- 
quired of them by this act. 

§ 3. When said commissioners shall have reviewed the To aiepiat. 
said ground, and shall have relocated said road, it shall be 
their duty to make out a plat of the road so relocated, and 
lay said plat before the board of supervisors of said Carroll 
county, as soon as practicable after the completion of the 
same ; and the road so relocated is hereby declared the 
state [ road,] and so much of the old road affected by said 
relocation is hereby vacated. 

§ That the board of supervisors of the county of Carroll Compensation. 
shall cause to be paid to said commissioners a reasonable 
compensation for their services in relocating said road, out 
of the county treasury of said county. 

§ 5. The said plat shall be evidence hereafter in all the riat evidence, 
courts of the state ; and it shall be the duty of the clerk of 
the county court of said Carroll county to record said plat 
in the records of his office. 

Approved February 10, 1853. 



AN ACT to relocate a certain state road in the county of Iroquoif. l 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Isaac 
Courtright, Sanford R. Clagett and Joseph Thomas be and' 
they are hereby appointed commissioners to review and re- 
locate so much of the Vincennes and Chicago state road 
as lies north of the Iroquois river and south of Beaver 
creek, in the county of Iroquois. Said commissioners, or 
two of them, shall, at any convenient time after the passage 
of this act, proceed to review, relocate and open said road, 
and cause a plat of the same to be made and recorded in Plat to bc flled - 
the county clerk's office of the county of Iroquois ; after 



CommitMcnt'i'S 



185:5. 208 

which said road shall be deemed a public highwa , as other 
state roads — the county to pay the expense of sail reloca- 
tion. And said C( mmissioners are hereby authorized to re- 
locate so much of a certain state road as lies soi th of the 
Iroquois river, that commences at the state line between 
Illinois and Indiana, and ranning northwest t< 
Galena, and report the same as in the above reel d act. 
Approved February 12, lb53. 



'" force Feb. 10, AX ACT !o relocate a portion of a state road therein n 

1852. 

Skction 1. Be it enacted by the people of 
Illinois, represented in the General Assembly, Thai Richard 

commissioners. H. Nelson, William H. Graves, and Hardin II. Elmore be 
and they are hereby appointed commissioners to relocate 
so much of the state road leading from Jacksonvill . in Mor- 
gan county, to Vandalia, in Fayette county, as li< etween 
the town of Waverley, in Morgan county, and the I I icoupin 
county line; said relocation to be made as follow i, to wit: 
Beginning at the town of Waverley, thence, running the 
nearest and best route, to the northeast corner of the west 
half of the northeast quarter of section 'thirteen ''13,) in 
township thirteen ( 13) north, of range eight west oi the third 
principal meridian; thence north one-half mile, thence east 
one-haif mile, thence south one-half mile, thence east, 
across three eighty acre tracts of land and one-half of an 
eighty acre tract, and south one mile, and thence, on the 
most eligible route, to the Macoupin county line, at or near 
the Elm Grove. 

to meet. § 2. That said commissioners, or a majority of them, 

shall meet on before the first day of June next ter the 

passage of this bill, or as soon thereafter as possibh , at the 

■ town of Wave.) ley, Morgan county, Illinois, and ake an 

Tak-oath. oath before some justice of the peace of Morgan jounty, 

well and truly to perform the duties required of them by 
this act, and thereupon proceed so to do. 

to fiic piat. § 3. When said commissioners shall have revi wed the 

said ground, and shall have relocated said road, i shall be 
their duty to make out a plat of the road so re!o< id, and 
lay one of them before the county courts of Morgan and 
Sangamon counties respectively, as soon as practicable, 
and the road so relocated is hereby declared ie state 
road, and so much oi the old road affected by sa ; reloca- 
tion is hereby vacated. 

To be evidence. § '*• That said plat, or a certified copy thereoi shall be 
evidence hereafter in all courts in this state ; an it shall 



209 1853 . 



be the duty of the county courts of Morgan and Sangamon 
Counties to record said plats in their records respectively. 

§ 5. That after said plats shall be laid before tl 
county courts of Morgan and Sangamon counties, the said 
a ■ so relocated, shall be opened and kept in repair 
as o er public roads. 

§ 6. That the counties of Morgan and Sangamon shall 
pa\ the expenses incident to the relocation of said road in 
to the length of line of relocation of said road 
I counties respectively. 

. That this act shall take effect from and after its 
| 

loved February 10, 1S53. 



AN ACT to relocate a. part of a state road therein najned. 

Section 1. Be it enacted by the people of the state of 
IMinois, represented in the Gen end Assembly, That Thom- 
as Hatten, George Lanberger and Jedediah Woolley, 2d, Commusio 
be and they are hereby appointed commissioners to review 
and relocate so much of the state road leading from the 
stat - iine, between the state of Illinois and Indiana, to 
Montgomery, Wilmington, Joliet, Geneva, Sycamore, Gait's 
Winnebago, and thence to the north boundary of the 
I ii the direction of Mineral Point, that lies between 

Prairie creek, in township No. thirty-three north, range 
nine, east of the third principal meridian, and the corners 
of township No. thirty-three and thirty-four, of ranges nine 
and ten east, in Will county. 

§ 2. Said commissioners, or two of them, shall meet afromeet. 
Michael Rogers', at Reed's Grove, in Will county, at any 
time before the first day of April next, and proceed to review, 
relocate and open said road, and cause a plat of the same roniepiat. 
to |be made and recorded in the county clerk's office of 
Will county; after which said road shall be deemed and 
use<! as a public highway the same as other state roads. 

§ 3. This act shall be deemed a public act, and take 
effect from and after its passage. 

Approved February 14, 1853. 
14 



1853. 210 

Feb. i : ACT to prevent swine a?d sheep from running at large ' 

i " : - county, and for establishing and maintaining pounds in said c 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly ; That it shall 
swine ot s^eepnot be lawful for the owner or owners of any swine or 
: :' e.° ,u " at sheep to suffer the same to run at large in said county : 
Provided, a majority of all the legal voters, voting for or 
against, at any general election in said county, shall vote 
against such swine or sheep running at large, and the le- 
gal voters of said county are hereby authorized to vote 
upon said question at any general* election hereafter to be 
hold en in said county. 

§ 2. If any swine or sheep shall be found running at 
large without being in custody or care of the owner or ow- 
ners, their agents or servants, at any time after a majority 
of the legal voters, as aforesaid, shall have voted against 
the same, according to the provisions of the foregoing sec- 
tion, the owner or owners shall be liable to any fine or 
charges imposed by this act. 

pound master. § 3- There shall be elected in each precinct of said 

county, by the legal voters thereof, in the same manner 
and at the same time that justices of the peace are elected, 
and who shall hold their office for the same term of years 
as justice of the peace, a pound master for each of said 
precincts, whose duty it shall be to enforce the provisions 
of this act by taking up and receiving from others all swine 
or sheep found running at large contrary to the provisions 
of the foregoing act, in each precinct, and place the same 

public pound, in a public pound, and safely keep the same, furnishing 
such swine and sheep with suitable food and drink until 
the owner or owners may apply for the same, or until they 
are otherwise disposed of according to the provisions of 
this act. On application of the owner or owners of any 
such swine or sheep, the said pound master shall deliver up 

ProviB0 . the same: Provided, the owner or owners shall first pay 

said pound master his legal charges for the taking up, re- 
ceiving and keeping the same, according to the provisions 
of this act. Said pound master shall be entitled to receive 
ati'on. one dollar on each lot of swine or sheep that he may re- 
ceive into said pound, and ten cents a day for keeping each 
swine, and five cents a day for each sheep, so long as they 
they remain in said pound, and the owner shall not be en- 
titled to receive the same until he shall first pay said 

p«y damages. charges, together with twenty-five cents for the benefit of 
the taker up, all of which shall be paid into the hands of 
the pound master. 

§ 4. It shall be the dutj of every such pound nan-: 

impou 



211 1S53. 

clnct, within twenty- four hours after the same sliall have 
been impounded, and shall state in said notice that if such 
animal or animals shall not be claimed within ten days and 
taken away, the same will be sold by him at public auction To be 
to pay legal charges, at which time said pound master is 
authorized to sell the same according to such notice, and 
after paying all charges given by this act out of the pro- 
ceeds of such sale, he shall refund the overplus, it any, to 
the owner or owners of any such animal so sold, if called 
for within one year, if not at the expiration of that time, 
he shall pay the same to the school commissioners of saidsch . 
county, for the use of schools of such precinct where such 
animals may be so taken up and sold. 

§ 5. The county court of said county may make such county Cl „ ir; , 
provisions for providing for or erecting pounds in the sev- e «ct pound, 
era! precincts of said county as they may deem expedient, 
and may also authorize a vote to be taken upon the ratifi- Vote tob; , take; , 
cation of this act, at any general election in said county; 
and if a majority of the legal voters, voting for or against 
this act, vote for the same at any such election, then this 
act shall be in full force from and after such election. 

§ 6. Any other county in the state, which has not 
adopted the township organization law, may adopt the pro- C aaopt? S '^ 
visions of this act by vote of the county as above provided, 
at any regular election, whenever the county court of said 
county may order a vote to be taken upon the question. 

Approved February 10, 1853. 



AN ACT in relation to certain records in Crawford county. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
clerk of the circuit court of Crawford county be and he is Authorize 
hereby authorized to copy into new books the following re- tocopy rocordf 
cords of his said office, to wit: The record of transcripts, 
record of certificate of purchase, execution docket " A," 
and the general index of the record of deeds;" which 
books, so copied, shall be evidence; and copies from said Tobe , 
books shall be received in evidence in the same manner as 
copies of the original records ; also, that he make out in 
a suitable book provided for that purpose a general index ProvUo- 
of the court journals of said office; for which he shall be 
allowed eight cents for every one hundred words for said Con)pei , E „. m< 
transcribing; to be paid out of the county treasury of said 
county, upon the affidavit of said clerk. 

§ 3. This act shall take effect and be in force from and 
. 

11, 1853. 



ISaJ. 



10, AN ACT for Iran scribing certain records in Coles county. 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Jlssembhj, Thai for & 
aw the preservation of the records of the sales of lands and I 
iv- town lots sold for taxes in Coles county, prior to the 10th 1 
day of June, A. D. 1850, and also the records of wills, bonds, 
letters, inventories, appraisement and sale bills of the pro- 
bate court of said county, from record " B" back to the 
organization of said county, that William D. Latshaw, oi' 
Charleston, in said county, is hereby authorized and re- I 
quired, by himself or his authorized deputy or deputies, to j 
transcribe said records into well bound books, to be fur- 
nished by the county court of said county, and for that pur- 
pose shall have access to all the public records of said 
county. 
-ai- § 2. When said records have been fully transcribed, as 
aforesaid, the same shall become and constitute a portion 
of the records of said court, and shall be as valid in law as 
if originally recorded in the same. 

§ 3. That the said William D. Latshaw shall be allow- 
ed as a compensation for performing the duties requiri 

under this act, for every one hundred words and fig- 
ures, in transcribing probate records, eight cents ; and for j 
each tract of land and town lot transcribed, five cents ; to 
be paid out of the county treasury from time to time, as the j 
the said transcribing progn i s. 
, a . § 4. It shall be the duty of the judge of the coi y 
court of sa . , within tl s alter the trans- 

cribing of ite records aforesaid shall have been 

completed, to carefully compare the same, in open court,.; 
with the original records, (making corrections, if any be ; 
necessary,) and certify the same, under his signature, as 
being a true and perfect transcript of said records, a i eri- 
d ; and the said judge, having associated to 
■if one or b f the county justices of the peace of 1 

said county, shall, in like manner, examine and compare. 
the transcript of the tax sales with the original records, and 
certify the same, under their signatures, as being a true 
and perfect transcript of the ss aid, as originally 

recorded. 

§ 5. This act to be in effect from and after the 14th 
February, 1853. 

Approved February 10, 1853. 



213 1853. 

AN" ACT to vacate parts of a certain state road therein named. In fore- l<"eD. 



1S33. 



Section 1. Be it enacted hy the people of the st 
tttirwis, represented in the General Assembly^ The 
Iriti ■ . of the stale road known as the Sycamore and stated 
line state road as runs from the south lines of sections 
twenty-three and twenty-four north, to the east and west 
half section line of section two, in the town of Durham, in 
tite county of McHenry, be and the same is hereby vacated. 

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

Approved February 11, 1853. 



AX ACT (o relocate the county seat of Saline cc i i i :i force P< 

1853. 

Section 1. Be it enacted bp the people of the state of 
Illinois, represented in (he General Assembly , That on the 
first Monday irf May, in the year of our Lord one thousand • — i 
light hundred and fifty-three, an election shall be held in 
the county of Saline, in the state of Illinois, at the usual 
place of holding elections, for the purpose of determining 
whether or not the present seat o'i justice of said county 
shali be removed and relocated. 

§ 2 " The judges and clerks of election shall attend ori Judgm a*i 
the day of election, and conduct said election according to 
the election laws of this state ; and all legal voters of°the 
county of Saline shall be entitled to vote 'at said election 
for the removal of the seat of justice of said county of Sa- 
line to some central and suitable point within said county, 
or in favor of said seat of justice remaining at Raleigh, as 
now located. ° 

§ 3. The clerk of said county shall give notice as in .>.;... 
other cases of election, and the judges and clerks of said" 
election shall make returns of the same in the manner and 
time now prescribed by law in regard to other elections in 
this state. 

§ 4. When the returns shall have been made to the , 
clerk of the county court of said- county of Saline, he shall 
proceeds open and count the votes given for the reloca- 
tion of the said seat of justice, and also the votes given for 
retaining the seat of justice at Raleigh; and the opening 
and counting of said votes shall be in accordance with thZ 
laws regulating the opening and counting the v otes of el - 
tions in this state ; and if a majority of all the votes given 
for and against the removal and relocation of said county 
seat, and in favor of its location at s ime central point of 
said county, then the point which shall be selected by the 
commissioners hereinafter appointed shall be and remain 
the permanent seat of justice of Saline. 



1853. 214 






iiinty property 



§5. If a majority of said votes shall be given for the re- 
location of said count)' seat as aforesaid, then John J. Da- 
vis, of Williamson count)-, Alexander Jenkins, of Pope 
county, and William Vineyard, of Hardin county, shall be 
and they are hereby appointed commissioners to select and 
locate said seat of justice at some eligible point, as near 
the geographical centre of said county of Saline as ttie na- 
ture of the ground will allow : Provided, that the o 
or owners of the land so selected shall release and convey 
all his or their right and title to said land to said county. 

§ 6. After such selection shall have been made as 
aforesaid, the county court of the said county of Saline are 
authorize.?, and it is hereby made their duty to procure the 
erection of suitable public buildings for the holding of 
courts and for the public offices of said county; and when 
such arrangements shall have been made, the records of 
said county shall be removed from Raleigh to the new 
county seat. 

§ 7. It shall be the duty of the county court of said 
county of Saline, in case the seat of justice of said county 
shall be removed under the provisions of this act, within 
as short a time as practicable after such removal, to pro- 
ceed to sell the lot or lots of ground, with the public build- 
ings thereon, situated in the town of Raleigh, and belong- 
ing to the said county of Saline, either at private or pub- 
lic sale, and upon such terms as the said court shall deem 
expedient: Provided, that if the said premises shall be ex- 
posed at public auction, four weeks' notice of the time and 
place of such sale shall be given by publication in the nearest 
newspaper and by posting up written notices in four of the 
most public places in the said county of Saline. 

§ 8. The county judge of said county of Saline is here- 
by authorized to execute a deed or deeds to the purchas- 
er or purchasers of said premises, which when duly ac- 
knowledged and recorded according to law, [shall] con- 
vey to the said purchaser'or purchasers all the right and 
title of the said county of Saline in and to the said premises. 

§ 9. The commissioners appointed under this act shall 
receive such compensation for their services as the county 
court of said county of Saline shall deem just and right. 

§ 10. This act shall be deemed a public act, and shall be 
in force from and after its passage. 

Approved February 10, 1853. 



215 1853. 

AN ACT requiring druggists, and all persons dealing in medicines, to label In force Feb. 12, 

all medicines by them sold. 1 " ,;; - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That all 
druggists, and other persons selling medicines at retail, to label medietas 
shall bo required to place upon each bottle, vial or pack- 
age by them sold, a label, with the name of the medicine 
which such bottle, vial or package contains, written or 
printed thereon. 

§ 2. Any person who shall violate the provisions of the F ..... 
foregoing act, shall be subject to a fine of not less than one 
nor exceeding five dollars, to be recorded [recovered] be- 
fore any justice of the peace in an action of debt : Pro- 
vided, that the provisions of this act shall not apply to phy- 
sicians in their "practice. 

Approved February 12, 1S53. 



AN ACT !o provide for the sale of the estates of insane persons. i,, :,,, • ■ Feb, 

1853. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General •Assembly, That when- 
ever it shall become necessary to sell the real estate of petition cu 
idiots, lunatics or distracted persons, for the purpose of c " u 
paying debts, supporting a family or educating children, 
or when it shall be deemed proper to make such sale for 
the purpose of investing the proceeds in real estate, the 
conservator shall petition the circuit court of the county in 
which he was appointed, or in which the parties to the pro- 
ceeding, or a part of them, reside, asking that an order on 
orders be made authorizing such sale. 

§ 2. The petition aforesaid shall set forth and state the ;,..,,. .. ,., 
reasons why, and the purposes for which a sale of real es- '-• '•' ■'• ■ 
tate is deemed necessary or proper, and shall be accom- 
panied by an inventory or descriptive list of all the real 
estate owned or possessed by such idiot, lunatic or distrac- 
ted person, together with a statement of the accounts of 
the conservator, showing the disposition of the money, 
property or effects which may have come to his hands, set- 
ting forth also the names of all persons who would be in- 
terested in the estate, in case of the death and intestacy 
of the owner thereof, all of whom shall be made parties to 
the proceeding. 

§ 3. Upon the filing of the petition aforesaid, a sum- summon*. 
mons shall be issued against the persons made parties as 
aforesaid, and which shall be served as in cases of chancery. 
And in case any of said parties cannot be found, or reside publication. 



1S53. £16 

out of the state, they shall be notified of the proceeding by 
publication, as in proceedings in chancery against non-i 
dents. 
i be § 4. The court shall appoint guardians - 

fant parties, when no guardians shall appear, and also 
any and all orders necessary to bring parties and 

to a proper and speedy disposition of the petition in a man- 
ner consistent with tiie facts and i ties 
interested, directly or indirectly, in the estate to be affec- 
ted. 
court to deter- § 5. When all parties as aforesaid shall have been no- 
tified of the proceeding, the court, upon the hearing of the 
petition, the objections thereto, if any are interposi 
all facts with respect to the matter thereof, shall, in the ex- 
ercise of a sound discretion, make such order or orders as 
may appear necessary and proper to execute the provi- 
sions of this act, and to supply conservators and families of 
idiots, lunatics and distracted persons with means to be 
used for the purposes herein expressed. 
order of sale. § 6. Orders of sale made by court shall describe the 
property to be sold, and specify the terms of Sale, and di- 
rect the application or use of the money; and power is 
hereby vested in said courts to make any and all orders 
necessary to the security and proper application of the mo- 
neys in the hands of conservators. 

7- Conservators appointed in foreign states may avail 
themselves of the provisions of this act by hung a copy ot 
their appointment with the clerk of the circuit con 
giving security for costs, and by furnishing 
evidence that they have given adequate and sufficienl se- 
curity for the laithful and proper application of the funds 
arising from the sale. 

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

Approved February 12, 185:*. 



u\. ATs T ACT autli ces of the town of 

to levy a special tax. 

Suction 1. Be it enacted by the people of i 
Illinois, represented in the General Jlssemb.lt/, Tl 
president and trustees of the town of Chester 
authorized to levy a J - fur the improvement of the 

; s of said town, nol ng in any year one per 

centum on the assessed value of the real estate i 
town. 

I. Before levying the tax named in the foregoing sec- 
tion, it shall be the duty of the said president and tri 



217 



1853. 



to cause notice to be giv, n by posting up six notice! 
most public places in said town, that On the day nai 
laid notices, a vote will be taken for or against 1, 
said tax, and it two-thirds of the votes polled be in 
oi levying said tax, then it shall be the duty of ti e 
president and trustees to levy the same and cause ll 
■•levied to be collected as other taxes' of said to- 
collected, and when collected the same shall be set . 
lor and applied to the improvement of the streets as afore- 
said, and to no other purpose whatever. 

§ 3. The said vote shall he taken, and returns mode ir i 
the same manner as the election of president and tru 
ot said town. This act to be in force from and aft 
passage. 

Approved February 10, 1853. 



AN ACT to amend (he criminal code. 



' : rcl ims. 



Section 1. Be il enacted bjj the people of the 
fimois, represented in the General Assembly, If any , 
or persons shall wilfully and maliciously displace or re, 
any switch, signal or rail of any railroad, or shall I 
down rip up, injure or destroy, any railroad track or 
road bridge, or any portion thereof, or place any ohs 
tion whatever on any such rail or railroad track, or bri 
or switch or place any false signal upon or along the 
ol any railroad track, with intent that any person or 
perty being or passing on and over said railroad si 
be injured thereby, every such person so offending, 
conviction thereof, shall be punished by imprisomnei 
the state penitentiary not less than one year and nol 
ceedmg live years. 

§ 2. If any person or persons shall wilfully and i 
diously displace or remove any switch, signal, or. 

?nyrai ^ad, or shall break. down, rip up, injure or d 
any railroad track or railroad bridge, or any portion I 
|f, or place any obstruction whatever on any such 
railroad track, or bridge, or switch, or piace any fa' 
gal upon or along the line of any railroad track, with 
that any person or property being or passing on and 
said railroad, should be injured thereby, and in conseqi 
ot any such act done with the intent aforesaid, any p 
being orpass.ng on and over sa.d railroad shall act 
•Ufter any bodily harm, or any property shall be inju 
every such person so offending shall, upon convict* 



. - 

..laoin^-. 



1853. 218 

thereof, be punished by imprisonment in the state peniten- 
tiary for a term not less three years, nor exceeding ten 
years, 
penalty for re- § 3. If any person shall wilfully and maliciously displace 
moving. or remove an y ra il W ay switch, signal or rail of any rail- 

road, or shall break down, rip up, injure or destroy any 
railroad track or railroad bridge, or fence, or any portion 
thereof, or place any obstruction whatever on any such 
rail, switch, railroad track or bridge, or shall do or cause 
to be done any act or acts whatever, whereby any engine, 
machine or structure, or any matter or thing thereto ap- 
pertaining, shall be stopped, obstructed, impaired, weak- 
ened, injured or destroyed, with intent that any person or 
property passing on and over said railroad should be in- 
jured thereby, and if ia consequence of such act done with 
intent aforesaid any person is killed, or the life of :my 
person is lost, every person so offending shall be deemed 
guilty of murder, and upon conviction thereof shall be pun- 
ished accordingly. 

Approved February 11, 1853. 



i rorce Feb. 12, AN ACT to legalize the assessment and sale of lands and (own lots in Ma- 
1853. coupin count3 r , for the taxes due thereon for the year 1851. 

Section 1. Beit enacted by the people of the slate of 
Illinois, represented in the General Jfssembly, That the 
messment ic- assessment of property made in and for the county of Ma- 
gaiized. coupin for the year 1851, be and the same is hereby legal- 

ized and declared valid, to all intents and purposes. 
de _ § 2. The judgment of the county court of Macoupin 
1:1 and county of the December term thereof, 1S52, and the sale' 
made by William M. Snow, late sheriff and collector of 
said county, of the lands and town lots described in said 
judgment for the taxes due upon the same for the year 1851, 
be and the same is hereby declared legal and valid, to all 
intents and purposes as if the said judgment had been ren- 
dered at the proper time, by the proper court, and the re- 
port of delinquent lands and tiie sale thereof had been made 
at the proper time and by the proper officer. 
Approved February 12, 1853. 



219 1853. 

AN ACT appropriating fines, penalties and forfeitures incurred within {lie In force Feb. 38] 

limits of the city of Alton. 1853 - 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the. General Jhsembhi, That all Fines- and ft»rfei*< 

a J r » ■■ a II u 1 1 j. J ? 1 j. ■ ures t0 be pald 

fines and forfeitures which may bo collected lor penalties miocity treasu- 
incurred within the limits of the cit) of Alton, for a viola- 1: " 
tion of any of the provisions of the act of the general 
assembly of the state of Illinois, entitled "An aCtto prohibit 
the retailing of intoxicating drinks," approved February 
1st, 1851, shall be paid into the treasury of the city of 
Alton, by the officers collecting them. 
Approved February 12, 1853. 



ATC ACT to authorize St. Clair county to issue bonds. 

In force Feb. 10, 

Section I. Be it enacted by the people of the state of 1853- 
Illinois, represented in the General Assembly, That the 
county court of St. Clair county are hereby authorized 
and required to issue county bonds of one hundred dollars Issme bonds " 
each, which in all shall not amount to more than fifty thous- 
and dollars. Said bonds shall ne made payable on or before 
the expiration of thirty years from the time they are issu- 
ed, bearing an annual inteiest not to exceed ten per cent. 
Said bonds shall not be sold below the par value thereof, Kate of interest, 
and always receivable for taxes or other dues to the county. 
Said bonds shall be sealed, signed by the judge of the 
county court, and countersigned by the clerk of said 
court, and the interest of said bonds shall be paid punctu- 
ally each and every year, in the city of Belleville, to the 
owner or owners thereof. 

§ 2. The faith and credit of the county of St. Clair, all 
the taxes collected of the county, and all the public pro- Property pledged 
perty of said county, are hereby pledged and made ac- forpayment. 
countable for the payment of the principal and interest of 
said bonds. 

§ 3. The county court of the county of St. Clair are 
hereby authorized and required to subscribe stock to any 
plank road company which may in their judgment be of subscribe stock. 
public benefit to the county. Said stock shall not exceed 
one-third of the amount of all other subscriptions of stock 
to said company, and shall, in all the subscriptions of stock 
to plank roads, not exceed thirty thousand dollars. The 
amount of stock so subscribed under the provisions of this Amount, 
act shall be paid out of the proceeds of the sale of said 
bonds. 



1853. 



220 



§ 4. The county shall receive the same dividends aris- 

Divide-.ids. i n g from said plank roads, and be under the sai 

sibiiities as other stockholders are, and it shall be I 

swck to be sow. of the county court to sell the county stock in 
roads at a fair price, as soon as said roads or 

ProceedSjhowap _ are in complete operation, and the proceeds apj 

piicd. payment of said bonds, to the amount so paid. 

§ 5. The county court of St. Clair ecu ;, ereby 

buudcourt house authorized and required to erect and build a suitable court 
house on the public square in Belleville, or \ two 

hundred yards from said square. The said co 
authorized and required, if they consider it necessary, to 
purchase for the county a suitable lot or lots, whereon to 
erect said court house, and the amount of mone 
to purchase said lot or lots, and to erect said 
thereon, shall be paid out of the proceeds of 
said bonds ; which amount to erect the courl 

Amount. UQ ^ exceec l twenty thousand dollars. 

§ 6. An election shall be held in St. Clair 

Biection. ^he legal voters of said county, on the fourth 

March next. Said election shall be conduct the 

election law like other elections, and the v< ' iven 

for or against this act ; if a majority of the v 

the act after they are legally counted, then thi: 

be in force from and after said election; if a i y of 

votes be cast against the act, then in that evt 

shall be null and void. 

Approved February 10, 1853. 



in force Feb. 12, AN ACT to appoint commissioners to build a house for the 
1853 - the state of Illinois. 



C.iiuiiii ;.-'.. ■ 



Section 1. Be it enacted by the people of /,' 
Illinois, represented in the General Assembly, 
governor, auditor and treasurer be appointed coi i 
ers, whose duty it shall be, immediately after the 
of this act, to purchase for the state of Illinois 
ground upon which they shall erect a building, I 
cupied by the governor of the state of Illinois 
dence; and the sum of fifteen thousand dollars is 
appropriated out of any money in the treasury 
purpose, subject to be drawn out on the order of tl 
upon the presentation of which order, the aud 
rected to issue his warrant on the treasurer. 

§ 2. When the building shall be completed, or ; 
provision shall be made for the building or pun li 
residence for the governor, the auditor is hereby 



le of 
I the 
uon- 

oc- 
resi- 
reby 
that 
>ard; 
3 di- 

>ther 
of a 

eted 



221 



1853. 



J° T " ;i ,' ran , t ° n ? he *»*""«* ^ favor of said board, Auditor to u 

by them in the purchase of furniture for said wamnl ' 



^ I """'"' vi iiiiimureiorsai 

Ji0n !Um not exceeding three thousand dollars 

id boardmay, if they think it advisable, purchase „..,,.** to 
a r '' ' for the use of the governor; and said board is purcha " a " J 

here ,orized to dispose of, upon the best I 

c ' r -" e aT1 d lot now occupied by the governor, and 

nee executed by the governor of this state 
under t ehons of said hoard of commissioners, shall 

the right, title and interest which the state of 
■ a said premises, and the proceeds of said sale 
n led for the purpose of complying with the 
1 ' t lis act. 

J 4. is act to take effect and be in force from and 

I . . :age. 

d Feb. 12, 1853. 



AN ACT " tt « K n«e for 11 ; the first fifty miles of r n ca Fob , 2 

ihc Illinois Railroad. " j - 

Se« r 1. Be it enacted by tl of the state o? . 

Mint . presented in. the Genera! Assembly, That in 

ty miles of said railroad lying between the cities Time extended, 
ot L, and Bloommgton are finished, completed and 

ia °1 • on ' : ' before the fifteenth day of June, in the 

year ,ord one thousand eight hundred and fifty-three, 

J; lie * ^nois will not claim any forfeiture of the two 

nunrj u and dollars deposited by said compony with 

• of the state, under and by virtue of the fif- 
mn of the act incorporating said company, ap- 

:■ : Feb., A. D. 1851. r J> I 

§ : Persons who have filed claims to lands of said claims. 
com; --. iccordmg to the provisions of the 25th section of 
■ all be allowed, in addition to the time given in 
s:i "' : ' further time of one year within which to make 

• lid lands. 

is act shall not take effect or be in force except 0ertICoate to , a 
upon ..edition that the said company shall, within fif- ««*•" 

n the passage of this act, accept of its provi- 
* i0 ^ ■ -tic'i of their board, a certificate whereof shall 

K i til the secretary of state, under the seal of said 

comp. 

This act to take effect from and after its passage. 
Approved Feb 12, 1853. 



1853. 222 

Info-ce Feb. 12 AN ACT to amend an net entitled "An act to provide for a -cnc;al system 
!S53. ' of railroad incorporations. 1 ' 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That all rail- 
powers. road companies incorporated, or which may be hereafter 

incorporated under the authority of this state, the lines or 
routes of which railroads may connect with or cross each 
other, shall have power to make contracts or arrange- 
ments with each other for the use of each other's engines, 
machinery or cars, as also for the mutual transportation of 
material, merchandise and passengers upon and along the 
lines of each other's roads, upon such terms as maybe mu- 
tually agreed upon between any such corporations. 

Approved February 12, 1853. 



In force Feb. 11, AN ACT to change the location of the Astoria and Lewistown state road. 
1853. and to vacate a part of said read. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
Location changed state road leading from Astoria to Lewistown, in Fulton 
county, shall be so altered as to rnn due south from Main 
street, in said town of Lewistown, until it reaches the 
middle of the southwest quarter of section number twenty- 
seven, in township number five north, of range number 
three, east of the fourth principal meridian, and from thence 
due, west until it intersects said road as now laid out, and 
that all that portion of said road which runs angling across 
any portion of section number twenty-seven, in said town- 
ship, be and hereby is vacated. 

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

Approved February 11,1853. 



AN ACT to establish Bluff Precinct in Monroe county. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That a pre- 
cinct,to be called and known as "Bluff precinct," be and the 
same is hereby established and created in Monroe county, 
Illinois. 

s follows, to wit: commem 



223 



1853. 



ner of section twenty-one, township three south, ftingeten 
west, m said county, thence north to the section line be- 
tween sections twenty-one and twenty-eight, in township 
two south, range ten west, thence north one mile, thence 
due east to the Mississippi bluff, thence southwardly along 
the blufr, with the meanderings thereof, to the road lead- 
ing irom New Design to Ilarrisonville, thence eastwardly 
to the place of beginning. 

§ 3. The inhabitants of said precinct hereby created R i e hts a 
and established shall enjoy all the rights and privileges loges ' 
which the inhabitants of other precincts by law are enti- 
tled to have and enjoy. The first election shall be held at Election, 
-the residence ol Philip Hoffman, senior; at which election 
a poll shall be opened for a vote to determine the place of 
holding all future elections, according to the majority of 
votes cast; the place having the highest number of votes 
to be the place designated. 

§ 4. This act to be in force from and after its passage 
Approved February 11, 1853. 



AN ACT to convey the interest of the state of Illinois in certain lands to In 
St. Clair county. 

Section 1. Be it enacted by the people of the. state of 
Illinois, represented in the General Assembly, That all 
the right, title, interest or claim of the state of Illinois, ac-m- 
quired by virtue of an act of congress entitled "An act to en- e *' 
able the state of Arkansas and other states to reclaim the 
swamp lands within their limits," approved September 
twenty-eighth, one thousand eight hundred and fifty, in and 
?**??, 1 - laiRls in tHe Mississi PPi river within the limits of 
M. Llair county, are hereby transferred, set over and con- 
veyed to the said county. 

5 2. This act to take effect from and after its passao-e. 

Approved February 12, 1853. & 



AN ACT to vest in the board of supervisors of Lee county the control of m forca Fe6 

the swamp and overflowed lands situate therein, and for other purposes. 1853 

Section 1. Be it enacted by the people of the slate of 
•esented in the General . 



1853. 224 

ress entitled » An act to enable the state of Arkan- 
• ,.ther states to reclaim the swamp lands within 
iinits," approved September twenty-eighth, one thou- 
d eight hundred and fifty, as lies in the county of Lee, is 
■eby vested in the board of supervisors of said county, 
I the said board of supervisor, are hereby vested with 
power in relation thereto heretofore given to the 
county court, subject in all respects to the provisions ot 
act entitled "An act to dispose of the swamp and over- 
bed lands, and to pay the expei e lecting and sur- 
incr the same," approved June twenty-second, eighteen 
1 and fifty-two, except as herein otherwise provided. 
5 2. When any part of said swamp or overflowed lands 
I ail not be susceptible of being drained or reclaimed, and 
ill be so reported by the county surveyor or other per- 
n employed by said board, or heretofore by the county 
irt; to survey the same or whenever the said board shall 
of the opinion that any part of the same will not pay tne 
ies of reclaiming or draining, or that the interests of 
unty require that the same should not be drained, 
the said board of supervisors to 
e such part to be sold in the manner provided m said 
of lands by virtue thereof, the proceeds ot 
sale to belong to the several school townships in said 
ty, and" to be divided according to the provisions of 
,n seventeen of said last m abject more- 
to the provisos in said section. 
§ 3. In all cases where any of said lands are over- 
in consequence of the erection of mill-dams, and 
.the said board of supervisors shall deem it to the 
sstof the inhabitants of said county that snen dam 
should not be removed, the said board of supervisors is 
by authorized to sell such tracts of land as herein- 
'- provided, and with such restrictions and agreements 
he maintenance and preservation of such dams, and 
water power created thereby, as to them shall seem 
dient. 
& 4. The said board of supervisors shall have power to 
[ease any of said lands described in the foregoing sections 
two and three, for such length of time and on such terms 
hey shall see fit; the rent of the same to be disposed ot 
as in cases of sales. 

§ 5. This act shall be in force from and after its passage. 
ruary 12, 1853. 



225 



1853. 



AN ACT giving the county court of Washington county the coi,(ro! of the t„ , ,..„ -« „ 
lower rooms in the county jail .f said county. issT. 

^ Section 1. Be it enacted by (tic ■people of the .state of 
Illinois, represented /.•/, the General Assembly, That the 
county court of Washington county he and are hereby au- County court to 
thonzed to take charge, manage and have the entire con- havecontrol - 
trol of the lower rooms in said jail not constructed for 
prison rooms, and the entire management of said rooms 
shall be subject to the order of said court. 

I The county court of said county are hereby au-rr oW scsaiou of 
d to hold sessions of said court in the lower rooms court * 
of their jail, should they see proper so to do ; and all acts 
done and orders made by said court, during any session 
held in said lower rooms in said jail, shall be as binding and 
valid in law as if the said court should hold such session or 
sessions in the court house. 

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

Approved February 11, 1853. 



AN ACT concerning- the records of Massac county. 

* In force Feb. 10, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it shall 

be lawful for the county court of Massac county to e:n- Rrm „ (0 
ploy some suitable person who will do the work the cheapest, tran «*n«cL 
to copy into a well bound book or books, at the expense of 
said county, all deeds, mortgages, bonds, or other writings 
for the conveyance of or relating to lands lying in said 
county, and which deeds, mortgages, bonds, or other 
writings were recorded in the recorders' offices of Johnson 
and Pope counties previous to the organization of said 
Massac county. 

§ 2. The person or persons employed by the county . 
court of Massac county to procure copies as aforesaid, shall ™* ^ 
have full access to the books in the recorders' offices of 
Johnson and Pope counties, for the purpose of making such 
copies, and the recorders of Johnson and Pope counties 
shall carefully compare such copies with the records in his To be c 
office, and if they find them to be correct, they shall make 
a certificate to that effect, under their hands and seals, at Gemote 
the end of each volume of said copies. 

§ 3. At the end of each copy of each deed or other 
wnting copied as aforesaid, the person copying the same U!u,1,c ; ' d f« p 
shall note the volume and page of the record from which 
it is copied. 

15 



<53. 



226 

§ 4. For their services in comparing such copies, the 
recorders of Johnson and Pope counties shall be entitled to 
a compensation not exceeding ten cents for each deed or 
other writing so compared by them, to be paid by Massac 

county. P 

& 5. All copies made, compared and certified as aiore- 
said, and ail transcripts of such copies, certified under the 
hand and official seal of the recorder of said Massac county, 
shall be received and taken in all courts of justice, and 
other places in this state, in as full and ample a manner as 
the records from which they shall be taken: Provided, hoic- 
cver that if any discrepancy or variance shall be found to 
exist between the said copies and the records of Johnson 
and Pop- counties, certified by the recorders thereof to 
be correct, and to have been examined with reference 
to such variance, shall be received as the proper evidence. 

§ 6. This act shall not be so construed as to change or 
effect the existing laws of this state in relation to the ad- 
mission of copies of deeds and other writings as evidence, 
but the same rules of evidence, as to the production of the 
original deeds or writings, shall be pursued as is now pro- 
vided by law. 

5 7. This act to take effect from and after its passage, 
and to be deemed a public act. 

Approved February 10, 1853. 



Appropriated. 



■ ■ N VCT to authorize the county court of Menard county to levy a special 
t a x . 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General Assembly, That the 
, court of Menard county, Illinois, be and the same 
is hereby authorized to levy and collect in the year A. D. 
eighteen hundred and fifty-three, and in each succeeding 
year thereafter, until the object of this act shall have been 
effected, a special tax upon all the property m said county 
liable to taxation, for state and county purposes, at any rate 
per cent, which will not produce in each year an aggregate 
sum of more than three thousand dollars. 

§ 2 The collection of taxes under the provisions ot 
this act shall be enforced in the same manner as is or may 
be provided by the laws of this state for the collection of 
the state revenue, and when collected the same shall be £ 
separate fund in the treasury of said county, and shall be 
appropriated under the orders of the county court of said 
count- in discharging the debts and liabilities incurred by 



1853. 



said county in building a bridge across the Sangamon riv- 
er, near the town of Petersburg, in the year 1S52, and in 
paym mt of the debts owed by said county. 

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

Approved February 12, 1853. 



AN ACT to allow the counties of Lawrence and Richland to collect ^Inforce Feb. 
special tax. 1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
county courts of Lawrence and Richland counties be and special tax. 

:iie are hereby authorized to set apart and collect 
in specie ten cents upon each one hundred dollars' worth 
of property, to be applied to the payment of interest upon 
the bonds which said counties may issue to the Ohio and 
Mississippi Railroad Company. 

Approved February 10, 1853. 



AN ACT in relation to back taxes on certain town lots. In fore? Feb. 12 

1S53. 

Section 1. Be it enacted by the people of the state of 
Il/incis, represented in the General Assembly, That all 
taxes heretofore assessed upon town lots in the town of Taxes reiia- 
Kankakee, in the county of Grundy, which remains unpaid qulaaC( 
by reason of a failure to collect the same by sale of such 
lots, are hereby relinquished, and the clerk of the county Duty of cierit. 
court of Grundy county is hereby authorized to strike all 
such back taxes from the collectors' books of said county. 

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

Approved February 12, 1853. 



1853. 228 

' . to, A.N ACT in relafion to justices of the peace in the township 



i :.jj. 



Whereas the electors of the township of Avon, in the coun- 
ty of Lake, did in the month of February. 1! I i a spe- 
cial town meeting convened for the purpose, elei ; a jus- 
tice of the peace, under and by virtue of an act, ap- 
proved February 26th, 1847, allowing an additional jus- 
tice of the peace and constable for the precinct or elec- 
tion district in which the town oi' Hainesville v. as sit- 
uated; therefore, 
i Section 1. Be it enacted by the people of the stale oj 111-* 
inois, represented in the General Assembly, That the elec- 
tion of said justice of the peace as aforesaid, be and the 
same is hereby declared legal and valid, and the aid jus- 
tice of the peace so elected shall continue in office until 
tire first Tuesday in April, 1854: Provided, he shall con- 
tinue a resident of the county of Lake, and until his suc- 
cessor shall be elected and qualified. 

This act to be in force from and alter its passage. 
Approved February 10, 1853. 



AN ACTlo authorize the auditor of state to file certain reports therein 
5 > named. 

Section 1. Be it enacted by the. people of the state of 
Illinois, represented in the Genera! Assembly, That the 
.estate auditor be and is hereby authorized and required to 
receive and file the October quarterly report for the year 
one thousand eight hundred and fifty-two of the Rock 
Island Bank, and after the said report is filed, then the said 
report shall operate to be considered as filed within the 
time prescribed by law, and the said bank is hereby re- 
leased from all liability or forfeiture by reason of aid re- 
port not having been filed within the time prescribed by 
law, and that he be authorized to file the report required 
to be filed in the month of January, 1853. 

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

Approved February 1, 1853. 



229 



185.' 



AN AT; to authorize the state librarian to repair the libraryfoom. and fori-; ■:,-. v> 
oil, or purposes. is:,:;. 

Section 1. L\ it enacted by the people of the suite of 
Illinois, represented in the General Assembly, That the 
sum i nine hundred dollars be and the same is hereby 
a PP r ' < ; ? fcr tl»e purpose of putting up additional 

sne ^ ' ' ; the library room, and making glass cases in which 
I must valuable works; also for repairing the said 

room and the office of secretary of state, which 
n of money shall be expended under the direction 
ofth retary of state and the auditor is hereby requir- 

ed t< lue his warrant or. the treasurer for said amount, 
said secretary for the purposes aforesaid! 
ict to take effect and be in force from and after its 
pass.i 

Appkoved February 12, 1853. 



AN A mend {he fin enlh chapter of the Revised Statutes, enti- Tn . 

tied <• Judgments and Executions." ' ' ly> . 

Sei noN 1. Be it enacted by the people of the state of 
Mine represented in the General Assembly, That all cer- 
tifica . of purchase executed by sheriffs upon sales un- 
der <•• :'! ms, orders or decrees, shall be filed, recorded 
and ; I for in the same manner as is provided in the 27th 
section of the above entitled act concerning certificates of 
Iev y '' achments or executions from foreign counties. 

§ fn all cases of redemption of land from sale had 

under any attachment, judgment order or degree, or pro- 
r mnder, it shall be the duty of the purchaser, 
r in chancery, or other officer or person from 
whom lid redemption takes place, to make out an instru- 
ment in writing, under his hand and seal, evidencing said 
redei | tion, which shall be recorded in the recorder's office 
ot t: \ I pper county, in manner as other writings affec- * 
ting ' title to real estate are fifed and recorded, and which 
recording shall be paid for by the party redeeming. 

§ ! Tins act shall take effect and be in force at the cx- 
pirati m of sixty days from the passage hereof. 

Approved February 12, 1853. 



1852. 230 

„co Feb. 14, ! N ACT to provide for the reprinting of the public lav ; first 

1853. ^ssion of the sixteenth general assembly of Illinois, together with the 
constitution. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it shall 

•etaryofstatebe the duty of the secretary of state, and he is hereby re- 
quired to cause to be printed and distributed with the laws 
of the present session of the general assembly, five thou- 
sand copies of the public laws enacted at the first session 
of the sixteenth general assembly of this state, -together 
with the constitution. 

„.M8». § 2. Said live thousand copies shall oe distributed 

among the several counties in this state in proportion to 
the number of copies of the laws to which each comity is 
now entitled, and the county clerks of the several comi- 
ties shall distribute them among such officers as an enti- 
tled to copies of the laws, and are now unprovided with the 
public laws of 1849. . 

§ 3. There shall be printed and distributed in like 
manner five thousand copies of the laws of this s 

1847 - • , , ii 

§ 4. There shall be printed along with the 

one thousand extra copies of each session, which sh dl be 
kept by the secretary of state and sold at cost, and the 
proceeds accounted for by him. 

' § 5. This act to take effect and be in lorce fro i and 
after its passage. 

Approved February 14, 1853. 



AN ACT to incorporate the Illinois State Agricultural 

Section 1. Be it enacted by the people bf t 
Illinois, represented in the General Assembly, The 
State Agricultural Society shall, by that name an tyle, 
be hereafter known as a body politic and c 

§ 2. The object of the society being to p] 
agricultural, horticultural, manufacturing, mechan 
household arts, they shall be allowed, for those pi 
only, to take and hold real and personal estate, the ormer 
to the amount only of twenty-five thousand dollars. 

§ 3. The society shall have the right to contra t and 
be contracted with, to sue and be sued, to plead d be 
impleaded, to answer and be answered unto, in 
courts of law and equity of this state, and shall furl r en- 
ioy all the privileges incident to incorporations - said 
character, and not' inconsistent with the laws oft!; state. 



at pi 



231 1851 

§ 4. The society shall have power to alter and amend 
their present constitution, to make, alter and repeal such 
by-laws as may be deemed necessary for carrying out the 
objects of the society. 

§ 5. This act shall be in force from and after its pas- 
sage. 

Approved February S, 1853. 



AX ACT to provide for the sale of (lie stale lands and liqui I: 
indebtedness, and to grant the right ot' pre-emption to settlers on state lands. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
auditor of public accounts be and he is hereby required to 
offer at public sale, in accordance with the provisions and 
requirements of this act, all the lands owned by tiie state 
of Illinois, and withheld from sale by an act entitled "An act 
to suspend the sale of lands owned by the state/'' appro- 
ved February 7, 1851. 

§ 2. The auditor shall cause all the said lands to be To 
offered at public sale, by auction, within a period of twelve 
months from the passage of this act, and shall sell said lands 
for gold or silver, to the highest bidder: Provided, thatpr. 
any of said lands shall not be struck off and sold fur a iess 
amount per acre than three dollars and fifty cents; and all 
such lands as may be appraised at less than that sum may 
be struck off and sold at their appraisement, as made in pur- 
suance of "An act to provide for the sale of public property, 
and the payment of the public debt/' in force March 4, 
1843. 

§ 3. Tiie auditor shall cause all such lands to be offer- To 
ed for sale at the several county seats i:i which said lands c " 
are situated; notices of such sales to be published in two Xu 
newspapers in tiie county where such land is located (if 
any there be,) if not, in the nearest newspaper published 
in the vicinity, and in those counties where no newspaper 
is published, in addition to the foregoing notice, the audi- 
tor shall cause printed notices of such sale to be posted 
in at least three public places within such county, Jour 
weeks before tiie day of sale, of which sales he shall give 
public notice in the newspapers published in the afore- 
named places, if any there be, and if not, in the newspaper, 
or newspapers, as he may determine, published nearest to 
such places, describing, by numbers of the United States 
surveys, each tract of land which will be offered for sale, 
and stating that the same will be sold for gold or silver only; 



1853. 



232 



Reduction 
price. 



which notices shall be so published four successive time?, 
at least eight weeks before the lime of sale. 
Sales to continue. § 4. Said sale shall be continued, from day to day, un- 
til each tract shall have been once offered, giving a reason- 
able time for bids to be made for each tract; and ail such 
lands remaining unsold, after having been so offeree 
Subject to entry, tlien be subject to entry, in the auditor's office, for ■ 

silver, at the rale of three dollars and fifty cents per acre, 
except such lands as are appraised at less than that sum, 
which shall be subject to entry at their appraisement- And 
no person shall be allowed to buy at any of such sales, a 
larger quantity of said lands than the amount of three hun-- 
dred and twenty acres. And one year from and after the 
said lands shall be so offered at public sale, the 
of shall be reduced fifty cents on each and every acre, and 
the auditor shall so continue, at the expiration of each and 
every year thereafter, to reduce the price of said lands fifty 
cents per acre, until the same shall be sold; but in no ease 
shall any of said land be sold for a less sum than one dol- 
lar and fifty cents per acre. After holding such sales, the 
auditor shall cause separate lists to be made of the lands 
remaining unsold in each county, and shall send such lists 
to the clerks of the county courts of such counties, to be 
by them kept in their offices for inspection. 

§ 5. The auditor shall issue a certificate to all pur . s- 
ers, stating therein the amount bid per acre for each tract, 
which shall entitle the holder thereof, or his heirs cr 
legal representatives, to a deed, to be made in the same 
manner as deeds or paten's were made to such lands before 
they were withheld from sale by the act to suspend the sale 
of lands owned by the state, approved February sevtnth, 
one thousand eight hundred and fifty-one. 

6 6. All moneys received by the auditor for such lands 
shall be by him paid over to the state treasurer monthly, 
who shall give him a voucher therefor, which sh 
in the auditor's office: and the auditor shall enter an ac- 
count of all such sales upon a book or books to be kept, or 
now kept, in his office, which books shall be open to the 
inspection of any person interested. 

§ 7. All moneys so received into the treasury shall be 
invested, by the governor, in bonds, scrip, or oilier slate 
indebtedness now due, or whi< reafter become 

due, and th< r shall cancel all such, indebtedness, 

of whatever kind, and deliver the same to the auditor, to- 
gether with. a statement showing the numbers and descrip- 
tion of sue!-: indebtedness, and the amount paid therefor; 
also the names of the persons from whom such bonds, scrip, 
or other state indebtedness, was purchased; all of which 
shall be reported to the next general assembly, and bien- 



233 1853 

hereafter, until ail such lands are sold by the audi- 
tor, loshall also make a record in his office of all such 
hide [ness so cancelled. 

Any person having become an actual settler on pre-emptioi 
' - acre tract of land now belonging to the 
BM >us to the entry or selection of said lancf by 

«t .■ <uvner or owners, in possession at the time of the 
pas • ■ of this act, of any improvement so made, he or she 
shai entitled to the right of pre-emption to any such 

trae p tracts 01 land, not exceeding eighty acres, exten- 
di'; 1 of two years from the passage of this 
|ctj • the price of one dollar and twenty -five cents per 
jpr six per cent, per annum interest from the data 
I < Y or selection by the state until paid for by the 
■i having such pre-emption right. And any owner or 
-ovyn . : of any improvement at the time of the passage of 
I , made on any forty or eighty acre tract of said 
W us to tin; first day of October; one thousand 
H undrcd and fifty-two, he or she shall be entitled to 
: of pre-emption to any such tract or tracts of land, 

Reding eighty acres, extending to the period of two 
•ear rom the passage of this act, at the price per acre 
1 | appraisement made by authority of the state: 

■i tllat every person claiming the right of pre- Provl , 
■ftp t under this act, shall file his or her claim with the 
au'i ■ of public accounts within six months from the 
>as of this act, authenticated by his or her affidavit., 

g*d he oath of one or more competent witnesses, estab- 

ls ' |! w or her claim, made before some person having 
he nth >rity to administer oaths under the laws of this 
;tat trticularly and accurately describing such tract or 
ing forth that such person had settled 
1 previous to the entry or selection thereof by 

g " v had purchased and was the owner of an im- 

nt so made, or was the owner of an improvement, 
it I passage of this act, made previous to the first day of 
Dctol r, 1852, as the case may be. 

i All bills for expenses necessarily incurred by the isxpmsM. 

tudi in carrying out the provisions of 'this act. shall be 
u!)' ed to the governor, and, upon his approval, the au- 
lito tail issue his warrants on the state treasury for the 
>ay: a me. 

Any such lands to which pre-emption rights may B 
»<• e: hshed within the time specified by this act, shall 
to* >ffered at public sale, nor be subject to entry until 
■■■ -emption right thereto shall have expired. 

All combinations, agreements, contracts, and bar- Comwnatiom. 

f every hind and description, intended to enable 
iuy .son or persons to acquire more than three hundred 

nty acres of land under the provisions of this act, 



1853. 234 

shall be unlawful and void, and the title to the land at- 
tempted to be illegally conveyed shall remain in 
without refunding the money paid therefor. 

§ 12. This act to be in force from and after it 
sage, and to be immediately published by the sec 
state in the public papers printed in Springfield; to 
the expenses of which the auditor is hereby author;, 
the certificate of the secretary, to draw his warrant 
treasurer. 

Approved February 14, 1853. 



In force Feb. ii -* L ' ACT ' : authorize Union county to borrow mo i 

1353. 

Section 1. Be it enacted by the -people of the st ' of 
Illinois, represented in the General JJssemb/y, Th. ■■ the s 

Borrow money, county court of Union county is hereby empower; and! 
authorized to borrow, on behalf of said county, f 

money not exceeding one thousand dollars, in sue . ler 

and on such terms as they shall deem proper. 

Application. § 2. The said money, or so much thereof as said uirt 

shall deem necessary, shall be applied to repairs on thA 
court house of said county, in Jonesboro, for work 
te rials. 

Kate of interest, § 3. In case the said court shall determine to efF< the 
loan provided for in the first section of this act, tli are 
hereby authorized to contract to give interest u] I 

loan at the rate often per cent, per annum, if it ca 
had at a less rate. 

§ I. Said court is hereby authorized to cause be 
levied any sum not exceeding ten cents on the hui.dreJ 
dollars' worth of taxable property in addition to the ] . > sen! 
amount now allowed by law, to be levied for count} pur* 
which amount, when thus levied, shall be set . paw 
for the express^mrpose for reimbursing the said sum whin 
may be borrowed as aforesaid; the said rate of i< 
tinue fro u year to year until the said loan and inten are 
fully paid. 

§ 5. After the payment of the money aforesaid said 
court may, for the payment of all interest orders. < in- 
debtedness of said county drawing interest, outstaudMJ 
and owing on the first day of April, one thousand < igtt 
hundred and forty, continue, from year to year, the rate of* 
levy authorized in the fourth section of this act, uni the 
said indebtedness drawing interest is fully paid, to b< de- 



Tax lo be levied. 



Funds, how to be 
applied. 



235 1853. 



signated the "County Interest Debt Tax," and shall in no 
wise be subject to the payment of any other debt or dolts 
due or to become due against said county. 
Approved February il, 1853. 



AN ACT authorizing the county of De Kalb to borrow money for certain In force Feb. 13, 

purposes therein named. Ibu3 * 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the su- 
pervisors of the county of De Kalb are hereby authorized Borrow money, 
to borrow from any person or persons, corporation or cor- 
porations, any sum not exceeding three thousand dollars, to 
be applied exclusively for building a jail and poor house nOTrfo: applied 
in said county. 

o 2. The supervisors of said county are hereby empow- 
ered to execute their notes or bonds, bearing interest not 
exceeding ten per cent., which notes shall be binding on 
said county of De Kalb. 

Approved February 12, 1853. 



A.N "T to authorize the board of supervisors of Kane county to borrow In fore? Feb. 10, 



mon 



r-\::;. 



Section 1. Be it enacted by the people of the stale of 
xltinois, represented in the General Assembly, That the 
board of -supervisors of Kane county, and successors in 
office, be and they are hereby authorized and empowered 
to borrow, upon the faitli and pledge of said county, such <■ 
necessary sum or sums of money, for any term of time, and 
such rate of interest, payable at such places as they may 
deem expedient, not exceeding twenty thousand dollars, sum limited. 
and to issue bonds or other obligations therefor, under the 
seal of the county court of said county, signed by the chair- 
man of the board of supervisors, or his successor in office, 
and countersigned bjr the clerk of said board, or his succes- 
sor in office: Provided, that where any money is borrowed Proviso, 
under the authority of this act, the time for the repayment 
of the same shall be so fixed that not exceeding two thou- 
sand dollars of the principal so borrowed shall fall due in 
anyone year. Any sum or sums of money borrowed un- i 
der the authority of this act shall be applied by the board 



1853, 



236 



of supervisors, or their successors in office, for the use and 
me fit of said county in erecting or repairing county builcffl 
1 r for said county. 

The board of supervisors of said count}', or their,, 

successors in office, are hereby authorized and required to' 

and collect a special tax upon all the taxable property 

county of Kane, sufficient to pay the accruing inter- 

mii-annually on any sum or sums of money they may 

w under the authority of this act, and to pay iheprin-j 

cipal as it may become due, at a rate of* not exec din ; twtj 

thousand dollars in any >ne year. Said tax shall be 1< vied 



the same time and 



th 



and collected at 
that other taxes of said county are levied and collected, 
ind when collected shall be applied by said board of su-j 
pervisors, or their successors in office, to the payment of tin 
interest and the repayment of the principal of the money 
borrowed under the authority ol this act, and to no othej 
purpose whatever, until the whole of the money so borrow- 
ed is paid in full; and the persons loaning money to said 
county as aforesaid, are to be in no way responsible for the 
faithful application or use of the money thus borrowed 

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

Approved February 10, 1S53. 



AN ACT to extend the time i oE taxes in Crawford county, and 

for other purposes. 



■ » ; 



oj troa urj 



ret I. 



Section 1. B ' / the peopL 'ate of 

, That the j 
sheriff of Crawford county, elected to fill said office for the ■ 
. ' ' : and 1849, be and he is hereby authorized. 
and empowered to collect all taxes remaining due and un- 
paid in said county for any of the years which he held said 
- in the manner then provided for the collection of the 
same: Provided, said sheriff shall not collect any taxes, 
which he has returned as delinquent. 

§ 2. No sale or levy shall be made under the 
sions of this act after the first day of September next. 

3. The auditor of public accounts be and he is hereJ 
quired to allow and pay tin- collector aforesaid, out of,, 
ite treasury, the sum of ninety-nine dollars end forti 
cents, for the year 1847 ; and the sum of ninety-four dol- 
lars and eighty-seven cents for the year 1848, in lieu of 
and for abatements on property assessed for said years, the 
'taxes on which he was unable to collect; and the county 
jourt of said county of Crawford shall refund and pay to 



237 

said collector the sum of eighty dollars and sixty cents for 
the year 1847, and the sum of 0ne hundred and five d 
and thirteen cents for the year 1848, being the county' 
proportion of the abatements aforesaid. 

§ 4. This act to take effect and be in force firm ai < 
after it passage. 

Approved Feb. 12, 1853. 



A",' ACT to amend an act entitled "An act for a geological and mil eralo 
ical survey of the stale of Illinois." 

Section 1. Be it enacted by the people of (he .slate • 
Illinois, represented in. the General Assembly, That ( 
sum of live thousand dollars be and the same is hereby a] 
nually appropriated for the purpose of carrying out and 
completing the geological and mineralogical survey of tl 
state of Illinois; and aiso the further sum of five hundred dol- 
lars per annum, for the purpose of furnishing accurate to- 
pographical maps of the several counties in the state, to 
made out under the direction and superintendence of tl 
state geologist. The said sums of money are hereby placed 
at the disposal of the governor, to be applied by him ti 
fees and purposes specified in this act, and the act to whh 
this is an amendment. 

This act to take effect and be in force from and after il 
passage. 

Approved February 12, 1853. 



1853. 



ppropriati 



AN ACT to provide for the ordinary and continent expensesof the govern- in fr.ee 
hent, until the adjournment of the next regular session of the eerie if 

assembly. 

Section 1. Be it enacted by the people nf the state 
Illinois, represented in the General Assembly, That tin 
following sums be and they are hereby appropriated, h Api . .-.- 
meet the ordinary and contingent expenses of the govern- 
ment until the adjournment of the next regular session i 
the general assembly of the state of Illinois. 

1. A sum not exceeding eight thousand dollars, as a eori-Contmg< 
tingent fund, to meet the contingent expenses of the state 
government; and the said sum shall be subject to the order 
:»f the governor, for the purpose of defraying all such ex- 
penses as arc unforeseen by the general assembly, or are 



1853. 238 

unprovided for by law; and a proper statement of which 
shall be laid before the next general assembly by the audi- 
tor in his biennial report. 

2. To the executive department, for postage, candles, t! 
^- books, stationery, &c, a sum not exceeding eight hundred I 
dollars. For repairs of the governor's house, a sum not 
exceeding six hundred dollars. 

0fflC eof 3. To° the secretary of state's office, for furniture and'/ 

repairs of office, postage, printing blanks, &c , stationery, 
books, candles, &c, and for repairs, furniture, binding 
books, subscription for periodicals, &c, for said library, a 
sum not exceeding three thousand dollars. 

Fuel, stationery, For fuel for the use of the legislature and state offices,! 
,. ': stationery, printing paper and other expenses necessary in J 

Lsuiture. t ) ie discharge of the duties required of him as secretary ofi 

state, by the laws now in force, a sum not exceeding ten! 
thousand dollars. 

4. To the auditor's office, for furniture, repairs of office,* 
°X- abstracts of lands, plats, printing blanks, patents, &c, for the! 

use of office, postage, stationery, books and candles, and fori 
contingent expenses necessary in the discharge of the duties! 
required of him by law, a sum not exceeding six thousand! 
dollars. . 4 

5. To the office of the state treasurer, for books, furni- 
iure, postage, candles, stationery, &c, a sum not exeeed-J 

&c - ing five hundred dollars. 

°6. The auditor of public accounts is hereby authorized 

A wanam° Usue ana " required to issue his warrant on the treasurer in favor 
of any person who has or may hereafter furnish for thai 
use of this general assembly any stationery, printing paper, 
candles or other articles, or for work done, which shall be 
paid out of any money in the treasury not otherwise ap*y 
propriated. The accounts shall be certified to by the proper r 
officer, and approved by the governor. 

7. The sum of five dollars per day to the clerk in the | 
executive department, during the present session of the le- - 
gislature. 

8. To the state treasurer, for fire proof vault and safe, 
a sum not exceeding two thousand five hundred dollars. 

9. To the office of the secretary of state, for defi- 



Prlva'r s 



, ■ 

fordetlclenoy of 
app. of lb5l . 



iency of appropriation of 1851, to meet payments due 
for printing paper, fuel, &c, a sum not exceeding four 
thousand dollars. 

10. To J. Bunn, for articles furnished the present gen- 
eral assembly, three hundred and twenty-seven dollars; to 
John Cunningham, for painting, &c, governor's office, one 

wmiam Mowrcr.j mn( j rec i dollars and fifty cents; to William Mowrer, for re- 
pairs and material on governor's house, three hundred and 

itm & enrran. twent y dollars and seventy-four cents; to Ives and Curran, 
for articles furnished the present general assembly, two hun- 



J. Cumihu'li'iui. 



239 1853. 

md sixty-seven dollars; to Selby & Clayton, for print- 
i - liundred and seven dollars and sixty-eight cents; to 

' the joint committee appointed by the legislature to commi 
vis' ie state institutions at Jacksonville, ten dollars; to 
Ear, ■ i Moore, for posting the journal of executive ac- Enoch Moore. 

sixty dollars; to Lowry, Lamb & Co., for stoves Lowry, Lamb & 

tier articles furnished for governor's house, one hun- tu- 
dree 1 and. fifty-five dollars and eighteen cents; to Opdycke & 
Fo:' ty, for articles furnished for use of present general '" ; " 
I ly, four hundred and twenty-eight dollars and thirty- 

■ its; to Opdycke & Fondey, for carpet and other articles opdycke & Fon- 

fot e governor's oiKce, sixty-three dollars and twenty-five dey ' 
ecu 1 ?;to J. A. Hough, for furniture, &c, for the governor's J. a. Hough. 
If . vnty-three dollars and seventy-five cents; to J. A. J- a. n oug h. 

Hough, for furniture, &c, for the use of the present general 
assL .ihly, thirty-two dollars; to John Cunningham, for 1 paint- J °*° Cunnl *s- 
■gand making carpets, forty-one dollars; to Opdycke & pd J 4 1 



ckc & Foil- 



I -, for articles furnished the secretary of state, eigh- 

teen dollars and forty-one cents; to the state librarian, for his state librarian, 
services up to the first day of January, 1854, one hundred- 
doll irs; to R. C. Johnson, for summoning witnesses to attend n. <.. 
before the joint committee at Jacksonville, five dollars; to N. x. • 
W. Edwards, John W. Eldredge and Willis D. Green, com- ;iua ^«- 
■ lers appointed by the last special session of the le- 
3 to visit the state institutions at Jacksonville, 
each the sum of one liundred and fifty dollars; to Daniel Dani ei Mciiroy. 
Mciiroy, for his services in the Cook county circuit court, 
up to November 2d, 1852, four liundred dollars; to the door- Door-keeper, 
keeper of the house of representatives, for extra labor by 
him paid for, the sum of twenty dollars; to E. A. Bedell, e. a. Bedeii. 
formoney paid to Long and others for cleaning the senate 
chamber, three dollars. 

11. The governor be and he is hereby authorized Postage recount 
and required to order the payment of the postage accounts of this sesslon - 
for this session of the general assembly, which shall be paid 
on the warrant of the auditor, out of any moneys in the 
treasury not otherwise appropriated. 

12. There shall be paid to each of the publishers f PubIlshera of 
papers at the seat of government, for publishing the public MifunTonirt.™" 
laws passed at this session of the general assembly, one 
hundred and fifty dollars. 

Approved February 14, 1853. 



A.N ACT in relation to conveyances of real estate by non-resident executors, in forc<- Feb. 



Section I. Be it enacted by the people of the state of 
■ represented in the General Assembly, That when Xl 
my non-resident executor or executors shall have proved 



1S53. 



on-resident 

cutors. 



185:5. 240 

the last will and testament of an}- deceased person, and 
taken on him or them tiie execution of such will in anj • tatej 
district or territory of the United States, such non-i 
executor or executors sha rized to execute uch 

will in this state in the same manner as though such exec- 
utor or executors had qualified in this state: i', 
before such executor or executors shall sell, disp i" or 

convey any real estate in this state, he or they shall pro- 
duce such will or a copy thereof, and of the letters 
mentary, or other authority to execute the same, in 
seal of tiie court or proper officer where such v. i 
proved or admitted to probate, and of such letters or au- 
n-ate. thority granted, accompanied by a certificate ol tin 

or clerk of said court or other proper officer, thai ;ic!i 
letters or authority had been granted in pursuance < . and 
agreeably to the laws of the state, district or terri LB 

which such letters testamentary or authority were gra ited 
and filed, and have the same recorded in the pri 
county court of the county in which the property,*:. 
part thereof, of which the testator died seized ma] 
uated, and tiie county judge or judge of probate of such 
county shall certify that such will was duly auther 
i »unher. under the provisions of this act: Provided further, that said 
county judge or judge of probate shall require bond from 
snch non-resident executor or executors, or some r 
sible person in their behalf, to the people of the state of Il- 
linois, in such penalty as such judge shall deem ne< 
for the faithful appropriation of. tiie effects of such testator 
in this state, and for tiie application of the proceeds there- 
of, in the first instance, to the payment of all sue' 
(if any) as may be allowed by such court ;; the 

estate of such testator, within two years from the fi E 

suqh bond; and this provision shall be incorporated in the 
condition of the bond herein provided for. And such bond 
shall be signed by some responsible person in this ate, 
either as principal or surety, to be approved b} said c nirt. 
eyancesmay § 2- The acts of non-resident executors heretofore had 
' "'"• l " "- in selling or conveying any real estate in this state may be 
approved and confirmed by the probate or county court of 
any county where such real estate may be situated, upon 
petition by any person interested therein, sixty days noticj 
being given by publication in a newspaper published in such 
county, (and if no paper be published in such county, then 
in some newspaper published in the nearest county I that 
where such real estate may be situated,) of the intention to 
present such petition, and the time and place of such pre- 
sentation; and upon such approval and confirmation, such 
sales and conveyances heretofore made shall be as valid 
and effectual as if made under the provisions of this act. 
iJnt before such court shall make such approval or confir- 



241 



1853. 



mation, it shall require and receive satisfactory evidence 
that such sales or conveyances were made in o- 00 d faitli 
and that the interests of creditors of the testator in this' 
state will not be prejudiced by such approval and confir- 
mation. 

§ 3. Appeals shall be allowed from the order of said 
court approving and confirming such sales and conveyances 
as in other cases, by any person who may claim an interest 
in the premises thus sold or conveyed. 

6 4. The provisions of this act shall not apply to any 
case where letters of administration shall have been gran- 
ted upon the estate of such testator in this state, unless 
such letters shall first be revoked, or the administrator shall 
die or resign. 

Approved February 8, 1853. 



AN ACT to amend an act entitled "An act to establish the Illinois State In force Feb. 12, 
Hospital for the Insane," in force March first, 1847. 1853. 

Section 1. Be it enacted by the people of the*state of 
Illinois, represented in the General Assembly, That from 
and after the passage of this act, it shall be the duty of the t™^ to bear 
governor, by and with the advice and consent of the senate po,nted ' 
to appoint nine trustees for the Illinois State Hospital for 
the Insane, designating at the time of such appointment, 
their respective terms of office, with reference to the fol- 
lowing-classification, to Wit: three Of Said trustees shall Classification, 
serve lor two years, three for four years, and three for six 
years, from the time of their appointment and until their 
successors are chosen and qualified; and at the expiration 
of their respective terms of office the vacancies shall be 
filled by appointments for six years, to be made by the 
governor, by and with the advice and consent of the sen- 
ate. The board organized under the provisions of this act Po ^r, 
shall have all the powers, act under the same responsibili- 
ties, and perform the same duties which are prescribed for 
the board of trustees in the act of which this is an amend- 
ment. 

§ 2. A treasurer shall be kept in the service of the Usurer , „e 
board, who shall also be the secretary. He shall keep the secretar ?' 
accounts of the institution and receive and pay out the funds 
as required by the by-laws. The accounts shall be so kept 



as to show the receipts and disbursements under appropriate 
heads, and the kind, quality and cost of every article pur- 
chased for the use of the institution; and no individual shall 
16 



ceived. 



1853. 242 

be secretary or treasurer of more than one of the state in- 
stitutions, located at Jacksonville, at the same time. 

§ 3 The trustees shall meet for the transaction ot bus- 

TrusteestoxneeUneSS half yearly, and at such other times as may be found 

necessary to a proper discharge of their duties, and the 

travelling and personal expenses incurred in attending the 

senses. meetings, by those residing out of the county ot Morgan, 

shall b? paid out of the funds of the institution, upon orders 

of the board. . . . 

TS 4 I The provision of law authorizing the trustees to 

nancies, no. fill vacancies in the board are hereby repealed, and vacan- 

V m™-' cies S h a ll hereafter be filled by the governor, as provided for 

in the act establishing the institution. 

§ 5 The accounts of the treasurer shall be settled with 
counts of trea- the governor at the end of every three months, and at 
each settlement all the money previously received snail 
be fully accounted for and the vouchers for the same filed 
with the auditor. . , 

§ 6. Before any person shall be committed to the hos- 
state^enttonepital as a patient, except such as have ^en heretofore 
1 " 11; n '-leo-allv decided insane, and married women and inlants 
who may be received by the request of the husband of the 
woman or the parent or guardian of the infant, if the med- 
ical superintendent shall be satisfied that they are insane, 
some respectable person living in the county in which the 
person alledged to be insane, resides, shall file with the 
judge of the county court, a statement, in writing, suostan- 
tially as follows: 

"State ov Illinois, County, ss. 

"I, the undersigned, hereby state that ■ —7- (naming 

the person) of the county and state aforesaid, is insane and 
that I believe for his (or her) benefit (for the safety of the 
community) he (or she) ought to be committed to the Illi- 
nois state Hospital for the Insane. The facts in his (or 

her) case can be proven by (naming at least two 

persons, one of whom shall be a respectable physician. ) 

"Dated this day of A. D. A. b. 

The nidge of the county court shall thereupon order the 
, r Va"- clerk of said court to issue subpoenas for the persons 
™- named as witnesses, and such other persons as he may 

think proper, commanding them to appear before him at 
the time and place specified in the subpoenas, to testily 
concerning the facts in the case of the person alledged to 
be insane. He shall also order subpoenas for six suitable 
persons to serve as jurors in the case, to be present at the 
same time and place, at least one of whom shall be a phy- 






Subpoenas to is 
sue for 



sician 



T7' If, after hearing the evidence, the jury shall be 
SvklenC '" satisfied of the truth of the facts set forth in the statement 



243 185S. 



aforesaid they shall render to the judge the following ver- 
dict substantiallyj a copy of which, certified by the clerk 
shall be forwarded to the superintendent and shall consti 

b thl hoT^ ° f "" trUSteCS f ° r ****■**• patient 

"State op Illinois, - C 

"We, the undersigned, jurors in the case of 



State of Illinois, County, ss. 

-idersigned, jurors in the case of- f na _ 

mingthe person) alleged to be insane, having heard the evi 
dence in the case, are satisfied that said — is insan* 



and is a fit person to be sent to the Illinois State HospltS 
tor the Insane; that he is a resident of the state of Illinois 

and county of —_; that his age is ; that his disease 

,s ot — - — duration; that the cause is supposed to be 
— — (or is unknown;) that the disease is (or is not) 
with him hereditary; that he is not (or is) subject to epi- 
lespy,andthathe is free from vermin or any infectious 
disease. > (If the person be a pauper, the fact shall also be 
announced in the verdict. ) 

§ 8 If the person be a pauper, it shall be the duty of 
the judge of the county court to see that he is furnished 
with the necessary amount of substantial clothing at the 
expense of the county, and his successors in office shall be 
held responsib e in their official capacity for keeping him 
suitably furnished with clothes, while a patient in the hos- 
pital, and for removing him therefrom if required bv the 
trustees to do so. J 

§ 9. If the person be not a pauper, then one or more 
persons, relatives or friends of the patient shall, upon his 
admission into the hospital, become responsible to the trus- 
tees for finding the patient in clothes and removing him 
when required; and shall execute a bond conditioned as 
toliows, viz: 

"Know all men by these presents, that we and 

of the county of —and state of Illinois, are 

held and firmly bound unto the trustees of the Illinois State 
Hospital for the Insane, in the sum of one hundred dollars 
for the payment of which we jointly and severally bind 
ourselves firmly by these presents. 

"The condition of this obligation is, that whereas 

insane person of the county and state aforesaid, has been 
admitted as a patient into the Illinois State Hospital, for 
the Insane: now, therefore, if we shall find said patient in 

suitable and sufficient clothing whilst may remain in 

said institution, and shall promptly pay for such articles of 

clothing, as it may be necessary to procure for said 

at the hospital, and shall remove from said 



Pauper. 



Duty of reiatii 



1S53. 



hospital when required by the trustees to do so, then this 
obligation to be void, otherwise to remain in full force. 

"Witness our hands and seals, this day of A. D. 

[seal. J 
[seal."] 
Dutvorsuperm- S 10. Upon receiving the application the superinten- 
dent. de J t s fa\\ a dvise the clerk whether or not the patient can 
be received, and if he can be, when. The clerk shall 
thereupon, in due time [season] for the conveyance of the 
person to the hospital by the time appointed, issue his war- 
rant to the sheriff, or any other suitable person, command- 
ing him to arrest such insane person and convey him to the 
hospital; and if the clerk shall be satisfied of the necessity, 
he may authorize an assistant to be employed. Said war- 
rant shall be substantially as follows: 

"State of Illinois, County of 



YV',mar!i to sher- 



"You are hereby commanded forthwith to arrest 



who has been declared to be insane, and convey him to 
the Illinois State Hospital for the Insane, (and you are 
hereby authorized to take to your aid an assistant if deemed 
necessary) and of this warrant make due return to this 
office after its execution. Witness my hand and seal ol 

the county court, this day of A. D. 

g g *-, Clerk 

County Court County." 

B fiff^£ Upon receiving the patient, the superintendent shall in- 
dorse upon said warrant a receipt as follows: 

"Illinois State Hospital for the Insane. 
"Received this day of A. D. the patient 

named in the within warrant. 

n Superintendent." 

"This warrant, with the receipt thereon, shall be returned 
Pr07lso to the clerk, to be filed by him with the other papers rela- 

ting to the case: Provided, that in all cases the relatives 
of Sic insane person shall have a right to convey him to the 
hospital in prefer* uce to others: And provided also, if he 
be not found by the jury free from vermin and any infec- 
tious disease, it shall* not be the duty of the clerk to apply 
f or hi s m as before provided, until lie beso declar- 

ed by the certificate of some respectable physician, which 
certificate shall be forwarded to the superintendent with 
Expense. the application. _ 

§ 11. The expense of conveying paupers to tne hospi- 
tal shall be paid by the counties in which they reside, and 
that of others by conservators, husbands, parents and guar- 
dians, and in no case shall any such expense be paid out of 



Compensation to 



the "funds for the insane 



§ 12. The compensation to the sheriff and his assistant 
shall be four cents each per mile, going and returning, 



245 1853. 

computing the distance by the usual route of the United 
States' mail, and two dollars per day for the sheriff, and 
one dollar per day for his assistant, for each day's neces- 
sary absence going to and returning [from] the hospital. clothing. 

§ 13. The clothing to be furnished each patient upon 
being sent to the hospital shall not be less than the follow- 
ing: For a male, three new shirts, a new and substantial 
coat, vest, and two pairs of pantaloons of woolen cloth, 
three pairs of woolen socks, a black or dark stock or cra- 
vat, a good hat or cap, and a pair of new shoes or boots, 
and a pair of slippers to wear within doors. For a female, 
in addition to the same quantity of under garments, shoes 
and stockings, there shall be two woolen petticoats or 
skirts, three good dresses, a cloak or shawl, and a decent 
bonnet. Unless such clothing be delivered in good order 
to the superintendent, he shall not be bound to receive the 

patient. Patient ma; 

§ 14. Any patient may be discharged from the hosni- lbl - laISe '• 
tal when, in the judgment of the trustees, it is necessary. 
Incurable and harmless cases maybe discharged when ne- 
cessary to make room for recent cases, as ordered by the 
trustees. Notice . 

§ 15. Whenever a patient shall be ordered to be dis- 
charged the superintendent shall immediately give notice 
thereof to the county clerk, or to the party or parties res- 
ponsible in the bond for his or her removal. Said clerk 
shall, immediately upon reception of the notice, issue his 
warrant to the sheriff, commanding him to remove the pa- 
tient and return him or her to the county from which he 
or she has been taken. If within thirty days after the no- 
tice was given the patient be not removed, the superinten- 
dent, if he think it necessary, may return the patient to 
the county from which he came, at the expense of the coun- 
ty; in case of a pauper, and of the party responsible on 
the bond in other cases, the amount to be that allowed 
sheriffs in section thirteen, and recoverable by the trustees, 
with costs of suit, by proceedings in any court of compe- 
tent jurisdiction. Application 

§ 16. Whenever application shall be made for a patient 1 " a " r --" kn 
not residing within the state, if the superintendent shall 
be of opinion that from the character of the case it is pro- 
bably curable, and if there be at the time room to spare in 
the hospital, the trustees, in their discretion, may order 
the patient to be admitted, always taking a satisfactory Bond. 
bond for the maintenance of the patient, the rate of which 
the trustees shall fix, requiring two months' pay in advance, 
and for his or her removal, when required. idiots. 

§ 17. No idiot shall be admitted into the hospital, and 
every such case shall be discharged, the trustees and super- 
intendent having the right to decide what cases arc idiotic. 



1853. 246 

§ 18. This act shall be in force from and after its pas- 
sage, and all acts and parts of acts coming in conflict with 
provisions of this act are hereby repealed. 

Approved February 12, 1853. 



l orce Feb. 12, AN ACT to amend an act entitled "An act to provide for the sale of prop- 
1853, erty in White county," approved Feh. 27, 1847. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly , That so much 

Actrepeated. of the fourth section of the act to which this is an amend- 
ment, as refers to the Carmi Mill property, be and the 

proviso. same is hereby repealed : Provided, the purchaser of said 

Carmi Mill property under said act, and his assigns, shall 
forever maintain and keep in and attached to the mill-dam 
of said property a good and sufficient slope, to facilitate 
the passage of boats — such slope to be not less than fifty- 
two feet long ; to be thirty feet wide in the clear; to be of 
sufficient hewed timber, and to be planked up at the sides 
at least four feet; the fall in said slope to be one inch to the 

provided further, foot : Jlnd provided further, that should the state, or any 
company or persons acting under the authority of the leg- 
islature, wish to improve the navigation of the Little Wa- 
bash River, by the erection of a lock and dam at said Car- 
mi Mill property, then the state, or company acting under 
such authority, shall have full power and authority to make 
such improvement in or near said dam on said property, 
without any let or hindrance from, or paying any compen- 
sation or damages to the occupant or proprietor of said pro- 

Proviso. perty, or any part thereof: Provided, that the water power 

of said occupant or proprietor shall not be permanently in- 
jured or lessened. 
t. § 2. This act shall not take effect or be in force until 

the county courts of Wayne and Clay counties approve of 
the same, by entering up an order on the county record of 
each of the said counties to that effect. 
Approved February 12, 1853. 



In force Feb. li, AN ACT to amend the school law in relation to the examination and qual- 
1863. ification of teachers. 

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

school commis- Illinois, represented in the General Assembly, That each 

,',•?''" and every school commissioner shall, by himself, or with 



247 1853. 

such other person or persons as he shall associate with him, 
upon application, examine all persons proposing to teach a 
common school in his township, in relation to his or her 
mord character, and touching his or her qualifications pro- 
perly to teach orthography, reading in English, penman- 
ship, arithmetic, English grammar, modern geography and 
the history of the United States; and if he shall find such 
person of good moral character and properly qualified to 
teach all the aforesaid branches, he shall give such person 
a certificate of qualification, which certificate shall be 
good and valid in said county for one year from the date 
thereof: Provided, that the directors of any school district Proviso. 
may, under their hands as directors, request the school 
commissioners of their respective counties to examine any 
teacher, proposing to teach a common school in their dis- 
trict, upon any of the above specified branches, and to give 
a certificate of qualification to teach the branches specified 
in said request, if such teachers shall be found qualified to 
teach such branches; which certificate, when given, shall 
be as good and valid, to all intents and purposes, in the dis- 
trict of such director, as if such teacher had received the 
proper certificate of all said seven branches. 

§ 2. That all laws and parts of laws coming in con- 
flict with the preceding section are hereby repealed. 

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

Approved February 11, 1853. 



AN ACT to provide for the draining and reclamation of certain lands in i n f crce Feb. 12j 
Mason county. 1853. 

Section 1. Be it enacted by the people, oj the state of 
Illinois, represented in the General Assembly, That in ad- 
dition to the taxes already imposed by law, there be lev- special tax. 
ied and collected, as are other state and county taxes, an 
additional tax of fifty cents on each one hundred dollars' 
worth of property, as per the assessment of the county as-" 
sessor of Mason county, for the year A. D. 1853, upon the 
lands herein designated and described; and for the purpose 
of carrying out the provisions of this act, the county clerk Duty of CliVUir 
of said county is hereby authorized and required to add on to cterk - 
the assessment of said lands, in a separate column, the tax 
hereby imposed, and the provisions of the laws of this state 
for the collection of revenue are hereby so extended as to 
authorize and require the collector aforesaid to collect under 
the provisions of said law as other taxes, the tax hereby im- 
posed upon the following lands, to wit: Sections five, six, 



1853. 248 



seven, eight, seventeen, eighteen, nineteen, twenty, twen- 
ty-nine and thirty, in town twenty, range eight, west of the 
third principal meridian. Also, sections one, twelve, thir- 
teen, twenty-four and twenty-five, in town twenty, range 
nine, west of the third principal meridian. Also, sections 
twenty-nine, thirty, thirty-one and thirty-two, in town 
twenty-one, range eight, west of the third principal merid- 
ian. Also, sections twenty- five and thirty-six, in town 
twenty-one, range nine, 1 
an, all in Mason county. 

commissioners. § 2. For the purpose of carrying out the provisions of 
this act, James M. Ruggles, James P. Robertson and Alger- 
non E. Field are hereby appointed commissioners, whose 
duty it shall be to receive from the collectors the taxes 
hereby imposed, and to apply the same to the draining and 
reclaiming of the lands hereinbefore described. The said 

Execute Dond. commissioners are hereby required to make and execute a 
bond to the county clerk, for the use of the county of Ma- 
son, for the full amount of the assessment aforesaidj condi- 
tioned that they will faithfully discharge their duties as 
commissisoners in receiving the taxes collected under this 
act, and applying the same to the ditching, draining and 
reclaiming of said lands; which work shall be disposed of 
by public letting to the lowest bidder, after giving four 

owe puwic; no- weeks' primed public notice in said county, and the eollec- 
iK " tor aforesaid is hereby required to pay over, as often as once 

a month, all taxes collected under this act, until the whole 
shall have been paid ; and he is hereby authorized to re- 
ceive in payment of said special tax any receipt given by 
said commissioners to any person for the payment in whole 
or in part of their said special tax. For a failure on the 
part of said commissioners to perform their duty under this 
act, they shall forfeit and pay the amount of the bond above 
stipulated into the county treasury, 
otoeap- § 3- The proceeds of the sales of all swamp or over- 
flowed lands lying within the limits of the lands herein de- 
scribed, whether sold or unsold, are hereby appropriated 
for the purposes above named ; and the county court of 
m Mason county is hereby authorized and required to pay 
over to the aforesaid commissioners said proceeds when ob- 
tained, to be expended in reclaiming said lands, as herein 
provided. 

Approvkd February 12, 1853. 



249 1853. 

AN ACT to authorize the county court of Edgar count}- to pay Samuel A. Inforce Feb. 12, 
Lodge for services rendered. 1853, 

Section 1. Be. it enacted by the people of the slate of 
uHnois, represented in the General Assembly, That the 
county court of Edsrar county be and hereby is authorized county court au- 

i • i i> a ci "i i t i ,, , ,. tiiorizcd to settle 

to settle with and pay bamuel A. Lodge any sum that tliey with Samuel a. 
may think right and just for services rendered by the said Lt 
Samuel A.- Lodge in surveying the swamp lands in said 
county of Edgar. 

§ 2. That the county court of Schuyler county be al- scimyier county. 
lowed the same privilege, to settle with and pay the persons 
engaged in surveying the swamp lands in said county a 
reasonable compensation for their services. 



AN ACT to provide for draining the wet lands of the proprietors of the in force Feb, 9, 
common field of Prairie du Rocher, in Randolph county. 1So3, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Leon 
Vion, Antoine Albert and Felix Mudd be and they are Commissioners, 
hereby appointed commissioners to lay out and superin- 
tend the construction of such ditches, embankments or roads 
as may be necessary for draining the wet lands situate, 
lying and being in the common field of Prairie du Rocher, 
in the county of Randolph, extending from survey number 
one, claim number six hundred and sixty-five to survey 
number thirty-six, both included. 

§ 2. The said commissioners are hereby vested with 1 * 01 *" 8 - 
full power and discretion to determine, the number, dimen- 
sions and direction of such ditches, roads and embank- 
ments, and so far as it is practicable, they shall follow the lines 
dividing each survey and claim, but where the natural in- 
clination of the land may require a different direction, they 
shall be at liberty to depart from the sectional or dividing- 
lines of survey, and follow the course indicated by the nat- 
ural inclination of the land, or such other course as shall 
best answer the purpose intended by this act. 

§ 3. The expenses of constructing said ditches, roads Expenses— how 
and embankments, together with all the cost incurred on paU " 
account thereof, shall be assessed upon the lands benefit- 
ted thereby, and the said commissioners are hereby em- 
powered to assess the cost proportionably on the lands 
which they shall deem benefitted by the construction of 
said ditches, roads and embankments, as nearly as may be. < $ r rffiff nS« B 
The commissioners shall describe on an assessment list to niemiist. 



1853. 250 

be made by them, the lands on which they may make as- 
sessments, and the amounts of said assessments, which as- 
sessment list they shall deliver over for collection to the 
sheriff of Randolph county, who is hereby authorized and 
directed to collect the same. And the said assessment 
list or a copy of it duly certified, under the hands and seals 
of the commissioners, shall be a sufficient wan ant to the 
sheriff to authorize him to collect the said assessments. 

Assessment to t.e § 4. The said assessments shall be a lien upon the lands 

alien. upon which they are made until paid; and in case of refu- 

Refusai or neg- sa l r neglect on the part of the owner or occupant of 
said lands to pay such assessment, it shall be the duty of 

Duty of sheriff, the sheriff to publish an advertisement in some newspaper 
published in the county, of his intention to apply to the 

judgmetitagainst county court of Randolph county, by petition, for judg- 
ment against the said lands, particularly describing them. 
And the county court of Randolph county is hereby ves- 
ted with jurisdiction to take cognizance of said petition, 
and if upon examination it shall appear that the said lands 
are chargeable with said assessments, and that said as- 
sessments are not illegal, the said court shall proceed to 
render judgment against each piece or parcel of land men- 
tioned in the petition, for the amount of the assessment 
made upon it, together with costs, and shall direct a spe- 

speciai execution cial execution to issue upon said judgment against the 
same, directed to the sheriff of Randolph county, to be by 
him levied and collected. Objections to the assessments 
may be made at any time before final judgment, and if, 
upon the hearing of said objections, the judge shall regard 

Assessments cor- any portion of said assessments as being unjust or illegal, 
he shall proceed to correct them, or, at his option, refer the 
matter back to three special commissioners, to be appoint- 
ed by him, to correct the errors of the first assessment. 

Advertisement. § 5. The advertisement mentioned in the preceding 
section, shall be made in the newspaper supposed to have 
the largest circulation in the county, or if none, in the 
nearest county where such paper is published, at least once 
in each week for four weeks previous to the next term of 

compensation to of the county court of Randolph county, and the coinpen- 
gheriff. sation of the sheriff, for the services required of him in 

this proceeding, shall be the same as that to which he is 
now entitled for the collection of state and county taxes. 

sheriff to make § 6. Lands sold under the provisions of this act may 
•toed. b e rec leemed from such sale, within the same time, and 

upon the same terms, that are now provided by law in the 
case of lands sold for state and county taxes, but if no le- 
gal redemption is made from such sale, the sheriff of Ran- 
dolph county shall make a deed for said lands to the pur- 
chaser or purchasers thereof, his or their heirs or assigns, 
upon the return of the certificate or certificates of purchase. 



251 1853. 

§ 7. Persons owning lands along any of said ditches, ^ a s ™^ be 
roads, or embankments, and contiguous thereto, shall be 
permitted by the commissioners to pay their assessments 
in labor, under the supervision, and in accordance with the 
plans and directions of the commissioners, provided they 
will perform such work as cheaply as others can be em- 
ployed to do the same. 

§ 8. Whenever any of the aforenamed commissioners vacancies, bow 
shall die or resign his office, or remove from the county, fllled - 
the judge of the county court of said county shali appoint 
a competent person, residing in the precinct of Prairie du 
Rocher, to fill the vacancy thereby created. 

§ 9. The commissioners appointed by this act shall re- compensation. 
ceive a compensation of one dollar per day for every day 
they may be necessarily employed upon said work, and 
they may employ a surveyor, when necessary, to assist Employ sunt :,„r 
them in the location of any ditch, road or embankment, at 
a rate of compensation not to exceed two dollars per day, compensation. 
together with the necessary assistants and laborers; all of 
which charges shall be deemed part of the necessary ex- 
penses of said work. 

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

Approved February 9, 1853. 



AN ACT to incorporate the committee to aid in the erection of church m force Feb. 12, 
edifices. 1S53. 

Whereas there are benevolent persons desirous to create a Preambie# 
fund to aid in the erection of church edifices in new com- 
munities in northern Illinois and southern Wisconsin, 
which are unable in whole to erect the same; and where- 
as it is desirable to invest the said fund in a corporate 
body, that the same may be more securely managed and 
remain in perpetuity ; therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Robert 
W. Anderson, Harvey Curtiss, George W. Gate, William corporators. 
H. Spencer, Shubael Spees, William H. Brown, Sylvester 
Lind and Nathaniel Norton be and they are hereby consti- 
tuted a body corporate and politic, by the name and style xame and style. 
of "The Committee to aid in the Erection of Church Edi- 
fices," and by that name shall have perpetual succession, 
and shall have power to contract and be contracted with, Powers> 
to sue and be sued, to plead and be impleaded, and to do 
and perform all such acts and things as are or may become 



1853. 252 

necessary for the furtherance and advancement of the pur- 
pose of said incorporation, as fully and completely as si] 
natural person might or could do. 

omcers. § 2. The officers of said corporation shall be a presi- 

dent, treasurer and secretary, to be chosen by the said cor- 
poration from among themselves, to hold their said offices 
respectively for one year, and until their successors are , 

Give bonds. c ] u iy elected and qualified, and shall give such bonds or | 
other securities for the faithful performance of the duties 
of their respective offices as the said corporation shall re- j 
quire. 

nay hold real es- § 3. The said corporation may receive, take and hold] 

tate. as we j} by gift ? purchase, deed, devise or bequest, or oth-j 

erwise, any real or personal estate for the uses and purpo-1 
ses herein contemplated, not exceeding the sum of twenty-J 
five thousand dollars, whether the same be purchased by, < 
or deeded to, or given, devised, bequeathed or conveyed 
directly to said corporation, or to its officers or otherwise, 
for the use of said corporation. 

By-iaws. § 4. The said corporation shall have power to 

by-laws, rules and regulations not inconsistent with this] 
act, for donating or loaning any of the funds belonging to 
said corporation, for the erection of church edifices onlyj 
and in the latter case may demand and receive such se-j 
curities as may be agreed upon to secure the due return 
of any loans so made b} r the said corporation, for the pur-' 
poses in this act contemplated. 

vacancies fined § 5. In case of the death or resignation of any oi' the 
persons herein named, such vacancy or vacancies shall be 
filled by the ministers and elders composing the synod of 

, for the time being, at their regular annual m 

And every other vacancy or vacancies, happening at any 
time during the continuance of this corporation, shall, from 
time to time, be filled as aforesaid ; and the person or per-3 
sons so appointed as aforesaid, shall hold and enjoy the 
same privileges as are conferred upon the persons now in- 
corporated by this act. 
Approved Feb. 12, 1853. 



in force Feb. 8, AN ACT to amend an act entitled "An net In authorize the (own of Oqnawka 
1853. to subscribe to the capital stock of certain corporations therein named." 

Section 1. Be it enacted by the people of the sti ' oh 
Illinois, represented inthe General Assembly, Thattl 

special tax. of Oquawka, by its president and trustees, be and is hereby 
fully authorized and empowered to levy and collect a 
tax off of and from the real estate situated within the 



**f* 1853. 

; corporate limits of said town, winch are hereby declared 
to extend one mile each way from the court house in said 
j town, except on the side of said town bounded by the Mis- 
t sissippi river, to any amount not exceeding ten thousand 
dollars; which said tax when so collected shall be applied Proceeds to be 
in the construction of the Oquawka and Washington plank applled - 
road and ferry, opposite the said town of Oquawka, by and 
■tier the control of the president and directors of said 
plank road company. 

§ 2. When any person shall present to the said presi- Persons entitled 
dent and directors of said plank road company the sum of fif- t0 8tock - 
ty dollars in such tax receipts so paid, the person so presen- 
ting the same shall be entitled to one share of the capital 
stock of said plank road company, and shall receive a cer- 
tificate therefor. 

§ 3 - All tax receipts taken for taxes herein provided Personal property 
tor, are hereby declared to be personal property and made 
transferable by indorsement thereon, by the holder or holders 
of the same : Provided, that this act and every thing herein Proviso. 
contained, shall be submitted to a vote of the free holders 
residing within the corporate limits of. the said town of 
Oquawka, and if a majority of such voters shall cast their 
votes against this act, then and in that case this act and 
all things therein contained shall and are hereby declared 
to be inoperative and void, but if a majority of such votes 
so cast shall be in favor of the adoption of this act, then 
the same shall be in full force and operation from the time 
sucn vote shall be so taken. The taxes herein provided Taxes, how c- 
tor shall be collected by the sheriff for the time beino- of lectcd - 
Henderson county, under the same restrictions and powers 
as the state and county revenue is now collected by the 
laws of this state. 

§ 4. The assessment herein provided for shall be made lament 
on the assessment for state and county purposes for the 
year A. D. one thousand eight hundred and fiftv-three. 
I § o. The president and trustees of the said town of Notice of election 
Uquawka shall, upon request of any five free holders resi- 
ding within the said town, made in writing, immediately 
give notice of the time and place of said election, by pub- 
lishing said notice in the newspapers printed in said town *o«ce t, 
and by posting up at least ten written or printed notices en " 
thereof; which said notices shall be given for at least twenty 
days before said election. The said president and trustees 
shall appear at the time of said election and act as inspec- 
tors thereof, under such order as the said board may make 
Approved February 8, 1853. 



Violation, 
punished 



1853. % ? 4 

m force Fob. 12, AN ACT to prohibit the killing of certain wild p;ame in certain counties 
1853. therein named, at certain seasons of the year. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That it shall 
urn™™ to tin be unlawful for any person to kill any deer, fawn, prairie 
gwne ' hen or chicken, quail, woodcock or wood partridge be- 

tween the first day of January and the twentieth day of 
July of each year, in the counties of Lake, McHenry, 
Boone, Winnebago, Ogle, DeKalb, Kane, DuPage, Cook, 
Will, Kendall, La Salle, Grundy, Stephenson and Sanga- 

§ 2. Any person who shall wilfully violate any of the 
provisions of this act, shall forfeit and pay a fine j>f fifteen 
dollars for each deer or fawn so wilfully killed, and lor all 
other wild animals above enumerated, the sum of five dol- 
lars for each so unlawfully killed, to be sued for and re- 
covered before any justice of the peace, in an action of; 
debt, or before any court having jurisdiction thereof, one 
half of which penalty shall go to the complainant, and the 
other half to the county treasury; the action to be brought 
in the name 'of the county where such offence shall be, 
committed. 

Approved February 12, 1853. 



in force Feb. 12, AN ACT in regard to indexes of records, of deeds, mortgages, and other 
1853. instruments. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in all 
Duty of county the counties of this state when the indexes to records ol 
'" nU deeds, mortgages and other instruments in the recorder s 

office have not been made in accordance with chapter 
eighty-seven of the Revised Statutes, or the first section ot 
an^act amendatory thereof, approved March first, 1847, or 
in any county wherein the indexes have been so imperfect- 
ly and defectively done, that in the opinion of the county 
court or board of supervisors of any such county, new 
indexes should be made, that in any such case said court 
are hereby authorized and required to enter an order on 
their records, stating that new indexes should be made, 
and on the entry of any such order it shall be the duty of 
the recorder of any such county to cause an index to be 
made in accordance with the provisions of the act amen- 
datory of chapter eighty-seven of the Revised Statutes, ap- 



? 55 1853. 

proved March first, 1847, and for which index he shall be 

allowed the same compensation as is by said act of first compensation; 

March, 1847, allowed. 

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

Approved February 12, 1853. 



AN ACT concerning the descent of property in this state. In force ,, cb n 

1853. ' ' 

Section 1. Be it enacted by the people of the state of 
Illinois, rejiresented in the General Assembly, That the 
rule of descent of all property, of whatsoever kind or na- 
ture, real and personal, of any bastard or illegitimate per- erty? t0f Pr ° P " 
son dying intestate in this state, or leaving property and 
effects therein, shall be as follows, to wit: On the death of 
any such person intestate, his or her property, estate and ef- 
fects shall descend to and vest in the widow or surviving 
husband and children, as the property and effects of other 
persons in like cases. In case of the death of any such il- 
legitimate person, leaving no children or descendant of a 
child or children, then the whole property and estate, rights, 
credits and effects shall descend to and vest in the widow 
or surviving husband. In case of the death of any such 
illegimate person, leaving no widow, surviving husband or 
descendants, then the property and estate of such person 
shall descend to and vest in the mother and her children 
and their descendants, to the mother one-half, and the other 
half to be equally divided between her children and their 
descendants, the descendants of a child, taking the share 
of their deceased parent or ancestor. In case of the 
death of any such illegimate person, leaving no heirs as 
above provided, then the property and effects, of whatsoever 
kind or nature, shall pass to and vest in the next of kin to 
the mother of such illegitimate person, in the same man- 
ner as the estate of a legitimate person would by the laws 
now in force pass to the next of kin. 

§ 2.^ No property of any illegitimate person hereafter 
dying intestate in this state shall escheat to the state, ex- 
cept in default of heirs as in this act provided. 

Approved February 12, 1853. 



Sheriff to make 
deeds. 



1853. 20& 

m force Feb. 12, AN ACT to amend the revenue laws of this state. 

1S53. 

preamble. Whereas doubts have arisen as to whether the sheriff or 
treasurer of counties that are organized under the town- 
ship organization law should execute deeds for lands sold 
for taxes in said counties: and whereas, deeds for lands 
sold for taxes in said counties: and whereas deeds for 
lands sold for taxes have been executed some times by 
sheriff, and some times by county treasurer; therefore, 
Section 1. Beit enacted by the people of the state of 
Illinois, represented in the General Assembly, That all 
Deeds valid. deeds heretofore executed by any sheriff or county treas- 
urer of the proper county for lands sold for taxes in coun- 
ties that have adopted the township organization shall be 
as valid and effectual to pass the title to such land as if 
the same had been made by the proper officer. 

§ 2. In all cases where lands have heretofore been, or 
may hereafter be sold in counties organized under the 
township organization law, and deeds have not been made 
to the purchasers thereof, such deeds shall be made by the 
sheriff of the proper county at the time when by law such 
deeds should be made. 

Approved February 12, 1853. 



la force Feb. 10, AN ACT to amend section six of chapter one hundred and eight of the Ite- 
1853 ' vised Statutes of the state of Illinois, approved March 3d, A. D. 1845. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That sec- 
tion six in the one hundredth and eighth chapter of the re- 
vised laws of the state of Illinois be so amended that in 
addition to the grains therein mentioned, and for which 
weights and measures are therein provided, the following 
grains shall be added thereunto, and the bushel, when no 
special agreement shall be made between the parties, shall 
consist of the number of pounds as follows, to wit: field 
beans, fifty-six pounds; castor beans, forty-six pounds; clo- 
verseed, sixty pounds; flaxseed, fifty-four pounds; timothy, 
forty-two pounds; hemp seed, forty pounds; stone coal, 
eighty pounds. 

§ 2. This act shall take effect and be in force from and 
after the first day of April, A. D., 1853. 
Approved February 10, 1853. 



257 



1853. 



AN ACT conferring additional powers and jurisdiction on the county courts. toforoeFeb.il 



1853. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in 
addition to the powers and jurisdiction vested in the eoun- Addition now 
ty courts by the thirteenth section of the act entitled an erB ' 
act establishing county courts and providing for the elec- 
tion of justices of the peace and constables, and for other 
purposes, in all counties wherein township organization has 
been or may hereafter be adopted and in force, the said court 
shall have power to issue writs of ad quod damnum, and is 
hereby vested with jurisdiction over all proceedings had 
therein; which proceedings shall be had in manner and 
form and in accordance with the provisions of the seventy- 
first chapter of the Revised Statutes of 1845, and the or- 
ders and judgments of said court therein made shall have 
the same force and effect as the orders and judgments of 
the county courts in like cases in counties where town- 
ship organization has not been adopted. 

§ 2. Said writ may be issued and proceedings had at any wnt issued, 
regular term of said court holden for probate or county 
purposes. 

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

Approved February 11,1853. 



AN ACT to amend section six, chapter seventy-seven, of the Revised Statutes. Tn force Feb. 15 
entitled "Officers." 1853. 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General Assembly, That section 
six of chapter seventy-seven of the Revised Statutes be so 
amended as to read "that all clerks of courts of record in 
this state may appoint deputies, who shall severally take 
an oath for the faithful discharge of the duties of their 
offices, and for whose conduct the principal clerk shall in 
all cases be responsible/" 

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

Approved February 12, 1853. 



AN ACT to regulate appeals in certain cases. In force p#b# 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That in all 
cases where administrators or executors may hereafter de- 
17 



1853. 



258 



sire to prosecute an appeal from the judgment, decree, or 
order of any court or justice of the peace to the circuit or 
supreme court, or where they [may] prosecute writs of 
error or certiorari, the appeal, certiorari, or supersedeas 
bond, shall be conditioned to pay the judgment or decree, 
with costs, in due course of administration; in all other 
respects said bonds shall be in the form prescribed by law 
in other cases. 

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

Approved February 8, 1853. 



la force Feb. 8. AN ACT to amend chapter eighty-three, [Revised Statutes.] entitled "Prac- 
1853. ^ tice> „ 

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

Illinois, represented in the General •Assembly, That in all 

Process, how cases where suit has been or may hereafter be brought 

served. . . J i n i j 

against any incorporated company, process shall be served 
upon the president of such company, if he reside in the 
county in which suit is brought, and if such president be 
absent from the count} 7 , or does not reside in the county, 
then the summons shall be served by the proper officer by 
leaving a copy thereof with any clerk, cashier, secretary, 
engineer, conductor or any agent of such company found 
in the county, at least five days before the trial, if suit be 
brought before a justice of the peace, and at least ten 
days [when] suit is brought in the circuit court. 

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

Approved February 8, 1853. 



;.i force Fcl 
1853. 



Creditor to 
Jail fees. 



AN ACT in relation to committals to jail upon writs of ra. sa. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General •flsse?nbly, That in all 
cases where any person shall be committed to the jail of 
any county upon any writ of capias ad respondendum, or 
capias ad satisfaciendum, issued in a civil suit, it shall be 
the duty of the creditor in such writ to pay the keeper of 
the jail the fees of the jailor or sheriff for receiving the 
same, and his board for one week at the time the debtor 
shall be committed to such jail, and before the jailor shall 
be bound to receive the debtor, and in default of such pay- 
ment, such debtor may be discharged from arrest: Provided, 



259 1853. 

that the officer having such debtor in charge shall'give rea- 
sonable notice to the creditor or his attorney that such 
debtor is about to be committed to jail on such writ. 

§ 2. Should such debtor be detained in jail under such Creditor to wi- 
writ for more than one week, it shall be the duty of such VBUC0jai11, '" 
creditor at the commencement of each week to advance 
and pay to such jailor or sheriff the board of such debtor for 
each succeeding week that such debtor may be detained 
in such jail, and in default of such payment in advance, 
said debtor may be discharged by such jailor or sheriff: 
Prodded, that in case such debtor shall not be .detained Proviso. 
in such jail for any week for which his board may have 
been paid in advance, the sheriff or jailor shall return to 
such creditor or his attorney the amount so advanced for 
and unexhausted in boarding. The discharge of any debtor 
under the provisions of this act shall be no discharge or 
satisfaction of the debt, damages or costs named in any 
such writ; but the same shall be in full force against the 
property and effects of said debtor. 

§ 3. The amount paid by any creditor under the pro- Amcmnttobejn _ 
visions of this act to the jailor or sheriff shall be indorsed dor3ed - 
by the same on the writ, and shall be charged against and 
collected of the debtor as part of the costs in the suit in 
which such writ issued, in the same manner as the debt, 
damages, and other costs named in such writ. 

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

Approved February 12, 1853. 



AN ACT to increase the compensation of grand and petit jurors. 



In force Feb. 1! 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That there 
shall be allowed and paid to grand and petit jurors, for compensate 
their services in attending circuit courts of the several creflsed - 
counties in this state, the sum of one dollar and fifty cents 
per day for every day necessary in attending courts as 
aforesaid as such jurors, and also the same mileage now al- 
lowed by law, and sucli additional compensation as the 
county courts and boards of supervisors of the several 
counties, by annual order entered upon their records, may 
think proper to allow. 

§ 2. This act shall take effect and be in force from and 
after its passage, and all laws in conflict with this act be 
and the same is hereby repealed. 

Approved February 12, 1853. 



1853. 260 

In force Feb. 12, AN ACT regulating the assessment and collection of certain taxes omitted 
1S53 - in former assessments. 

Section 1. Be it enacted by the people <f the state of 
Illinois, represented in the General Assembly, That in all 

imty of auditor, ca ses where any tax for state or special purposes has been 
omitted to be levied and collected in any county in this 
state, the auditor shall charge said county with the amount 
of such tax, together with six per cent, interest thereon, 
from the time such tax should have been paid, and shall no- 
tify the collector thereof, stating the amount so charged ; 

collector. and it shall be the duty of said collector to pay the same 

into the treasury when he pavs the state tax for the year A. 
D. 1853. 

Authorized to § 2. The counties failing to levy and collect taxes as 

levy and collect aforesaic | &re j lere k y authorized and empowered to levy 

and collect an amount of tax equal to the sum that they are 

proviso. required by this act to pay into the state treasury : Provi- 

ded, that if such taxes have been levied on the assessment 
for the year 1852, then such tax shall be paid over by the 
collector when he settles for the taxes of said year 1852 ; 
and in all cases when such tax has been advanced and paid 
into the state treasury by the collector, the auditor shall 
direct the amount so advanced, and the interest thereon, 
[to] be refunded and paid to the collector who may have 
advanced and paid the same. 

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

Approved February 12, 1853. 



m force Feb. 10, AN ACT in relation to certain records. 

1853. 

Section 1. Be it enacted by the people of the stale of 

Illinois, represented in the General Assembly, That the 

clerk of the circuit court of Clark county be required to 

cierk of county ma ke out and keep a judgment docket of all judgments 

'udw dock- rendered in said court prior to the time of his taking 

<u charo-e of the said office of clerk, or which had not prior to 

that time been so docketed. 

§ 2. Said clerk shall in like manner make and keep an 

C ecutiln k docke X u execution docket of all executions, and the returns thereon, 

issued by the predecessors in office of the said clerk, or 

which had not been docketed, as required by law, prior to 

the said clerk taking charge of said office. 



261 1853. 



th f 3 ' 1 ? e i C *u nt J C0Ui ; t ° f , SaId C ° Unt y ° f CIai ' k Slial] P^ Compensa^ 
the .aid clerk the sum of eight cents for each judgment or 
execution so docketed as aforesaid. a 

§ 4. This act to be in force from and after its passage 
Approved February 10, 1853. 5 



AN ACT to authorize the town of Metropolis, in Massac county, to «rant in force Feb i<> 
certain lots therein named. - ' 18 5 3 1( ' 

Whereas the proprietors of the town of Metropolis, in Mas- Preamble, 
sac county, have heretofore conveyed, for the use of said 
town, certain lots therein, known as lots No. 407 and 408, 
in block No. 33; and whereas a majority of the leo-al 
voters thereof have petitioned for a grant of said lots "by 
me trustees of said town to the trustees of the Methodist 
Episcopal Church, for the purpose of erecting thereon a 
house of public worship; therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That theses to co- 
trustees of the said town be and thev are hereby author- vey certain lots - 
ized and empowered to convey, by deed, in fee simple or 
otaerwise, the said lots No. 407 and 408, in block 33, in 
said town, to the said trustees of the Methodist Episcopal 
Unurch, and to their successor^ in office, for the purpose of 
erecting thereon a house of public worship ; and such con- 
veyance, when made, shall be good and valid for the pur- 
poses^ therein specified. 

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

Approved February 10, 1853. 



AN ACT to provide for the support of paupers in Bureau and McHenry m force in 

counties. 1853 , 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General Assembly, That the 
several townships in the counties of Bureau and McHenry CollIltle , of Ba 
be and they are hereby empowered to support all paupers reau an '° *"- 
residing within their respective limits out of the treasury ERoSi*" 
thereof: Provided, that at the next election for township 
officers, to be held in the several townships in said county "^ 
on the first Tuesday of April next, a majority of the leo- a l 
voters of said county, voting at said election, shall vote & in 



1853. 262 

favor of such separate township support; which vote shall 
be by ballot, written or printed, or partly written or partly 
printed, for "township support" or "against township sup- 
port;" which shall be canvassed and returned in the same 
manner as in cases of elections for county officers. 
Duty of county § 2 - ^ s ^ ia ^ De ^ le duty °f ^ ie clerk of the county 
• lerk - court of said counties to give notice of the said election in 

the same manner as is provided for giving notices of gen- 
eral elections. 
separate town- § 3. That in case separate township support shall be 
ships. adopted in said county agreeably to the provisions of the 

overseer of the ^ rs ^ sec ti° n of this act, then the overseers of the poor of 
poor. the several townships aforesaid shall take charge of, main- 

tain and support the poor of their respective townships in 
manner as is now or may hereafter be provided by law; and 
all expenses incurred for such maintenance and support, 
shall be considered a township charge, and it shall be the 
duty of said overseers to present to the board of township 
auditors of their respective townships, at each regular meet- 
Accounts. ing thereof, a true account of all expenditures incurred 

under the provisions of this act, which shall be audited 
and paid. 
provision of stat- § 4. That the provisions of section fourteen, fifteen and 
sixteen, of chapter eighty, of the Revised Statutes, entitled 
"Paupers," shall apply to and operate as between the several 
townships of said county, in the same manner as they do 
between the several counties of this state ; and if any per- 
son shall become chargeable in any township in said county 
who has not resided in said county thirty days, then the 
overseers of the poor having such pauper in charge shall 
give notice thereof to the county clerk of said counties, 
whose duty it shall be to give notice thereof to the author- 
ities of the proper county as in other cases ; and the ex- 
penses of taking care of such pauper, when received from 
such foreign county, shall be paid into the treasury of the 
proper township. This act to take effect from and after its 
passage. 

Approved February 10, 1853. 



u to to apply. 



in fqree Feb. 32, AN ACT to extend the jurisdiction of the county court of Lake county. 
1S53. 

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

Illinois, represented in the General Assembly, That theju- 

J tended. ^ cx ~ risdiction of the county court of Lake county is hereby so 

extended that said court shall have concurrent jurisdiction 

with the circuit courts of this state, of all matters and suits 



263 1853. 

at common law or by statute, except actions of ejectment 
within said county, where the amount in controversy shall 
not exceed five hundred dollars, and shall have exclusive 
jurisdiction of all misdemeanors, punishable by fine only, 
not exceeding one hundred dollars. 

§ 2. The process of said court shall be issued and ex- Process. 
ecuted in the same manner as the process of the circuit 
courts, and the rules, proceedings and practice, not herein 
otherwise provided for, shall conform, as near as may be, 
to the rules, proceedings and practice of the circuit courts 
of this state, and all orders and judgments of said court 
shall have the same lien upon real and personal estate, and Judgment .to t»> 
shall be enforced and collected in the same manner, as or- 
ders and judgments rendered or made in the circuit courts 
of this state. 

§ 3. Appeals and writs of error may be prosecuted Appeals and writs 
from ail final orders and judgments of said court to the cir- f>t or 
cuit court of said county (except in cases of judgments con- 
fessed,) in the same manner as appeals and writs of error 
are prosecuted from the circuit courts of this state to the 
supreme court, but no writ of error shall be granted unless 
the same shall be applied for within six months after the 
rendition of the order or judgment complained of. 

§ 4. The proceedings and practice in taking and pros- Appeals and wrHe 
editing such appeals and writs of error, shall be the same te^sam" ^^ 
as are provided in cases of appeals and writs of error from circuit courts - 
the circuit courts to the supreme court of this state, ex- Except. 
cepting that the writs of error shall be allowed by the judge 
of said circuit court ; and in hearing and rendering judg- 
ments upon said appealed cases and cases in error, s >id 
circuit court shall be governed by the same rules as the 
supreme court upon the trial of appeals and writs of error : 
Provided, that in all appeals from said court to the saidproviso. 
circuit court, the appellant shall lodge in the office of the 
clerk of the circuit court an authenticated copy of the re- 
cord in said cause on or before the first day of the next 
term of said circuit court. 

§ 5. All appeals from decisions of justices of the peace Appeals. 
of said court shall be taken to said county court: Provi- p r0 viso. 
ded, that when a term of the circuit court of said county 
shall intervene between the taking of any such appeal and 
the next term of said county court, it shall be optional with 
the appellant to take his appeal either to said circuit or 
county court. 

§ 6. There shall be four terms of said court held in xumberofteriLs 
each year for the transaction of the business, with the ju- 
risdiction whereof it is hereby vested, and also such other 
business as said court is by law authorized to transact; 
which said terms shall commence on the second Mondays Terms to com- 
of April, July and October, and on the fourth Monday of ' 



1853. 264 

Jarniary in each year, and each term shall continue until 
all the business before the same is disposed of — said terms 
to be held atWaukegan, in said county, in a building to be 
provided by the board of supervisors of said county ; but 
no terms hereby provided for shall be held to change the 
regular terms of said court now provided by law. 

Power of judge. § 7- The judge of said court shall have power to pre- 
scribe, by rules to be entered upon its records, the man- 
ner in which judgments by confession and default may be 
entered in vacation, and all judgments entered in pursu- 
ance of such rules shall take effect from the time of such 
entry, and have the same force and effect as if they had 
been entered in term time. 

Grand and petit § 8. The grand and petit jurors of said court shall be 

jurors. selected by the board of supervisors of said county in the 

manner provided by law for the selection of jurors for the 
circuit courts, and shall possess the same qualifications and 
be liable to the same penalties and punishments, have the 
same benefit of the same excuses and exemptions, shall 
take the same oaths and possess the same powers, and be 
governed in all their proceedings in the same manner as is 
prescribed, allowed and imposed in the case of jurors in 
the circuit courts. 

^ 9. The clerk, jurors, sheriff and other officers of said 
court, shall receive the several fees and compensations that 
now are or hereafter may be allowed for similar services 
in tiie circuit courts of this state, to be received, collected 
and paid in like manner as such fees now or hereafter shall 
be. 

shaii pay to cierk § 10. Upon the commencement of every suit in said 
prooe8s court, the plaintiff in such suit, before the process shall be 
issued; shall pay to the clerk of said court the sum of two 
dollars , and upon the taking of each appeal from the deci- 
sion of a justice of the peace, whether bond be filed with the 
justice of the peace or the clerk of the said court, the sura 
of one dollar shall be first paid by the party taking such 
appeal, before the same shall be allowed ; and before any 
judgment shall be entered by confession, if the amount of 
said judgment shall be for a sum less than fifty dollars, there 
shall be paid to the clerk the sum of seventy-five cents; if 
the judgment shall be for a sum exceeding fifty dollars and 
not more than one hundred dollars, there shall be paid to 
said clerk the sum of two dollars ; and if the amount of 
said judgment shall exceed one hundred dollars and not 
more than three hundred dollars, there shall be paid to said 
clerk the sum of three dollars; and if the amount of said 
judgment shall exceed three hundred dollars, there shall 
be paid to the said clerk the sum of four dollars — which 
sums so paid shall be by the clerk of said court paid over 
to the judge thereof, at the expiration of each quarter du- 



I i.'fYin; 



265 1853. 

ring each year, and it shall be the duty of each justice of 

the peace to make out and furnish to the judge of said Furnunnstofap- 

court, on the first day of each term, a list of all appeals 

granted by said justice of the peace to said court, and shall, 

at the same time, pay over to said judge all sums of money 

received by him in granting such appeals. 

6 11. Said county court shall also have exclusive iu- Exclusive juris- 

•> ... •* diction* 

risdiction of all applications for writs of ad quod damnum, 
under the provisions of chapter eighty-one of the Revised 
Statutes of this state. Petitions of guardians to sell real 
estate of wards, and also of petitions for partition of real 
estate held by joint tenants or tenants in common, and up- 
on the filing of said petitions or applications, and also upon 
the petitions of all executors or administrators for leave to 
sell real estate of deceased persons, the person filing the 
same shall pay to the clerk the sum of one dollar and fifty 
cents ; and also upon the issuing of all letters of guardian- 
ship, letters testamentary and of administration, and of all 
citations and attachments in probate business, the person 
applying therefor shall pay to the clerk the sum of fifty 
cents; all of which sums, so paid to said clerk, shall be 
paid over to the judge of said court at the expiration of 
each quarter during each year. 

§ 12. The amount required by the tenth and eleventh Taxed as costs. 
sections of this act to be paid to the clerk of said county 
court upon the commencement of suit, confession of judg- 
ment, taking of appeal, filing of petition or application, or 
issuing of writs or letters, shall be taxed as costs in such 
proceeding or suit, and collected against the losing party, 
as other costs are. 

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

Approved February 12, 1853. 



AN ACT to define and settle permanently the line separating the counties in force Feb. 10, 
of Hamilton and Saline and the counties of White and Gallatin. 1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
section line running: east and west through the centre of Do » ndar >' line f or 

, . Ri . ~ ° . , . revenue purpc- 

townslnp seven south, in range five, six, seven, eight, nine ses. 
and ten, east of the third principal meridian, shall consti- 
tute and stand for the county line dividing said counties, 
for revenue and all other purposes. Said line shall com- 
mence at the southwest corner of section eighteen, in town- 



1853. 266 

ship seven south, in range five east, and shall run thence 
due east along and with the section line to the little Wa- 
bash river. 

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

Approved February 10, 1853. 



In force Feb. 10 AN ACT to repeal a portion of an act entitled "An act to relocate certain 
1853. portions of state roads therein named." 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That so 
state road estab- much of section first of an act entitled "An act to relocate 
certain portions of state roads therein named," approved 
June 23, 1852, as can be so construed as to vacate that 
portion of a state road leading from the northeast corner of 
section seven ;7.) township No. thirty-four north, range 
one, east of the third principal meridian, to the city of La- 
Salle, be and the same is hereby repealed, and the said 
road is hereby revived and continued in full force and ef- 
fect. 

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

Approved February 10, 1853. 



In force Feb. io, AN ACT to change a portion of a state road from Rushville to Carthage. 
1853. 

Section 1. Be it enacted by the people of the stale of 
Illinois, represented in the General •Assembly, That the 
state road leading from Rushville to Carthage be so 
^road'changedf 6 changed as that from the centre of the public square in the 
town of Plymouth said road shall run due north until it 
strikes the township line, thence west until it connects 
with the road as now located, and that so much of the ex- 
isting road as is affected hereby be declared vacant. 

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

Approved February 10, 1853. 



267 1853. 

AN ACT to relocate a part of the state road leading from Farmington, in Id force Feb. 14, 
Illinois, to Burlington, in Iowa. 18&3 - 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Peter 
Butler and Truman Eldridge, of Warren county, and R. W. commissioner.. 
Ritchey, of Henderson county, be and they are hereby ap- 
pointed commissioners to view and relocate that portion of 
the state road leading from Farmington, Illinois, to Burling- 
ton, Iowa, contained within the following boundaries, as fol- 
lows, to wit: Commencing at the northeast corner of the Boundaries, 
southwest quarter of section No. seven (7,) township No. 
nine (9 ) north, of range No. three (3) west; thence run- 
ning north of west until it strikes the southeast corner of 
Frederick Davidson's meadow, on the northeast quarter of 
section No. 12, township 9 N., 4 W.; thence south of the 
house of said Davidson, to the northwest corner of said 
northeast quarter of section No. 12 ; thence due north one 
half mile ; thence due west one mile ; thence north one 
half mile, to the township line between townships 9 and 10 
north, 4 west; thence west, on the township line, to the 
southwest corner of the southeast quarter of section No. 
32, township No. 10 north, range 4 west ; thence in a south- 
west direction until it intersects the old road. 

§ 2. That the several commissioners named in this act to view and reio- 
may proceed on or at any time after the first Monday of 
March next, to view and relocate that part of the state 
road herein named, and shall be allowed a fair compensa- Compensation# 
tion for their services, out of the county treasury of the 
county wherein they may respectively reside. 

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

Approved February 14, 1853. 



AN ACT to relocate a certain state road therein named. In force Feb. 10, 

1863. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That Devet 
Higgins, William T. Reed and James Hadley be and they commissioners. 
are hereby appointed commissioners to relocate so much 
of the state road leading from Springfield to Ottawa as runs 
through Alfred Phillips' land, it being the northeast quar- 
ter of section number two, town twenty-five north, of range 
three, west of the third principal meredian, in Tazewell 
county : starting on said road east of said Phillips' house, 
and running a northeasterly direction so as to strike the 



1853. 



268 



county road leading from Washington to Maekinawtown, 
northeast of a pond that is on or near a line dividing the 
north and south half of said quarter section ; thence run- 
ning north, on the line between said Phillips and Thomas 
Cooper, to or near the Jefferson school house lot; thence 
northwesterly so as to strike the said state road. at Peter 
Strape's lane. 

§ 2. The said commissioners, or a majority of them, 
appointed to relocate the part of the road in this act named, 
shall meet on or before the first Saturday in April next, or 
as soon thereafter as possible, at the house of Alfred Phil- 
lips, in Tazewell county, and take an oath before some 
justice of the peace of said county well and truly to per- 
form the duties required of chem by this act. 

§ 3. When the commissioners shall have reviewed the 
said grounds, and shall have relocated said road, it shall 
be their duty to make out a plat of the road so relocated 
and lay the said plat before the board of supervisors of 
Tazewell county, as soon as practicable after the comple- 
tion of the same ; and the road so relocated is hereby de- 
clared the state road. 

§ 4. The said plat shall be evidence hereafter in all 
courts of record in this state; and it shall be the duty of 
the board of supervisors in said county to cause the said 
plat and report to be recorded in their office. 

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

Approved February 10, 1853. 



in force Feb. li, AN ACT to relocate parts of state roads and view and locate another therein 
1853 - mentioned . 



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

Illinois, represented in the General ^/isseinbh/, That Jo- 
commissioners. seph O. Glover, Milton H. Swift and Lucien P. Sanger, or 
a majority of them, be and they are hereby authorized to 
relocate the state road leading from the west end of Madi- 
son street, in the town of Ottawa, in the count} of La- 
Salle, west, to the centre of section ten, township thirty- 
three north, of range three cast — the same to be relocated 
on the north side of the quarter section lines — and to view, 
survey and locate a public road from thence to the street 
or public highway on the north side of section sixteen, in 
the same township and range, between lots three and four, 
in said section. The said roads shall be relocated and laid 
out one hundred feet wide. 



269 1853. 

§ 2. The said commissioners, or a majority of thfera, power to relocate 
I shall also have power to relocate the public road leading 
from Ottawa to Troy Grove, ordered to be surveyed, re- 
viewed and reported on by the county commissioners' court 
of said La Salle county, on the 1st day of September, 1834, 
and established by said court on the 11th day of March, A. 
D. 1835, so as to make said road follow the line of the road 
and street in the first section mentioned, and cross the Illi- 
nois and Michigan canal, in a northerly and southerly di- 
rection, at the centre, east and west, of said section ten : 
Provided, that the relocation of said road shall in no wise Proviso. 
impair the right of the people or any person or persons to 
compel the erection of a bridge over said canal by the trus- 
tees of the same, as now required by law, at the point 
where the same shall intersect said canal, as relocated un- 
der this act; and the relocation of said road under this 
(act shall have the same force and effect, in all respects 
whatever, in all courts and proceedings, as if the same had 
been originally located at the place where the same shall 
have been located under this act. 

§ 3. The said commissioners, or a majority of them, to meet. 
shall meet on the second Monday in April next, at 10 
o'clock A. M., at the office of the said Milton H. Swift, in 
Ottawa, and take an oath before some justice of the peace, 
or other person authorized to administer oaths, well and Take oath, 
faithfully to perform the duties required of them by this 
act, and proceed to the performance of such duties. In 
case the said commissioners shall not meet on that day they 
may meet at any other time and perform the said duties. 

§ 4. The said commissioners shall make out a plat oriomakepiateana 
plats of said road as located and relocated under this act, ffletheni - 
certify to the same, and file them with the county clerk of 
said county, who shall record the same on the records of 
the proceedings of the board of supervisors of said county; 
which record, or a certified copy of the same by the said Copy to be evi- 
clerk, shall be evidence, in all courts and proceedings, of dence - 
the location and relocation of said roads. The said com- 
missioners shall also assess the damages, if any, that any Assess damage,. 
and all persons may sustain by reason of the location or re- 
location of such roads, and report the same as above. 

§ 5. This act shall be in force from and after its pas- 
sage. 

Approved February 11, 1853. 



1853. 270 

in force Feb. 12, AN ACT to confirm the late survey of the town plat herein named. 



ISM. 



Survey vacated. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
late survey of the town of Mt. Carroll, in the county of 
Carroll, made by Elijah Funk during the summer of the 
year A. D. 1852, be and the same is hereby confirmed, 
and a plat thereof, when duly acknowledged and recorded, 
shall be deemed valid as the original survey of said town. 

§ 2. That the former survey, made by Warner, in the 
year A. D. 1843, be and the same is hereby vacated. This 
act to take effect from and after the passage of this bill. 

Approved February 12, 1853. 



la force Feb. 12, AN ACT to establish certain roads therein named. 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That a state 

sute road loca- r0 ad be located in the county of Adams, sixty-six feet in 
width, commencing on the south line of the north half of* 
the southwest quarter of section thirty-five, in township 
one, south of the base line, and in range nine, west of the' 
fourth principal meridian, at the centre of the north end of 
Front street, in the city of Quincy, and running thence 
northwesterly in a direct line to the northwest corner of' 
the said half quarter section of land — one half of the width 

proviso. of said road to be located on each side of said line: Provi- 

ded, that the Northern Cross Railroad Company shall have 
the right to construct and use their railroad on, over and 
along said road, with as many tracks, side tracks and turn- 
outs as convenience in the transaction of their business may' 
require. 

Commissioners. § 2. That Thomas Killian and Thomas Taylor, sen., 
of the county of Adams, and Henry Brinneman, of the 
county of Hancock, be and they are hereby appointed com- 
missioners to view, mark out, survey and locate a state 
road, the usual width of other state roads, from Lima, in 
the said county of Adams, to Chili, in the said county of 
Hancock, commencing on the Main street in the said town 
of Lima, running thence, on the nearest and most eligible 
route, to Woodville, in the said county of Adams, and 
thence to the said town of Chili. 

,,,„.„. § 3. Said commissioners, or a majority of them, shall 

meet at the town of Lima aforesaid, at any time within six 
months after the passage of this act, and shall proceed to 
locate the said state road from Lima to Chili in the second 



271 



1853. 



section of this act provided for: and for that purpose they 
shall be authorized to employ one surveyor, two chainmen, Rmplov survevor 
one axeman, and such other persons as maybe deemed ne- amiotue rs- 
cessary ; and shall be and are hereby vested with full pow- 
er and authority to do and perform all such acts and things 
as may be required for the location and establishment of 
said road. When located they shall make out their report Mate report and 
in writing, accompanied by the surveyor's plat of said road, flIec °py- 
and shall file a copy thereof with each of the clerks of the 
county courts of Adams and Hancock counties, who shall 
enter the same of record in their respective offices ; and 
said state road shall thereafter be worked and kept in re- Kept in repair. 
pair as other state roads. 

§ 4. Should any damage be claimed by any person or Damage assessed. 
persons, in consequence of said road passing over his, her 
or their lands, the same shall be assessed in the manner 
now provided by law, and each of the said counties of Ad- 
ams and Hancock shall pay said damage, in proportion to 
the length of said road in each of said counties respectively. 

( § 5. Said commissioners shall be allowed for their ser- compensation. 
vices in the location of said road,- each one dollar and fifty 
cents per day, said surveyor two dollars per day, and said 
chainmen, axemen, and other persons employed, each one 
dollar per day; to be paid by the counties of Adams and to "be paid by 
Hancock respectively, in proportion to the length of said ^HE&E"" 
road in each of said counties ; the said commissioners first 
certifying to the county courts of said counties the number 
of days themselves and others were engaged in locating 
said road, and such other expenses as they may have rea- 
sonably incurred in the location of said road; which shall 
also be paid as aforesaid. 

§ 6. That a state road shall be and is hereby establish- state 
ed in the county of Adams, commencing where Main street, 
in the city of Quincy, in said county, terminates, at the 
eastern line of said city, running thence east, parallel with 
the lines of said Main street, on the present highway used 
as a road, to the angle of said road, east of Mission Insti- 
tute, or East Quincy, commonly so called ; thence north on 
said road to a point in the centre of the road at present 
used as a highway, running east and west in front of the 
residence of I. N. Morris; thence east on said road 117.80 
chs ; , S. 79°, E. 250 chs., east 9 chs., N. 75°, E. 1.85 chs., 
E. 50 chs., to qr. sec. corner on south line sec. 33, T. 1 
S., 8 west, 4th principal meridian; north, along the legal sub- 
division line between the S. E. and S. W. quarter sections 
of said section, to the centre corner of said section ; north, 
on a compromise line between the lands of John Sharp and 
Arthur Parvin, to the north line of said section ; W. 75 
links, to the original qr. sec. corner; north 10.00 chs., to a 
point 1.00 chs. N. of Berriam's N. E. corner; N. 57 u 12' 



road estab- 
lished. 



1853. 272 



east 21.46 chs. to a white oak 22 inches in diameter, north 
44° 53', E. 27.83 chs., N. 78° 10', E 0.00 chs. to a white 
oak, 22 inches in diameter, from which a white oak, 12 inch- 
es, bears S. 64, E. 81 links, N. 80°, cost 25.00 chs., D. W. 
0.18 inches, N. 68°, E. 20.75 chs , a forked white oak, 
each fork 12 inches in diameter, N.53 °, E. 15 chs., a white 
oak, 18 inches in diameter, and a ho :re bears N. 57?° E., 
N. 862° E., at 1 eh., a creek 5 links wide, at 7.87 chs., a 
black oak 20 inches, from which a white oak 18 inches in 
diameter bears N. 22 2 °, W. 114 links, N. 7H°, E. 10.00 
chs., a white oak 16 inches bears S. 24°, E. 67 links, N. 
78.55°, E. 14.50 chs., a white oak 12 inches diameter bears 
N. 44°, W. 139 links, N. 58° 50', E. 18.58 chs. to qr. sec. 
corner on N. line of section 26, east 16.00 chs., S. 60°, E. 
4.45 chs., N. 75^°, E. 17.00 chs., S. 62°, E. 4.50 chs., to 
N. E. corner of section 26, in said township 1 S., range 8, 
W. of the 4th principal meridian; and thence, following 
the old survey, to the bridge on Big Mill creek. Said state 
road, commencing at the aforesaid point opposite the resi- 
dence of I. N. Morris, shall be and is hereby continued 
west on the highway now used to the range line between 
townships eight and nine, west of the fourth principal me- 
ridian, in the said county of Adams: Provided, nothing 
herein contained shall so operate or be so construed as 
to alter or change from its present limits, and as at present 
used, the said road herein provided for from the point where 
the same commences at the termination of Main street, in 
the city of Quincy, until it reaches a point in said road as 
far east as the east line of the southwest quarter of section 
thirty-one, in township one south, of range eight, west of 
the fourth principal meridian, east of the aforesaid point in 
the centre of the road running east and west in front of the 
residence of I. N. Morris; it being the object and intention 
of this act to confirm and establish said road as at present 
used as a state road, and to confirm and establish as a. part 
thereof the road as at present used, running west of the 
residence of said Morris, until it strikes the range line be- 
tween townships eight and nine west aforesaid. 

Commissioners. § 7. William Slianahan, Henry Newton and James M. 
Seehorn, or a majority of them, are hereby appointed spe- 
cial commissioners to lay out and open so much of said 
road as lies east of the southwest quarter of section thirty- 
one, in township one south, of range eight, west of the 
fourth principal meridian, in the county of Adams ; and 
should they, or a majority of them, be of the opinion that the 
public convenience would be promoted thereby, they shall 

power to change have the power to change the direction of said road east of 

direction. _ F O . . . 

said southwest quarter ot section thirty-one, one south, 
eight west. Said commissioners, in opening said road, or 
so much thereof as they are required to open, shall cause 



*'d 1853. 

the same to be laid out the usual width of other state roads* 

and shall meet to perform the duty herein required of them 

at any time within three months after the passage of this 

act ; and shall be vested with full power and authority to 

employ a surveyor and such other person or persons asEm Il!ors . JrV€W 

they may deem necessary to lay out, establish and open 

said road, who, together with themselves, shall receive the condensation t. 

usual compensation allowed to persons employed in simi- be paW llv 

lar service ; to be paid by the county of Adams. Adams °° u " ,y - 

§ 8. Should any damage be claimed by any person or Damages. 
persons, in consequence of said road passing over his, her 
or their lands, the same shall be assessed and paid in the 
manner provided by law : Provided, no damage has here- Proviso. 
tofore been paid : And provided further, that as soon as 
said damage may be assessed, and the amount thereof ten- 
dered to the party or parties to whom the same is going, it 
shall be the duty of the said commissioners to forthwith 
open said road : And provided further, that either party 
may appeal to the circuit court in the same manner as is Appea , 
now allowed by law, except in this, that said appeal shall 
not obstruct, hinder or delay the opening of said road as 
required by this section. 

§ 9. Said commissioners, Shanahan, Newton and See- Make report ami 
horn, shall make out a report of their actings and doings in flle wltbcIm *- 
the premises, and file the same, together with a plat of the 
survey of said road, with the clerk of the county court of 
Adams county, who shall enter the same on record ; and 
said road shall thereafter be worked and kept in repair as 
other state roads. 

§ 10. That Joseph V. Thompson, R. E. Heacock and commi M ione«. 
Stephen M. Clark, be and are hereby appointed commis- 
sioners to view, mark and locate a state road from Henry, 
in Marshall county, to the town of Weathersfield, in Henry 
county, commencing at the northeast corner of out-lot No. 
13, in the town of Henry; thence to the northeast corner of 
the southeast quarter of section No. 8, in township No. 13 
north, of range No. 10 east; thence on a straight line to a 
point 40 rods due west of the northeast corner of section 
No. 36, in township No. 14 north, of range No. 9 east; and 
thence on, or as near as practicable, a straight line to the 
southwest corner of the northeast quarter of section 6, in 
township No. 14 north, of range No. 8 east; and from 
thence, as near as the ground will admit, on a straight line, 
to the town of Weathersfield, in Henry county. 

§ 11. That George T. Bell, John Ramsey and Thomas commfs*ion<? r .«. 
Patterson, be and they are hereby appointed commissioners 
to view and locate a state road from the town of Lacon, on 
the nearest and most practical route, via the head of 
Crow creek, to the Illinois Central Railroad, in the county 
of Woodford, having due regard to private property. 
18 



1853. 



274 



§ 12. Said commissioners named in said two preceding 
sections shall meet at some place in the county of Marshall, 
on or before the first of July next, at some point to be de- 
signated by them, and take an oath before some justice of 
the peace of the said county of Marshall faithfully to per- 
form the duties required of them by the two preceding sec- 
tions of this act. 

§ 13. When said commissioners shall have viewed the 
said route for said roads they shall proceed to have the 
same surveyed and marked out, ami shall also cause plats 
of the same to be made, and depo^ite one of the same with 
each of the clerks of the county courts of the counties 
through which said road may pass, and said county clerks 
shall record said plats. 

§ 14. Said roads, when so laid out, shall be and the 
same are hereby declared state roads, and shall be opened 
four rods wide, and kept in repair as other state roads ; and 
it is hereby made the duty of the road commissioners or su- 
pervisors of the respective counties to proceed immediately 
to open and keep the same in repair. 

§ 15. That Richard Gray, James E. Downing and Hi- 
ram Boyle, or a majority of them, be and they are hereby 
appointed commissioners to relocate so much of the state 
road leading from Quincy to Rushville as is obstructed by 
the Northern Cross Railroad, commencing at the northwest 
corner of the northeast quarter of section thirty-four, in 
the town of Honey creek; thence east, on the most direct 
and possible route, to Garrett's Mill, in the town of Camp 
Point; thence east, on the most direct route, to the village 
of Clayton. 

§ 16. That said commissioners, or a majority of them, 
shall meet on or before the first day of August next, after 
the passage of this bill, at the village of Clayton, and take 
an oath before some justice of the peace of Adams county 
well and truly to perform the duties required of them by 
this act. 



T . mill;' 1 plati 



s 

shall 



cS 17. When said commissioners, or a majority of them, 
have viewed the said ground and relocated said 



road, it shall be their duty to make out, or cause to be made 

out, a plat Of the road so relocated, and lay said plat before 

the board of supervisors of the county of Adams, as soon 

as practicable after the completion of, the same ; and the 

i^ciarci state road so relocated is hereby declared a state road, and shall 

T "**' be opened and kept in repair as other state roads. 

mi to be evi- § 18 - That said P lat sha11 be evid ence hereafter in all 

ueuce. courts of record in this state ; and it shall be the duty of 

the board of supervisors of Adams county to record such 

plat in the records of their office. 

Kun.ioFsurv.vor. § 19 - Said commissioners shall have power to employ 

a surveyor and such other persons as they may deem ne- 



275 1853. 

cesssary in and about the location of said road; and each Compensation, 
shall be allowed for their services one dollar and fifty cents 
per day ; said surveyor two dollars per day ; and such oth- 
er persons as said commissioners may employ, each one 
dollar per day; to be paid by the counties through which 
said road passes. 

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

Approved February 12, 1853. 



AN ACT requiring the towns in Kane county to support their own paupers, in force Feb. 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 



l'-.!i;>'--r.-.. 



Duty of overseer 

of the poor. 



several townships in the county of Kane be and they here- Townships to a** 
by are empowered and required to support all paupers po 
residing within their respective limits, out of the treasury 
thereof. 

§ 2. _ That the overseei of the poor of the townships 
aforesaid shall take charge of, maintain and support the 
poor of their respective townships in manner as is now or 
hereafter may be provided by law, and all expenses in- 
curred for such maintenance and support, shall be consid- 
ered a township charge, and it shall be the duty of said Townshjp ehar „ 
overseers to present to the board of township auditors of 
their respective townships, at each regular annual meeting 
thereof, a true account of all expenditures incurred under 
the provisions of this act, which shall be audited and paid 
as other township charges are audited and paid. 

§ 3. If any person shall become chargeable in any Residentsot oth- 
township of said county in which he or she did not reside ertownsW P s - 
at the commencement of the thirty days immediately prece- 
ding his or her becoming so chargeable, he or she shall be 
taken care of by the overseers of the poor of such township; 
and if such poor person was a resident of any other township 
of said county, within the thirty days aforesaid, then the 
overseer of the poor of the township having such poor per- 
son in charge, shall give notice to the overseer of the p or Notice - 
where such pauper resided as aforesaid, stating that such 
pauper became chargeable as a pauper, and requesting 
said overseer to remove said pauper forthwith, and pay the 
expenses incurred in taking care of him or her. 

§ 4. That the provisions of sections fourteen, fifteen Ravised statntea, 
and sixteen of chapter eighty of the Revised Statutes, en- cnti , t ) led "Pan- 
titled "Paupers," shall apply to and operate, as between the wrtain cMesV" 
several townships of said counties, in the same manner as 



Submitted to the 
legal voters. 



1853. 276 

they do between the several counties of this state. And if 
any person shall become chargeable in any township of said 
county, who did not reside in said county at the com- 
mencement of the thirty dajs as aforesaid, then the over- 
seer of the poor having such pauper in charge, shall give 
notice thereof to the authorities of the proper county, as 
nse. in other cases. And the expenses of taking care of such 

pauper, when received from such foreign county, shall be 
paid into the treasury of the proper township. 

§ 5. That at the annual town meeting held in said coun- 
ty next after the passage of this act, the legal voters of said 
county may vote upon the question whether this act shall 
become a law or not; which said question shall be submit- 
Notice. {.go! to be voted upon in the following manner, viz : In giv- 

ing notice of the annual town meeting in said county, it shall 
be the duty of the town clerk to state in said notice that said 
question will be submitted to a vote at such meeting, and at 
said town meeting said question be voted upon by ballot, 
votes canvassed, either written or printed, "For county support," "For town- 
ship support;" which said votes shall be canvassed and en- 
tered upon the minutes by the town clerk in the same manner 
as other votes cast at said town meeting, and the town clerks 
of the several towns, within twenty days after said town 
certificate oi meetings,shall make out and transmit to the clerk of the coun- 
judges ana cierk, t cour t f said county a certificate of the said judges and 
clerks of said elections, showing the whole number of votes 
given at said town meetings upon said question ; and if it 
shall appear that a majority of all the votes cast are in fa- 
vor of or for township support, then the foregoing provi- 
sions of this act, in relation to the support of paupers, shall 
be in force in said county, otherwise not. 
§ 6. This act to take effect immediately. 
Approved February 11, 1853. 



In force Feb. 10, 
1853. 



AN ACT to provide for the support of paupers in Kane county. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 

Townships to snp- several townships in the county of Kane be and they here- 

paupers! 1 ' ° W "by are empowered and required to support all paupers re- 
siding within their respective limits, out of the treasury 
thereof. 

Duty ot overseers § 2. That the overseers of the poor of the townships 

of the poor. aforesaid shall take charge of, maintain and support the 

poor of their respective townships in manner as is now or 

Township charge, may hereafter be provided by law, and all expense in- 
curred for such maintenance and support, shall be con- 



277 1853. 

sidered a township charge ; and it shall be the duty of said 
overseers to present to the board of township auditors of 
their respective townships, at each regular annual meeting 
thereof, a true account of all expenditures incurred under 
the provisions of this act, which shall be audited and paid 
as other township charges are audited and paid. 

5 3. If any person shall become chargeable in any Residentsot otn- 

•> K i * • l • i i iii -l er townships. 

township of said county in which he or she did not reside 
at the commencement of the thirty days immediately pre- 
ceding his or her becoming so chargeable, he or she shall 
be taken care of by the overseer of the poor of such town- 
ship, and if such poor person was a resident of any other 
township of said county within the thirty days aforesaid, 
then the overseer of the poor of the township having such 
poor person in charge shall give notice to the overseer of 
the poor where such pauper resides as aforesaid, stating 
that such poor person became chargeable as a pauper, and 
requesting said overseer to remove said pauper forthwith, 
and pay the expenses incurred in taking care of him or her. 

§ 4. That the provisions of sections fourteen, fifteen Revised statutes 
and sixteen of chapter eighty of the Revised Statutes, en- p^'Mo' apply 
titled ''Paupers," shall apply to and operate, as between in certain ca6CS - 
the several townships of said county, in the same manner 
as they do between the several counties of this state; and 
if any person becomes chargeable in any township of said 
county, who did not reside in said county at the commence- 
ment of the thirty days as aforesaid, then the overseers of 
the poor having such pauper in charge, shall give notice 
thereof to the authorities ot the proper county, as in other 
cases, and the expenses of taking care of such paupers, 
when received from such foreign county, shall be paid 
into the treasury of the proper township. 

Approved February 10, 1853. 



AN ACT to provide for annexing certain towns in Cook county to the coun- In force Feb. 12. 
ty of Kane. 1S53 - 

Whereas a majority of the voters living in the territory Preamble, 
comprising the towns of Hanover, Barrington, Palatine 
and Schauinburg, of the county of Cook, have petition- 
ed to be detached from said county and added to the 
county of Kane ; therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That that 
part of Cook county now known as constituting the towns Territory stricken 
of Hanover, Harrington, Palatine and Schaumburg, be aZ^dtoKa^ 
stricken from Cook county and annexed to the county of CuuntJ - 
Kane: Provided, that at the annual town meetings to be Proviso. 



1853. 278 

held on the first Tuesday of April next in the several towns 
of said counties the question be submitted to vote — in the 
county of Cook to vote for or against striking off said four 
towns from Cook county, and in the county of Kane to vote 
Provided further. ^ or or a g auis t annexing said four towns to Kane county: 
Provided further, that at said election a majority of all the 
legal voters of said county of Cook voting on the question 
shall be in favor of striking off said four towns from Cook 
county, and a majority of the voters of said Kane county 
are in favor of adding the said four towns to Kane county. 
vote by buiiot. § 2. The voting upon said question shall be by ballot, 
and the votes shall be received and canvassed in the same 
manner as is required for voting for town officers in article 
fifth of the township organization, [law] approved February 
D offlce°r f Md S S seventeenth, 1851. And it shall be the duty of the presiding 
officer and clerk of the town meeting of each and every 
town in said Cook and Kane counties to make returns and 
certify the result of the vote upon said question in their 
town to the clerk of the county court in their county, in the 
same time and manner, as near as the case will admit, as is 
required by section nineteen in the act entitled "An act to 
provide for the mode of voting by b-allot, and for the man- 
ner of returning, canvassing and certifying votes," appro- 
ved February 12, 1851. 

cierk of county § 3. The clerk of the county court of Cook county, 

™,"[ i t fic t a tc- mak0 immediately after ascertaining the result of said election in 
his county, shall make a certificate thereof, under his official 
seal, and transmit the same to the clerk of the county court 
of Kane county, and the latter shall enter the same upon 
the records of his court; and the clerk of the county court 
of Kane county shall, in like manner, make a certificate of 
the result of the said election in Kane county, and trans- 
mit the same to the clerk of the county court of Cook 
county, who shall enter the same upon the records of his 
court ; and at the next term of each of said courts after 
said election the clerks thereof shall enter upon their re- 
spective records the result of said election in their county. 

to be in force. § 4. This act shall be in force from and after its pas- 
sage ; and immediately thereafter a certified copy thereof 

secretaryof state shall be transmitted by the secretary of state to the clerk 
of the county court of each of said counties of Cook and 
Kane. 

Approved February 12, 1853. 



279 1853. 



AN ACT to authorize the county court of Fayette county to subscribe stock i n f or eo Feb. 8, 
in a certain road therein named. 1853. 

Section 1. Be it enacted by the people of the state, of 
Illinois, represented in the General Assembly, That the 
county court of Fayette county is hereby authorized to County court au- 
subscribe to the stock of the Okaw Bottom Plank Road lS^! ub ' 
Company to any amount not exceeding ten thousand dol- 
lars ; and such county shall be subject to all the liabilities 
and have all the rights of a stockholder, as provided by law. 

§ 2. This act shall take effec 
after its passage. 

Approved February 8, 1853. 



AN ACT authorizing the city of Belleville to issue bonds. In force Feb. 10, 

1853. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
mayor and aldermen of the city of Belleville shall issue issue bonds. 
bonds, from time to time, of one hundred dollars each, 
which, in all, shall not exceed fifty thousand dollars. Said 
bonds shall bear an interest notexceding ten per cent, per Rate of interest. 
annum, payable on or before the expiration of thirty years 
from the time they are issued, and be signed by the mayor 
and countersigned by the secretary or clerk of the board 
of aldermen. The said bonds ma}' be sold in any market, 
but not below par, and the proceeds of the sales of said 
bonds shall be appropriated by said board to improve the 
city of Belleville, and to erect a market house and other 
public buildings in said city. 

§ 2. The tax that may hereafter be collected in theP™^'^ of tax 
city of Belleville, all the public property of said city, and interest. ° 
the faith and credit of said city, are hereby pledged and 
made accountable for the perpetual payment of said bonds, 
and interest thereon; which interest shall be paid annually 
in the city of Belleville. 

6 3. The mayor and aldermen of the city of Belleville Authorized t<. 

11 ,i . i j Ij.1 1 purchase prounds 

are hereby authorized and empowered to purchase ana to erect bniwings 
hold, for the use of said city, a lot or lots of ground where- 
on to erect a market house and other public buildings, for 
the convenience of said city. 

§ 4. This act shall be submitted to the legal voters of Submitted u>vo- 
the incorporated limits of the city of Belleville, at the next 
election for mayor and aldermen, for their approval or re- 



1853. 280 

jection. The votes shall be counted, as in other elections; 
the votes given for or against this act shall be recorded by 
the board, and if a majority be for it, this act shall take ef- 
fect and be in force from and after its passage. 
Approved February 10, 1853. 



JOINT RESOLUTIONS. 



JOINT RESOLUTION of condolence with General Pierce. 

Resolved by the House of Representatives, the Senate 
concurring herein, That the two houses of the general 
assembly of the state of Illinois, now in session at the seat 
of government in Springfield, have learned, with the deep- 
est regret, the untb)tunate accident which has recently- 
happened to General Pierce, the president elect of the Uni- 
ted States, and his family, as they were traveling on the 
Boston and Maine Railroad. While we sincerely sympa- 
thize with him and his lady in their great and afflicting be- 
reavement, we, at the same time, return our sincere thanks 
to an All- wise Providence for his safety, and that his life 
has been preserved for future usefulness in the performance 
of important duties soon to devolve upon him as the presi- 
dent of this great nation. 

Resolved, second, That the governor be requested, as 
soon as practicable, to transmit to General Pierce and lady 
a copy of these resolutions, signed by the speakers of both 
houses, and certified by the clerks thereof. 

Approved January 21, 1853. 



JOINT RESOLUTION in reference to paying members and officers of the 
legislature. 



Resolved by the House of Reprentatives, the Senate 
concurring herein, That the auditor of state be and he is 
hereby authorized and directed to draw an order upon the 
treasurer of the state for the sum of fifty dollars, to be by 
him paid to each of the members of the senate and house 
of representatives of the general assembly, and also to the 
secretary and assistant secretary, the enrolling and en- 



1853. 282 

grossing clerk and assistant clerk, the sergeant-at-arms 
and assistant of the senate, the clerk and assistant clerk, 
the engrossing and enrolling clerk and assistant clerk, the 
door-keeper and assistant door-keeper of the house. 
Approved January 21, 1853. 



DEPARTMENT OF STATE, 

Springfield, Illinois, April 16, 1853. 
I, Alexander Starne, Secretary of State of the said state of Illinois, do hereby certify 
that the foregoing (except the words printed in brackets, thus [ ], which are inserted for 
the purpose of correction and explanation,) are true and perfect copies of the enrolled laws 
of a general nature, and joint resolutions, on file in my office. 

In testimony whereof, I have hereunto set my hand, on the day and year aforesaid. 

ALEXANDER STARNE, 

Secretary of State. 



INDEX 



A. 

Abatement of taxes — 

when and how made, - 16 

Abstracts, to be made by auditor, 

to be furnished clerks, 24 

same officer to make and return 
to auditor. 
Academies, exempt from taxation, 5 

Action, not maintained, for illegal cur- 
rency, ' - 
Adams county, create school district in, 
Adams, Archibald, authorized to peddle 

goods, 
Ad quod damnum, county court to issue, 
Administrators, list property of deceased 
person?, 
to L'lve notice of resignation, 
de bonis non, court to appoint, - 
may resign, 

securities, how released, 
when sued on official bond, 
Affidavit, of persons aggrieved by assess- 
ment, 
of town assessors, 
Agents, appointed by auditor to execute 

warrant, 
Alton, city of, certain fines appropriated 

to, 
Allen, J. See Roads, 
Albert, A , appointed commissioner, 
Alms-houses exempt from taxation, 
Annuities, how valued, 
Anderson, R. W. See Church Edifices, 
Apparatus for extinguishment of fire ex- 
empt from taxation, 
Appeal, from board ol supervisors to su- 
preme court, 
to supreme court, 
to be allowed negroes, 
in chancery in 7th judicial cir- 
cuit, 
fromju-tice of the peace. 
not dismissed for wantot formal- 

mality, 
from recorder's court, 
bond conditioned to pay debt, 
Application of act. 



, 17 
24 
54 

54 
37 

33 

186 

170 
257 

38 
163 
164 
164 
164 
165 

17 
17 

106 

•219 
146 
249 
37 
9 
251 

37 

17 

17 
58 



- 125 

12S 

150 

258 

29 



PAGE. 

Appropriation, to Illinois State Agricul- 
tural Society, - - 34 
fund commissioner, - 179 
judge ol Cook county court, 
prosecuting attorney of 

county, 
assistant cleiks, 
bank commissioners, 
for state library, 
to clerks of senate and hon 
secretary and assistant secretary 

of sena'e, - ■ 176 

sergeant-at-arms and assistant, - 176 
penitentiary, - - 177 

speakers of senate and house, - 177 
members ofthegeneial assembly, 177 
secretary and assistants ol houses, 177 
governor, 
auditor, 
treasurer, 

secretary of state, - 
judges of ^upieme court 
circuit judges, 
inspectors of penitentiary, 
porter of state nouse, 
to executive department, 
to secretary of state's office, 
auditor's office, 
treasurer's office, 
executive's private secretary, 
secretary of state's office for defi- 
ciency, - - 238 
J. Bunn, - - 238 
J. Cunningham, - - 238 
Ives & Curran, - - 238 
committee visiting Jacksonville 



Cook 

- 179 

- 179 

- 179 

- 229 

- 176 



178 

- 178 

- 178 

- 178 

- 178 

- 178 

- 178 

- 179 

- 238 

- 238 

- 238 

- 238 

- 238 



E. Moore, 
Lo« ry .Lamb & Co. 
Opdycke & Fondey, 
J. A. Hough, 
state librarian, 
J. Cunningham, 
R. J. Johnson, 
N. W.Edwards, 
J. W. Eldridge, 
W D. Greene, 
D. Mcllroy, 
door-keeper, 



239 
239 
239 



- 239 

- 239 

- 239 

- 239 

- 239 

- 239 

- 239 



[ ii] 



INDEX. 



PAGE. 

Appropriations, to E. A. Bedell, - 239 

postage account, - - 239 

governor's house, - - 220 

Armstrong, H. See Roads, - 14.3 
Assessor, when to assess double tax, - 8 
penalty, when imposed on, - 8 

to value property at true value, 

when lal-e list, - 8, 46 

to give notice of increased taxa- 
tion, - - 8, 40 
how to value property, 8, 47 
to deduct amount of debls in cer- 
tain cases, - 9 
how to assess property of mer- 
chants, - 10, 41 
how to assess property of manu- 
facturers, - 10, 42 
not to assess certain products of 

Illinois, - 10, 42 

how to assess hankers, 10, 43 

how to value stocks, 13, 45 

to collect penalty of merchants, 

bankers and brokers, 12, 44 

how to a^ceitainthe amount of 

bank discounts, - 13, 44 

list of bank property to be fur- 
nished to, - 13, 44 
to obtain entire gross receipts of 

insurance companies, - 14 

how to proceed in case ot false val- 
uation of property by corpora- 
tions, - - 14, 46 
to assess personal property annu- 
ally, - 14, 46 
to assess real estate biennially, 14, 46 
town, when to meet, - 21 
town to agree on basis of assess- 
ment, - - 21 
to take oath of office, 14, 46 
to give bond, - 14, 46 
oifice to be vacated on failure to 

give bond, - 14, 46 

vacancies, how fillpd, 14, 47 

time of making assessments, 14, 47 
how to proceed, - 15, 47 

to obtain limits from property 

holders, - 15, 47 

when to leave notice, 15, 17 

to make list in ceitain cases, 15, 48 
to administer oaths, - 15, 48 

duty of, in case lists are refused, 15, 48 
when oath is refused, 15, 48 

when to attend at oifice of town 

clerks to review assessments, - 16 
when to reduce assessments, - 16 
to make list lor county clerk, 16, 49 
to deliver valuation list to countv 

clerk, - - i6, 49 

when property not listed by own- 
er, to make note, - 17, 50 
return to clerks statement of pro- 
perty owners, - 17, 50 
to arrange statement in alphabet- 
led order, - 18, 50 
to make oalh of correctness of re- 
turns, - - 17, 50 



PAGE. 

Asses-or, form of oath, - 17, 50* 

how to assess when owners re- 
fuse valuation, - 17, 50 
to make and deliver abstracts io 

clerk, - - 18, ;>1 

abstract to be certified by oath, 18, 51 
how to value real properly, IS, 51 

when ro complete and return, 18, 51 
to swear to returns, - 19,51 

liabie for neglect of duty, 21, 52 

when to cause surveys to be 

made, - 22, 53 

how to assess lands lying in two 

counties, - -23, 53 

to notily clerk of change of own- 
ership, - - 24 
to assess property omitted in list 

of clerk, - 25, 56 

to require certified statements, - 39 
to assess at double value, - 40 

compensation of, - - 56 

Assessments, deduction of, when u.ade, 9,41 
of property of non-residents, 9,41 
of manufa' tur rs, - 10, 41 

of machinery, - 11,41 

of bankers, &c, - 31,41 

of merchanis, - 9, 1 1, 41 

of bank discounts, - 13,44 

of personal property annually, 11,46 
real property biennially, 14,46 

when and how to be m.ide, 14, 47 

abstracts of, to be delivered to 

clerks, - - 18 

not to be illegal for want of for- 
mality, - 21,52 
a lien on personal property, 83, 117 
in Macomb, how made, 166 
in Macoupin, for !8.~>1, legalized, 217 
Attachment, against sheriff, - '.9 
bank commissioners to issue, - 31 
Auditor, to ievise action of board of su- 
pervisors in reducing assess- 
ments, - - 17 
to notify county clerk of his ap- 
proval, - 17, 49 
to give clerk notice of dissent and 

appeal, - 17, 49 

to file certified statement of facts, 17,50 
to report to clerk amount of bank 

property, - 13, 4'» 

to cause surveys to be made, 23, 54 
to apportion taxes between coun- 
ties, in what cases, - 23 
to obtain absliacts fiom land offi- 
ces, - 23, 24 
to transcribe abstracts in tax books, 24 
furnish county cleric with ab- 
stracts, - 24,54 
furnish forms and instructions to 

clerks, - 25, ■ 

to give opinion in cases of doubt, 25, 55 
to apprise cleikof condition of 

real estate, - 25, 56 

to put bank into liquidation for 
violation of law, - - 33 



INDEX. 



L Hi ] 



PAGE. 

j.u iitor, to be furnished with duplicate 

certificaes, - - 68 

to adjust account of collector, • 70 
to allow collector credit, - 71 

duty when collector fails to settle, 72 
to issue warmnt, - 72, 10") 

require agent to give bond, 7M, 106 
file list oi delinquent lands, 73, 107 
duty of, in relation to delinquent 

lands, - 74, 107 

to make list for county clerk, 74, 107 
to charge Male tax to collector, SO 
to draw warrant in favor of col- 
lector, - 82,116 
suits commenced bv, not to 

abate, -' 83,117 

make statement of school fund 

due each county, - 86, 121 

make order to school commission- 
ers, - 86, 121 
to certify to clerk proportion of tax, 87 
to furnish county clerk with 

forms, &c. - 87, 122 

send copies of revenue law to coun- 
ties, - . 87 
issue warrant to pay, -179 
salary of, - . 178 
to issue warrant lor the purchase 

of state indebtedness, - 200 

authorized to file reports of Rock 

Island Banic, - . 228 

1o sell lands belonging to state, - 231 
give notice of sale, - - 231 

send list to clerk, - . 232 

issue certificate of purchase, - 232 
issue warrant to pay expenses, - 233 
to pay collector of Crawford 
county, 



c th- 



ee, appropriation for, 



Avery, Dniiel. See Roads, 
jAvon, election of justice of the peace ii 
town of, legalized, - 



236 
238 

Ml 

228 



B. 

Banks, to deposit stocks and amount of. 30 
not countersigned, not to issue 

small bills, " . 30 

penalty for violation, - 30 

liable to indictment, . 31 

duty of commissioners, - 31 

criterion lor ascertaining the a- 

mount of discounts of, - 45 

not entitled to credit for debts in 

assessment, - - 9 

to make list in May annually. 12, 44 
discounts of, how ascertained, 13, 45 
to make list cf property, 13,45 

Banker, definition of, - 11,43 

what to consiitute, - 11 41 

what to be included in assessment 

li8t > - 11,41 

when to report to county clerk, 12, 44 
penalty when imposed on, 12,44 

Bank commissioners, toreport to auditor 13 
duty of, . i 3, 

duty in case of violation of law, - 31 



Bank commissioner 

powers to issue subpmnas and' at 
♦ .„i ... 



PAGE. 

require oath, - bl 



tachmeiits, - - 31 

to administer oaths, - - 31 

compel to answer, - - 31 

reduce evidei.ee to writing, - 30 

report to state's attorney, . 32 

to whom to make complaints, . 32 
to apply for writ of injunction, - 32 
to be appointed and take oath, - 33 
to file in secretary of state's of- 

fice > - - 33 

banks to make returns to, first 

May annually, - . 44 

to make leturn to auditor,- . 45 

Baldwin, John. See Roads. 
Baker, Squhe. S-e Roads. 
Bady,J. See Roads. 
Barry, G. W. See Roads. 
Bedell, E A. See Appropriations, -239 
Beans, field, weight of, - - 25ti 

castor, weight of, - . 256 

Beston, Justice, name changed, - Q<S 

Bell, G. T. See Roads. - . 2 73 

Belleville, city of, authorized to issue 

bonds, _ _ 279 

taxes of, pledged to pay interest, 279 
to pui chase ground, . 279 

erect buildings, . _ 079 

vote taken on, - . 279 

Bigamy, trials for, what evidence, . 203 

Bills, list of, when made, - - 12 

Blind asylum, directors of, to be di- 
vided in classes, - - 90 
accounts ol to be settled with go- 
vernor, . - 91 
vacancies, how filled, . 91 
Bluff Precinct established, _ 922 
rights and privileges, . 223 
Boyle, H. See Roads, - . 273 
Bond county, time of holding circuit 

court, - - 61 

county court to borrow money, - 180 
levy special tax, - . igQ 

Boone county, prevent killing game in, 254 
Bond, treasurers to give, - . ^4 

collector's, v. hen to be sued on, 73 29 
to be given by collector, and form ' 

° r > - - 67, 99 

not to be void for want cf for- 
mality, - 68, 100 
of collector, how approved, 68, 100 
certified copy to be transmitted to 
auditor, - - 68 
Bonds, investment in, definition of, - 35 
list of, to be made, - - 12 
St. Clair county authorized to is- 

su^, - 219 

Belleville authorized lo issue - 279 
Knoxville authorized to issue, . 146 
Brown, W. H. See Church Edifices, - 251 
Bridge companies, when assessed, 45 13 
Brokers. See Bankers, 
Bryan, E. T. See Roads. 
Bryson, W. D. See Roads. 



[ Sr ] 



INDEX. 



Branahan,T. See Roads. 
Brum. emati, A. See Roads, - 270 

Bunn,J. See Appropriations, -238 

Buri.ii grounds, ex-mpt h om taxation, 5, 61 
Buildups, what exempt from taxation, - 5 
Butler, Peter. See Road?, - 267 

Bureau county, town of Gold created in, 203 
support own paupers, 



c. 



Calhoun county, time of holding courts, 60 



261 



- 12 
23, 54 

152 

- 153 
153 



-258 
- 2.38 



or, 



Cashier of bank*, duty of, 

Canal land?, when taxable, 

Cass county, relocate county seat of, 

vote to be taken on, - 

respecting election returns, 
Cass, Robert. See Roads. 
Cantrell, Wm. See Roads. 
Campbell, M. See Roads. 
Cantrell, T. B. See Roads. 
Capias ad respondendum, issued 

suit, - 
Capias ad satisfaciendum, - 
Carmi Mill, proprietor to keep good and 

sufficient slope, - - 246 

Certificates of purchase to be assignable, 8a, 

under execution, be recorded, - 229 
of redemption under execution, to 
be recorded, - - 229 

Chancery, bring actions of, against rail- 
road companies, - - 

powers of circuit courts in actions 
ot, against railroad companies, 
effects of judgments in, 
actions in, against railroad com 

panies, where prosecuted 
actions 

circuit, 
decideil in vacation. - 
service, - 
Churches exempt from taxation, 
Chester, town of, to levy tax, 

vote to be taken on, 
Chicago, acts amendatory repealed, 
"establish recorder's court in, 
furnish seal for recorder, 
pay expenses, 

remedy defect in elections of, 
election precincts, - 
place of election fixed by com 

mon council, 
names of precincts, - 
Childs, Franlc, legalize name, 
Chapman, J. W. See Roads. 
Church edifices, company incorporated | 

for erection of, - - 251 

name and style, 
of officers, 
may hold real estate, 
City of Rockford, authorized to borrow 
money 



127 
.56 



- 65 



in seventh judicial 



65 

- 66 

- 66 

- 5 

- 216 

- 216 

- 92 

- 147 

- 148 

- 118 

- 203 

- 203 

203 

- 203 

- 94 



252 
252 



- 189 



City of Galena, authorized to borrow 

money, - - 190 

City of Peoria, authorized to borrow 

monev, - - 1°1 

City of Belleville, to issue bonds, - 279 

Circuit court, time of holding in first 

circuit, - - 60 

time of holding in 17th circuit, - 61 
time of holding in 9th circuit, - 62 
special term of 9th circuit, - 62 

time of holding in Bth circuit, - 63 
changed limits of 4th circuit, - 64 
respecting practice in chancery 

in 7th circuit, - 6 

to establish 16th and time of hold- 
ing courts, 
Clover see), weight of, 
Claims to lands belonging to Illinois 

Central Railroad Company, - 220 
Clayet, J. R. See Roads. 
Clark, S. M. See Roads. 
Clerk ot courts, to notify governor, - 57 
of house and senate. See Appro- 
priation, - " l7 » 
of county court, when to charge 'f 
collector with merchant tax, 12, 4|J 
when with banUei's tax, 12,44 
when to collect penalty of mer- 
chant's bankers, &c. ",12, 44 
enter bank property on list for 

taxation, - 13 >J 

when to administer oath, - 15 

to notify property holders of au- 
ditor's appeal, - 17,49 
to certify statement of fac*s to 

supreme court, - 17,49 

to compare returns of asses-ois 

with list of taxable land?, 19,56 
county court, make copy of as- 
sessment roll, 
lay copy before supervisors, 

fees for copy, 

to estimate tax on valuation, 

to deliver rolls to collectors by, - 

attach wanantto assessment < oil, 

to notify treasurer of completion 
of books, 

to furnish treasurer with list ot 
collectors and amounts to be 
collected, 

to consult with and advise asses- 
sors, - -21 

to file and record plats, 22,23 

to deliver list of real estate to as- 
sessor, - - 24 

to furnish assessors abstracts of 
personal property, 24,55 

to furnish assessors with list of 
real estate, - 24,55 

to advise auditor of commissions 
in list of real estate, 25,56 

to compare list before their deliv-_ 
ery to assessor, - 25, 56 

when to issue new warrant to col- 
lector, - " 28 



21 



INDEX 



[v] 



PAGE 

.Clerk, county court, to furnish auditor 
with statement, 
to record surveys, 
make bonk for as«es : or, 
compensation for making abstracts 

of lands, 
deliver non-resident tax list to col- 
lector, 
forward to auditor duplicate certi- 
ficate, 

to compute tax, - 68,101 

to furnish tax list to collector, 69, 100 
make abstracts lor auditor, 69, 101 
enter copy of abstracts on re- 
cord, - 70,101 
penalty for making false ab- 
stracts, - 70, 101 
to certify to auditor lands forieited 

to state, - - 71 

to make alphabetical tax list, - 101 
to furnish auditor list, 71,104 

to deliver statement to collec- 
tor, - 72, 105 
to compare list returned by audi- 
tor and collector, - 74, 108 
to make transcript of delinquent 

list, - - 77,111 

form of transcript, - 78,112 

County clerk, to make record of judg- 
ment against delinquent 
linds, ~ - 78,112 

how to enter records of, 78,112 

make transcript of sales, 80,114 

to certify to transcript to audi- 
tor, - 80,114 
to deliver certificate of purcha- 
ser of delinquent lands, 85, 119 
fees for services under Revised 

Laws, . . 85 

duty of in suit of insanity, - 245 

Klerks of court of record appoint depu- 

ies, . . 257 

21erk recorder's court, fees of, - 148 

to give notice of drawing for jury- 
men, - ' - 149 
vacancies, how filled, -150 
Clark county, circuit clerk to make 
judgment docket and execution 
docket, - _ 260 
-ou;;ty taxes, supervisors to levy, - 82 
county court to levy, -116 
Collector's bond*, when to be sued, - 29 
Collector, to make returns, 

to incur penalty for neglect, 
to give bond and form of, 
take oath, 
bond a lien against real estate 

of, - 68, 100 

to make delinquent list, 70,71 

allowed credit for delinquent list, 70, 71 
deliver clerk's statement to the 

auditor, - 72, 105 

time for settlement, . 72 

bond, when to be sued, - 73 

duty of in relation to delinquent 

lands, - 74, ]0 7 



Collecto 



- 20 

- 21 
68, 100 
68, 100 



PAGE. 

to publish delinquent list, 75, 108 
give notice, . 75,108 

to file list i.f delinquent lands wiih 

derk, 77 5 103, 104 

file report with clerk, 79, 104, 113 

make oath to delinquent list, 79, 104, 

103 

deliver to auditor transcript of 

sales, - . 80,114 

security of, how protected, 81, 115 
removal from office, - 82,116 

over payment of re venue how re- 
funded, - . 82,116 
shall give receipt Tor taxes paid, 83, 1 18 
attend sale of delinquent lands, 84, 118 
file certificate of publication, 84,111, 
119 
penalty for not attending sale, 85, 120 
not to buy auditor's warrants or 

county orders, - 85, 121 

to pay auditor's warrants, 86, 121 

to give notice, - 10J, 108 

levy on and sell property fortaxes, 102 
to certify to delinquent list to audi- 

103 
104 



credits to be allowed, 

in case of death vacancy ho\ 



filled, no 

pay county, - ]]8 

Collection of taxes, - 25 

Colleges exempt from taxation, 5, 37 

County treasurers. See Treasurers. 
Conservato.s of lunatics, petition for 

sale of estate, - 215 

make inventory, - 215 

foreign, may avail themselves, 215 
Contracts between railroad companies, 222 
Commissioners, to build house for gov- 
ernor, - - 220 
sell house now occupied by gov- 
ernor, - 220 
visiting Jacksonville. See Appro- 
priation, - 239 
County court, to render judgment against 

delinquent lands, - 79 

to examine settlement of collector, 105 
of St. Clair, to build court house, 220 
of St. Clair, to subscribe stock to 

plank road, - 219 

of Crawford county, to refund tax, 236 
of Lake county, jurisdiction ex 



1 ted, 



- 262 



tended 
process, how exec 
judgment lien, 
appeals and writs of error, 
terms of, 
power of judge, 
fees and compensation, 
writs of ad quod damnum, 
jurisdiction of suits for taxes, 70, 103 
render judgment, - - 113 

examine account of collector, - U4 
additional juri -diction, -257 

issue writs of ad qnod damnum, - 257 
County property, exempt from taxation, 37 



- 262 

- 263 

- 263 

- 263 

- 263 

- 263 



[ vi] 



IJNJJUX. 



53 



- 106 

- 106 

- 106 

- 237 

- 212 

- 212 

- 212 

- 96 

- 96 



Collection of revenue, counties adopting 

township organization, 
Compensation, ol assessor, - - 

of county clerks, lor making ab- 
stracts, - . 
Corporations, prohibited from interpo- 

sing defence of usury, - 34 

definition of, - ." 34 

not allowed credits for debts in 
assessment, - 

Common schools, teachers of, how ex- 

amined, " ... nR 

Coroner, to execute warrant of auditor, 106 
fees for executing auditoi's war- 
rant, - 
to indorse facts in case, 
penalty tor failure, - 
Contingent expenses, defraying of, 
Coles county, copy records of 

copy of record to be valid, 
compensation for, - 
Cosby, John, relief of, 

James, relief of, - 
Comstock, N. See Roads. 
Cole, J. J- See Roads. 
Courtwright, J. See Roads. 
Corporation!., evidence ol proceeding*, - 184 
Illinois Agricultural bociety, - 230 
for the erection of church edifices, 2 A 
Conveyances, amend law in relation to, 89 
not invalid for informality in ac- 
knowledgment, - 
rights of parties, - 
made by guardian valid, 
Cook court common pleas, 
practice, 
judgments to be liens, 
chancery business, - 
appeals in, 
garnishee process, - 
jurors of, and fees, - 
circuit court, regulate 

in, 
term* of courts, - 
when to summon special jury, 
Cook county, towns in, annexed 
Kan 3, 
vote taken in, 
duty of clerk in relation to, 
prevent killing wild game in, 
Credits, definition of, - 

when exempt from taxation, 

how valued, - 

when allowed in assessment, - y 

not allowed to banks or corpora- 

Criminal code', amendment to, - 217 

Grossman, Wm. 8m Reeds, - " »*J 

Criminal court, time of holding in Kane, « 
I'nne J W. See Roads. 
Orlwford county, authorized to copy re- ^ 
cords, - ~ 

ma ke index to records, - £ j 

compensation for, ■ " *" 

time' extended for collection ot 
taxes, - " * "* 



Crawford county, auditor to pay collec 
tor of, 
county court to refund, 
Curtis, John. See Road3. 
Cunningham, M. See Roads. 
Cunningham, J. See Appropriations 



- 236 
236 






Curtis, H. 



See Church Edifices, 

D. 



238, 

239 

- 251 



- 214 

47 
251 



89 

- 89 

- 8J 
regulate 

- 173 

- 174 

- 174 

- 174 

- 174 

- 174 
practice 

- 172 

- 173 

- 173 
to 

- 277 

- 277 

- 277 

- 254 
36, 4 

- 6 

- 9 



Dalton,F. R. See Roads. 
Davis, J J., appointed commissioner 
Deputy assessors when appointed, 
Deeds made by sheriffs valid, 
Delinquent lands, how to proceed a- 
gain*t, " ' ' 

duty of purchaser of, Jo, 1W 

duiyof printer publishing, u, 108, 

printer to furnish collector 

copies, - 77 'm 

clerk to make transcript ol, 11, 111 
form or transcript, - Zo'iS 

recmdof judgment, - ' 7Q 

form of judgment, - ■ 

when f.rleited to state, 80, 108, 1| 

nowso,a ' '„ , »i !!l 

purchaser to pay to collector. 84, 113 

errors in sale of, cancelled, 83 

bow redeemed, - " ™^ 

constitutional provision, - W» 

judgment against, how obta.ned, - 1 



116 
3,35 
3, 35 
3, 35 



4,36 
4,36 
4,36 
4,38 
10 
11,43 



"of Macomb, how sold, 
Definition, of term real property. 

investment in bonds, 

investment in stock, 

oath, 

personal property, - 

money or moneys, 

credits, 

property, 

person, 

banker, " . 

Debts, when allowed as credits in value- 

tion ' " L U I 

Deduction of assessment, when to be al- 

lowed, - *>?{ 

when not to be allowed, J,4j 

Delay, not to vitiate assessment, - <" 

Delinquent list, credit allowed for, - m 
Descent of property, 

Death, caused by wrongful net or neg- 

lect, - " I' 

liable for damage, - " *' 

DeKalb county, prevent killing wild 

authorized to borrow money, - Zio 

application of, - " z . 

Deaf and dumb, institution of, - * 

directors to be divided into clas- ^ 

termVof office of directors of, - 91 

principal to be member of board, SMj 

Debtor, committal to, iail, f - f™ 

creditor to advance jail fees, - /o» 



INDEX. 



C vii ] 



Di»counts, list of, to be made by banks, 12 
Description of lands in deedi, - 21 

Distress of property for taxes, 25, 26 

Dilworth, R. R. See Roads, - 136 

Doty, R. See Roads, 

Dogs, owners liable for damages, - 124 

authorized to kill, - - 124 

Door-keeper. See ADpropriations, - 239 

Downing, J. E. See Roadi, -274 

Drainage, of land, authorized, -184 

of land in Mason county, - 248 

commissioners' duty, - 248 

tax levied for, - - 248 

notice to be given, - 218 

commissioners', election of, - 184 

Druggists, label medicines, - 215 

penalty for failure, - - 215 

Du Page county, sheep and swine in, - 152 

wild game in, - - 254 

Duty owners of property, - 7 

Dutcher, T. R. See Roads, - 186 

Earl, town, boundaries established, - 67 

Early, Catharine, change of name, - 93 

Edgar county, pay L. A.. Lodge, - 249 

Edmunson, J. See Roads. 

Edwards, N. W. See Appropriations, 239 

Effingham county, time of holding 

courts, - - 61 

Eldridge, T. See Roads, - 267 

Election in 17th judicial circuit, - 61 

Election in Chicago, - - 203 

Eldridge, Jno. W. See Appropriations, 239 
Elder, Win. See Roads. 
Elmore, H, H. See Roads. 
Embarrass river, improvement of navi- 
gation, - - 183 
Estate of insane persons when sold, - 215 
Executions, certificates of purchase to 

be filed and recorded, - 229 

redemption from sales of, to be 
recorded, - - 229 

Executor, to list property of deceased 

persons, - - 38 

give notice of resignation, - 163 

may resign, - - 164 

security of, how released, - 164 

may be sued on official bond, - 165 
oon-resident, execute will, - 240 

convey real estate, - - 240 

give notice, - - 240 

Executive department. See Appropria- 
tion, - . 238 
private secretary of, appropriation, 238 
Exemption from taxation, - 5 
of credits in assessments, - 9 



Fayette county, time of holding courts in, 61 
to subscribe stock to plank road, 279 
Former, certain products of, exempt 

from taxation, - - 11 

False valuation, penalty for, 14, 40 

Fevre river, name changed, 96 

19 



PAGE. 

Fees, of assessor, in case of refusal to take 

oath, - 16,48 

of county clerk, - 19,56 

of town collector, - -29 

of officers serving auditor's war- 
rant, - 72, 106 
to be paid bystatein state suits, 83, 107 
of clerk county court for making 

delinquent list, - 87, 122 

of county treasurers, . 88 

of sheriff of Cook county, - 149 

in Cook county court of common 

pleas, - - 175 

Fines, collected of negroes, how applied, 59 

in city of Alton, how applied, . 219 

to be appropriated to school fund, 90 

Field, A. C, appointed commissioner, 248 

Fire apparatus exempt from taxation, 37 

Flax seed, weight of, - -256 

Floyd, S. B. Sea Roads, - - 138 

Flory,L, - - - 142 

Forfeited, property, how redeemed, 80, 107, 

114 
lands, how to proceed with, 81, 107 
Fry, Smith. See Roads, - 155, 194 

Frank. See Frank Childs, - 94 

Fund commissioner, salary, - J79 

Funds, surplus, to be applied to purchase 

of state indebtedness, - 200 



G. 

Garnishee in Cook courts, - 174 

Gate, G. H. See Church Edifices, - 251 

Galena, authorized to borrow money, - 190 
application of funds, - 190 

transfer of stock, - - 190 

Gallatin county, settle boundary line, - 265 
Gillespie, J. See Roads. 
Genders, application of, 4 

General assembly, appropriation, - 177 

Geological survey, appropriation for, - 237 
Gill, J., See Roads. 
Glove, J. See Roads. 

Glover, J. O. See Roads, - 2f8 

Governor, duty of, in relation to negroes, 37 
settle accounts of blind institution 

quarterly, - - 91 

to fill vacancies in, - - 91 

authorised to convey certain lands, 151 
salary of, - - 178 

adjust claims of Nevins, Towns- 
end & Co., - - 185 
purchase state indebtedness, - 200 
cancel bonds, - - 200 
to invest surplus funds in state 
indebtedness, - - 232 
Goudy, Ensley M., change of name, - 94 
Government land, when taxable, 23, 54 
exempt from taxation, - 37 
Gold, town of, created, - . 202 
Goodrich, M. P. See Roads. * 143 



[ viii ] 



INDEX. 



Grundy county, public square of, where 

located, 155 

wild game in, - 254 

Greene county, time of holding courts, 60 

Gray,R. H. See Roads. 

Graham, Ben. See Roads. 

Graves, W. H. See Roads. 

Grounds used for public purposes exempt 

from taxation, - - 37 

Green Garden, town of, created, - 206 

rights, - - 206 

duty of town clerk, - 206 

Green, W. R- See Appropriations, - 239 

Gray, R. See Roads, - - 274 

Guardians, to list property of wards, - 38 
foreign, to sell i eal estate, - 98 
file certified copy of letters, - 98 
give notice, - - 98 
prosecute suits, - - 98 
deeds to be valid, - - 98 
appointment of, - - 125 
non-resident, may remove proper- 
ty, - - 126 
resident, when discharged, - 126 
court to appoint, - - 127 
give notice of resignation, - 163 
may resign, - - 164 
security of, how released, - 164 
when sued on official bond, - 165 

Gento, D. D. See Roads, 



II. 



Hancock county, collection of taxes in, 168 
collector to complete collection, - 169 

Hart, Elizabeth, change of name, - 94 

Hamer. Thomas. See Roads. 

Haskell, J. E. See Roads. 

Hagner, Samuel. See Roads. 

Hank,E. See Roads. 

Harley, D. See Roads. 

Halsinger, J. See Roads. 

Hattan, Thomas, See Roads. 

Hadley, J. See Roads. 

Hamilton county, boundary line of, - 265 

Henry county, prevent sheep and swine 

from running at large in, - 152 

county court to disburse road tax, 168 
supervisor! to pay into treasury, - 168 

Hemp seed, weight of - - 256 

Heacock, R. E. See Roads. 

Hitt, D. F. See Roads. 

Hills, H. P. See Roods. 

Higgins, D. See Roads. 

House for governor, commissioners, - 226 
appropriation for, - - 220 

sell one now occupied, - 221 

Hoard, E. See E. Hart, - - 94 

Homey, S. See Roads. 

Hough, J. A. See Appropriations, - 239 

Huston, John. See Roads. 

Hutchius, William. See Roads. 

Hyatt, H. S. See Roads. 



Idiots, sale of the estate of, - 215 

for what purpose sold, - 215 

summons issued, - 215 

not to be admitted in insane asy- 
lum, - - 245 
property how assessed, - 38 

Illegal, assessments, how corrected, 16 

currency, payments made in, to be 

void, - - 33 

action not maintained, - 33 

action brought, defendant witness, 33 

Illinois state agricultural society, incor- 
porated, - - 230 
object and powers of, - 230 
appropriation to, - - 34 
treasurer to pay, - - 34 

Illinois Central Railroad, time extended, 221 
not woik forfeiture, - - 221 

claims to land of said company, 221 

Illinois river improvement, for hydraulic 

purposes, repealed, - 171 

money refunded, - 171 

Imprisonment for bringing negroes into 

state, - - 57 

Indictment, bankers liable to, - 31 

for bringing negroes into state, 57 

Index to records, counties to make, - 250 

Incorporate companies, process against, 258 

Investment, in bonds, meaning of, 

in stocks, meaiiing of, - 3 

how valued, - - 8 

Insurance companies. See Assess- 
ment, - 9, 14 
to report gross receipts to asses- 
sors, - - 14 

Informality, not to vitiate assessments, 21, 52 
of bond, not to invalidate, 68 

Informality of acknowledgments, not to 

effect conveyance, - 89 

not to dismiss appeals for, - 125 

Internal improvement lauds, when tax- 
able, - 23, 54 

Institution, deaf and dumb, commmis- 

sionere to be classed, - 90 

terms of office, - - 90 

for blind, ol trustees, - 90 

classes and term of office, - 90 

trustees to meet half yearly, - 91 
directors to be paid, - 91 

settlements made quarterly, - 91 
vacancies how filled, - 91 

Intoxicating drinks, sale of, prohibited, 91 
repealed laws re-enacted, - 91 

granting license, - - 91 

torepeal an act prohibiting, - 127 

Insane, sale of the estate of, - 215 

estate of, for what sold, - 215 

proceedings in sale of estate of, 215 
expense how paid, - 244 

clothing to be furnished, - 247 

hospital, governor to appoint trus- 
tee*, - • 241 



INDEX. 



[ix] 



Insane hospital, duty of superintendent, 245 
patient discharged from, - 245 

on application of non-residents, 245 
idiots not admitted, - 245 

Insanity, proceedings in case of, - 242 

verdict of jury in case of, - 243 

bond given when not pauper, - 243 
duty of clerk in case of, - 244 

duty of sheriff in case of, - 244 

Iroquois county, prevent sheep and 

swine from running at large in, 211 
pound-masters elected in, -211 

Ives & Curran. See Appropriations, 238 



Jail of Washington county, under con- 
trol of county courts, - 225 
Jayne, G. See Roads. 
Jack9on, D. B. See Roads. 
Barney. See Roads. 
Jersey county, time of holding courts, 60 
Jenkins, S. M. See Roads. 

Alexander, appointed commis- 
sioner, - - 214 
Johnson, R. S. See Appropriations, 239 
Journal, Illinois. See Appropriations, 239 
Johnson, George. See Roads. 
Johnson, M. J. See Roads. 
Judge, to certify to auditor in caseof vio- 
lation of banking law, - 33 
of 7th judicial circuit, fix motion 

days, - - 66 

of 16th circuit, fix motion days, 128 
to establish rules of practice in 

16th judicial circuit, - 129 

salary of, in Cook court of com- 
mon pleas, - - 175 
salary of Cook county judge, 179 
salary of circuit, - 178 
supreme court, salary of, 178 
Judicial circuit, McDonough to 15th, 35 
first, time of holding courts, 60 
first, process in, 60 
seventeenth, organized time of 

holding courts, - 61 

ninth, time of holding courts, - 62 
ninth, time of holding special 

terms, - - 63 

eighth, time of holding in, - 63 

fourth, limits changed and time of 

holding court, - - 64 

seventh, proceedings in chancery 

in, - - 12T 

sixteenth, organization of, time of 
holding courts, - 127 

Judgment, against property, owners when 

refuse to, - 16, 48 

form of, against delinquent lands, 113 
to be entered in Cook county 

court of common pleas, - 173 

against lands in Prairie du Roche, 250 
Judgments, certificates of purchase to be 

filed and recorded, . 229 



Justice of the peace, when to proceed 
against for refusing to take 
oath, - 16, 48 

advertise and sell negroes, - 58 

to deliver to sheritf, - 58 

penalty for refusal to issue war- 
rant against negroes, - 59 
duty of, when negroes not found 

guilty, - - 3Q 

Rockford to elect additional, - 169 

election of in Avon legalized, -228 

appeah from, - - 125 

Jurors, compensation in Chicago recor- 

ner's court, - - 150 

of Cook courts, - - 175 

compensation of, increased, - 259 



K. 



Kane county, authorized to borrow mo- 
ney, - - 235 
application of - - 235 
levy special tax, - - 236 
prevent killing of wild game in. - 254 
to support own paupers, 274,276 
annex certain towns of Cook to, - 277 
vote taken on, - - 278 
duty of clerk of when vote taken, 278 

Kankakee, town of, back taxes released, 227 
county of, to create, - 159 

returns of election, how made, -160 
election of county officers, - 160 

how to proceed with election, - 160 
justice of the peace in, - 160 

vote on township organization, - 160 
duty of county clerk, - 160 

justice and constable to retain of- 
fice, - - 161 
vote for location of county seat, - 161 
returns of election, how made, -161 
how canvassed, - - 161 
not to affect suits at law, — 162 
school funds, - - 162 
of county court, - - 162 
records of, - - 163 

Kendall county, prevent killing wild 

game in, — - 254 

Kelliam, Thomas. See Roads. - 270 

Kirkham, James. See Roads. 

Knowlton, D. A. See Roads. 

Knoxville, authorized to subscribe stock 

to plank road, - - 146 

issue bonds, — - 146 

levy and collect tax, - 147 



Lake county court, jurisdiction extend- 
ed, - - _ 262 
process, how executed, - 263 
judgment a lien, - -263 
appeals and writs of error, - 263 
terms of, - _ 263 
power of judge, - - 264 



[*] 



INDEX. 



Lake county court, fees and compensa- 
tion, - - 264 
writs of ad quod damnum, - 265 
La Salle, clerk to make index to records 

of, - - -167 

compensation for, - - 167 

prevent killing wild game in, - 254 
Latshaw, W. D., copy records of Coles 

county, - - 212 

compensation for, - - 212 

Land, meaning of, - - 3 

in what case exempt froni taxa- 
tion, - - 5 
how valued, - - 8 
now assessed, — — 21 
whendivided by county and town- 
ship lines, how assessed, 23, 54 
purchased ot general government, 

when taxable, - 23, 54 

canal, when taxable, 23, 54 

liable for taxes, - - 24 

undivided snares of, how taxes 

paid on, - - 27 

belonging to state in St. Clair co. 
conveyed, - - 223 

Lawrence county to collect special tax, 227 
Laws, public, to be printed and distrib- 
uted, - - 230 
of I6tn General Assambly, bo 

printed, - - 230 

duty of secretary of state in rela- 
tion to, - - 230 
clerks of counties to distribute, - 230 
of 1847, to be printed and distrib- 
uted, — . - 230 
extra copies of each session, - 230 
sell at cost, - - 23u 
Laughlin, Win. See Roads. 
Lane, VV. See Roads. 
Latshaw, W. D. See Roads. 
Lansberger, G. See Roads. 
Lake county, prevent killing wild game 

in, - - - 254 

Lee county, sell swamp lands, - 222 

application ot proceeds, - 223 

Leigh, A. G. See Roads. 
Livingston county, to prevent sheep and 

swine from running at large in, 152 
Lind, S. See Church Edifices, - 251 

Lists, to be furnished by property hold- 
ers to assessor, - - 15 
wben made by assessor, - 15 
penalty for refusal to furnish ou 

oath, - " }J 

of real property, how made up, - 18 
to be sworn to, - - 19 

of taxable property, what to in- 

elude, - -■»] 

banks to make, - ' n . 

License, granting of to retail liquors, - 91 

Librarian, repair library room, 

appropriation for, - 
Lodge, 6. A., Edgar county to pay. 
Logan county, relocate county seat of, - lo3 
vote to be taken on, 



Logan county, duty of county clerk, 154 
election returns, how made, - 154 

Loans, list of to be made by bankers, - 12 

Lowry, Lamb & Co. See Appropria- 
tions, - — 239 

Loman, W. See Roads. 

Lunatic, sale of estate of, - - 215 

for what purposes, - - 215 

summons issued, - - 215 

Lusk creek, build a bridge across, - 182 



- 229 

- 249 



- 153 



M. 



Macoupin county, time of holding courts 

in, - - 60 

assessment legalized, - 218 

sale for taxes legalized, _ - 218 

Macon county, time of holding courts in, 61 
Matthews, E. See Roads. 
Machinery, how listed, - 11,41 

Macomb, town of, taxes how collected, 166 
assessment of property in, -166 

delinquent lands, how sold, -167 

road district, how formed, - 167 

Manufacturers, who to be considered, - 9 
criterion tor estimating property 
f of for taxation, - 10,41 

when to report to clerk, 11,43 

penalty, when to be imposed on, 12,44 
Mayor, See Justices of the Peace. 
Manhattan, town of created, - 206 

rights and privileges, - 206 

Massac county, records of transcribed, - 225 
compensation therelor, - 225 

Mason county, drainage of land in, - 247 
authorized to collect special tax, - 247 
county clerk to add to assessment, 247 
commissioners to execute bond, - 248 
McDonough county, addtfd to 15th judi- 
cial circuit, - - 35 
time of Holding courts in, - 35 
Mclntyre. See Roads. 
Mc Henry, J. See Roads. 
McCracken, T. M. See Roads. 
McHenry county, time of holding courts 

in, - - - 34 

support own paupers, - 261 

prevent killing wild game in, - 254 
Mcllroy, D. See Appropriations. 
Menard county, time of holding courts in, 60 
Meserve, John. See Roads. 
Merchants, who to be considered, - 9 

criterion for estimating property 

of, in assessment, 10 5 41 

when to report to clerk, 11,43 

penalty, when to be imposed on, 12, 44 

Meriden, town of, boundaries altered, 67 

Menard county, authorized to levy spe- 

cial tax, - ~ 22 jj 

how appropriated, - - 226 

Medicines, druggists to label, - 215 

Methodist Episcopal Church, Metropolis 

authorized to convey lots to, - 261 
Metropolis, authorized to convey lots to 

church, - ~ 28i 



INDEX. 



[ xi ] 



Minor, choose guardian, - - 127 

Mineralogical survey, appropriation for, 237 
Moore Ensley. See E. M. Goudy, 94 

Moffetf, G. See Road*. 
Monroe county, to establish Bluff pre- 
cinct in, - - 222 
Mowrer, Win. See Appropriations, - 238 
Moore, E. See Appropriations, - 239 
Money, definition of, - - 36 
Morgan county, time of holding courts, 60 
Montgomery county, time of holding 

courts in, - - 61 

Moultrie county, time of holding courts, 61 
Mooneyhan. See Roads. 
Moorehouse, O. See Roads. 
Money, definition of for taxation, - 4 

how valued, - - 8 

Moveable property of bank, list to be 

made, - - 13 

where to be assessed, - 13 

Mulatto, who to be deemed, - 60 

Mudd, Felix, commissioner, - 249 

Myers, H. See Roads. 

N. 

Nauvoo, city of, authorized to borrow 

money, - 188 

vote to subscribe to rail and 
plank roads, - - 183 

Navigation of Embarrass river improved, 183 
Negroes, present emigration of, into state, 57 
sold at public auction, - 57 

second prosecution, - 58 

appeal to circuit court, - 58 

owner to prove, - 59 

when not found guilty, - 59 

Nelson, R. H. See Roads. 
Newton, H, See Roads. 
Nevins, Townsend & Co., governor ad- 
just claims of, - - 183 
Non-resident guardians may remove pro- 
perty, - - 126 
executor authorized to execute 

will in, - - 240 

surveying real estate, - 240 

give notice, - - 240 

Non-resident property, how assessed, 14, 41 

tax list to be returned to clerk, 68, 69 

Notes, list of, when to be made, 12 

Notice to be given of actions in chancery 

against railroads, - 65 

Norton, N. See Erection of church edi- 
fices, - - 251 

0. 

Ogle county, prevent killing game in, 254 
Okaw Bottom Piank Road Company, Fay- 
ette county subscribe stock to, 279 
Oatb, to be administered by bank com- 
missioners, - - 31 
county assessor to take, - 46 
collector to take, - 68, 100 
to be made to delinquent list, 70, 104 



PAGE. 

Oath, of collector, to delinquent list, 71, 79, 

113 

to be entered of record, 27,79 

definition of, - 4 ; 36 

county treasurer to take, - 14 

town assessor, - - 17 

by whom to be administered, 15, 50 
in case of refusal to take, - 16 

Opdycke &, Foidey. See Appropriations, 239 

Oquawka, town of, to subscribe stock, 253 
special tax, - - 253 

taxes, how collected, - 253 

vote taken, - - 253 

Oquawka and Washington Plank Road 

company, - - 253 

Oquawka, to subscribe stock to, - 253 

stock considered personal pro- 
perty, - - 253 

Osbum, P. See Roads. 

Osburn, H. See Roads. 

Owners, of property, to furnish list to 

assessor, - - 15 

of undivided property, - 27 

of negroes, prove property, pay 
cost, &c - - 59 



Payments in illegal currency to be void, S3 

Palmer, Stephen. See Roads. 

Palmer, S. See Roads. 

Patterson, Tho. See Roads. 

Paupers, support of in Bureau and Mc- 

Henry counties, - - 261 

vote to be taken on, - 262 

overseers of, - -262 

support of in Kane, 275,276 

duty of overseers of, 275, 276 

foreign, expense of, how paid, 275 
vote to be taken in Kane, - 276 

Penalty, for fraudulent list ol property, 8, 40, 

102 
imposed on assessor, when, 8, 46 

for refusing to take oath when 

required by assessor, - 16 

on assessor, lor neglect of dutv, 19, 21, 
52 
on clerk, collector or other offi- 
cer, ' - 21, 52, 53 
sheriff, for neglect, - 29 
for ciiculating illegal currency, 30, 31 
on merchants, not to make report, 44 
for bringing negroes into state, - 57 
imposed on negroes for coming 

into state, - - 58 

for treasurer (o refuse to be qual- 
ified, - - CO 
imposed on clerk on refusal, - 105 
to serve auditor's warrant, 73, 106 
for not paying money into the 

treasury, - - 73 

for clerk or collector not attending 
sale, - 85, 120 



[ *ii ] 



INDEX. 



PAGE. 


PAGE. 


Penalty, for refusal to pay auditor's war- 




Property, notice to be given of sale of, 6 


25 


rant, - 


86 


what kind taxable, - - 


3 


for neglect or refusal of officers, 


88 


definition of, - 3,4 


36 


for failure to pay taxes, 


102 


what kind exempt from taxation, fc 


.41 


for failure of treasurer to do duty, 


120 


when listed, - - 


'S 7 


collector to refuse to pay school 




Military Tract, property in, - 


7 


fund, 


122 


under lease, how listed, - 


7 


clerk making false abstract, - 


70 


rule for assessing, - 


8 


imposed under revenue law, - 


123 


of banks to be listed, - 


7 


for obstructing railroads, - 


217 


subject to taxation, — - 


35 


Personal property, what to be consider- 




belonging to counties, exempt 




ed, - 36, A 


from taxation, - - 


37 


criterion for assessing, - 


7 


of wards, to be listed by guardian, 


38 


how valued, - - 


8 


of deceased persons, to be listed 




to be assessed annually, 1^ 


,46 


by adm'rs, 


38 


when sold tor taxes, - 


26 


of lunatic or idiot, how assessed, 


38 


where to be listed, - 


39 


how valued, when assessed, - 


40 


how listed, 


39 


liable for taxes, 


70 


statements, what to contain, 


39 


descent of, - - 


255 


mode of valuation for assessment, 


40 


President of banks, duty of, 


12 


may be sold for taxes, 103, 


117 


Products of minerals, in what case ex- 




liable for taxes of real estate, - 


103 


empt from taxation, 10 


» 


Pensions, definition of, - - 


10 


Practice, regulation of, in Cook county, 


172 


not considered annuities, - 


4 


give notice, 


173 


Petri, George. See Roads. 




default to be entered, 


173 


Penitentiary, appropriation for, 


177 


judgment to be entered, 


173 


inspectors of, salary, - 


179 


Prosecutor of negroes, allowed one-half 




Personal credits, when not taxable, - 


38 


fine. 


59 


Peru, city of, charter amended, 


92 


to take appeal, 


59 


Peoria, city of, authorized to borrow mo- 




when to pay cost, 


59 


ney, 


191 


Prosecuting attorney of Cook, salary, - 


179 


application of funds, - 


191 


to be elected in 17th judicial cir- 




Peoria and Oquawka Railroad Company, 




cuit, 


61 


Knoxville to subscribe stock to, 


146 


duties of, 


61 


riatt county, time of holding courts, - 


61 


salary of, increased, - 


95 


Pierce, act to create town of, - 


9:i 


of 10th circuit, to be of 16th cir- 




rights and privileges, 


93 


cuit, 


128 


clerk to give notice, - 


93 


to prosecute for recorder's court, 


149 


clerk to register boundaries, - 


93 


appointment of pro tem., 


loll 


Plats of lands less than government sur- 




Primm, James. See Roads, - 


93 


veys, r - 


21 


Prairie du Rocher, drainage common 




Plank roads, how assessed, - 


45 


field, 


249 


make return to assessor, - 


45 


commissioners' duty, - 


249 


construction of by general law, — 


202 


expenses how paid, - 


249 


forfeit stocks on lailure to pay as- 




commissioners prepare assessment 




sessments, - - 


202 


list, 


219 


right of way, 


202 


assessment lien, - - 


250 


directors to sue for subscriptions, 


202 


Pre-emption right granted to settlers, - 


2- '3 


increase capital stock, - 


202 


Public grounds exempt from taxation, - 


37 


Porter, state house, appropriation, 


179 


Purchaser of delinquent lands, duty of, 


75, 


Pomeroy, P. See Roads. 






109 


Pound-masters, election of, 


210 


to serve written notice, 75, 


1(19 


compensation, - - 


210 


to give notice of publication, 76, 


109 


duty, - - 


210 






Printer, duty of publishing delinquent 




Q. 




list, - 77, 


111 




furnish copies of, - 77, 
may sue collector, - 77 


111 
111 


Quo warranto, in relation to service of 


181 


Process against incorporate companies, - 


258 


writs of, - - 


Property of non-residents, when taxed, - 


14 






mode of assessing, 15,18,38 


R. 




how assessed when in less divi- 








sions than government surveys, 


21 


Railroad, shall list for taxation, 


45 


when soldfor non-payment of tax- 




make return to assessor, - 


45 


es, - 


25 


bring action in chancery ogainst, 


60 



INDEX. 



[ xiii ] 



Railroad, notice of action in chancery 

against, - - 65 

effects ol judgments in chancpry, 65 
actions in chancery, where pros- 
ecuted, - -66 
Rockton to subscribe stock to, 169 
penalty for obstructing, - 217 
to provide for contracts between, 222 
Raville, Wm. See Ronds. 
Ramsey, Jno. See Roads. 
Refusal of collectors lo serve, proceed- 
ings in case of, - 27 
Refusal to furnish lists, duty of assessor 

incase, - - 15 

to take oath when required, 15, 16 
Reports of merchants, - - 11 

Return of assessments, how made, 16, 49 

Reduction of assessments, how made, 16, 49 
Receipts of collectir to be filed with 

county treasurer, - - 26 

Real property, definition of, - 35 

when listed, - - 39 

rule of valuation for assessment, - 40 
how listed, - - 51 

wlen in less quantities than gov- 
ernment survey-, - - 52 
by whom to be assessed, - 55 
liable for taxes on personal prop- 
erty, - - 103 
Revenue, regulation of in counties 
adopting township organiza- 
tion, - - 67 
in what collected, - 67,99 
Register office See Appropriation, - 239 
Reynolds H. G. See Roads. 
Records, of Massac, to be transcribed, - 225 
to be evidence, - - 226 
of La Salle, to make indexes to, - 167 
compensation for, - - 167 
Sangamon county, authorized to 
transcribe, - - 167 
Recorder's court, established in Chicago, 147 
jurisdiction of, - - 147 
election of officers, - - 148 
to have seal, - - 148 
expenses to be paid by city, - 148 
appeals from J. P. taken to, - 148 
state's attorney to be prosecutor, 149 
grand and petit jury, how selected. 149 
clerk to give notice of drawing lor 

jurymen, - _ 149 

change of venue taken, - 150 

appeals taken from, - 150 

terms of court, - - 150 

Recorderof city of Chicago, salary and 

fee9 of, - - 148 

vacancies, how filled, - 150 

Reed, W. T. See Roads, - - 267 

Right of way, act granting, -182 

mode of condemning, -201 

commissioners to assess damages, 201 

Richland county, collect special tax, - 227 

Richey, R. W. See Roads, - 267 

Roll of assessment, - 19,20 

Rockwood, Tho., change name, - 95 



Rockton, to subscribe stock to railroad, 169 
manner of vote, - _ no 

borrow money, - - 190 

application, _ _ jp,2 

to define boundaries, _ 904 

Rolston, Wm. H. See Roads. 
Roff, Wm. H. See School Director* - 187 
Roper, D. See Roads. 
Rose, E. J. See Koads. 
Roads, from Springfield, in Sangamon 
county, to Mt. Pulaski, in Lo- 
gan county, - _ 130 
to amend law in relation to, 176 
from P-kiri, in Tazewell county, 

to Postville, in Logan county, 131 
from Wabash river to Ewington, 

in Effingham county, _ 132 

from Macomb, in McDonongh 
county, to Can'on and Liver- 
pool Plank Road, in Fulton 
county, - _ 133 

from Dallas city, in Hancock 
county, to the Fulton county 
line, ' - - 134 

from Woodsville, in Adams coun- 
ty, to the Mississippi river, to 
a point opposite 'fully, Mis- 
souri, - _ J35 
from Ottawa, in La Salle county, 

to Homer, in La Salle county, 136 
from Virginia, in Cass county, to 

Vermont, in Fuiton county, - 136 
from Freeport, in the county of 
Stephenson, to Savanna, in the 
county of Carroll, - 137 

from Elizabethtown, in Hardin 
county, to Mt Vernon, in Jel- 
ferson county, - - 138 

from Victoria, in Knox county, to 

Henderson, in said county, - 139 
from Murphysboro, in Jackson 
county, to Marion, in William- 
son county, - - 139 
from Hutsonville, in Crawford 
county, to Olney, in Richland 
county, - - 140 
from Decatur, in Macon county, 
to New Albany, in Coles coun- 
ty, - - 142 
from Shelby ville in Shelby county, 
to Mt. Auburn, in Christian 
county, - - 143 
from Winchester, in Scott county, 
to Taylorville, in Christian 
county, - - 144 
from Knoxville, in Knox county, to 

Genesseo,in Henry county, 145 

from Peorin, in Peoria county, to 
Rock Islam., in Rock Island 
county, - - 155 

from Mascoutah, in St. Clair 
county, to Pinckneyville in 
Perry county, - - 156 

from Lebanon, in St. Clair county 
to Sparta, in Randolph county, 159 



[ xiv ] 



INDEX. 



Roads, from the mill of Wm. Huchins, in 
Perry county, to state road from 
Nashville to Sparta, - 158 

from Athens, in St. Clair county 
to Sparta, in Randolph county, 158 

from Taylorville, in Christian 
county, to Springfield, in San- 
gamon county, - - 187 

from Walnut Hill, in Marion 
county, to Pinckneyville, in 
Perry county, - - 193 

from Peoria, in Peoria county, to 
Rock Island, in Rock Island 
county, - - 194 

across the bottoms of Crooked 
creek and Illinois river, - 195 

from Shawneetown to Urbanna, 196 

in Cook, Du Page and Lake 
counties, - - 197 

from a point on South Plank road 
to a point between sections three 
and tour in Cook county, - 199 

from Oswego, in Kendall county, 
to Little Rock, in said county, 205 

relocate part, from Peru to Ga- 
lena, - - 207 

relocate part, in Iroquois county, 207 

relocate part Irom Jacksonville, 
in Morgan county, to Vandalia, 
in Fayette county, - 208 

from the state line* of Indiana to 
state line of Wisconsin, - 209 

vacate Sycamore and stale line 
state road, - - 213 

change location of Astoria and 
Lewistown, - - 223 

relocate from sec. 7, T. 34 N., R. 
1 E , 3d principal meridian, to 
La Salle, - - 266 

from Farmington, Illinois, to Bur- 
lington, Iowa, - - 267 

from Ottawa, in La Salle county, 
to SpriDgfield, in Sangamon 
county, - . 267 

from Ottawa, in La Salle county, 
to sec. 10, T. 33 N., range 3 
east, - - 268 

locate in Adams county, - 274 

from Lima, in Adams county, to 
Chili, in Hancock county, - 270 

from Henry, in Marshall county, 
to Wethersfield, in said county, 273 

from Lacon to Illinois Central 
Railroad, - - 273 

from Quincy, in Adams county, to 
Rushville, in Schuyler county, 274 
Rockford, authorized to borrow money, 189 

application of money, - ]89 

levy and collect tax, - 189 

to elect additional J. P., - 169 

Robinson, J. P., appointed comm'r, - 248 
Rock Island Bank, auditor to file reports 

of, - - - 2-^8 

Ruddle, John M. See Roads. 
Russell, J. W. See Roads. 



Russell, James. See Roads. 

Rushing Joel. See Roads. 

Ruggles, J. M., appointed commissioner, 248 



s. 



- 167 

- 254 

- 25 



Sangamon county, records of, 

prevent killing wild game in, 

Sale of property, to make taxes, 

Sanger, L. P. See Roads. 

Sadler, R. See Roads. 

Saline county, running line of, 
relocate county seat of, 
vote taken on, 
clerk give notice, 
manner of canvassing-, 
commissioners to locate, 
county court to erect buildings 
dispose of property belonging to, 214 
county judge to execute deeds, - 214 

Scott county, time of holding courts in, 60 

School directors, West Jacksonville to 

levy special tax, - 168 

purchase masonic hall, -168 

legalize the acts of W. Woosley, 
W. P. Roff and F. R. Duicher, 187 

School houses and lands exempt from 

taxation, - 5, 37 

School fund, to increase, - « 90 

fines made part of, - - 90 

School tax in districts therein named le- 
galized, - - 95 

School commissioners, duty of when col- 
lectors refuse to pay, - 122 
to examine teachers, - 246 
when to give certificates of quali- 
fications, - - 247 

School districts, to attach fractional 
township 5 N.,R. 9 E., 
create in Adams county, 
in De Kalo, to borrow money, 
application of, 

Schuyler county, borrow money, 
pay certain persons, 

Securities, of collectors, how protected, 81 
of guardians, how released, - 164 



- 185 

- 186 

- 192 

- 192 

- 145 

- 249 



60 
121 



of administrators, how released, - 
of executors, how released, 
of collectors, liabilities of, ' 
Seehorn, J. M. See Roads. 
Secretary of state, transmit copies of act 
to give notice of organization 
of the 17th judicial circuit, 
statement of census to auditor. 86, 
give notice of organization of 16th 

judicial circuit, - - 128 

furnish Will and Iroquois with 
copy ol law organizing county 
of Ksnkakee, - - 163 

salary of, - - 179 

have laws printed, - - 230 

transmit to clerks of Cook and 

Kane, - - 274 

office of. See Appropriation, - 238 



INDEX. 



L xv] 



Secretary of state, appropriation for de- 
ficiency of 1851, - - 238 
Sereubarger. See Roads. 
Sedgwick, S. J. See Roads. 
Secretary of senate, pay of, - 176 
assistant, pay of, - -176 
Sergeant-at-arms anddoorkeeper,pay of, 166 
Bssistanti, pay of, - - 166 
Shannehan, Wm. See Roads. 
Sheep, prevent running at large in the 
counties of Henry, Will and 
Livingston, - - 152 
penalty for, - - 152 
'rom running at large in Du Page, 152 
penalty for, - - 152 
from running at large in Iroquois, 211 
Selby & Clayton. See Appropriations, 239 
Sheriff, make tax deeds, - -256 
when county collector. See Col- 
lector, " - - 99 
to execute warrant against collec- 
tors, - - 28 
make return to county treasurer, 28 
to pay over money collected to 

county treasurer, - 28 

when to pay to town officers, - 29 
character of return to be made by, 29 
to incur penalty for neglect, - 29 
attachment against, - 29 

official bond, when to be sued on, 29 
duty of, when receiving auditor's 

warrant, - - 72 

penalty for paying into treasury, 73 
to perform duties at recorder's 

court Chicago, - - 149 

duty in case of insanity, - 244 

to make deeds in Prairie du 
Rocher, - - 250 

Smith, James. See Roads. 
Snyder, Adam, for the relief of, - 96 

Spencer, Wm. H. See Church Edifices, 251 
Spees, J. See Church Edifices, - 251 

Speaker of the House. See Appropria- 
tion, 
of the Senate. See Appropriation. 
Stephenson county, prevent killing game 

in, - - 254 

Stocks, when exempt from taxation, - 6 
how valued, - - 13 

investment in, definition, - 35 

Stock-jobbers. See Bankers. 
Statement to assesiors, what to contain, 39 
State lands, to provide for sale of, - 231 

auditor to sell, - - 231 

for what sold, - - 231 

where sold, - - 231 

when subject to entry, - 232 

price reduced, - - 232 

auditor send list to county clerk, 232 
money arising from sale paid into 
treasury, - - 232 

State indebtedness, provided for, liquida- 
tion of, - - 231 
governor to invest bonds in, - 232 



States' attorney, election of, in 17th ju- 
dicial eircuit. - - 61 
duties of, - - 61 
salary of, increased, - 95 
of 10th circuit to be of 16th, - 128 
to prosecute for recorder's court, 149 
appointment pro tern., -130 
Steamboats liable for acts of officers, - 166 
St. Clair county issue bonds, - 219 
property pledged for payment, - 219 
subscribe to plank road, - 219 
build court house, - 220 
vote to be taken, - 220 
lands surveyed to, - 223 
Stone coal, weight of, - - 256 
State indebtedness, surplus funds to be 

applied to purchase of, - 200 

auditor to issue warrants for pur- 
chase of, - - 200 
governor to purchase, - 200 
State librarian. See Appropriations. 239 
State library, repairs to be made, - 229 
appropriation, - - 229 
Supervisors of towns, to receive surplus 

tax, - - 26 

when to appoint collector, - 27 

board of, when to abale taxes, 16,17 
decision not final until approved 

by auditor, - - 17 

to examine assessment roll, - 19 

to assess property omitted by as- 
sessor, - - 19 
to make assessment for couDty 

purposes, - 82, 19 

to make assessment for town pur- 
poses, - 19, 20 
to cause surveys to be made on 
lands, when divided by county 
lines. - - 22 
cause plats to be made, - 22 
to allow treasurers credit for de- 
linquent list, - - 27 
when to issue new warrant, - 28 
Surveys, when required by assessors, 22, 53 
made when lands are divided by 

county lines, - 22, 53 

expense of, paid by trustees, 23, 54 
when made, — — 62 

Summers, John. See Roads. 
Surveyor to certify plats to auditor, 22, 53 
certify to plats, - - 52 

to survey wet lands in Prairie du 
Rocher, - - 251 

Surplui money arising from lales, to 

whom paid, - - 26 

Swamp lands, when exempt from taxa- 
tion, - - - 37 
eurveyed to St. Clair, - 223 
act to dispose of, - - 93 
agent to report to auditor, - 93 
conveyed to Lee county, - 224 
be sold, - - 224 
may be leased, - - 224 
Swift, M. H. See Roads. - 268 



[ xvi ] 



INDEX. 



Swine, to prevent from running at large 
in the counties of Henry, Will 
and Livingston, - - 152 

penalty for, - - 152 

from running at large in Du Page, 152 
penalty for, - 152 

from running at large in Iroquois, 211 
penalty for, - - 211 



Taylor T. See Roads. 

Taxation, property subject to, 3, 35 

of leased property, - 7 

of merchants, - 10, 42,44 

of manufacturers, - 10,42 

periods of, - - 14 

on property omitted by assessor, 

how made, - - 19 

for county purposes, how made, - 19 
for town purposes, how made, 14, 20 
of government lands, - 23 

of canal lands, - - 23 

of internal improvement land, - 23 
to be made with reference to what 

time, - - 24 

of real estate, - - 45 

turnpike and plank roads, - 45 

rate for state purposes, - 124 

Tax, valuation to be estimated by clerk, 20 
when added, - - 115 

when made by sale of property, - 25 
payment to be demanded, - 25 

when refunded, - 82, 116 

when twice paid, - 83,118 

collector give receipt for, - 83 

when due, - - 68 

to be computed by clerk, - 69 

for preceding year added, - 69 

property liable for, - - 70 

town lots, how sold for, 71, 103 

collected in Hancock county, - 168 
Warren county, to levy special, - 171 
judgment for in Macoupin legal- 
ized, - - 218 
Menard to levy special, - 226 
Lawrence and Richland to levy 

special, - - 22 

in Kankakee released, - 227 

Union county authorized to levy, 234 
Kane county levy special tax, - 236 
time extended for collection of, in 

Kane county, - - 236 

time extended for collection of, in 

Crawford county, - 236 

omitted in former assessments, - 260 
how collected, - - 260 

counties authorized to levy and 

collect, - - 260 

sheriff to make deeds for sales un- 
der, - - 256 
sales, how redeemed from, - 81,115 
list tor town collector, to be made 

alphabetical, - - 69 

deeds made by sheriff valid, - 25(i 



13 



Telegraph companies, how assessed, 
Thomas, Syms. See Roads. 
Thomas, VVm. See Roads. 
Thomas, Jospph. See Roads. 
1 Thompson, J. V. See Roads. 
Timothy seed, weight of, - - 256 

Town clerk to file original assessment 

rolls, - - 20 

Town tax, surplus to be paid to supervi- 
sors, - - 26 
Town lots, how sold for taxes, - 71 
Town and city lots, when sold for taxes, 71, 

104 
Toll-brdge across Lusk creek, - 182 

Treasurer, to pay over taxes collected, - 20 
compare statement with tax list, - 21 
take receipt from town collector, 26 
allow collector credit for delin- 
quent list. - - 27 
issue warrant against collector, - 28 
give notice to town supervisor of 

collector's default, - 29 

issue attachments against sheriffs', 29 

to be ex officio assessor, - 46 

it fail to give bond or take oath, 6, 7, 

46 

fees for paying out, - 88 

not to buy auditor's warrants or 

county orders, - - 121 

Treasurer of state, salary, - -178 

pay appropriation for agricultural 

society, - - 34 

office. See Appropriation, - 238 

Trustees of schools, to convey certain 

real estate in Stephenson co'y, 179 
convey real estate in Alexander 
county, - - 179 

Trustees of insane hospital, appointed 

by governor, - - 241 

to be classed, - - 241 

powers of, - - 241 

time of meeting, - - 242 

vacancy, how filled, - 242 

Trenton, town of, abolished, - 206 

Turnpike, to list for taxation, - 45 

make return to assessor, - 45 

Turley, G. W. See Roads. 

u. , 

Union county, authorized to borrow mo- 
ney, - - 234 
application of, - - 234 
authorized to levy tax, - 234 
"Unionist." See Appropriation, - 239 
Usury, corporations prohibited from 

interposing defence of, - 34 



Valuation, of property, rule of, 8, 40 

of stocks, - - 13 

of property, how often made, - 14 

excessive, bow remedied, 16, 17 



INDEX. 



[ xvii ] 



PAGE. 




PAG*. 


Valuation, of real estate, 


40 


West, Catharine, change of name, 


. 


92 


of personal property, 


40 


Weeks, James. See Roads. 






Vacancy, in office of collector, how fillec 


, 27 


West Jacksonville, school directors 


au- 




in treasurer's office, how filled, - 


47 


tborized to levy special tax, 


. 


169 


Verden, J. C. See Roads. 




White county, boundary line of, 


. 


265 


Venue, change of, from recorder's court, 


150 


Wheeler, Jerry. See Roads. 






from Cook court of common 




Whiteside, J. A. See Roads. 






pleas, 


175 


Whipping, law repealed, 


_ 


184 


Victor, to organize, town of, 


204 


Will county, prevent sheep and swine 




boundary, 


204 


from running at large in, 


- 


152 


privileges, 


204 


prevent killing wild game in, 


- 


254 


countyclerk, to give notice, 


204 


Wilson, John A. See Roads. 






Vion, Leon, appointed commissioner, - 


249 


Wilson, R. S. See Roads. 










Wild game, prevent killing, 


- 


54 


w. 




penalty for, 
Winnebago county, prevent killing 


wild 


54 


Warrants, to be attached to assessment 




game in, 


- 


254 


roll, 


20 


Woodward, Wm., for the relief of, 


■ 


92 


to require return by 15th Febru- 
ary each year, 
when to make new, 




Woodside, J. J. See Roads. 






20 


Woosly, W. See School Directors. 






28 


Woughop, J. See Roads. 






to collect taxes unaccounted for, 


28 


Worley, J. See Roads. 






Warren county, levy special tax, 


171 


Wood yards, owners of, protected, 


- 


166 


when collected, 


171 








Washington county, rooms of jail, 


225 


Y. 






county court to occupy lower 










rooms, 


225 


Yarnel, Samuel. See Roads. 







J