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Full text of "Laws of the State of Illinois"

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LAWS 



THE STATE OF ILLINOIS. 



PASSED BY THE 



WENTIETH GENERAL ASSEMBLY 



CONVENED JANUARY 5, 1S57. 



SPRINGFIELD: 

LANPHIER k WALKER, PRIXTEKS. 
1857. 



PUBLIC LAWS. 



AN* ACr to eatablisli the ninoteetli judicial circuit, and declare what coun- ^".,f;''[|g-^''""»''>' 
ties shall compose the third judicial circuit, aud to fix tlic tiiuLis of hold- " ' • 
ing courts ia said circuits. 

Section 1. Beit enacted by Ihe people of the state of 
Illinois^ represented in the General Jlssemhly, Tiiat the 
counties of Pulaski, Massac, Pope, Hardin, Gallatin and 
Saline shall composeSi judicial circuit, to be called the 
"nineteenth judicial circuit of the state of Illinois," and 
that circuit courts shall be holden at the respective county 
seats of the said counties at the times following, to-wit : 

In the county of Pulaski, on the second Monday in April '^''J'^^f,.;;'' ''"'''"'- 
and first Monday in September. 

In the county of Massac, on the Mondays following. 

In the county of Pope, on the second Mondays follow- 
ing. 

In the county of Hardin, on the Mondays following. 

In the county of Gallatin on the second Mondays follow- 
ing, and 

In the county of Saline, on the second Mondays follow- 
ing. 

§ 2. All writs, subpoenas and recognizances and other Proce.s. 
process, whi^h maywhave been or may be issued and made 
returnable to the terms of 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 courts 
in said counties, as herein required to be holden; 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 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 in March next an election Election. 
for a judge and a state's attorney of said judicial circuit 



1857. 4 

shall be holden, which shall be conducted, and returns 
thereof made and certified and canvassed in the manner 
provided by the constitution and laws of this state. Said 
judge, when elected, shall hold his office uptil the next 
reonlar and general election for judges, as provided by the 
constitution, and until his successor is elected and quali- 
fied. 

§ 4. The said circuit judge, when elected, shall exer- 
cise all the powers, perform all the duties, and have all the 
jurisdiction and iauthority now had or hereafter to be re- 
quired of or exercised by circuit judges of this state, under 
the constitution and laws of this state, and shall receive the 
same compensation as other judges are, entitled to receive 
by the constitu'ion and laws of this state. 

§ 5. Tlie state's attorney elected under this act shall 
discharge all the duties and receive the like fees and com- 
pensation for services as such as appertain to said office by 
tlie constitution and laws oi" this state. 

§ 6. It shall be the duty of the secretary of state to 
cause a certified copy of this act to be immediately trans- 
mitted to each of the clerks of the circuit and county 
courts of said counties, and the clerks of the county courts 
of said counties shall issue notices of the said election to 
the sheriffs thereof, respectively, vt'hich notices shall be 
posted up by them in the several precincts, in all respects 
in like manner as provided in the constitution and laws of 
this slate for holding general elections. 

Turdcirc'j;'. § 7. Til at the countics of Johuson, Williamson, Frank- 

lin, Perry, Jackson, Union and Alexander shall compose 
the third judicial circuit ot the state of Illinois; and the 
circuit courts of said counties shall be held at the respec- 
tive county seats thereof at the times following, to- wit: 

Times of Lowing Ju (jje couutv of Johuson, ou the fourth Monday in 

courts* • 

March and third Monday in August. 

In the county of Williamson, on the Mondays following. 

In tl.e county of Franklin, on the second Mondays fol- 
lowing. 

In the county of Perry, on the Mondays following. 

In the county of Jackson, on the Mondays following. 

In the county of Union, on the second Mondays follow- 
ing, and 

In the county of Alexander, on the second Mondays fol- 
lowing, and to continue in the last mentioned county indefi- 
nitely until the business therein shall be disposed of. 
Proces.. All writs, subpcEnas, recognizances and other process 

which may have been or may be issued and made return- 
able to the terms of courts in the said third judicial circuit, 
as heretofore required to be holden, shall be deemed and 
taken to be returnable to the said terms of the court as 
required to be holden under this actj and all notices which 



1857 



may have been ojlven, either by publication or otherwise, 
with reference of [to] the terin5 as heretofore required to 
be holden, shall, by force of this act, refer to the terms of 
courts as required to be holdea under this act; and all pro- 
ceedin<ys penJiiig in said courts shall be taken up and dis- 
poned of as if no alteration had been made in the time of 
holding said courts. 

§ 8. All acts and parts of acts conflicting with the pro- 
visions of this act shall be and the same are hereby re- 
pealed. 

This act to take effect and be in force from and affer 

its passage. 

ApproVkd Feb. 7, 1S57. 



CuUllS. 



A:^ act to cliange the fifth and tenth jadicial circuits, and tix the time of ^"^''''^'g/i*' ""' 
hohling courts therein. *' ' 

Section 1. Bt it enacted hy the people of the state of 
IlUnots, represented in the General Assemhlij, That the 
fifth judicial circuit shall be composed of the counties of 
Fulton, McDonough, Schuyler, Brown and Pike, and the^ 
tenth judicial circuit shall be composed of the counties of 
Mercer, Henderson, Warren and Knox. 

§ 2 That -hereafter courts shall be hoMen in said 
counties as follows, to-wit: 

Fulton, on the fourth Mondays of February, on the ti no. of howing 
fourth Mondays of May, and on the second Mondays of 
November. 

Pike, on the second Llondays of Mar(3h and on the first 
Mondays of September. 

McDonough, on the first Mondays of April and on the 
first Mondays of October. * 

Brown, on the third Mondays of April and on the fou*-th 
Mondays of September. 

Schuyler, on the fourth Mondays of April and on the third 
Mondays of October. 

Mercer, on the second Mondays of March and on the 
last Mondays of August. 

Warren, on the third Mondays of March and on the third 
Mondays of September. 

Henderson, on the first Mondays of April and on the 
second Mondays of September. 

Knox, on the third Mondays of April and on the third 
Mondays of October in each year. 

§ 3. All summonses, subpoenas, writs, notices, declara- 
tions in ejectment, bonds, recognizances, venires, and pro- 



1857, 



cess of every description made and served for or returnable 
to the terms as now fixed bylaw, sliallbe sufficient for the 
terms in the several counties, respectively, occurring af- 
ter tlie passage of this act, and be treated with like force 
and etlVct as if the same had been issued, given or made 
returnable to the said several terms, as herein provided 
for; and whenever the period of one year shall expire 
from the rendition of any judgment in ejectment before the 
terms as herein fixed by this act, whereby any party shall 
be prevented from making a motion to vacate tlie judgment 
and for a new trial under the provisions of the statutes, it 
shall and may be lawful to make such motion at the term 
fixed first occurring after the expiration of such year, and 
the like juoceedings shall be had thereon as if the same had 
been made witliin the said period of one year. 

§ 4. This act shall be in force from and after its pas- 
saore. 
^ Afproved Jan. 29, 1857. 



courts. 



Inforri-K>bri:.-ry AX ACT to establish the twentT-sccoud judicial circuit, and to fix the time 
5j "^^"- for holding courts in the sixtli circuit. 

Section 1. Be it enacted hy tlie people of the state of 
Ji/inois, repj'esented in the General Assembly, That the 
counties of Lee, Ogle, Whiteside and Carroll shall compose 
a judicial circuit, to be called the "the tv/enty- second ju- 
dicial circuit of the state of Illinois," and the circuit courts 
shall be holden at the respective county seats of the said 
counties at the times following, viz : 

In the county of Ogle, on the first Mondays in March, 
June and October. 

In the county of Carroll, oTi the third Mondays in March 
and third Mondays in October. 

In the county of Whiteside, on the fourth Mondays in 
March and fourth Mondays in October. 

In the county of Lee, on the second Mondays in April, 
the tliird Mondays in June and second Mondays in Novem- 
ber. 

^ 2. Or. the first Monday of March next an election 
for a judge and state's attorney for said judicial cir- 
cuit shall be holden, which shall be conducted and returns 
thereof made and certified and canvassed in the manner 
provided by the constitution and laws of this state. Said 
judge, when elected, shall hold his office until the next 
regular and general election for judges, as provided by the 
constitution, and until his successor shall be elected and 
qualified. 



7 1857. 

5 3. Tlie said circuit judge, when elected, shall exer- J-.r.iKiution. 
else all the powers, perform all the duties and have all the 
jurisdiction and authority now had or hereafter to be re- 
quired of or exercised by circuit judges of this state un- 
der the constitution and laws of this state, and shall receive 
the same compensation as other judges are entitled to re- 
ceive by the constitution and laws of this state. 

§ 4. Tiie state's attorney elected under this act shall 
discharge all the duties and receive the like fees and com- 
pensation for services as such as appertain to said office 
by the constitution and laws of this state. 

§ 5. It shall be the duty of the secretary of state to 
cause a certified copy of this act to be immediately trans- 
mitted to each of 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 the said election to 
the sheriffs thereof, respectively, which notices shall be 
posted up by them in the sever4 precincts, in all respects 
in like manner as provided by the constitution and laws of 
this state for holding general elections thereof. 

§ 6. That the circuit courts of the counties composing sixniurctnt. 
the sixth judicial circuit shall be holden at the county 
seats of the respective counties at the times following, 

in the county of Rock Island, on the third Mondays in Tma^soniowin? 
March, the first Mondays in June, September and Decem- 
ber. I T,/r 1 -AM 

In the county of Henry, on the second Mondays m April 
and first Mondays in October. 

^ 7, All indictments, suits, causes, motions, recognj- Procc??. 
zances and other proceedings pending in said courts shall 
stand for hearing, trial, judgment and disposition at the 
terms of the court fixed by this act, in the same manner 
and with like effect as if uo change had been made in the 
times of holding said courts. All recognizances, writs and 
process, heretofore or hereafter to be entered into, issued 
or returnable to the terras of said ccurt^, as heretofore re- 
quired to be holden, shall be deemed and held to be re- 
turnable to the terms as fixed by this act. No right which 
any party, plaintiff or defendant, in^any action of ejectment 
had by virtue of any law now in force to a new trial in 
' such action, shall be prejudiced or in any manner taken 
away by any change or alteration made by this act in the 
times of holding courts in any of the counties in said cir- 
cuit, but new trials shall be granted at the regular terras, 
where the parties would be entitled to nev/ trials, the same 
as if the times of holding said terms had not been changed. 

§ 8. The judges of said circuits may, when they shall special terms. 
deem it for the public interest, call a special terra of the 
circuit court in any county of said circuits, for the trans- 



1857. 8 

action of either criminal, chancery or common law busi- 
ness exclusively; and when a special term sliall be called 
tor doing chancery business exclusively no jurors shall be 
summoned, and when called for the transaction of the 
common law business exclusively no grand jury shall be 
summoned to attend said terms. 
Putr of county A J). The county courts or the boards of supervisors, 
(as the case may be,) in the respective counties m the 
sixth judicial circuit, in which the circuit courts are al- 
lowed to sit more than two weeks, are autiiorized to se- 
lect forty-eight qualitied jurymen to serve as petit jurors 
during the terra of the circuit court; twenty-four of whom 
shall be selected to serve during the first two weeks of the 
court, and summoned to attend on the first day of the term, 
and twenty-four shall be selected to serve during the bal- 
ance of the term, and summoned to attend on the third 
Monday of the term. 

§ 10. This act shall take effect and be in force from and 
after its passage, and the secretary of state is directed to 
liave the same piinted, and to transmit without delay five 
copies thereof to the clerk of each circuit court in the 
sixth judicial circuit. 

Approved Feb. 5, 1857. 



cow IS. 



'°-'*?^7 **""*'' ^^ '''^^^ establishing the twcuty-iirst jiuiicia! circuit. 

Section 1. Be it enacted hy the people of the state of 
llHnoh, represented in the General Assembly, That the 
counties of Woodford, Tazewell, Mason, Cass and Menard 
shall compose a judicial circuit, to be called the "twenty- 
first judicial district," and that circuit courts shall be 
holden at the county seats of said counties at the times 
following, to wit : 

SPRING TERMS. 

T niei ai Loiding In tl^ic couuty of Woodford, on the last MonJ ay of March 
in each year. 

In Tazewell county, one week thereafter. 
In the county of Mason, two weeks thereafter. 
In the county of Cass, two weeks thereafter. 
In the county of Menard, two weeks thereafter. 

FALL TERMS. 

In the county of Woodford, on the first Monday in Octo- 
ber in each year. 

In the county of Tazewfll, one week thereafter. 
In the county of Mason, two weeks thereafter. 
In the county of Menard, two weeks thereafter. 
In the county of Cass, one week thereafter. 



9 1857. 

§ 2. There shall be an election holden in the counties Election u . 
above named on the secon'l Monday of March next, for 
the election of circuit judge of said circuit and of a state's 
attorney therefor, which election shall be conducted, the 
returns made and canvassed in the manner provided by the 
constitution and laws of tliis state. Said judge and state's 
attorney, when elected, commissioned and qualified, shall 
hold Uieir offices until the next general election of judges 
• and state's attorneys, as provided by the constitution, and 
until their successors are elected and qualified. 

§ 3. The said circuit judge and state's attorney, when jurisiiiction. 
elected and qualified, shall exercise all the powers, per- 
form all the duties now conferred upon and exercised by 
similar officers under the constitution and laws of this state, 
and shall receive therefor the same compensation that 
other judges and state's attorneys are entitled to receive 
by the constitution and laws of this slate. 

§ 4. The judges and state's attorney now having juris- 
diction and exercising authority within said counties, shall 
hold and exercise such jurisdiction and authority until the 
judge and state's attorney in this act provided for the judi- 
cial circuit herein created shall be elected, commissioned 
and qualified. 

§ 5. All writs, recognizances and process which may I'rocess. 
have been or may be issued and made returnable to the 
terms of court in said counties, as now required to be 
holden, shall be deemed and taken to be returnable to the 
terras of said courts as established by this act. And all 
notices which may have been given, either by publication 
or otherwise, with reference to the terms heretofore estab- 
lished in said counties, shall by force of this act refer to 
the terms of court as herein established ; and all proceed- 
ings pending in the courts of said counties shall be taken 
up, heard and disposed of at tlie several terms herein estab- 
lished, as if no alteration had been made in the times of 
holding said courts- 

§ 6. It shall be the duty of the secretary of state to cause 
a certified copy of this act to be immediately transmitted 
to the clerks of the circuit and county courts of said coun- 
ties establishing the circuit hereby created, and the clerks 
of the county courts of said counties shall issue notice.-^ for 
said election to the sheriffs of said counties, notifying the 
qualified electors of said counties, which shall be posted 
up by the sheriflfs in the several towns and precincts in said 
counties in the same manner as now provided by the con- 
stitution and laws of this state for holding general elections. 
This act to be in force from and after its passage. 

Approved Feb. 7, 1857. 



1857. 10 

iii force Fo'o. 7. AN ACT to chaiigo the time of hoiaiii;:? courts in tlio fourteenth judicial 
^^~ circuit. 

Section 1. Be it enacted bt/ the people of the state of 
Illinois^ represented in the General »dssemb!ij, That hereaf- 
ter the circuit courts shall be holden at the respective 
county seats of the counties composing tlie fourteenth judi- 
cial circuit at tlie times following, to wit: 

In the county of Jo Daviess, on the thirtl Monday in Oc-* 

Times i>t ht'IJiiii: •' i n t i • -\ ' i ii ai • i i\/r 

courts. tober, on tne second Monday ni iMarcn, on tiie tnird Mon- 

day in May, and on the third Monday in August. 

In the county of Stephenson, on the first Monday in 
September, on the first Monday in December, and on the 
first ^Monday in April. 

In tile county of "Winnebago, on tlie fourth P.Ionday of 
September, on the first Monday of February, and on the 
fourth Monday in April in each and every year. 

§ 2. All writs and process which may liave been or 
may be issued and made returnable to the terms of courts 
in said counties, as heretofore required to be holden, shall 
be deemed and taken to be returnable to said terms of the 
courts a§ required to be holden under this act, and all no- 
tices which may have been given, either by publication or 
otherwise, in reference to the terms as heretofore requi- 
red to be held, and all proceedings pending in said courts, 
sliall be taken up and disposed of as if no alteration had 
been made in the time of holding said courts. 

§ 3. All acts and parts of acts conflicting with the pro- 
visions of this act shall be and the same are hereby re- 
pealed. 

§ 4. This act to take effect and be in force from and 
after the first day of April next. 

Al'PROVED Feb. 7, 1857. 



Tdtatiijii U^rms 



In f«rce Feb. 14, AX ACT to change the time of holding courts in the seventh and tliirtecntii 
18S7. judicial circuits, and to regulate the practice therein, and in the Cook 

county court of common picas. 

Section 1. Be it enacted by the people of the state of 
llUmds^ represented in General </issenil)ly, That the vaca- 
tion terras of the circuit court of Cook county sliall here- 
after be held on the first Monday of Marcii and the second 
Monday of October, and the trial terms of said court on 
the second Monday of April and the third Monday of No- 
vember. 
T-^fT^s of holding § 2. That the terms of the Lake county circuit court 
shall hereafter be held on the first Mondays of February 



coiirtB. 



11 1857. 

and June, and the fourth Monday of September in each 
year. 

§ 3. That from and after the first day of July next th^ 
circuit courts in the thirteenth judicial circuit shall be held 
as follows : In the county of Kane, on the third Monday in 
January and on the second Mond?\ys of May and Novem- 
ber in each year. In the county of Boone, on tiie last 
Mondays in February and September. In the county of 
De Kalb, on the first Mondays in April and October. In 
the county of McHenry, on the Tuesdays after the tliird 
Mondays in April and October. The January and No- 
vember terms of the Kane county circuit court shall be 
held for the transaction of civil and criminal business, and 
all writs, recognizances and other processes or papers 
appertaining to criminal business shall be made returnable 
to said terms. The May term of said court shall be held 
for the transaction of civil business only, except in cases 
now provided for by law in reference to said term. 

§ 4. That no rights shall be prejudiced by the cisanges process. 
hereby made in the terms of said courts, and that all pro- 
cess, bail bonds, suits, recognizances, indictments, and 
proceedings of every nature, civil and criminal, shall be 
deemed to have been continued or made returnable to the 
terms herein established, and the same shall be proceeded 
in and have the like force and effect as if so made return- 
able or continued. 

§ 5. That the fourth and fifth sections of an act enti- sections of acts 
tied "An act to provide for the election of certain officers 
therein named," approved February 6th, 1849, as amend- 
ed by the seventeenth (17th) section of an act entitled 
"An act to regulate tlie practice in the circuit court of 
Cook county, and the Cook county court of common 
pleas," approved February 12th, 1853, shall apply to and 
be in force in said seventh and thirteenth judicial circuits, 
in relation to all suits now pending or hereafter brought 
therein. 

§ 6. That it is hereby declared to have been and to be Powej to asefss 
the true intent and construction of the said act regulating <^*™*see. 
the practice in the circuit court and Cook county court of 
common pleas, that the said court shall have power to as- 
sess damages, enter judgment and award execution at the 
vacation terms of said courts in alLcases arising p.r contracto 
or ex delicto^ where the defendant shall have been duly serv- 
ed with process, and shall make default whether the party 
has been served with a copy of the declaration and rules 
to plead or not. 

§ 7. That all suits pending in the said circuit court of suusmaybedi*. 
Cook county and Cook county court of common pleas, at ™'^^^''" 
any trial or vacation term of said courts, by appeal from 
any inferior court or jurisdiction, may be dismissed by said 



1857. 12 

courts: at either of said terms, whether the appellee 
have been served with process or not, unless tlie appellant • 
siiail file an affidavit of merits before the expiration of the 
' rule to plead as in otlier cases ; and no appeal cause shall j 

be continued at any trial term, except for cause shown ; 
upon affidavit, where the aj)pellee shall have been served j 
with processs on or before the first day of such term, or ' 
hi^ appearance shall be duly entered before the cause may ^ 
be called for trial. ■ 

, , . S 8. That iudfrments may be entered in vacation in the "i 

•oc entered iu Said circuit court of Gook countv and Look county court 1 
of common pleas, in all suits broiiglit on any instrument cf j 
writing for the payment of money only where the defend- i 
ant shall make default after being duly served with process i 
and a copy of the declaration and rule to plead not less ! 
than fifteen days before the entry thereof, where the de- j 
fendant is a resident of said county, or twenty days where i 
he resides without the county ; and said courts shall be 
considered as always open for the entry of such judgments I 
by default or judgment by confession, and judgment so en- ' 
tered shall have like force and effect as if entered in term , 
time: Provided, that before the entry of such judgment by ' 
default, the plaintiff shall file with the clerk an affidavit, by : 
himself or agent, that the debt is honafide one and that 
there are no just discounts or set-offs thereto. ' 

§ 9. Tiiat this act shall take eflect and be in force from ( 
and after its passage. ; 

Approved Jan. 14, 1857. 



In force Feb. u, AN ACT declaring what counties shall compose the eighth judicial circuit, and ( 
'^^^- fix the times of holding the courtiS and rcgvilate the i)ractice in said circuit. ■' 

Section 1. Be it enacted by the people of the state of I 
Illinois, represented in the General Assembly^ That hereaf- 
ter the following counties shall compose the eighth ju- ' 
dicial circuit, to wit : the counties of Logan, McLean, De 
Witt, Champaign and Vermilion. ' 

§ 2. Tiidt hereafter the circuit courts shall be holden 
at the respective county seats of the counties composing ! 
the eighth judicial circuit, at the times following, to wit : 

SPRING TERM. , 

"^ Muru. ''"''"'^ De Witt, on the first Monday of March. ^ 

Logan, on the third Monday of March. j 

McLean, on the second Monday thereafter. 
Champaigti, on the second Monday thereafter. 
Vermilion, on the second Monday thereafter. 



13 .1857. 

' FALL TERM . 

McLean, on the first Monday of S eptember. 
Logan, on the third Monday of September. 
DeVVitt, on the second Monday thereafter. 
Champaign, on the second Monday thereafter. 
Vermilion, on the first Monday thereafter. 

WINTKR TERM. 

McLean on the second Monday of December. 
There shall be no grand jury at said winter term, unless Gran.ijnry. 
in the opinion of the judge of said court it shall he necessa- 
ry, in which case he shall issue his order to the^ sheriff of 
said county, requiring him to summon a grand jury to at> 
tend said term, and the sheriff shall execute and return to 
said court said order, and the persons so summoned shail 
be a grand jury for said term. 

§ 3. All writs, subpoenas, recognizances and other mcess, 
process which may have* been or may be issued and made 
returnable to the terms of the circuit courts in said coun- 
ties, as heretofore required to be holden, shall be deemed 
and taken to be returnable to the said terir.s of the circuit 
court in said counties as herein required to be holden; and 
all notices which may have been given, either by publica- 
tion or otherwise, with reference to the term as heretofore 
required to be holden, shall, by force of this act, refer to 
the term 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 time of holding said courts. 

§ 4. That in all suits at common \&\v in the circuit 
courts of said circuit where interlocutory judgments shall 
be given upon the default of any defendant and the action 
is founded upon contract, whether such contract be in 
writing or otl erwise and the damages are unliquidated and 
do not'^rest in computation, the said court may, in its dis- 
cretion, without the intervention or empanneling of a jury, 
hear evidence and assess damages and enter final judgment 
therefor. 

§ 5. The judge of said court may, when he shall deem spedaitemn. 
it for the public interest, call a special term of the circuit tecaiieu. 
court in any county of said circuit, for the transaction of 
either criminal, chancery or common law business exclu- 
sively ; and when a special term shall be called for doing 
chancery business exclusively no jurors shall be summon- 
i ed, and when called for the transaction of common law 
"business exclusively no grand jury shall be summoned to 
attend said terms. 

§ 6. This act shall take effect and be in force from and 
after its passage; and the secretary of state is directed to • 
have the'same printed and to transmit without delay five 



1857. 



14 



copies thereof to the clerk of each circuit court in the eigh tli 
judicial circuit. 

Approved Feb. 11, 1867. 



In force 
H5T. 



Spring terms. 



Pa',; t«rHi8. 



AN ACT to establish the eighteenth Judicial circuit. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Asseniblij, Tliat the 
counties of Sangamon, Macoupin, Montgomery and Chris- 
tian, shall compose the eig'iteenth judicial circuit of the 
state of Illinois, and that circuit courts shall be holden 
at the respective county seats of the said counties at the 
following times, viz : 

In the county of Sangamon, on the third Monday of 
April next. 

In the county of Macoupin, on the second Monday of 
]\Iay next. 

In the county of Montgomery, on the second Monday 
thereafter. 

In the county of Christian, on the next Monday thereaf- 
ter. 

§ 2. And he it further enacted, That all writs, subpoe- 
nas, recognizances and other process which have been or 
may hereafter be issued and made returnable to the terms 
of the circuit court in tlie said counties, as heretofore re- 
quired to be holden, shall be deemed and taken to be re- 
turnable to the terms of the circuit court In the said coun- 
ties as herein required to be holden ; and all notices which 
may have been given, either by publication or otherwise, 
with reference to the terms of the circuit court in the said 
counties, as heretofore required to be liolden, shall by force 
of this act refer to the terms of the circuit court in the said 
counties as required to beheld under this act; and all pro- 
ceedings now depending in the circuit court of the said 
counties shall be taken up and proceeded with as if no al- 
teration had been made in the terms of holding the said 
courts. 

§ 3. And he it further enacted. That the next terms of 
the circuit court in and for the said counties shall be hold- 
en at the following times, viz : 

In the county of Sangamon, on the second Monday of 
August next. 

In the county of Montgomery, on the third Monday of 
September thereafter. 

In the county of Macoupin, on the next Monday there^ 
after. 



15 1867. 

In the county of Christian, on the second Monday there- 
after. 

In the county of Sangamon, on the next Monday there- 
after. 

And in the county of Macoupin, on the second Monday 
of December next. 

And thereafter the circuit courts in the said counties 
sliall be hnlden at the following times, viz : 

In the county of Montgomery, on the third Mondays of 
March and September. 

In the county of Macoupin, on the Mondays following. 

In the county of Christian, on the second Mondays fol- 
lowing. 

In the county of Sangamon, on the Mondays following, 
and on the second Monday of /Vugust. 

And in the county of Macoupin, on the second Monday 
of December in each year. 

§ 4. *dad he. it further enacted^ That on the sixth day Election. 
of April, A. D. one thousand eight hundred and fifty-seven, 
an election for a judge and state's attorney for the said 
eighteenth judicial circuit shall be held, conducted and 
returns thereof made and certified and canvassed as now 
provided by the constitution and laws of this state. The 
said judge, when elected and qualified, shall hold his office 
until the next regular election of circuit judges and until 
his successor shall have been elected and qualified. 

§ 5. And be it further enacted^ That the said circuit jurisuicuon. 
judge, when elected and qualified, shall have all the pow- 
ers, authority and jurisdiction now had or exercised, and 
shall perform all the duties now or hereafter to be required 
of circuit judges under the constitution and laws of this 
state, and shall receive the same compensation as other 
circuit judges under the constitution and laws of this state. 

§ 6. *dnd he it further enacted^ That the said state's 
attorney, when elected and qualified, shall discharge all 
the duties and receive like fees and compensation as other 
state's attornejs under the constitution and laws of this 
state. 

§ 7. And be itjurther enacted. That it shall be the duty 
of the secretary of state to cause a certified copy of this 
act to be immediately transmitted to each of the clerks of 
the circuit and county courts of the counties composing 
the said jadicial circuit ; and the said clerks of the said 
county courts of the said counties, respectively, shall issue 
notices for the said election of the said judge and the said 
state's attorney, to the sheriffs of the said counties, respec- 
tively, which notices shall be posted up by the said sheriffs 
in the several precincts of the said counties as provided by 



1S57. 16 

the constitution and laws in respect to general elections of 
circuit judges and state's attorneys in this state. 

§ 8. This act shall take effect and, be in force from and 
after its passai];o. 

Approved Feb. 11,1857. 



:ourts. 



Jn force Fob. ~, \S ACT to cstibllsli the twontietli judicial circuit in the state of Illinoi?. 

1S57. 

Section 1. Be if enacted by the people of the state of 
Illinois^ represented in the General t^ssembli/, That the 
counties ot Kankakee, Iroquois, Livingston and Holmes, 
shall compose a judicial circuit, to be called " t!ie twenti- 
eth 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 : 
Tim-'sof holding In the county of Kankakee, on the first Monday of April, 
and first Monday in September, and third Monday in De- 
cember. , 

In the county of Livingston, on the third Monday of 
March and third Monday of September. 

In the county of Iroquois, on the third Monday of April 
and on the third Monday of October. 

And in the county of Holmes,' should the same be crea- 
ted, on the first Monday in May and first Monday in No- 
vember in each year. 
E>ction to be § 2. Theic shall be an election held in said circuit on 
the second Monday in March next, for the election of cir- 
cuit judge and state's attorney for said circuit, which 
election shall be conducted and returns made thereof and 
canvassed in the same manner provided by the constitution 
and laws of this state. Said judge and state's attorney, 
when elected, commissioned and qualified, shall hold their 
offices until the next general election of judges and state's 
attorneys, as provided by the constitution, and until their 
succesiiors shall be elected and qualified. 

§ 3. It shall be the duty of the secretary of state to 
cause a certified copy of this act to be immediately trans- 
mitted to the circuit and county courts of said counties, 
and the clerks of the county court of said counties shall 
issue notice of said election to the sheriffs of said counties; 
notifying the electors of said counties, which notice shall 
be posted up by the sheriff of said counties in the several 
towns and precincts of said counties in like manner as 
provided by the constitution and laws of this state for hold- 
ing general elections. 



held. 



17 1857. 

§ 4. Said circuit juJge and state's attorney, when elec- 
ted and qualified, shall exercise all the power.^;, perform all 
the duties and have all the jurisdiction and autliority now 
had or hereafter to be required or exercised by the circuit 
judges and state's attorneys in this state, under the consti- 
tution and laws thereof, and shall receive the same com- 
pensation as other judges and state's attorneys are entitled 
to receive under the constitution and laws, 

§ 5. All writs, subpoenas, recognizances and other ?"><:♦«»■ 
process which may have been or may be issued out of and 
made returnable to the terms of the circuit court, as here- 
tofore required by law in said counties, sliall be deemed 
and taken to be returnable to the 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 other- 
wise, v/ith reference to the terms heretofore required to be 
holden, shall by force of this act refer to the terras of the 
courts as herein required to be holden ; and all proceed- 
ings pending in 'said courts shall be taken up and dispo'?ed 
of as if no alteration had been made in the terms of holding 
said court. 

§ 6. The judge of said circuit court shall have power, Jurigaiction. 
upon entering the proper order of record, during any term 
thereof, to fix any number of days or terms at which he 
will hear, at his chambers, general and special motions, 
arguments of demur and arguments upon agreed cases, 
and for the making all such interlocutory orders as maybe 
'necessary to expedite the proceedings in any cause; and the 
said court shall always be considered open for the liearing 
of all matters and applications on the chancery side there- 
of, and the granting of all such orders as may be required 
or necessary in the practice of said court : Provided^ that 
no final order, judgment or decree shall be entered in 
vacation, except judgment by confession, which may be 
entered at any time upon filing the proper papers with the 
clerk of said court, and shall have the same force and ef- 
fect as if entered in term time : ^nd pruvidr.d, further^ 
that the judge of said court shall examine the records of 
the general and special term.s of said court, as also all or- 
ders 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. 

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

Approved Feb. 7, 1857. 



—2 



1S57. IS 

XJ f>r • Feb '0. .\N' Av^T to 05taMi<"ii tl;o twontv-tliird judicial oircuit, and to fix the times 
i^"? lor holding courts iu the ninth judicial circuit 

Section 1. Be if enacicd by the people of the state of 
^llmois^ represented in the General .'issernblt/, That the 
T: :»-<.. 'h..M:ns counties of Bureau, Putnam and Marshall shall compose 
' the £3(1 judicial circuit, and that the circuit courts of said 

counties i^hall be held at the county seats of said counties, 
at the times following, to wit: In the county of Bureau, on 
thp first Mondays of April, September and January. 

In the county of Putnam, on the fourth Monday of April 
and fourth Monday of October. 

In the county of Marshall, on the first Monday of May, 
first Monday of October and fourth Monday of January, 
jtiecti.a £j i8 s 2. There shall be an election held in said circuit on tlie 
second Monday in March next, for the election of a circuit 
judee and state's attorney for said circuit, which election 
shall be conducted and return made and canvassed in the 
same manner provided by the constitution and laws of this 
state. Said jud}T;e and state's attorney, when so elected, 
commissioned and qualified shall held their oifices until the 
next general election of judges and slate's attorneys, as 
provided by the constitution and laws, and until their suc- 
cessors shall be elected and qualified. 

§ 3. It shall be the duty of the secretary of state to cause 
a certified copy of this act to be immediately transmitted to 
the clerk of the circuit and county courts of said counties, 
and the clerks of the county courts of said counties shall 
issue notices of said election, which notice shall be posted 
up in the several towns or precincts in said counties in 
like manner as provided by the laws of this state for hold- 
ing general elections. 

§ 4. The said circuit judge and state's attorney, when 
elected and qualified, shdll exercise all the powers and 
perform all the duties and have all the jurisdiction and 
authority now had or hereafter to be required or exercised 
by the circuit judges and state's attorneys in this state, and 
shall receive the same compensation as other judges and 
state'3 attorneys are entitled to receive by the constitution 
and laws. 
P'^'-**' ^ 5. All writs, subpoenas, recognizances and process 

wliich may have been issued out of and made returnable 
to the terms of the circuit courts, as iiereinbefore required 
by law in the said counties of Bureau, Putnam and Marshall, 
shall be deemed and taken to be returnable to said terras of 
tlie court as required to be holdon under this act; and all no- 
tices which may have been given, either by publicatio:: 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 



!y I'f Secreti- 



Jarisi);C.i ,d. 



19 1857. 

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. The circuit courts in the county of La Salle shall ''^""f," "' ^:*i"^'"« 
be holtien on the first Mondays in March, July and No- saiieami Keu- 
vember, and in the county of Kendall, on tho first Mondays 
of April and October in each year; and all writs and other 
process wliich has been issued, returnable to any term of 
said courts, or either of them, as heretofore fixed by law, 
shall be deemed and taken as returnable to the terms of 
said court fixed by this act. This act shall take effect 
and be in force from and after its passage. 

Approved Feb. 10, 1857. 



AN" ACT to dsfiuc what counties shall comprise the seventeenth judicial m force Feb. 12, 
circuit, and to regulate the time of holding courts therein. ^ ' ■ 

Section 1. Be it enacted hy the people of the state cf 
Illinois, represented in the General Assembly^ That the 
counties of Macon, Piatt, Fayette, Effingham, Shelby, 
Moultrie and Coles shall compose the seventeenth judicial 
circuit, and that circuit courts shall be holden in the re- 
spective county seats of said counties at the times foliov/- 
ing, viz : 

In the county of Macon, on the first Monday of April. '^'™^^^/ \^<s^i^^^ 
In the county of Piatt, on the second Mondays of April 
and ^September. 

In the county of Fayette, on the first Mondays there- 
after. 

In the county of Effingham, on the first Mondays there- 
after. 

In the county of Shelby, on the first Mondays thereaf- 
ter. 

In the county of Moultrie, on the first Mondays there- 
after. 

In the county of Coles, en the first Mondays thereafter; 
and 

In the county of Macon, on the third Mondays of July 
and November in each year. 

§ 2. All writs, subpoenas, recognizances and other Pr<jcess. 
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 held, shall be deemed and taken to 
, be returnable to the said terms of the circuit court in said 
counties as herein required to be holden, shall by force ot 
this act refer to the terms of the court required to be held 



1857. 20 

under tlii;: act in said counties ; and all proceedings pend- 
ing' in said courts shall be taken up and proceeded with as 
if no alteration liad been made in tlie time of holding said 
courts. 

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

Approved Feb. 12, 1857. 



1af..rve_Feb 13. _\x ACT dofuung thc pccond jvidicial circuit, fixing the time of holdini;' 
'^' courts tliercin, and ostablisliing au additional circuit, and for other purposes. 

Section 1. Be it enacted hy the people of the state of 
lllinoisy 7'eprcsentcd in the General tdssembli/^ That the 
sccju.i.mmt. secoud judicial circuit shall consist of the following coun- 
ties, namely: Clinton, Marion, Washington, Randolph and 
Monroe, and the courts shall be held therein as follows : 

In the county of Clinton, on the first Monday of March 
and August. 

In the county of Marion, on the second Monday of March 
and August. 

In the county of Washington, on the fourth Monday of 
3Iarch and August. 

In the county of Randolph, on the first Monday of April 
and September. 
r . .ii § 2. All writs and other process and recognizance 

which may have been or may be issued and made returna- 
ble to the terms of the circuit court in said counties, as 
heretofore required to be holden, shall be deemed and held 
to be returnable to said terms as herein established, and 
all notices which may have been given, either by publica- 
tion or otherwise, with reference to the terms as hereto- 
fore required to be holden, shall by force of this act, refer 
to the terms of the court, as required to be held by 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. 
Tw«nty-fourth § 3. There shall be an additional circuit established, 

'""''"" composed of the counties of Bond, St. Clair and Madison, 

to be known and styled as the twenty-fourth judicial cir- 
cuit, and the times for holding courts therein shall be as 
follows : 
''^ru ''''''^"'' I" the county of Bond, on the second Mondays of April 
and September. 

In the county of St. Clair, on the third Mondays of April 
and September. 

In the county of Madison, on the third Mondays thereaf- 
ter, 
to t^g § 4. On the firr^t Monday of April next, an election for 
a judge of the said twenty-fourth circuit shall be holden. 



M«ciu>a 
kc4d 



21 \ 1857, 

which shall be conducted and returns tliereof made and 
certified and canvassed in the manner provided by the 
constitution and laws of this state. Said judge, when elect- 
ed, shall liold his office until the next general election for 
judges, as provided for the constitution and until his 
successor shall be elected and qualified. 

§ 5. The said circuit judge when elected shall ex- 
ercise all the powers and perform all the duties and have 
all the jurisdiction and authority nov/ had or hereaf- 
ter to be required of or exercised by the several circuit 
judges of this state under the constitution or lav/s of this 
state, and shall receive the same compensation as other 
circuit judges are entitled to receive by the constitution 
and laws of this state. 

§ 6. The state's attorney elected at the last general 
election for the second judicial circuit, shall perform the 
duties of said office in the twenty-fourth circuit as estab- 
lished by this act. 

§ 7. Until the election to be held in November next, 
some person learned in the law shall be appointed by the 
judge of the second judicial circuit to conduct and prose- 
cute all criminal cases, and to attend to all business in which 
the people may be interested ; and at the said election in 
November next, a state's attorney shall be elected in said 
second judicial circuit, v/hose term of office shall expire at 
the next general election for state's attorneys, and who 
shall receive the salary and emoluments now provided by 
law for state's attorney. 

§ 8. It shall be the duty of the secretary of state to 
cause a certified copy of this act to be immediately trans- 
mitted to each of the clerks of the circuit and county 
courts of said C3unti8S, and the clerks of the county courts 
of said counties shall issue notices for the said election ^o 
the sheriffs thereof respectively,which notices shall be post- 
ed up by tj^em in like manner as provided by the consti- 
tution and laws of this state for holding general elections. 
§ 9. This act shall take effect and be in force from and 
after its passage. 

Approved Feb. 12, 1857. 



AN ACT to chance the time for holding courts in the first judicial circuit. In force Feb. \i, 

1837. 

Section 1, J3e it enacted by the penple of the state of 
lllinuis^ represented in the General Assembly >, That here- 
after courts shall be holden in said circuit as follows, to 
wit : 



1S57. 22 



«.v,:rt 



of u-uing In t}^e county of jNIorp^an, oa the third Monday of Marcli 
and second Monday in October. 

In the county of Greene, on tha second Monday in 
April and first Monday in September- 

In the county of Jersey, on t!ie fourth Monday of April 
and third Monday in September. 

In the county of Calhoun, on the first Monday of May 
and the fourth Monday in September. 

In the county of Scott, on the second Monday in May 
and first Monday after the fourth Mondr.y in September. 

§ 2. All summonses, subpoenas, writs, notices, decla- 
rations in ejectment, bonds, recognizances, venues and 
[,rocess of any description made and served for or return- 
able to the times as now fixed by law, shall be sufficient 
for the terms in the several counties respectively, occur- 
ring after the passage of this act, and be treated by like 
force and effect as if the same had been issued, given or 
made returnable to the said several terms as herein provi- 
ded for. In all cases when a judgment in an action of 
ejectment has be'en rendered in any of said counties where 
a right may exist to have a new trial under the provisions 
of the statutes now in force within o:ie year thereafter, 
and the parties thereto shall be unable to make applica- 
tion therefor within such time, by reason of the change of 
the time of holding courts as herein made, it shall be law- 
ful for any such court to award and grant any such new 
trial at the terms as herein provided for, first occurring 
after the expiration of the year afore.'^aid. 

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

Approved Feb. 14, 1857. 



In 'orca Veb 12 AN ACT to regulate the time of holding courts in the fourth judicial circuit. 
1867. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the Gen,eral Aisemhly.^ That here- 
Timeaof hoMing after the circuit courts in and for the fourth judicial circuit 
°*""^' in this state shall be holden as follows : At the town of " 

Paris, in the county of Edgar,on the first Mondays of April 
and September. At the town of Prairie City, in the coun- 
ty of Cumberland, on the second Mondays thereafter. At 
the town of Newton, in the county of Jasper, on the Mon- 
days thereafter. At the town of Louisville, in the county 
of Clay, on the Mondays thereafter. At tiie town of Olney, 
in the county of Richland, on the Mondays tliereafter. At 
the town of Lawrenceville, in the county of Lawrence, on 



23 1857. 

the Mondays thereafter. At the town of Robinson, in tlie 
county of Crawford, on the Mondays thereafter. And at 
the town of Marshall, in the county of Clark, on the second 
Mondays thereafter, in each and every year, and until oth- 
erwise provided by law. , 

^ 2 AH writs or other process which may have been 
or which may be issued and made returnable to the terms 
of court in said counties as hereafter required to be holden, 
shall be construed as returnable to the terms to be holden 
under this act, and all notices which relate to said terms, 
published in pursuance of law, and all proceedings pending 
in said courts shall be treated, taken up and disposed of as 
it no change in the time of holding said courts were now 

here made. ,. , n« i. •*.' <.' i->.,-^r,ru.- ■>,,■< 

§ 3. All laws or parts of laws which conflict witn tne u...r.,... .. 

provisions of this act are hereby repealed. p.^.^. ^^ 3,,^^, 

§4. This act shall take effect and be m force irom and ry. 

after its passage, and the secretary of state shall forth- 
with cause certified copies of the same to be transmitted to 
the clerks of the circuit and county courts of tne several 
counties composed in said fourth judicial circuit. 
Approved Feb. 12, 1857. 



AN ACT to ninend "An act to cstablie.li a general system of banking,^' passed l" ^o-c=.^.b. H. 
February IStli, 1851, and the acts amendatory t.icrcot. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, Every banker 
or banking association organized or doing business under B.,.sv.b.. ..- 
the laws of this state shall transact all business in the 
name of the bank, at the place at which the notes o_i said 
bank shall be dated, and at the location specified m the 
certificate directed to be made by the seventeenth section 
of the act approved February 15th, 1851, authorizing a 
general system of banking, and not elsewhere : Provided, 
that no bank shall be located in any place other tnan in 
some city, town or village in this state having a population 
of at least two hundred people. , , • 

S 2. . All bank notes issued by any banker or banking ^^ ^c.e,..- 
association or institution of this state shall be redeemed by 
the banker or banking association issuing the same, in such 
sum or sums as shall be presented lor redemption, and on 
demand shall redeem such note or notes, sum or suins as 
may be presented for rtdemption, in the legal co.n ot the 
United States. 



1S57. 24 

p o:«it.u wTusie §3. Incase any banker or banking association, being 
the maker or makers of any circulating note or notes coim- 
tersi^ned and registered, as provided in the "Act to estab- 
lish a system of banking," passed February 15th, 1851, 
shall at any time hereafter, on lawful demand, during the 
usual hours of business, at the place where such notes are 
payable, fail, neglect or refuse to redeem the same in the 
le^nnl coin of the United States, then the notes of such 
bank or banking association, after having been presented 
for payment, and payment thereof having been refused in 
Guch legal coin, may be protested in any and whatever 
amount so presented, by a notary public or by any two 
householders, under oath, in the county in which said bank is 
located. In case a notary public cannot be obtained, or being 
obtained, shall refuse to act, the notary public or such two 
householders to designate the numbers, letters and denom- 
inations of such protested bills or circulating notes. When 
the bills so protested shall be presented to the auditor, with 
the protest accompanying the same, he shall forthwith notify 
sucli bank, by mail, to pay the same ; and he shall hold the 
said bills or notes for ten days from the time of receiving the 
same. If the said bank, issuing said bills or notes, shall 
neglect to pay the same, with twelve per cent, interest per 
annum thereon, from the date of such protest, together with 
all costs and protest fees and expenses, then, after the ex- 
piration of the said ten days, as herein provided, the auditor 
shall proceed as provided in the fourteenth and twenty-sixth 

r* '▼'*" sections of the act to which this is an amendment: Provided^ 

that in presenting notes or bills for j)ayment under this sec- 
tion, the party presenting the same shall not be required to 
present or receive redemption of each note or bill separ- 
ately, but the whole amount presented shall be treated as 
•' though it were a single obligation of that amount. 

sto k. <iot„8ited. ^ 4. The second section of an act entitled "An act to 
establish a general system of banking," approved February 
15, 1851, is hereby amended so as to provide that all 
stocks of the United rotates, and of the several states, on 
which interest is reguharly paid, including the stocks of 
this state, deposited with the treasurer under the provi- 
sions of the last named act, shall be valued at a rate ten 
per cent, less than the market price of such stocks, to be 
estimated as is now provided in said section: Provided^ that 
such stocks shall in no instance be received at a rate above 
their par value. 

§ 6. Any bank, banker or banking association, doing 
business under the provisions of "An act to establish a gen- 
eral system of banking," approved February 15, 1851, and 
the various acts in addition thereto and amendatory thereof, 
shall not be authorized to take or receive a greater rate as 



Rjtc iif iiiterrt: 



25 1857. 

interest or discount on any real or personal security than 

ten per cent, per annum, bat said interest may in all cases 

be received in advance, and in the computation of time, com^uiation or 

thirty days shall be a month, and twelve months a year. So 

much ot the twenty-eighth section of "An act to establish a 

general system of banking," approved February 15, 1851, 

as is inconsistent herewith is hereby repealed. 

§ 6. The capital stock of every bank or banking associa- Taxation. 

lion paid in or secured to be paid in, except so much thereof 
as is invested in real estate, which shall be taxed as real 
estate as herein provided, together with its surplus profits 
or reserved funds, and also the real estate of every such 
company, shall be listed by the president or cashier thereof, 
and assessed and taxed in the same manner as the other 
personal and real estate of the county and towns in which 
such bank or banking association is iocat-ed. 

§ 7. Sections twenty and twenty-one of "An act for the sections repMi«d 
assessment of property," approved February 12, 1853, and 
sections twenty and twenty-one of "An act for the assess- 
ment of property and the collection of taxes in counties 
adopting the township organization law," approved Febru- 
ary 12, 1853, are hereby repealed. 

§ 8. The sixth section of "An act to establish a general Bonajide cmnM 
system of banking" shall be so construed as to require ^®'^""* 
every bank or association established under said act to 
have a bona fide cash capital of at least fifty thousand dol- 
lars, actually paid in in good faith, for the purpose of remain- 
ing in such bank or association as capital ; and the auditor 
shall satisfy himself of such fact before he shall issue any 
circulating notes or bills to any such bank or association ; 
and for this purpose he is authorized to examine any and 
all officers, stockholders, agents and employees of such 
bank or association under oath, and to take all such meas- 
ures as he may deem necessary to determine that fact. 
The evidence required by this section shall be in writing, 
and shall be filed in the auditor's office. 

§ 9. No more circulating notes shall be issued, under LimitBtioa 
any circumstances, to any bank or association organized 
under said act, until the auditor shall be satisfied that such 
bank or association has such actual capital as is required 
in the first section of this act. 

Approved Feb. 14, 1857. 



1S57. 26 " 

la f)'"o Vei>. 16. AX ACT to change the times of lioMincr courts ia the twelfth judicial circuit. 

IS67 • j 

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

lllinoi.t^ i^eprcsented in the. Genera/ t/9sseTnb/f/y That here- , 

after the circuit courts in the twelfth judicial circuit of this j 

state shall be held at the county seats of the respective | 

counties tliereof, at the times followincj, to wit : ' 

o , 

SPRING TERM. 

I 

Tim* of holding In the county of White, on the first Mondays in April, j 

*""'^'* In the count)^ of Wabash, on the first Mondays there- I 
after. 

In the county of Edwards, on the first Mondays there- | 

after. ! 

In the county of Wayne, on the first Mondays there- 
after. • ; 

In the county of Jefferson, on the first Mondays there- ; 
after. 

In the county of Hamilton, on the second Mondays there- ; 

after. ■ 

FALL TERM. i 

I 

In the county of White, on the first Mondays of Sep- j 

teraber. I 

In the county of Wabash, on the second Mondays there- '. 

after. . i 

In the counly of Edwards, on the first Mondays there- ; 

after. i 

In the county of Wayne, on the first Mondays there- < 
after. 

In the county of Jefferson, on the second Mondays there- 
after ; I 

And, in the county of Hamilton, on. the second Monday j 

thereafter. \ 

prucMrtinirs le- § 2. All writs, subpcRnas, recognizances, and all other j 

gaiizH. process which may have been or may be issued and made ; 

returnable to the terms of the circuit courts in said coun- j 

ties as heretofore required to be held, shall be deemed and • 

taken to be returnable to said terms of the circuit court in , 

said counties, as herein required to be Ijeld; and all notices | 

which may have been given, either by publication or other- ! 

wise, v/ith reference to the terms as heretofore required to i 

be held, shall by force of this act refer to the terms of the I 

court required lo be held under this act in said counties; j 

and all })roceedings 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. ! 

DBtjoistcretary. §3. It shall be the duty of the Secretary of stalc, within j 
twenty days after the passage of this act, to cause a certi- 
fied copy of the same to be transmitted to each of the clerks 
of the circuit courts in said twelfth judicial circuit. 



27 1857. 

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

Approved ] eb. 16, 18l.7. 



AN ACT to regulate the times of holding the terms of the circuit court in in for^e Feb. it. 
La Salle county. i*^^'- 

[Section 1.] Be it enacted hy the people of the state oj 
Illinois, represented in \the\ General Jlsseinhly^ That the 
terms of the circuit court of La Salle county shall be holden Times of howius 
on tlie first Monday of February, the second- Monday of '^^"'^'^• 
June, and the first Monday of November. All process 
which has been made returnable to any term of said court, pmcirs ttuivna- 
as now fixed by law, shall be deemed and held to be return- 
able to the term of said court fixed by this act. 

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

Approvbd Feb. 17, 1867. 



AN ACT to change the time of holding court in tha fifteenth judicial in force Fei). ic. 

circuit. 1857. 

Section 1. Be it enacted by the people oJ the stale of 
Illinois, represented in the General Assembly, That the 
terms of the said court shall hereafter commence in the Times of cmrt 
county of Adams, on the fourth Monday in the month of Adams county. 
March and October, and on the second Monday in the 
month of June of each year, respectively ; and th.at the 
summer term of the said court shall hereafter commence 
in the county of Hancock, on the last Monday in the month 
of May of each year. 

§ 2. That hereafter the board of supervisors for the said jury not to be se- 
counties of Adams and Hancock shall not be required to i*'^*''^- 
select any grand jurors to attend the summer terms of said 
court in said counties, unless the judge of said court shall 
certify that a grand jury is necessary. 

§ 3. That all writs, subpoenas, recognizanc^es and other procesp, ik.w re- 
process which have been or may be issued or taken and turned. 
made returnable to the terms of court in said counties, as 
heretofore required to be holden, shall be deemed to be 
returnable to the said terms of court, as required by this 
act to be holden; and all notices which may have been 
given, either by publication or otherwise, with reference 



1857. 28 

to the terms as heretofore estahlished, shall by force of this 
act refer to the terms of court, as required to be holden 
under the provisions hereof; 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 holding said court. 

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

Approved Feb. 19, 1857. 



m force Feb. U, AN ACT to ehaiige the time of holding courts in Will county, in the 
1857. eleventh judicial circuit. 

Section 1. Be it enacted by the j^eople of the state of 
Illinois, represerited in the General Assembly^ That the 
Tiraesof holding times of holding the circuit court of Will county hereafter, 
shall be as follows: On the third Monday of March, the 
t'jird Monday of May, and the first Monday of December 
in each year. 

§ 2. All process, suits, recognizances or other legal 
proceedings that have been or may be set or returnable in 
and to any of said courts at the terms of said court, so 
arranged by law prior to the passage of this act, shall be 
equally valid as though this act had not been passed, and 
shall, moreover, be considered as set and returnable to the 
terms of the courts as fixed and. established by tiiis act. 

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

Approved Feb. 14, 1857. 



Process returna- 



In force Fed. IG, AN ACT to amend iection 23, of chapter 86, of the Revised Statutes. 



1657. 



Sectiou 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Ji^sembly, That excep- 
App-dH allowed tions to the decisions of the circuit courts overruling 
m^^^ criminal mQ^jQ^g foj. j^^w trials shall hereafter be allowed in crim- 
inal cases, and in penal and (pii tarn actions, as well as 
civil cases; and the party excepting to such decisions may 
assign the same for error. 
Approved Feb. 16, 1867. 



29 I8r:7. 

AN ACT to g'\v« a uniform orp^anization and jnrigdiction to inferior rourts in to-cn Veh. lo, 
of local jurisdiction in the citiea in this state. 1667. 

Section 1. Be il enacted by the people of the state of x 

Illinois, represented iii the General Jissemhhj, That every 
act establishing an inferior court of civil and criminal juris- rmfnrm crj<.-.n- 
tliction in any city of this state, and all acts amendatory if I'i ".'!•'""'.■'"" 
thereof, shall be so construed as to confer on such court feri'fi- 
a uniform organization and jurisdiction with tlie recorder's 
court of the city of Chicago and the court of common pleas 
of the city of Cairo, anything in any such act or acts to the 
contrary notwithstanding ; and all jurisdiction conferred 
upon any such court, inconsistent with such organization 
and jurisdiction, is hereby repealed, or so far modified as 
to be consistent with the provisions of this act. 

§ 2. This act shall be considered a part of all acts ere- uradepurt <,f an 
ating or in any manner relating to inferior courts in cities '"^^1** <!eauns 
in this state, whether passed at th:s or any previous session 
of the general assembly; and no act which may he passed 
by the legislature at any session hereafter shall be con- 
strued to repeal said courts or this act by implication. 

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

Approved Feb. 10, 1857. 



AN" ACT lo regulate the practice ir. the thirteenth judicial circuit. In foret Fei 



1857. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assevihly^ That in all 
cases in the circuit courts in said circuit of judgments by jadgmentiy d«~ 
default, the court may, without the intervention of a jury, ^*'"''- 
assess the damages ; and in all cases execution may issue 
forthwith upon the rendition of judgments : Provided^ provjg«. 
the plaintiff in execution sliall first file an affidavit of him- 
self or some credible person, that the benefits of his judg- 
ment will be in danger of being lost unless execution issue 
forthwith. 

§ 2. That judgments by confession may be entered in judgment by fo«- 
said courts at any time in vacation, before the clerk, by ^*'"«'" 
filing the proper papers with the clerk, and such judgments 
shall have the same force and effect from the time of entry 
as if entered in term time. 

§ 3. That actions upon penal bonds or other instruments Actions on lenini 
in writing for the payment of money only, in which the clerk *'°°'*' 
can ascertain the amount due by computation, may be com- 
menced and judgments entered by the clerks of said court 
in vacation, as follows : The plaintiff in such action shall 



1857. 30 

file his declaration, together with a copy of the instrument 
on which suit is brought, and shall state at the foot of said 
cop5' (if his declaration contains the common counts) that 
the instrument declared upon is his only cause 0/ action. 
Special summcas § 4. Upou filing Said declaration, the clerk siiall at the 
instance of the plaintiff or his attorneys, issue a special 
summons, under the seal of the court, to the defendants 
named in said declaration; which summons shall be in sub- 
stance, after the following form : 



issue. 



State of Illinois, 
county oj 



ss% 



T!ie peopleof the state of Illinois, to the slieriff of 

county, greeting: ' 

You are hereby commanded to summon A. B., if to be 
found vci your county, to answer the declaration of C. D., 
in an action of , damages claimed (or debt and dam- 
ages as the case may be) .$ ; which said declaration 

was filed in the office of the clerk of the circuit court of 

county, on the day of — , A. D. 18 — . 

Now, unless the said defendant shall within twenty days 
from the date hereof plead to or otherwise answer said 
declaration according to lav/, judgment v/ili be entered 
against him by default. 

Witless, E. F., clerk of the county cir- 

[l. s.] cuit court, and the seal thereof, at — , in said 

county, this day of , A. D. 18 — . 

E. F., Clerk. 
Which said summons shall be served and returned by the 
sheriff to whom the same may be directed, as in other 
cases. 

Time of service. K 5. Said summous shall be served at least ten days 
before any default shall be entered ; and if the defendant 
reside out of the county, one day in addition for every 
thirty miles of distance from the residence of the defendant 
to the county seat of the county from which said summons 
issued. 

C'pyf '*^""'^" § 6- in addition to the service of summons as aforesaid, 
the clerk shall make a copy of the declaration filed by the 
plaintiff and certify the same, under his hand and the seal 
ot the court, to be a true copy, and shall cause the same 
to be delivered to the sheriff v/ith the summons, which 
copy the sheriff shall deliver to the defendant at the time 

iy\^-::-x>6 return, of scrving the summons ; and said sheriff shall state in his 
return to the summons that he also delivered to the defen- 
dant a certified copy of the declaration on file. The clerk 

v*ii shall be allowed for making each copy ten cents for every 

one hundred words, and fifty cents for certifying to and 
sealing the same. And the sheriff shall be allowed fifty 
cents for delivering each copy to a defendant. 



31 1S57. 

§ 7. Upon the service of the summons and copy of the piaintiirmay tus ( 

declaration as aforesaid, the defendant may, at any time '''*'^' 
before a default is entered in said suit against him, file his i 

plea, demurer or motion to dismiss, as hereinafter pro- ' 

vided ; but if such plea, demurer or motion shall not be j 

fiied within the twenty days, as specified in the fourth sec- \ 

tion, a default shall be entered by the clerk against the "sfa^i'^o i-^cn- < 

defendant in such action ; and thereupon the clerk shall ' 

compute and assess the plaintiff's damages, which shall be 

the amount due on the instrument upon which suit is 'i 

brought, and shall enter upon the records of the court i 

judgment against the defendant, in favor of the plaintiff, for j 

the amount so found due ; and such judgment shall have i 

the same force and effect from tiie time of entry as if entered ] 

in terra time. i 

§ 8. The defendant in any such suit shall not be allowed ^ gfj^'"'' ^ *** i 

to file a plea therein, unless he shall file v/ith his plea an ] 

affidavit setting forth that he verily believes that he has a ] 

good defence to said suit upon the merits to the whole or j 

some portion of the plaintiff's demand, and if to a portion j 

he shall specify the amount : Provided, however, that the > 

defendant shall have the right to file v/ithout an affidavit 

of merits, a motion to dismiss, demurer or plea in abate- Motion to dismia* i 

ment ; and in case such motion, denaurer or plea in abate- 
ment be filed, the case shall stand for hening at the next 

succeeding term of the court; but in all cases where such ', 

plea in abatement, demurer or motion shall be filed %\hic!i i 

the court shall adjudge to be frivolous, the plaintiff shall ] 

be entitled to judgment as in case of default and to dam- i 

ages for delay in the discretion of the co'u-t, not exceeding i 

ten per cent, upon the amount of the judgment. ' 

§ 9. All judgments entered in pursuance of this chapter judgments to be ■ 

shall become liens upon the lands, tenements and real '^^"^ J 

estate of the defendant, from the time such judgment shall | 

be entered : Provided, that where two or more judgments ' 

against the same defendant shall be entered on the same ' 

day in vacation, there shall be no preference nor priority 

of the Hen of one judgment ever that of the other. ', 

§ 10. The clerks and sheriffs shall be entitled to the Fees. , - 

same fees for services rendered in pursuance of the provi- 
sions of this act as is provided for like services in other j 
cases ; and executions may issue forthwith upon all judg- I 
ments entered in vacation upon the plairitiff 's filing an affi- i 
davit as provided in the first section of this act, but unless ,J 
such affidavit be tiled, execution shall not issue until the -| 
expiration of ten days from the time of entering such judg- i 
ment, except in cases of judgments by confession, in which 
execution may issue forthwith without oath. 



1857. 32 

§ 11. Nothing herein contained shall be so construed as 
to prevent the institution and prosecution of suits for any 
of the causes of action in tliis act mentioned in tlie manner 
now provided by law. 

Approved Feb. 16, 1867. 



m forcwjeb. 1-1, AN ACT in relation to money paid by E. B. Hulbert, deceased, to the resident 
^^'' trustee of the Fllinois and Michigan canal, under the act to provide for the 

completion of the Illinois and Michigan canal, and for the payment of the 
canal debt. 

prgnibip. Whereas E. B. Hulbert, late of Cook county, deceased, 

became a subscriber to the loan to complete the Illinois 
and Michigan canal, under the act of February 21, 1843, 
and paid the first installment thereon, to-wit : the sum of 
eight hundred and seventy-five dollars, being the amount 
of the first installment of his subscription to such loan, 
and was unable to make any further payment on such 
loan, and is now deceased; and v;hereas the canal fund 
and state have had the full advantage of such payment-, 
and no loss has accrued to the state by reason of liis 
inability to make such further payments, and it is just 
and equitable that relief should be granted from the for- 
feiture declared in said act ; therefore, 
Governor to issno Section 1. Be it enacted hy the peojjle of the state of 
•wtificate.y Illinois, represented in the General Jlssemhly, That said 
payment or loan so made by said Hulbert, under the pro- 
ceedings of said act, be relieved from all forfeiture byrea- 
Fon of a failure to make such subsequent payments ; and 
that the governor be authorized, upon being satisfied of the 
truth of the facts stated in this act, to issue his certificate 
or bond, under the seal of the state, drawing interest from 
the date of such payment so made by said Hulbert, to the 
widow of said Hulbert, upon a surrender of the receipt 
given by Jacob Fry, resident trustee, to said Hulbert, at 
the time of the payment, so as aforesaid made by said Hul- 
bert. 

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

Approved Feb. 16, 1857. 



33 1857. 

AN ACT for the encouragement and security of loans of money. iiiio!veFebni»»f 

IG, 1667. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Asseinhhj^ That it 
shall be lawful for any person or corporation borrowing * 
money in this state, to make notes, bonds, bills, drafts, ac- 
ceptances, mortgages, or other securities, for the payment 
of principal or interest at tlie rates authorized by the laws 
of this state, payable at any phce v/here the parlies may 
agree; although the legal rate of interest in such place ^esai intersw 
may be less than in this state; and such notes, bonds, bills, 
drafts, acceptances, mortgages, or other securities, sliall 
not be regarded or held to be usurious; nor shall any se- 
curities taken for the same, or upon such loans, be invali-, 
dated in consequeace of tiie rate of interest of the state, 
kingdom or country where the paper is made payable, be- 
ing Jess than in this state, nor of any usury or penal law 
therein. 

§ 2. No plea of usury nor defence founded upon an al- unuy n..tries«i- 
legation of usury shall be sustained in any court in this 
state, nor shall any security be held invalid on an allega- 
tion of usury where the rate of interest reserved, dis- 
counted or taken does not exceed that allowed by the laws 
of this state, in consequence of such security being paya- 
ble in a state, kingdom or country where such rate of in- 
terest is not allowed. 

6 3. It shall be lawful for all parties loaning money in uterest may ee 

,.» , j'j^-i (iisaiv.nte^. 

this state, to take, reserve or discount interest upon any 
note, bond, bill, draft, acceptance, or other commercial 
paper, mortgage, or other security, at any rate autliorized 
by the laws of this state, whether such paper or securities 
for principal or interest be payable in this state or in any 
other state, kingdom or country, without regard to the 
laws of any other state, kingdom or country; and all such 
notes, bonds, bills, drafts, acceptances, or other commer- 
cial paper, mortgages, or other security, shall be held va- * 
lid in this state, whetlier the parties to the same reside in 
this state or elsewhere. 

§ 4. All laws or parts of laws inconsistent with this 
act, are hereby repealed. 

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

Approved Feb. 16, 1867. 



warrauu. 



1861. 34 

hi force Jai»- 22j AX ACT making partial approjniations for defVaying the cxpeiues of this 
1S57. general assembly. 

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

Illinuis^ repi'eaented in the Geno'al *^sstmbly^ That [the 

A»diior t.^ draw auditor] of public accounts be and lie is hereby authorized 

and required to draw warrants on the treasury for the sura 

of fifty dollars to each member of the senate and house of 

representatives, and warrants for a like sura to the speaker 

of each house, the secretary 'and assistant secretaries of 

the senate, the clerk and assistant clerks of the house of 

representatives, the enrolling and engrossing clerks, and the 

assistant enrolling and engrossing clerks oi each house, and 

the door-keepers and assistant door-keepers of each house. 

paid by § 2* -l^hat any money now in the treasury or which 

Boosurtr. jj^ay be received into the treasury, and not otherwise 

appropriated by law, shaii be applied to the ^^payment of 

the aforesaid warrants. 

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

Approved Jan. 22, 1857. 



T* be 



la f'jrc«_Fcb. 14, AX ACT to appoint commissioners to build a com-t and library room for the 
'^^^ use of the supreme court in the third grand division of this state, and «« 

make an appropriation therefor. 

Section. 1. Be it enacted by the people of the state oj 
Illinjis, represented in the General Assembly. That Wil- 
oyuMttiisicnerB. Ham Reddick, Joseph O. Glover, George E. Walker, Wil- 
liam H. L. Wallace and Henry F. Eames be and they are 
hereby appointed commissioners, whose duty it shall be to 
procure a suitable lot in the city of Ottawa, in the county 
of La Salle, upon which they shall superintend the con- 
, struction of a building for the use of the supreme court in 
the third grand division of this state, of such size and 
structure as the judge of the supreme court, residing in 
said grand division, shall direct : Provided^ that the sarae 
shall not exceed in cash the sum of sixteen thousand dol- 
lars, which sum is hereby appropriated, out of any money 
in the treasury not otherwise appropriated, which shali be 
subject to the order of said board of commissioners; upon 
the presentation of which order the auditor of public 
accounts is directed to issue a warrant upo:\ the treasu- 
ry, from time to time, in such sums as may be necessary 
to be used in the construction of said buildings in favor of 
gaid board ; said sura to be applied and invested in the 
onstruction of said building. 



35 1857. 

6 2. Before said commissioners shall enter upon the ^°'"^, reqinred 

3 1 1 • II 1 oath Mi- 

discharge of the duties created by this act, they shall take t^n. 
an oath faithfully to perform said duties, and shall give 
bond, payable to the governor of the state of Illinois, in the 
sum of thirty-five thousand dollars, with security to be 
approved by the judge of the supreme court residing in 
said division, vi^hich bond shall be filed in tlie office of the 
secretary of state, and shall be conditioned for the faithful 
performance of the duties required by this act. 

§ 3. A majority of said board of commissioners shall 
be competent to perform any of the duties required by this 
act. 

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

Approved iTeb. 14, 1857. 



AN ACT to protect tlie public state baildings in the city of Springiield , and in for<< jao. a, 
the peace of the general assembly while in session. 1357. 

Section 1. Beii enacted by the people of the state of 
Illinois, represented in the General Assembly j That any 
person or persons v/ho shall hereafter be guilty of any oj-endero k. ba 
noisy or disorderly conduct in the state house or any of the couvktion. ** 
public grounds around the same, at any time, or who shall 
by any noisy, disorderly or unseemly conduct, either in or 
about the state house, while either of the two houses of the 
general assembly are in session, disturb the deliberations 
of either house ; or who at any time shall defile, deface or 
in any way mutilate any of the public grounds, inclosures 
or any part of the state house ; or who shall make filthy or 
unseemly any vault or privy about the state house or other 
part of the same, shall, on conviction thereof, before any 
police iragistrate or justice of the peace of the city of 
Springfield, be fined in any sum not less than five dollars, 
nor more than one hundred dollars, in the discretion of 
such magistrate or justice, with costs, and in default of 
payment shall stand committed to the jail of Sangamon 
county until the same be paid, or they be otherwise dis- 
charged in due course of law. 

§ 2. The sheriff of Sangamon county or his deputies, ^^T^^^^ """^ 
afty constable of said county or other police ofiicer, or the 
sergeant-at-arms of the senate, or the door-keeper of the 
house of representatives, or either of their assistants are 
hereby authorized and empowered, on view, without war- 
rant, to arrest any person or persons guilty of any offence 
created and defined in the preceding section, and take them 



1857. 36 

before the proper msgistrate for trial; and any officer iiiaking 
such arrest and the magistrate trying the same, shall be 
allowed the Seine fees as now are by law allowed justices 
and police officers in similar cases. 

nuuier ivwcrj. § 3. The Speakers of either house of the general as- 
sembly, or any officer named in the preceding section, are 
hereby authorized and required, upon view of ?iny offence 
named in this act, against the quiet and peace of the gen- 
eral assembly or cither house thereof wliile in session, to 
require such offender to leave the state house and the 
grounds around the same; and in case of refusal to imme- 
diately obey the same, they are further empowered and 
required to arrest such otFender, and take him or them 
belore any officer having jurisdiction of the offences crea- 
ted by this act, and upon conviction shall be fined as pro- 
vided in the first section of this act. 

offioe-* inav be § ^- ^^^^' Speaker of either branch of the general as- 
ippointed! sembly shall have power to designate and appoint one or 
more of the police constables of the city ol Springfield to 
execute the provisions of this act; and the person or per- 
sons so appointed shall have full power to perform all the 
duties lequired of any executive officer herein authorized 
to make arrests; and such officers shall be paid not less than 
three d.iliars per day, while engaged in the performance of 
the duties during the session of the general assembly. 

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

Approved Jan. 26, 1857. 



>o r fc» Feb. 16, AN ACT to extend the jurisdiction of the county court of TazewoU 
'S57. county. 

Section 1. Be it enacted hy the people of the state of 
Illinois^ represented in the General .dssemhly. That the 

jar.f.iKn..M tr- couuty court of Tazewell county be and th.e same is here- 
wnded. jjy invested with concurrent jurisdiction with circuit courts 

of this state of all matters, suits and proceedings in civil 
cases at common law, or arising under the statutes of this 
state, except in cases of libel, slander and the action of 
ejectment. 

Frveij e rfefinej § 2. The process, practice and proceedings in said 
court shall be the same as that of the circuit courts 
of this state in sin.ilar cases. The sheriff, clerk of said 
court, witnesses and jurors, while in attendance on said 
court, shall receive the same fees as tliose by law al- 
lowed in the circuit courts of this state. The judgmenti 



37 1857. 

and orders of said county courts shall have the same lien, 
force and effect in all respects as those of the circuit 
courts, and shall be collected and enforced in all respects 
as those of the circuit courts in similar cases. 

§ 3. Ail appeals and writs of error from the final judg- ^^^^^ll^^^^J''' ^^„'[ 
merits of said county courts shall be prosecuted and taken premeqpurt 
directly to the supreme court of this state in the same 
manner and with like limitations as the same now are 
from the circuit courts. 

6 4. Said court shall have iurisdiction of appe ah from Jurisdiction ^f 
judgments 01 justices oi the peace m said county, bur, when jusucw . rf 
more than fifteen days shall intervene between the time of ^**'"'* 
taking the appeal and the first succeeding term of either 
the circuit or county courts of said county, then the ap- 
pellant shall prosecute his appeal to the first term of court, 
whether of tlie circuit or county court, thereafter to be 
holden. 

§ 5. The county judge of said Tazewell county shall ^^'^^^^^"'^^^ ^ 
preside at the terms of said court herein established, and 
shall receive the same sum now by law allowed judges for 
holding the county court, and a docket fee of two dollars Fees. 
and a half for each case entered upon the docket of said 
court, to be taxed and collected as costs in the case ; and 
he shall have power to establish all needful rules for the 
summoning jurors in said court, and to issue venires there- 
for, under the seal of said court as other process. 

§ 6. Changes of venue shall be allowed in all cases cii^^i^s^^/"" 
pending in said court, as follows: to the circuit court of 
said Tazewell county, where the party applying for such 
change shall swear that the judge of said county court is 
so prejudiced against him that, he believes he cannot have 
a fair trial before him, and in the manner now provided by 
law, to some other county or circuit, when the application 
shall be founded on any other cause by law allowed for 
changes oi venue in such cases. 

§ 7. There shall be two terms of said county court T'-^m-^rfeiui., 

holden at the usual place of holding the circuit courts of 
said Tazewell county in each year; one on the third Mon- 
day of July, and the other on the third Monday of January, 
and shall continue until the business therein pending shall 
be disposed of. 

§ «. This act siiall be taken as a public act, and be in 
force from and after its passage. 

ApProvkd Feb. 16, 1857. 



1857. 38 

to force Fet>. iQ, AN ACT to amend the interest laws of this state. 

lSo7. 

Section 1. Bt it enacted hy the people of the state of 
Illuiois, represented in the GeneralJissembly, That where 
L»ws of uiinris ^"Y coiitract or loan shall be made in this state or between 
J^t^J" "'"^^"^ citizens of this state and any other state or country, bear- 
ing interest at any rate which was or shall be lawful accord- 
ing to any law of the s'ate of Illinois, it shall and may be 
lawful to make the amount of principal and interest of such 
contract or loan payable in any other state or territory of 
the United States, or in the city of London, in England; 
and in all such cases such contract or loan shall be deemed 
and considered as governed by the laws of the state of Illi- 
nois, and shall not be affected by the lav/s of the state or 
country where the same shall be made payable. And no con- 
tracts or loans which has been heretofore made or entered 
into, bearing an interest at a rate which was legal accord- 
ing to the laws of this state, at the time when the same was 
made or entered into, shall be invalidated or in anywise 
impaired or affected by reason of the same having been 
made payable in any other state or country. 
Approved Feb. 12, 1857. 



'"•^rr/r^J"^"' AX ACT to amend section 11, of (hR Revised S'.atuteg, entitled '-'JudfrmentB 

and i'.xecutioiis." 



Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General tdssemhly , Tliat in addi- 
kejmbii/hed.''' tiou to the noticcs now requiied by said section, of the 
safe of real estate, it shall be the duty of officers who may 
make sales of land under said section, fo cause a similar 
notice to that therein required to be published for three 
successive weeks, once in each week, in a newspajjcr, if 
there be one printed in the proper county, of such sale : 
rroiu^. Provided, that no more than usual rates shall in any case 

riu-tter proviio. bc cliargcd: ,/lnd jjrovided Jnrther, that no omission to 
give such notice, vvithout good cause, shall affect tiie regu- 
larity or validity of such sale, unless it shall be made to 
appear that the ])urchaser had notice of such irregularity 
at or before said sale. 
whtnuMt;«x:uf- § ^' Where there is no newspaper printed in such 
««*ui county, or where no newspaper will publish the notice at 

the price fixed by this act, then the notice of such sale 
heretofore required sliall be sufficient. 
Approved Feb. 12, 1857. 



39 1857. 

AN ACT ceding to the United States oE America jurisdiction over certain in forco EVt. », 
lands and their appurtenance's, in the ciiy of Galena, and for other pur- 1857. 

poses therein mentioned. 

Whereas the United States has recently appropriated money I'rea.nbie. 
for the purpose of a site, in or at the city of Galena, tor 
the erection thereon of a certain building, to by occu- 
pied as a marine iiospital, and also have appropriated 
money for the purchase of a suitable site, in said city of 
Galena, for tiie erection thereon of a certain building, to 
be occupied by the iJnited States for the accommodation 
of the custom house and post office ; and whereas it is 
deemed highly necessary to the interests of said city that 
said buildings should be erected ; therefore. 
Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General. Assnnhly^ That juris- 
diction of the land? and their appurtenances that have been Jurisdicuoo «- 
or may be purchased at or in said city of Galena, (for the 
purposes before recited,) be and arc hereby ceded to the 
United States of America : Provided^ however^ that all 
civil and criminal process, issued under the authority ot 
said state or any officer thereof, may be executed on said 
lands and in the buildings that may be erected thereon, in 
the same way and manner as if jurisdiction had not been 
ceded as aforesaid. 

§ 2. The lands above described, with their appurtenan- 
ces and buildings and other property that may be thereon, 
shall forever hereafter be exempted from all state, county 
and municipal taxation and assessment, so long as the same 
shall remain the property of the United States of America. 
Approved Jan. 9, 1857. 



AN ACT in relation to conveyances. ^° fore- Fc-.h. 

1857. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the GeneralJIssenibly, That whore 
deeds conveying lands iu this stat^ have heretofore c may Djeusmnj b*r»- 
hereafter be executed by executors duly qualified in pur- 
suance of due power vested in them by will, executed and 
proved out of this state, the same shall be evidence of title 
in tiie vendee or grantee to the same extent as was vested 
in the testator at the time of his death, whether such will 
has been proved in this state or not. 

§ 2. That all original wills, or copies thereof, duly cer- ^^^I'y ^ J r^;?7. 
lifted according to law, or exemplifications from the record ed. 
in pursuance of the law of congress in relation to records 



1857. . 40 

in foreign states, may be recorded in the same office where 
deeds and other instruments concerning real estate may 
be required to be recorded, and the same shall be notice 
trom the date of liiing tiie same for record as in other cases, 
•artided ci.y ^ 3, That where oiiiiinal ueecs havinsf tracts of land 

vxxy be rcooiu- o 1 i • 1 rY> 1 

«<> therein conveyed lying in different counties have been or 

may hereafter be recorded in any of such counties, it shall 
be lawful to record a certified copy of such deeds in coun- 
ties where the original has not been recorded ; and the 
recording of such certified copy lieretofore or hereafter 
shall be notice in the same manner that the filing and 
recording of the original would be, and copies from such 
records shall be pri?najacie evidence. 
Approved Feb. 14, 1857. 



l«foccePeb. 12, AN ACT ceding to ilie United States jnrisdiction over certain lands and 
'^'' for otiier purposes liierein named. 

p.-aanr/ie. Whereas the United States have recently appropriated 

moi'ey tor the purchase of a site in or at the city of 
Springfield, Illinois, for the erection thereon of a build- 
ing for the accommodation of the United States courts, 
post office, &r. ; therefore. 

Section 1. Be it euacfer/ hy the people of the state of 
Illinois^ represented in tlie Geiieral Jlssemhlij^ That juris- 
■^^iS^"'^''" "" diction of the lands and their apjuirtenances that have been 
or may be selected or purchased and conveyed at or in the 
city of Sj)ringfield, Illinois, to wit: a lot on the corner of 
Monroe and Sixth street, being part of lots number two 
and three, in block one, for the purj)o^es befoie recited, be 
and are hereby ceded to the United States of America: 
?'<.Ti«o Pi)viderl ^however ^\\\?i\?i\\ civil and criminal process issued 

under the authorit} of said state or any officer thereof, may 
be executed on said land and in tiie buildings that may be 
erected thereon in the same manner as it' jurisdiction had 
not been ceded as aforesaid. 
■«'n);.t(;o Tr rn ^ 2. Tlic lauds abovc describcd, with their apourte- 
nances, buildings and other property that may be thereon, 
shall forever hereafter be exempted fiom all state, county 
and municipal taxation and assessment, so long as the same 
shall remain the property of the United States. 

§ 3. This act shall be deemed and taken as a public 
act and shall take effect from and after its passage. 
ArpRov'ED Jan. 12, 1857. 



41 1857. 

AN ACT to change the time of holdin^- the terms of the supreme court, in force Feb. w. 

1867. 

Skction 1. Be it enacted by the people of the state of 
It/i?iuis, represented in the General Assembly^ That liere- 
afterthe terms of the spureme court for the first grand divi- '^'"^^^^j""^ ''**'°* 
sion sliall coinmence and be held on the first Tuesday after 
the second Monday of November in each year, for the 
second grand division on the first Tuesday after the first 
Monday of January in each year, and for the third grand 
division on the first Tuesday after the third Monday of 
April in each year, instead of the times now fixed by law 
for holding the same. 

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

Approve© Feb. 10, 1857. 



AN ACT to amend»an .i.-t entitled ''An act to dispose of the swamp and In force Feb. HJ.. 
overflowed lands, and to pay the expenses of selling: the same," passed ^^^~- 

22d of June, A. D. 1852. 

Section 1. Be it enacted by the people of the state of 
Ulincis, representedin the General Assembly .^ That so much 
of the 13th section of said act as provides for the drainage Part or act re- 
of swamp land in the county of Greene, be and the same ^'""^^ 
is hereby repealed, and that tlie funds arising from the sale 
of swamp and overflowed lands sold or to be sold in said disposal of fwKjB 
county, be paid by the drainage commissioner of said 
county, under an order of the county court of said county, 
to such person and for such uses and purposes as the said 
court may direct. 

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

Approved Feb. 10, 1857. 



AN ACT to amend "An act concerninc; the descent of real property in lu force Feb. il, 
this state," approved February 12. lf<53. 1857. 

Section I. Be it enacted by the people oj the state of 
Illinois, represented in the General Assembly, Tliat in all 
cases wilt-re any person shall have died, leaving any leal iiie.sritimatechi'- 
proper!), before the [)assage of the act to which this is an ilerLl!^''' '"^ 
amendment, which, by tlie provisions of the act to which 
this is an amendment would have descended to any illegit- 
imate child or ciiildren, such child or children siial' be 



1867. 42 

deemed and adjudged to be the owner of snch real property 
the same as if such act had been in force at the time of 
sucli death, unless such property shall have been proceeded 
against and the title thereto vested in tlie state or other 
persons u::der the law of this state concerning escheat-% 
iioii^siiired. ^ 2. In all such cases hereinbefore specified where any 
such iih^gitiniate child or children shall have sold and con- 
veyed such real property by deed duly executed, or where 
the same wiuld have descended by the provisions of the 
act to wiiich this is an aoiendment, and shall have been 
conveyed by deed by the person to whom the same would 
have descended, then such conveyances shall vest the same 
title thereto in the grantee as by this act is vested in such 
illegitimate child from the date of such deed, and in all 
actions and courts, such grantee shall be deemed to be the 
owner of such real property from the time of the date of 
the conveyance. 

§ 3. This act shall be in force from and after its pas- 
sage. 

Approved l^eb. 11, 1857. 



dad. 



le for^ Feb. ic, AX ACT in relation to a United States post office and court house at 
''^'''^- Springfield, in this state. 

Section 1. Be it enacted hij the people of the state of 
lltinois^ represented in tlie General fJssembli/, That there 

janMiction ce- be and hereby is ceded and granted to thfi United States 
^"^ of America, jurisdiction upon and over such paits of lots 

numbered five and six, in block numbered two, as desig- 
nated on the old town plat of the town (now city ) of Spring- 
field, in the state ot Illinois, as may be selected by the 
government of the United States for the purpose of erect- 
tin a building or buildings ior a post office and United 
States court house or room, or either of them. 

■x*inptH from ^ 2. Siicli lot or i)art or parts of lot or lots, when so 

ijrution. J 11111 r» • i 1 

selected, shall be exempt from taxation under any law or 
proceeding of or in this state while the same remains the 
property of the United States. 
Approved Feb. 16, 1857. 



tAXktion. 



43 1857. 

AN ACT in relation to a certain book entitled " A compilation of the inforco Jan. 2«, 
statutes of the state of Illinois of a a^eneral nature, in force January 1st, *^^'^- 

1856, collected with reference to decisions of the supreme court of said 
state, and to prior laws relatin^n: to the same subject matter, by N. H. 
Puqjie, a member of the liUnois bar." 

Section 1. Be it enacted by the people of the state oj 
Illinois, represented in the General ^^ssemhbj. That upon .spcrotary »o give 
deliverintr to him of one thousand copies of the work in the '^'='^''i^**e. 
title of this act mentioned, the secretary of state shall give 
to N. H. Purple, the compiler, and to Keen & Lee, the 
publishers of the same, a certificate that such number of 
copies of said work has been delivered. 

§ 2. That upon the presentation of said certificate to the Auditor to draw 
auditor of public accounts, he shall draw his warrant on '^'*''"'^°'- 
the treasurer for such sum as the said one thousand copies 
of said work shall amount to at the price for which the 
same is sold to individuals, provided thi' sura shall not ex- 
ceed four dollars per volume. 

^ 3. The secretary of state shall distribute the said ^^'^'■^^^'t' '"'''^ 

b-^i... rii'i-i ... tribute books. 

ooks in tiie manner rollowing, to wit : one copy to each of 

the judges of the supreme and circuit courts of this state, 

one copy to each of the state's attorneys, one copy to each 

of the clerks of each court of record in this state, one copy 

to each sheriff of each county, and one copy to each board 

of supervisors of each county, one copy to each county 

judge, and one copy to each exectitive officer of this state 

who is required to keep his office at the seat of government, 

and five copies to each clerk of the three divisions of the 

supreme court of this state, for the use of said court, 

and i\i^ residue of the said one thousand copies shall 

be deposited in the office of the secretary for the use of 

the state. 

§ 4. The several acts and parts of acts compiled and Acts declared pr»- 
copied in said book shall be deemed and taken in all courts olnce"'^"' *'*" 
of justice in this state prima facie evidence of what the law 
was at tlie several times when by the dates therein con- 
tained they purport to have been passed and of what the 
law now is, unless it shall be made to appear that some 
error has been made in the compilation of the said acts or 
some one of them, and in case an error or errors as afore- 
said shall be made to appear in some one or more of the 
said acts as aforesaid, the same shall in no way affect as 
evidence the residue of the said work. 

Approved Jan. 28, 1857. 



1867. 44 

)B forcj fvb. 10, AN ACT to amend the GOtb chapter of the RcviseJ Statutes, entitled ''Land- 
"^^^- lord and Tenant." 

Skction 1. Be it enacted by the people of the state of 
JUinois, represented in the General %/issemb!y. That in all 
uon to exi?t lor cases of the deinise of lands or tenements, whether the rent 
sixniw> s. reserved be payable in money, in specific articles of 
property, or in any part of the products of the demised 
premises, that the landlord shall have the right to distrain 
the personal goods of the tenant for the period of six months 
after the exj)iration of the *erra for which the premises 
were demised ; such distress to be made in the manner 
now provided by law, and nothing herein contained shall 
be held or construed to impair or lessen any of the rights 
of distress now given by the chapte;r to which this is an 
amendment. 

Approved Feb. 10, 1857. 



»n force Feb. 28, jj^jn^ ACT authorizing the purchase of law books for the libraries of the 
^^"^ supreme court. 

Section 1. Be it oiacted by the people of the state of 

Illinois^ represeiited in the General Ji&stnibhj^ That there 

Appropriatumfor be appropriated one thousand dollars annually for each of 

^'^^ the grand divisions of the supreme court, to be applied in 

the purchase of law books, &.C., lor the libraries of said 

.■Monify, h>w court. The money shall be drawn *and expended under 

^^^^ the direction of the jusiices of said court. 

^ 2. Tliis act to be in force from and after its passage. 
Approved Feb. 28, 1857. 



la for>5 ImI). 12, ^^ ACT to amend ati act entitled *'An act to dispose of the swamp and 
^ over(h)wcd lands, and to p^ty the expenses of selectinjj and surveying 

the same," approved June 22d, 1852. 



S 

nil 



Section 1. Be it enaclt'd by the people of the state Ojjf 

)iois, representfjlin the Gejitral ^/iHstDibly ^ That so much 

p»rt of a/;t re- of sai<l dct as provi'^es lor the drainage of the swamp and 

'^'^'"'' overflowed lands in the county of Massac, be and the same 

YwM >,',w CM. is hereby repealed ; and that the fun Is ari ing from the 

'**"^'^"' sale of said swamp and overflowed lands sold or to be sold 

in said c(>Uiity, be paid by the drainage commissioner of 



45 1857. 

said county, under an order of the county court of said 
county, to sucli person and for such uses and purposes as 
the said court may direct. 

§ 2. That this act take effect and be in force from and 
after passage. 

Approved Feb. 12, 1857. 



AN ACT to authorize changes of veiuie from the county courts of La lu force Jar. »i, ] 

Salle, Livingston and Grund}' counties. 1857 

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

Illinois^ represented in the General Jissembly^ I'hat a 

change of venue shall hereafter be allowed in any suit de- change of ^etw ] 

pending in ei*^her of the county courts of La Salle, Liv- aiiov.«i. j 

ingston or Grundy counties; the manner of obtaining Fuch ,] 

change of venue shall be the same as is now provided by -\ 

law for obtaining changes of venue in the circuit courts of 
this state, and changes of venue shall be allowed in said 

county courts for the same causes for v/hich changes of I 

venue are allowed by law in said circuit courts. ^ 

§ 2. When exception shall be taken to the judge of said T.?mietobet.a>i(ii '• 

county court in the petition for change of venue, the venue ;,'f "'aajoii^S^ \ 

in said cause shall be changed to the circuit court of the cuuuty. \ 

same count}', and when exception shall be taken to the 

inhabitants of said county the cause shall be changed to the * 

next adjoining county where the causes complained of \ 

do not exist. \ 

§ 3. This act to take effect and be in force from and J 

after its passage. - 

Approved Jan. 28, 1857. ^ 



^ i 



AN ACT to legalize ten per cent, interest when it is agreed upon between la force .lan. m, 

parties. 1857. 



te of iDV:rM< . i 

) 



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, the rate of interest upon ^' 
all contracts and agreements, written or verbal, express or 
implied, for the payment of money, shall be six per cent. < 

per annum upon every one hundred dollars, unless other- 
wise expressly stipulated by the parties, or unless other- 
wise provided by law. 



1857. 



46 



Ten per cent, le- 
gal oBCoutrav:t. 



Penalty tor vio- 
)ati>ju. 



La^s rcpaakd. 



§ 2. That in all contracts hereafter to be made, whether 
written or verbal, it shall be lawful for the parties to stip- 
ulate or agree that ten per cent, per annum, or any less 
sum, of interest, shall be taken and paid upon every one 
hundred dollars of money loaned or in any manner due and 
owing from any person or corporation to any other person 
or corporation in this state. 

§ 3. If any person or corporation in this state shall 
contract to receive a greater rate of interest than ten per 
cent, upon any contract, verbal or written, such person or 
corporation shall forfeit the whole of said interest so con- 
tracted to be received, and shall be entitled only to re- 
cover the principal sum due to such person or corpora- 
tion. 

§ 4. All laws in conflict with this law, and all laws 
providing for penalties for taking or contracting for more 
than the legal rate of interest are hereby repealed. 

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

Approved Jan. 31, 1857. 



to /orte ieb.u, AN ACT to amend " An act to provide for township organization/' ap- 
1887. proved February 17, 1851. 

Section 1. Be it enacted by the people of the state of 
I/lmois, represented in the General *dsse7nhhj, That no 
»oUceto besiv- jjeyy town shall hereafter be made, or the boundaries of 
towns changed by the board of supervisor.s of their respec- 
tive counties, without at least sixty days' notice has been 
given before the presentation of petition, by posting up not 
less than five notices in the most public places of the 
towns so interested. 

§ 2. Tliis act to be in force from and after its passage. 

Approved Feb. 14, 1857. 



lores Jan. 28, 
I8o7. 



AN ACT in relation to the transcribed records of Blown county. 

Wherea.9 James Brockman, late clerk of the circuit court 
of the county of Brown, v/as appointed by the county 
court of said county as a commissioner to transcribe all 
deeds and title papers for lands lying in said county of 
Brown, whicii were recorded in other counties, where by- 
law they were autliorized or permitted to be recorded \ 
and whereas said Brockman died without having com- 



47 1867. 

pleled said transcribing ; and whereas some of the deeds 
transcribed by persons employed by said Bfockman to 
assist him with the work were so imperfectly and errone- 
ously copied as to be scarcely legible or intelligible ; 
therefore, 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General ^^ssembly, That the 
clerk of the circuit court of said county of Brown be and cinnit cierk t« 
he is hereby authorized and empowered to proceed to cumpijicwort. 
complete the transcribing of said records, and to compare 
and certify to them the same as thougii he had been origi- 
nally appointed a commissioner for that purpose. 

§ 2. It shall be the duty of said clerk to proceed in pu;yojgj,,.j. 
due time to all recording offices in this state, where deeds 
or title papers for lands lying in said county of Brown 
have been liy law required or permitted to be recorded, or 
where such records may be deposited or kept, and he shall 
carefully compare all of said deeds or title papers tran- 
scribed by said Brockman, or by his assistants, which are 
legibly written, with the original records of said deeds and 
title papers, and shall correct all errors that may have 
been made in transcribing the same. 

§ 3. He shall also copy into a book, to be prepared for ^^ copy nndi*,- 
that purpose, all deeds and title papers for lands in saia i^ect recoidt. 
county of Brown which were omitted to be transcribed by 
said Brockman or his assistants, and all deeds and title 
papers that were imperfectly copied by them ; and when 
he shall have completed the copying thereof, he shall care- 
fully compare them with the original records of such deeds 
and title ]japers, and shall correct all errors therein. 

§ 4, Said clerk shall note at the end oi each deed or 

^>', , -1 ^11.,. Time and p!ae« V» 

otner instrument copied or compared by him, the time teuuttd. 
when and the place where the same was recorded, and 
the volume and page of the original records from which 
the same is copied. 

§ 5. It shall be the duty of all recorders and other per- 

1 ii I iii- r.t ^ I- f.. Free acc«*6lok« 

sons having the charge or control ot any of the books in which au^vred. 
deeds and other title papers to lands lying in said county 
of Brown have been recorded, to permit said cierk to have 
access to said records for the purpose of transcribing and 
comparing tliem as provided for by the provisions of this 
act. 

§ 6. The clerk of said circuit court, upon the comple 
tion of the transcribing and comparing of said deeds am 
title papers, shall -affix at the end of each volume of said 
transcribed records, a certificate, under his official seal, 
certifying that he has faithfully and carefully compared all 
deeds and other evidences of titles copied therein with 
the original records of the same, and that they are cor- 
rectly copied from the said original records. 



Ccrtiflrsf* M b« 
d aOJxca. 



1S57. 48 

Trbeeviden.-e. ^ 7, g^jj transcribed records, wlien fully completed 
and certified to by said clerk, shall have the same force 
and effect in law that the original records have in the 
counties from whence they are transcribed, and copies 
thereof, when duly certified, shall be evidence of tlie facts 
therein contained in all respects whatever, as if certified 
from the original records. 

••iiM»w.jiui...j § ^* Said cleric shall be allowed a reasonable compen- 

sation for services performed by him under the provisions 
of this act, to be determined by the board of supervisors of 
said county of Brown, and to be paid out of the county 
treasury. 

^ 9. This act shall be deemed and held to be a public 
act, and shall take effect from and after its passage. 
Approved Jan. 28, 1857. 



iB forro Fc!\ 4, AN ACT to 'rocate a state road from Cariinville, in Macoupin counfj; vm 
^-^'' Fayette and Greenfield, to Carrollion, in Greene county. 

Section 1. Be it enacted by the people of the state of 
Il/i?iois, represented in the General */issemhly, That John 

*"l^w Joar'*" I^otiertson, M. Vanmeter and Thomas Davis be and they 
are' hereby appointed commissioner? to lay out and estab- 
lish a state road, which shall commence at the town of Car- 
linville, in Macoupin county, thence to run west to William 
Watson'sj in said county, thence north one half mile to a- 
section line, thence west on said section line to Bear creek 
timber, thence west to where said line crosses the old ori- 
ginal road, thence west with said old road to Aaron Comer's, 
thence westwardly to or near P. L. Redde's , thence north- 
west one-fourth of a mile, thence due west to Culver's 
mill shoals on Hodges creek, and thence west on the most 
eligible route, via Fayette and Greenfield, to Carrollton, in 
Greene county. 

Tim-jrfmeet.n-. ^ 9. Said commissioncrs or a majority of them shall 
meet at Carlinville, in Macoupin county, on or before the 
first day of June next, or as soon thereafter as may be 
practicdble, and take an oath before some person author- 
ized to administer oath?, faithfully to perform the duties 
required of them by this act ; shall proceed to lay out said 
road as provided in the preceding section, and shall desig- 
nate the route of said road by placing stakes in the ground 
or plowing furrows in the prairie and blazes on the trees 
in the timber. 

''uut***''^ '''° § '^" Said commissioners shall, as soon as the said road 
is located, make and file a report and plat of said road, 



49 1857. 

showing the course and distances from point to point, to bo evidence. 

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 j)ass, and shall make out 

and present 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 compciiKiiU..n. 

courts to make a compensation for the sums severally due, 

allowing 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 road through the respective counties. 

§ 4. Said road, when so located, shall be and the same reciarrd <<• t 
is hereby declared a state road, and shall be opened four 
rods wide, and be kept in repair as other state roads. 

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

Approved Feb. 4, 1857. 



AN ACT to extend the jurisdiction of justices of the peace and police In force rfbniarr 
magistrates in certain cases. 6, iSo"?. 

Section 1. Be it enacted by the people of the slate of 
Illinois, represented in the General <^SHemhly^ Tiiat the 
jurisdiction of justices of the peace and police maaistrates Jurisiiicuou ez- 
of this state be extended to and so far as to include all ac- railroads. 
tions against railroad companies or against any person or 
persons controlling, operating or using any and all rail- 
roads in this state, for the killing or injuring of stock, cat- 
tle, sheep or hogs or any of them, when the amount in con- 
troversy does not exceed one hundred dollars. 

§ 2. That service may be iiad upon said companies ^*7'^'^* '''*^ 
or upon the person or persons controlling, operating or 
using the said railroads, by leaving a copy of the sum- 
mons or writ issued by a justice of [the] peace or police 
magistrate, in the ordinary form, with any person who may 
be at the time acting as station agent at the nearest station 
to said justice of the peace or police magistrate, or in the 
time and manner provided in an r\ct entitled " An act to 
amend chapter eighty-three of the Revis' d Statutes, en- 
titled 'Practice,' ^' approved February 8th, 1853. 

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

Approved Feb. 5, 1857. 
—4 



1857. 50 

n f>rc? Jan. 13. ,\x ACT to locate n. state road from Pittsfipld, in the county of Pike, t» 
^^^~- Q lincy, in the county of Adams. 

Section 1. Be it enacted by the people of the state of 
Iflinnis, 7'epresented in the General t-issemhfy^ That James 

Cdinniissionersto Ward and Jo 11 S. Roberts, of the county of Pike, and 
.Oj..ate,Mi. Samuel Hutton, of the county of Adams, be and they are 
hereby appointed commissioners to view, mark out, locate, 
establisli and open a state road, commencing at Piltsfield, 
in the county of Pike, and running ihence on the nearest 
and most practicable route to Barry, in said county, thence 
to Shields' Mill, in said county, and from thence to the 
city of Quincy, in the county of Adams. 

0)ni:mssioneTs;o i o. Said Commissioners, OF a maioritv of tiicm, shall 

meet at Pitts- i ^ , ' J J ' 

Held. meet at Pitisneid, at sucli tune as may meet their conve- 

nience, at any time before the first day of January, A. D. 
1S5S, for the performance of the duty herein assigned them, 
and shall be and are hereby empowered to employ a sur- 
veyor and such chainmen and axemen as may be necessary 
for the location of said road, who shall perform the duty 
requiied of them by said com.missioners, and shall receive 
sucli compensation or per diem allowance as said com- 
missioners shall certify ihey are justly entitled to. 
r>or.-eyo: to make ^ 3. Said surveyor shall make out a correct plat or sur- 
^■* ■ vey of said road, a true copy of which, duly certified by 

him, shall be filed by said commissioners, together with a 
report of their action in the premises, with tae clerks of 
the county courts in each of the counties of Adams and 
Pike, who shall enter the same of record in their respective 
offices, after which, said road, or as soon thereafter as said 
commissioners shall open the same, shall be worked and 
kept in repair as other state roads, 
powrrs rf ccci- ^ 4. Sdid CO m ffl Is s loHcrs are hereby vested with full 
missiono.5. power and authority to do all acts and things necessary to 
open said road in conformity to this act, and when opened 
the same sliall not be altered or clianged by the board of 
supervisors or road commissioners of either the county of 
Adams or Pike. 
D»mi-'^?. how ^ 5, Should any damages be claimed by any person or 
persons in consequence of said road passing over his, her 
or their land or j)remises, the same shall be assessed and 
))aid in the manner provided by law : Provided^ that after 
the assessment of said damages, the opening of said road 
shall not be 1 indered cr delayed. 
D»-na7e?, hnw ^ Q ^'\^^. damagcs arising out of or by reason of said 
road pa>sing over lands situated in the county of Pike shall 
be paid out of the county treasury of said county upon the 
ordfr of tlie board of snpervis >rs thereof, and the damages 
arising out of or by reason of said road pas i;;g over Innds 
situated in the county of Adams shall be paid out of the 



51 1867. 

county treasury thereof upon tie order of the board of 
supervisors of said c junty. 

^ 7. Said commissioners sliall receive as a compensa- compensation. 
tion for their services three dollars each per day, which 
shall be equally paid out of the county treasuries of the 
counties of Adams and Pike, together with the amount 
which they may certif}? to be due to such person or per- 
sons as they may emj)loy in or about the location, survey- 
ing or opening of said road, it being the true intent and 
meanins: of this act that each of said counties shall nay one- crunues u', pa 
half of the expenses arising from or out of the location, 
surveying, opening and establishment of said road. 

§ 8, This act to take efFect and be in force from and 
after its passage. 

Approved January 13, 1857. 



AN ACT to amend chapter XXI orthe Revised Statutes of 1845. In foi-ni- F.b. i3. 

Section 1» Be it enacted by the people of the state of 
Illinois, represented in the General Jlssembly.) No omis- 
sion heretofore made or hereafter to be made by any clerk omission to serve 

, .,T> i 1 -I process not to 

to issue, or shenri to serve, any subpcena in chancery, tar decree. 
summons or the process, against or upon any defendants to 
any proceeding at law or in chancery, who, by affidavit, 
shall be shown to be non-residents of the state as required 
by the 8th section of the act to which this is an amendment, 
sliall constitute any objection to the entry of any verdict, or 
the rendition of any decree or judgment, nor shall any decree 
or judgment be reversed by reason or on account of any such 
omission, unless the parties objecting to the entry of such 
verdict or the rendition of such judgment or decree, or the 
reversal thereof, shall show, by evidence satisfactory to the 
court, that the said defendants so alleged to be non-resi- 
dents, were, at the time when service should have been 
made, within the jurisdiction of the court, so that process 
could have been served on them : Provided^ lidtcever, 
publication of notice shall have been made as required by xotice toupnfr- 
said section 8, of chapter XXI, of Revised Statutes of 1845. *'"'"'• 

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

Approved Feb. 12, 1857. 



1857. 52 

la utTcf. Feb 1^, AX ACT in relation to the r;e:hts of married women in certain cases. 

Section 1. Be it enacted by the people of the state of 
IHinois, represented in the General ,issem/)ti/, That in all 
pr>p«rty .f nsay csses where property, either real or personal, has been or 
vey^ti!'^"'^'"^"" shall be conveyed to a trustee or trustees for the use of 
any married woman, not coupled with any interest in the 
trustee or trustees, or any person other than such married 
' woman, and sucli trustee or trustees shall die holding such 
trust, in all cases where it would be the duty of a court of 
chancery, upon proper application being made, to appoint 
another trustee to carry into effect the trust, it shall be 
lawful for said court of chancery, if in the opinion of the 
chancellor the interest of said married woman would be 
promoted thereby, to decree that such married woman may 
hold and convey such property, absolutely, and in her own 
name, and the same shall not be subject to the debts of her 
husband. 

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

Approved Feb. 14, 1857. 



In forc«Feb. 10, AN ACT to amei.d chapter ten, of the Revised Stat'atcg, entitled '-'Attach- 
^857. ments against Eoats and Vessels." 

Section 1. Be if enacted by the people of the state of 
Illinois, represented in the General Assembly, That when 
.••m"» renderpd any seTvicc shall be rendered by any steamboat, canal 
crelursaiirnr' boat, barge, fiat boat, or other water craft, to any other 
steamboat, canal boat, barge, flat boat, or other water craft, 
under any contract, express or implied, the owner or 
owners of such steamboat, canal boat, barge, flat boat, or 
other water craft, so rendering such service shall have a 
lien on such boat or water craft aforesaid, to which the 
same may be rendered, for the value of such services for 
the same length of time and in the same manner as liens 
are now enforced by law in this state against steamboats 
and other vessels for materials and supplies, and be enforced 
in the same manner. 

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

Approved Feb. 10, 1857. 



53 1S57. 

AN ACT to vacate a portion of ?. stato road therein named. info.oe jan i6. 



1857. 



Section i. Be it enacted by the people oj ths state of 
Illinois^ represented in the General As semhUj ^ That so much 
of the state road from Freeport, in Stephenson county, t 
Savanna, in Carroll county, located in the year of A. D. 
1853, as lies south of the point where said road intersects 
the north line of the southwest quarter of the southeast 
quarter of section thirteen, of the town of Florence, 
Stephenson county, and the south line of said county of 
Stephenson, be and the same is hereby vacated. 

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

Approved Jan. 15, 1857. 



AN" ACT to amend ''An act to regulate the agency of insurance companies m forop Jun.33, 
not incorporated by the state of Illinois,'' approved fourteenth of Feb- ' 1S57 
ruary, eighteen hundred and fifty-five. 

Section 1. Be it enacted by the people of the slate of 
Illinois^ represented in the General Assembly^ That insu- 
rance companies shall be required to file a copy of the state- Fii-^ copy m i,h» 
ment required in the first section of the foregoing recited office.^ '""'''* 
act to be filed in tlie auditor's otfice in the office of the 
county clerk of each county in which they may have estab- 
lished or may hereafter establish an agency, but a coj)y of 
the statement filed fi^r a renewal of certificate, as required 
by the fourth section ol said act, shall not be required to 
be filed in the office of the county clerk. 

5 2. The auditor may file statements and evidence at -*-'^'Jit<"" *« fi'« 
any time they may be presented lor that purpose, and grant 
certificates of authority to the agent or agents of the com- 
panies filing such statement, but no certificate shall author- 
ize the agent or agents to take risks or transact any busi- 
ness of insurance from and after the thirty- first day of 
January next ensuing the date of such certificates. Any 
person or persons who shall transact any business of insu- Penalty for doms 

» ,,' i. p • 1 1 .1 • i business with- 

rance as tne agent or any company required by this act or out a ct'mpii- 
the act to which it is an amendment, to obtain authority ^"*^*^' 
from the auditor to transact business in the state', without 
first obtaining a certificate from the auditor authorizing 
him or them to transact such business or who shall trans- 
act such business, after the expiration of the time specified 
in such certificate for doing business under it, and before 
he shall have received a renewal thereof, shall be liable 
to all the penalties imposed in the act to which thi.« is an 
amendment for a violation of the provisions of said act. 



1857. 54 

jTo* to auditor. ^ 3. Insurance companies shall pay to the auditor five 
dollars for examining aiid filijig the statement and evidence, 
and one dollar for each certificate of authority issued to 
agents. 

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

Approved Jan. 22, 1857. 



ta fortw Feb. IS, AX ACT to ami?nd an act entitlod '"An act to provide for a general system 
^537. pf railroad incorporations," approved November 5tt), 1849. 

Sectio:^ 1. Be it enacted by the ])eopIe of the state of 
^ Illinois^ represeiited in the Genei'al ^^ssemh/i/, That the 
fourteenth section of an act entitled "An act to provide for 
a general system of railroad incorporations," approved 
November 5th, 1849, shall be amended by adding the fol- 
lowing provision thereto, viz : ^^Provided, that none of the 
provisions of this section shall hereafter be applicable to 
such railroad companies as have oiganized under this law, 
until the same provisions shall be applied to the Central 
Railroad Company and to all other railroad companies incor- 
porated under this act." . 

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

Approved Feb. 13, 1857. 



warrari' 



la unea Fob. u, A.'N ACT to provide Cor tlie payment of improvements in the penitentiary \ 

1&57. at Alton. j 

Section 1. Be it enacted by the people of the state of j 
Illinois^ represented m the General. JJssemb/i/, That the 

A.Kiitor u, (lra^y auditor of pubHc acoounts is hereby directed to draw his ' 

warrant on the treasurer, in lavor of r>amuei A. Buckmas- ! 

tcr, for the sum of eleven thousand and fifty-six dollars j 

and forty-five cents, being the amount due said Buckmaster i 

for improvements in the peniientiary at Alton, as rhownby ' 

the report of the inspectors of said penitentiary to this ses- I 

sion of tl.>e general assembly. j 

§ 2. This act shall bo in force and take effect from and I 

after its passage. ' 

Approved Feb. 14, 1857. i 



56 1857. 

AN ACT to amend an act entitled "An act to provide for to-,vnship in force April la. 
organization, approved Feb. 17, 1851. '■'^^• 

Section 1. Be it enacted hy the 'people of the state of 
Illinois., represented in the General Jlssenihhj, That liie 
commissiuners of liigliways, bi fore deterinininLr to lay out ^''^""^nXl"ul-- 
any new road, or to alter or discontinue any old one, shall fore dfeterraiu- 
fix upon a time and place when and where they will meet, 
to hear any reasons that may be offered for or against alter- 
ing, discontinuing or layisig out trie same, and they shall 
cause written nonces thereof to be posted up in three of 
the most public places in the town, at least eight days [)re- 
vios to the time of meeting. 

5 2. After the action of tlie supervisors upon anyroad, No apriicatum 

^ , r ,, 1 • • L- .\ ' . . •' ' for cue yciir. 

upon appeal trom the decision or the commissioners oi 
higliways, no application shall be entertained by commis- 
sioners for the relaying, \acation or alteration of the same 
road within one year from the previous application to com- 
missioners. 

Approved Feb. 12, 1857. 



AN ACT to amend an act entitlod "An act to establish county courts," lu force Vth. u, 
approved February 12th, 1819, and ex'tonding ibe jurisdiction of the '''^~- 

La Salle, Winnebajjo, Boone and McHenry county c(uirts, approved 
February 27th, 1854, extending the jurisdiction of the Carroll county 
court. 

Section 1. Be it enacted hy the penjjlc of the state of 
Illinois.) represented in the General. Jisscinbly^ That in ad- 
dition to the power heretofoie conferred upon the county Ju-isaicuon <.r 
courts of this state, the county court of Carroll county shall cour".xK?i'j"d, 
have and tliey hereby receive the same powers in juris- 
diction in all civil cases, suits and actions, and proct-ed- 
ings, which are conferred upon and now in force in the 
county courts of La Salle, Winnebago, Boone and McHenry 
counties, '^y an act of the general assembly, entitled "An 
act to amend an act establishing county courts, approved 
February 12th, 1S49, and extending the jurisdiction of the 
La Salle, Winnebago, Boone and McHenry county courts, 
approved February 27th, 1854." 

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

Approved I eb. 14, 1867. 



1867. 56 

lo f>r9o Feb. 15, AN ACT lo provide additional bailiffs to wait upon circuit courts. 



isfl: 



Section 1. Be it enacted hy the people of the stale of 
Illinois^ represented in the General *^ssemhli/. Tliat the 
Adiiiu.j.a; nuni- judgcs of CBch judicial circuit be and are hereby author- 
ized to empower the sheriff of each county composing said 
circuit, to employ as many additional bailiffs, above the 
number already provided by law, as may, in the discretion 
of said judge be necessary for the dispatch and disposal of 
all causes and actions in said court. The pay of said bai- 
liffs not to exceed two dollars per day during their time of 
service, to be paid out of iiuy unappropriated monejs in the 
county treasury. This act to take effect and be in force 
from and after its passage. 
Approved Feb. 16, 1857. 



i eb. IS. A-\ ACT to amend an act entitled ''An act to preserve the game in the 



loo7. 



state of Illinois,-' ajiprovcd Feb. 15, 1855. 



Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General v^ssembly, That the 
uiiuuii.-ouuty provisions of the act entitled "An act to preserve the game 
in the state of Illinois," approved February 15th, 1855, be 
and the same are hereby declared to be in full force and 
effect for the county of Clinton, anything in said act to the 
contrary notwithstanding. 
Oiiiawfuiforper- § 2. That it shall be unlawful for any person or persons, 
^ons To kmj who are not citizens of said county of Clinton, to kill, 
*•"' *^^ ensnare or trap any deer, fawn, wild turkey, grouse, prairie 

hen or chicken, or quail, at any time, in said county of Clin- 
ton, for the purpose of selling or marketing the same out- 
side of said county. 

§ 3. That any person or persons violating any of the 
provisions of this act shall be subject to the fines and pen- 
alties enumerated in section four of the act referred to in 
section one of this act, and to be recovered in the manner 
and form specified in said section four. 

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

Approved Feb. 9, 1857. 



f 9ii»Ity 



57 1857. 

AN ACT givin;;; the judges of the supreme court power to appoint librii- Inforcc Feb. lo, 
rians ami to regulate compensation, &c., &c. ^^^"^ 

Section 1. Be it enacted by the people of tlie state of Illi- 
nois^ rejyrcscnted in the General Jlssembhj, That the judges of 
the supreme court are hereby '^'authorized to appoint a supreme amri 

, • ' ,- I 1 J- • • A*- -U I- J i- appoint libr»- 

iibr;uian lor each grand division, and to prescribe his duties nan. 
and compensation not exceedini^^ fifty dollars per quarter, 
to be paid as other expenses of the supreme court are paid. 

5 2. Tlie person appointed librarian, before entering,, 
upon the duties oi Ins omce, sliall give bond with good bond, 
security, to be approved by the judges of the supreme court, 
payable to the governor of the state of Illinois. Said bond 
shall be in the penal sum ol one thousand dollars, and be 
conditioned for the due preservation of the books belong- 
ing to the library in his ciiarge, and for the faithful per- 
formance of his duties as such librarian. 

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

Approved Feb. 10, 1857. 



itlieir 



AN ACT for the alteration of the plat of the village of WauconJa, and m force Feb. 12, 
to vacate certain streets and alleys therein named. ^^°''- 

Section 1. Be it enacted by the -people of the state of Illi- 
nois, represented in the General Jlssembly, That Justus Bangs, 
J. R. Wells and Asa Burbank be and they are here- commissioners 
by appointed commissioners to ma-.e the following al- app^i"tedr*>"^ 
terations in the plat of the village of Wauconda, in the 
county of Lake, to wit: to locate a street or alley twenty- 
six feet wide through the centre of lot number three (3,) 
in block number four (4,) running from the street running 
through said plat northwesterly to the lake ; also, to locate 
a street or alley on the line of lots one (1) and two (2.) 
and block three (3,) extending eastward thirty-three (33) 
feet, and westward ten ( 10) feet from said line, and north- 
ward sixteen (16) rods, parallel with said line from the 
south line of said lots one (1) and two (2,) and to vacate 
the street or alley between block three (3) and four (4,) 
and set the same to block three, as lot seven (7,) and 
vacate tlie street or alley between blocks five (5) and six 
(6,) aid set the same to block five (5) as lot seven (7 ;) 
also, vacate the street or alley between blocks two (2) and 
three (3,) and pet the same to block two (2) as lot five (5 ;) 
also, vacate the street or alley between blocks six (6) and 
seven (7,) and set the same to block six (6) as lot seven 
(7,) and locate a street or alley on the line between lots 



1857. 5S 

five (5) and six (6,) in block six (6,) taking one rod oflf 
said lot five (5,) and thirty-tliree (33) links off said lot 
six (G). 

Farther duties of § 2. The Said commissioners shall within six months 
«mmibsioutr». ^^^^^^ jjjg J^te of the passage of this act proceed to make 
the alterations in the lirst section of this act described, and 
shall cause tlie same to be surveyed, and a plat or map 
thereof made by tiie county surveyed in accordance, as 
near as may be, with the laws now in force in relation to 
the laying out of towns in this state. 

Map to b5 record- ^ 3. Xue Said plat OT map, alter having been com})leted, 
shall be certified by the surveyor and saii commissioners, 
and tlie persons owning t!ie land upon whicli said new 
streets or alleys shall be located, or their agent, shall 
acknowledge the same before some person authorized by 
law to take the acknowledgment of detds and other instru- 
ments, after which said plat or map, with Ihe certificates 
thereto, shall be recorded in the office of the clerk of the 
circuit court of Lake county, in like manner and with like 
effect as in oilier cases of town plats under the existing 
laws of this state. 

§ 4. Tliis act shall take effect and be in force from and 
after its passapre. 

ArpnovED Feb. 12, 1857. 



In fufc April 11, AX ACT empowering certain comrnissioiiers to caltcr a state road in Ogle 
1857. " county. 

Section 1. Be if enacted hi/ the people of the state of 
Illinois^ represented in the Getieral ^2.ssefn/)/i/, That the 
CotDmi»3ioncr3of commissioners of highways in the town of Lafayettf, and 
wr and V2cai=. C')unty (li Ogle, be and are here )y authorized to so ; Iter 
the state road located between Grand de Tour and Chicago, 
as to caii'e said road to run, commencing at the point of 
its iritersection with the town lint- between Lafayette and 
Taylor townsliip«!, north on said town line to the town line 
between Lafayette and Pine Rock townships, and thence 
ea<;t on said town line to the point of intersection with said 
state road as at present Incited, and said commissioners 
are further empowered to vacate so much of said state 
road as is located between the first and last points of said 
relocation. 

Ai'PROvED Feb. 10, 1857. 



59- 1857. 

AN ACT to provide for the payment of certain books therein named. in fores Peb. 14, 

* '■ ■' 1867. 

Sfction 1. jBe it enacted by the people of the state of 
Illinuis represented in the General Jissembhj^ That the 
auditor of state be and he is hereby authoiized to issue his ^'^^^|°au^ '**'• 
warrant on the treasury for the sum of three hundred and 
twenty-five dollars, in favor of Keen & Lee, booksellers, 
of the city of Chicago, being for ( 1300) thiiteen hundred 
extra copies of a compilation of township organization 
laws, furnished the secretary of state, tinder and by virtue 
of the pro.visions ot the act in relation to tlie compilation ^ 
and distribution of the general laws of the state of Illinois, 
relative to townsliip organization, approved Feb. 9th, 1855. 

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

Approved FeB. 14, 1857. 



AN ACT to vacate certain roads therein mentioned. in force Feb. 11, 

1857. 

Section 1. Be it enacted by the people of the state of 
Illinuis represented in the General Assembly : That all 
that part ot the Kaskaskia road which runs over the town vacated roadB. 
lots of Rose and Omelveny's addition to the town of Water- 
loo, and so much of the public road, commonly called the 
"Prairie Dii Long road," as runs over the town lots of the 
same addition of said town, be and the same is hereby de- 
clared vacated. 

§ 2. That this act take effect and be in force from and 
after its pas.^Hge. 

Approved Feb. 16, 1857. 



AN ACT to amend chapter forty- one, Reviaed Statutes, entitled "Fees ni force Fcfi . i ^ 
and Salaries." ISB'- 

Section 1. Bt it enacted hy the peopk of the state of 
Illinois, represented in the General Asseniby, That there 
shall be allowed to the secretary of state, a fee of one dol- 
lar for each commission issued to a notary public. 

This act to take effect from its passage. 

Approved Feb. 14, 1857. 



•loners. 



1857. 60 

la forct>^ Feb. 16. AX ACT to locate a state road from Charleston, in Colea county, to Olney, 
^^~ in Richland county. 

Section ]. Be it enacted by the people of the state of 

IHinois^ represented in the General Jhseviblij^ 'ihat Reu- 

comai'.s^ioaers bcn Mooi', WiHiam E. Sinith and Wiliiam Maxwell are 

loiocito. hereby appointed commissioners to locate a state road, viz: 
-from Charleston, in Coles county, to Prairie City, in Cum- 
berland county, thence to Newton, in Jasi)er county, thence 
to Olney, in Richland county. 
coDiiai.-yioiiers § 2. Tile Said Commissioners, or a majority of them, 

^^^"^ shall meet at Charleston, in Coles county, on the first Mon- 

day in April next, or within one month thereafter, as they 
may agree on, and upon being duly sworn before some 
justice of the peace of Coles county, to faithfully and 
imj)artially discharge their duties as said commissioners, 
shall commence at Charleston and locate said road on the 
nearest and most eligible route to the points specified in 
the preceding section, having due regard to private pro- 
perty. 
Duir of comniis- § 3. Said Commissioners shall designate said road by 
blazes on trees through timber and by setting up stakes in 
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 clerks of the county court of each county through 
which the road may be located, and the county courts sLuall 
then cause so much of said road as lies within their respec- 
tive counties to b'e opened sixty feet wide and keep in re- 
pair as other public higliways are. 

§ 4. The said commissioners shall make out and pre- 
Tnezi, sent to the county court of each county in which said 

how paid road may be located, a copy of their time and the number 
of hands severally employed in each county, and thereupon 
it shall be the duty of said courts to make compensation 
for the sums severally due, in proportion to the number of 
days in each county, allowing to each commissit)ner 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 reasonable 
compensation shall be allowed for the use of teams should 
such be neces«!ary, to bo paid by said courts as aforesaid. 
§ 5. This act to he in force from and after its passage. 
Approved Feb. 16, 1857. 



Oomp«n.«ation of 
commissii 



61 . 1857 

AN ACT to amend the several lawa of this state in relation to swamp In force Feb. u. 

laiuls. li^S'- 

Sfxtion' 1. Be it enacted hy the people of the state of 
lilinuis, repy^esented in the General »dssemblij^ That the 
board of supervisors of the county of Brown be and is superv 
hereby authorized and empowered to value the swamp 
lands in said county remaining unsold, and to proceed to ^*-'" 
sell the same at any time hereafter in the manner now pro- 
vided for by law, anything in the laws of this state in re- 
lation to swamp lands to the contrary notwithstanding. 

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

Approved Feb. 13, 1857. 



Urown conntj 
to valno aud 



AN ACT to amend an act entitled '' An act to provide for the sale of state in force Ftb. is 
lands and the liquidation of sfate indebtedness, and to p:rant ri<;lits of '^^"^ 

pre-emption to S'^ttlers on state lands/' approved February 1!, 1853. 

Section 1. Be it enacted hy the people of the atate oj 
Illinois, represented in the General Assembly, That so 
much of section (2) two in the act to which this is an amend- p-^^ <" ^ec. so 
ment, requiring the auditor to sell the state lands within 
twelve months from the passage of said act, is hereby re- 
pealed, and the time of such sale is hereby extended until 
all the lauds mentioned in said act are sold ; and the auditor Auditor to offer. 
of public accounts is hereby required to offer at public 
sale, in accordance with the provisions of the act to which 
this is an amendment, all the lands now owned by the state 
of Illinois, and which were withheld from sale by an act 
entitled "An act to suspend the sale of lands owned by 
the state," approved February 7, 1861. 

§ 2. All persons who had a right of pre-emption to any Pre-emptiui. 
lands under the eighth (8) section of said act, shall be per- 
mitted to prove up their pre-emptions in accordance with 
the provisions of said eighth section, within six months 
after the passage of t'lis act : Provided, that if any of 
said pre-emptions have been sold or transferred, the legal 
owner or owners of said pre-emptions now in the actual pos- 
session of tlie lands to which said pre-emptions attach, shall 
have the right to prove up the same, and shall be entitled 
to all the rights and privileges of the original owner. 

§ 3. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 16, 1857. 



1857 62 

In force Feb. 5. AN ACT for tho relief o£ the Illinois Institution for the Elucalion of the 
»S3~- Deaf and Dumb. 

Section 1. Be it enacted by the people of the state of 
lUinoL'i, rej))'esented vithe General »/i$se7nbltj, That there 
Appropriatica. be 8] pioj)nated to the institution for the education of the 
deaf and dumb the sum of six thousand five hundred and 
eight dollars and thirteen cents, for the purpose of paying 
divers laborers and tradesmen certain debts due for labor 
perlormed and mateiial furnished, in erecting the north 
wing and completing the repairs upon the centre building 
of said institution, lo be disbursed in the same manner af 
other funds of said institution; and the auditor is hereby 
authorized to draw his warrant on the treasury for that sum. 

§ 2. Tliis act to be in force from and after its passage. 

Approved Feb. 5, 1857. 



In force Feb. 7, AN ACT to provide for laying ont highways upon the line between 
'867. Illinois and adioiniiiET states. 



Adjoining states. Section 1. Highways may be laid out and opened up- 
on the line between tiiis and any adjoining state as provided 
in sections nineteen, twenty, twenty- one, twenty- two and 
twenty- three of " An act to provide for township organiza- 
tion," approved Feb. 17, 1851, whenever the laws of such 
adjoining states shall be applicable. 

§ 2. This act shall be in force from and after its passage. 
Approved Feb. 7, 1857. 



,A lie ration ot. 



In force ViV. 9, AN ACT to alter the state road loading from Josephine, in Woodford 
1857. county, to Kno.xville, in Knox county. 

Section 1. Be it enacted by the people of the state of 
Illinois^ represented in the General Jhsen bly, That the 
state road leading from Josephine, in Woodford county, to 
Knoxville, in Kno.x; county, be so altered as to run due 
west from the southeast corner of section sixteen, in town- 
ship twelve north, range three east, one half mile; thence 
soulii till it intersects the road as now laid out; and that 
all that portion oif said road which runs angling across the 
northeast quarter of twenty- one, in said towriship, be and 
is hereby vacated. This act shall take effect and be in 
force from and after its passage. 

Approved Feb. 9, 1857. 



63 1857. 

AN ACT to estrblisli a.stato rorjd from Ottawa, in La Salle county, to in force Feb. 1 6, 
Dwip;ht, iti Livingston county. ^^^" 

Section 1. Be it enacted by the people of the state of Illi- 
nois, represented in the General Assembly, That George W. 
Armstrong, Daniel T. Hitt and Tliomas M. Mason, of ConimiKsioner«to 
La Salle countj, be and tliey are hereby aj)|.ointed com- '°°''^' 
missioners to locate a state road, commencing at the quar- 
tersection corner of section thirteen and fourteen, in town- 
ship thiity-tliree nortli, of range tiiree east of the third 
principal meridian, at the southeast corner of the city of 
Ottawa, in La Salle county, and running south on the road Ottawa. 
known as the Bloomington road, to or near the larm of John 
B. Reed, on the west line of section twelve, in town seed'a. 
thirty-two nortli, of range three east of the third principal 
meridian; thence in a soutiieasterly direction, the most direct 
and eligible route to the southwest corner of section thirty- 
four, town thirty-one north, range five east; thence east 
on the north line of Livingston and the south lines of Livingston. 
La Salle and Grundy counties, to the northwest corner of 
town thirty north, range seven east; thence on the section 
lines to the village of Dvvight, in Livingston county: Pro- Dwight. 
videdy that the commissioners herein appointed to locate 
the said road, when they arrive at the following tracts of 
land shall run the said road as follov^s, viz : throusjh the 
east half of tlie S. W. qr. of sec. 18, in T. 32 N., R. 4 east 
of the (3) third piincipal meridian, so as to take off five 
acres from the S. W. corner of said tract of land ; and 
through the N. W. qr. of sec. 19, same town and range, so 
as to take oif five acres from the N. E. corner of said tract ; 
and through the N. E. qr. of the same sec, town and range, 
so as to take off ten acres from the S. W. corner of said 
tract; and through the S. E. qr. of same sec, town and 
range, sa as to take off ten acres from the N. E. corner of 
said tract; and through the N. W. qr. of sec. 29, same 
town and range, so as to take off ten acres from the N. E. 
corner of said tract; and through the N. E. qr. sec 29, 
same town and range, so as to take off five acres from the 
S. W. corner of said tract of land ; and through the west 
half of the S. W. qr. of sec. 29, same town and range, so 
as to take off five acres from the N. W. corner of said tract 
of land ; and the said commissioners shall lay out and estab- 
lish said road by the nearest and most practicable route to 
the village of D.wight, in Livingston county. 

§ 2. The said commissioners, or a majority of them, commisBionow 
shall meet in Ottawa, on or before the first day of April '"''^*- 
next, or as soon thereafter as convenient, and after calling 
to their assistance two chainmen and one axeman, and 
after being sworn by some justice of the peace or other swom. 
ofiicer authorized to administer oaths, to faithfully and im- 



1857. 



64 



Plat to clerk 
•oxinty court. 



Beconled. 



6op7 filfd with 
town clerk. 



Koad opsnc<1. 
Damage. 



How assessed. 



Keturn tocoucty 
clerk. 



Ifulif; owner. 



.Appeal 



■xptns^s, h"W 
paid. 



partially perform the duties required of them by this act, 
shall proceed to survej', mark and locate said road, and 
having the same shall within thirty days ther»^after return 
to the office of the clerks of the county courts of each of 
said counties through which said road may pass, one copy 
Oi the plat of the survey of said road, together with 
field notes thereol", which plat, field notes and the report of 
said commissioner, shall be spread upon tiie records of said 
county courts. 

§ 3. Tlie clerks of the county courts of each county 
through which said road shall he-ve been so located, shall 
within thirty days after the report of said commissioners 
shall have been filed in their otfice, cause a copy of said 
survey and report to be filed in the town clerk's offices of 
the several towns through which said road shall pass, and 
the commissioners of highways in said towns shall cause 
the said road to be immediately opened sixty-six feet wide 
and kept in repair as other public roads. 

§ 4. In locating said road, the commissioners shall have 
due regard to private property, doing as little damage as 
may be consistent with public interest, and when damages 
are claimed by any owners of lanu over which the said road 
shall pass, if tliey cannot agree with said owner or owners 
of such land as to the amount of damages, the said commis- 
sioners shall proceed to assess said damages without regard 
to the benefit of such road to the owner or owners of such 
land, and make return'of said assessment, to the clerks of 
the county courts of the respective counties where such 
damages are claimed, at the. same time they make their 
report; and the clerks shall immeciately notify the proper 
officers of such claim for damages, so that they may cause 
the same to be paid, and the clerks shall also notify the 
owners of the land as to the report and amount of damages 
allowed by the commissioners. Tiie owners of the land, if 
they are not satisfied with such assessment, shall have the 
riglit to appeal to the circuit court of the county in which 
such land may be situated, by fi ing a bond with the clerk 
of said court within twenty days after receiving the notice 
of the assessment of such damages, or the filing of the said 
plat and assessment in the office of the said clerk. 

§ 5. Tiie sai 1 commissioners shall each receive as com- 
pensation for their services, tlie sum of two dollars and 
fifty cents per day, the surveyor shall receive five dollars 
per day for his services, and the chainmen and axeman 
shall each receive the sum of one dollar and fifty cents per 
day for their services : Provided, that if eitlier of the said 
commis.sioners appointed by this act shall act in the 
capacity of surveyor, he shall receive no further compen- 
sation than five dollars per day for his services as commis- 
gioner and surveyor, except tliat ho shall be allowed au 



65 1857. 

additional reasonable allowance for making out the plats, 

as the courts shall judge to be right and just, said expenses 

to be paid by the supervisors of the several counties in counties to p»f 

proportion to the length of the road running through each "' i'"'POTtio«.. 

county. 

^ 6. ^aid road, when so located, shall be deemed and state road 
declared a state road, and be opened four rods wide and 
be kept in repair as otlier public roads. 

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

Approved Feb. 16, 1857. 



AN ACT to loc&fce a state road therein named. In force Feb. 9, 

1857 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General t^ssembly, That John 
W. Hoit, James McGahey and Martin Woodworth, of commissior.ers, 
Crawford county, or a majority of them, be and they are 
hereby appointed commissioners to lay out and establish a 
state road, which shall commence at the northeast corner 
of section sixteen, in town six north, of range eleven west, 
in said county ; and thence running west on the line between 
section sixteen ^ nd nine, a distance of eight)^-two rods; 
thence directly south to intersect ^vith the present traveled 
road running across a portion of said section sixteen. 

§ 2. Said commissioners, or a majority of them, shall Further duty. 
shall meet on or before the first day of December next, and 
proceed to lay out said road as above provided, and shall 
mark out and designate tiie same. 

§3. Said commissioners, or a majority of them, shall put to be nied 
cause a plat of said road to be made out from point to point, 
and after tlie same shall have been certified by them, said 
plat shall be filed in the office of the county clerk of said 
count}', and tlie county court shall allow said commission- 
ers adequate com.pensation for their services. 

§ 4. Said road, when so located, shall be and the same Koad opened and 
is liereby declared a state road, and shall be opened four 
rods wide and kept in repair as other state roads. 

This act to take effect from and after its passage. 

Approved Feb. 9, 1857. 



—5 



1857. 66 

iii rorce Fell. 11, _.\]^" ACT tc locate a state loaii i:i (lie town of Rocktoti, "Winiiebaffo 
■''^'- couii.y. 

Skction. 1. Bt' it cnacUd by the pco])fe if /he slate cj 
It/ill. .iS, represeiiti d i/t the Gnnral ^^fimmbfy^ That a state 
^"-''' -'"^ '-' roiiil be and is hereby laid out in tiiC town of Rockton, 
Wii.r.ebago county, as a public highway, to commence in 
tlie village ot" Roekton, at the south end of Was'iington 
street, in said village; running thence south to the bridge 
erected by the commissioners of said town facioss Rock 
^•■^ »<■ river, and to be of the same width as the said Washington 

street; and that the present and future owner or owners 
of the land on which said highway is laid, and adjoining 
tliereto, have, and shall have, reserved forever, without 
let or hindrance, the undisputed right to construct and 
i::urn..-c. maintain a water course or mill race across said highway 

between Hawick street and Rock river, not exceeding one 
hundred feet in width, and said owners shall not be liable 
or under obligation to bridge said water course or mill 
i:..K'e. race, but such bridge or bridges as shall be required shall 

be determined, built and forever maintained by the high- 
way commissioners of said town of Rockton. at the expense 
of said town. 
r)j!!.a?e.^. § 2. The damages or right of way for laying such road 

shall be determined and adjusted in the manner prescribed 
for settling damages in cases of laying roads or public 
liigliways, by the highway commissioners of towt.s, and sub- 
ject to like appeals. 
Aoti.n of com- § 3. Any action heretofore had by the highway com- 
uii:»i<. ersvo j^jsgjQjjgj-s Qjf g^id towu cf Rockton, for laying a road on 
the ground contemplated in the laying of such state road 
shall be void ajid of no efiect. 
couunbsiontrsto § 4. Tlio highway Commissioners of the said town of 
uiuj^biB j^,jj.j^^Qjj_^ shall meet and award the damages for laying such 
state road, to the owaier or owners of the land across which 
said state road passes, within sixty days afier the passage 
of this act, and file the same onrecor-.i in the town clerk's 
x^fttt\ office of said town; and any appeal from the award of said 

commissioners, if taken, shall be taken within the usual 
time of taking appeals in cases of laying roads by highway 
commissioners, and deteruuned in the same manner ; and 
whenever the damages awarded shall be paid, said road 
shall be fully established. 

§ .5. This act shall be deemed a pul He act and take 
effect and be in forri; from and after its passage. 
Approved Feb. 11, 1857. 



67 1857. 

AN ACT to relocate a portion of a sUile road in Tazewell county, in force 'pniao, 



1857. 



Section 1. Be it enacted hj/ the people of the state of 
Illinois^ represented in the General Jissembbj^ That Seth 
Talbott, Jesse Fisher and Augustus Ames, of Tazewell commisKi<,nci»io 
county, be and tiiey are hereby appointeJ commissioners 
to view and reiocate so much of the state road leading from 
Peoria to Springfield, as passes over sections twenty-live 
and twenty-six, in the town of Elm Grove, in Tazewell 
county, which relocation shall be as follows, to wit : be- 
ginning at the point where said road crosses the north line noa.i. 
of said seciion twenty-five (25;) and thence running west 
on the section line dividing sections twenty-four and 
twenty- five to the west side of said sections ; and thence 
running south on the line dividing said sections twenty-five 
(25) and tv/enty-six (26,) to thesoutii line of said sections ; 
and from thence running west on the section line dividing 
sections twenty-six (26) and thirty-five (35,) to the point 
where said road at present crosses said section line ; and 
from thence uniting with the old road as at present located; 
and the portion of said road so relocated ard laid out is 
hereby declared a public state road, and shall be opened to be a si,.i« road 
and kept in repair as other public roads are, and the por- 
tions of said road afiected by this relocation is hereby 
declared vacated. 

§ 2. Said commissioners, or a majority of them, sliall comwiisiMnn' 
meet on said premises so to be relocated on the first Mon- '^"''■"' 
day of April next, or as soon thereafter as convenient, end 
take an oath before some justice of the peace faithfully to 
discharge the duties required of them by this law, and Ijav- 
ing relocated said road bs herein directed, and having 
caused an accurate i urvey and plat of the portion of said 
road so relocated to be made by a competent surveyor, 
and such plat shall be by them returned to the office of the put fiud. 
county clerk of said Tazewell county, and the same shall 
be filed in his office as other records of state roads. 

§3. Said commissioiitrs siiall be allowed the sum of Compensation ^r 

.'lit 1 i-i ill 1- •• cuinniissioner* 

two dollars per day whue actually engaged in reviewing ma surveyor, 
and relocating said road, and the further sum of four dol- 
lars per day for paying the surveyor wliile employed by 
them, to be allowed and paid by the board of supervisors 
of said county of Tazewell, in the same manner as other 
claims allowed by law. 

§ 4. That portion of said road as relocated shall not be Ron<i not, t* le 
opened as a highway until the land ov/ners over which "^^"*'''- 
such road so relocated passes shall release all damages by 
reason of such relocation. 

Approved Feb. 11, 1857. 



1857. 68 

\a forcaFcD.i4, AX ACT to locate and establish a certain state road therein named. 
1867. 

Section 1. Be it enacted hy the peop!e of the state of 
Illinnis^ represented in the General *dsscmbly^ That Thomas 

•wjimissior.crs j^. Harris and E. H. Richard, of IMacoupin county, and 
Joseph Talkington, of Sangamon county, be and they are 

Thoi- duty liereby appointed comm.issioners to lay out and establisli a 

state road, which shall commence at the southwest corner 
of the county of Sangamon ; thence running east with the 
county line three miles to the northeast corner of section 
number three (3,) in township number twelve north, range 
number seven west; thence in a southeastwardly direc- 
tion with the old Vandalia roa'l, to the Carlinville and 

» Colburn road ; thence north with said road to the county 

line ; thence east with the county line to the northwest 
corner of sectiQf\ number six, in township number twelve 
north, range number six west, so as to intersect the 
Waverly and Virden state road. 

c-xamisjiontrs to v^ -2. Said commissioners, or a majority of them, shall 
be.-.won> meet at the house of Tliomas R, Harris, in Macoupin 

county, on or before the first day of April next, or as soon 
thereafter as practicable, and take an oath before some 
person authorized to administer oaths, faithfullv to per- 
form the duties required of them by this act; shall proceed 
to lay out said road as provided in the preceding section, 
and shall designate the route of said road, by j)lacing stakes 
in the ground or plowing a furrow in the prairie, and blazes 
on the trees in tiie timber. 

ReiMjrt to be filed § 3. Said commissiouers shall, as soon as the said road 
is located, make and file a report and plat of said road, 
showing the course and distances from pciint to point, which 
plat and report, when so made, shall be certified by said 
commissioners, and a copy thereof filed in tiie office of the 
clerk of tl-.e county courts of the several counties tiirough 

Kitpeuses which the said road may pass, and shall make out and pre- 

sent to 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 sums se\erally due, allowing 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 road 
through their respective counties. 

open»i«nd kept ^ 4. Said road shall be, when located, and the samejis 
lurr-pair hereby declared a state road, and shall be opened four 
rods wide and kept in repair as other state roads. 

§ 5. Tills act to take effect from and after its passage. 
Approved Feb. 14, 1857. 



69 1857. 

AN ACT to locate a state road from Littleton, in Schnyler county, to in force Feb. m. 
Plymouth, in Hancock county. ^^"^ 

Section 1. Be it enacted hy the people of the state uf 
Illinois, re presoitedin the GeneralJlsse'mbUj, That Samuel 
Harney, William Noel, of Schuyler county, and J. J. Hip- c mnnssitmcn. 
pie, of Hancock county, be and they are hereby appointed and nani^ 
commissioners to lay out and establish a state road, which *^"""""- 
shall commence at the town of Littleton, in Schuyler 
county; thence to run over the nearest and most practical 
route to the town of Birmingham, in said county of Schuy- 
ler ; thence to the town of PJymoutli, in Hancock county. 

§ 2. Said commissioners, oi a majority of them, shall Tomeet. 
meet at said town ot Littleton, on or before the first day of 
April next, or as soon thereafter as convenient, and after 
having been duly qualified before some justice of the peace, Tobeswom. 
faithfully to perform the duties required of tliem by this 
act, shall proceed to lay out said road as provided in the 
preceding section, and designate the route of said road by 
placing stakes in the ground, and marks upon the trees 
along the route finally adopted. 

§ B. Said commissioners shall, as soon as the said road piattobefiicd 
is located, make and file a report and plat of said road, 
showing the distances from point to point, which plat and 
report, when so made, shall be certified by said commission- 
ers, and a copy thereof filed in the office of tiie clerk of 
the county courts of the counties of Schuyler and Han- m schuyier and 
cock, and shall make out and present to the boards of tiet. 
supervisors of said counties, certified copies of the time 
and number of hands necessarily employed in locating said 
road, and thereupon it shall be the duty of the board of 
supervisors of said counties to make compensation for the compensaiion. 
sums severally due, allowing to each person employed in 
layingoutsaid road, the sum of two dollars per day, except 
the surveyor, who shall be allowed the sum of three dol- 
lars for each day so employed : Provided.^ the county of provisc. 
Schuyler shall pay two-thirds and the county of Hancock 
one-third of tlie total cost of laying out said road. 

§ 4. Said road, when so located, shall be and the same Koads opened an.j 
is hereby declared a state road, and shall be opened four i^optm repair 
roads wide and be kept in repair as otiier state roads. 

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

Approved Feb. 13, 1857. 



1857. 70 

lu force rob. IS, AN ACT to locate a state rond from Shclbyvine,in Shelb)- county, liythe 
'^^'- -WAV of Neo:;a and Prairie City, in Cmril-prlatul county ; Uicnce easterly 

to intersect the national road in said iiist naii.ed county. 

Section 1. Be it enacted hij llie people of the state of 
Illinois^ reprenfuted in tlie General Assiembli/^ That .James 

Commissioners to Ewinsf, Jolin Berrv and E. G. Sliailenbarger be and they 
are iiereby ayipointed commissioners to locate a state road, 
to wit: from Shelbjville, in Shelby county, to Neoga, in 
Cnmberland county ; thence on the most eligible route to 
Prairie City ; thence easterly to intersect the national road 
at a point some five and a half miles from Prairie City, in 
said Cumberland county. 

Commissi. >nfrs to § 2. The Said commissioneri?, or a majority of them, 
»w:rii. ' ~ shall meet in Shelbyville, in Shelby county, on tlie first 
Monday of May next, or within three months thereafter as 
they may agree on, and upon being duly sworn by said 
justice of the peace of Shelby county, to faithfully and im- 
partially discharge their duties as said eominissioners, shall 
commence at Shelbyville and locate said road on the best 
and most eligible route to and betwe'c-n the points specified 
in the preceding section. 

R)a.j, how lies ig- § 3. Said commissjoneis sliall designate said road by- 
blazes on trees through timber and setting up stakes through 
untimbered ground; shaii make out a plat of said road with 

put w be flie<i. the mark and distance from point to point ; whicl. plat, 
when so made, shall be certified by said commissioners, or 
a majority of them, and a copy thereof filed in tiie office of 
the clerk of the county couit of Shelby and Cumberland 
counties, and the county courts shall then cause so much of 

R,j.it.vop?nfd said roads as lies within their respective counties, to be 
opened sixty feet wide and keep the same in repair as other 
highways are. 

KxppiHP?. ^ iiow ^4. Xiie said commissioners, or a majoiity of them, 
shall make out and present to the county court of each 
county in which said road may be located, a certified copy 
of their time and the number of hands res[)ectively em- 
ployed in each county ; thereupon it shall be the duty of 
said court to make compensation for the same severally 
due in proportion to the number of days in each county, 
allowing to each commissioner the sum of two dollars per 
day, ami to each hand employed the sum of one dollar and 
fifty eeiit>' per day, and to the surveyor the sum of two dol- 
lars aid fifty cents i)er day for each day necessarily em- 
ployed in locating said road through tlfiir said counties; 
and that such other reasonable c()mj»en>ation shall be 
allowed by said courts for the use of tennis, sliould such be 
necessary, to be [)aid for by said courts as aforesaid. 
^ 5. This act to be in force from and after its passage. 
ArpRovKD Feb. 13, 1857. 



71 1857. 

AN ACT to establisli Ihe comUy of Doiigia?, awl for other purposes Tn f.>r.-f> Fpb. n, 

Llu-relii iiaiiud. '^~ 

SECTiOiN 1. Be it enacted hij t!ie people of the atate of 
Illinois, represented in the General Jlsscvihly^ That aii 
tlicil uortioa ot the counties oi Coles and Lhampaign lying- ,ii,,,i 
within the iV»lk)wing boundaries, to-wit : comrnencir;g at 
the northeast corner of the county of Coles ; thence north 
on the east line of Champaign county three iniles, more or 
less, to a section stake, in the centre of township seven- 
teen (17;) thence west, on tiie section line, to the west 
line of Champaign county; tlience south on the west line 
of Ciiampaign county, and on the west line of Coles county 
to the southwest corner of section eightten, ( 18,) township 
fourteen (14) north, of range seven east; thence east on 
the section line to the centrj thread of the Embarrass 
river; thence up the centre thread of said river, one-half 
mile, more or less, to the first quarter section line ; thouce 
east ^in said quarter section line to the east line of Coles 
county, and thence north on the east line of Colts county 
to the place of beginning, be and the same is hereby cre- 
ated into a new county, to be called the county of Doug- 
las : Provided, that a majority of all the legal voters of 
each of said counties of Coles and Champaign, voting on 
the question, shall vote for the same h\ the manner herein- 
after prescribed. 

§ ii. The qualified voters of said connties of Coles and ^■J^f^*'""' '^'"''' 
Ciiampaign may, at an election to be held in the several 
precincts of said couties, to be lield on the last Monday 
in March next, vote for or against the creation of said new 
county of Douglas, by ballot, upon which shall be written 
or printed, or partly written and j)artly printed, "For the 
new county," or " Against the new county." 

5 3. The clerks of the county courts of the counties of '^"'''f'^^ *" «-'" 
Coles and Champaign shall give notice of said election in 
the several election districts of said counties, in the same 
manner as general or special elections are given as nearly 
as may be; and the judges of election and clerks thereof, 
shall conduct the said election and make returns thereof in i-.tums, low 
the snme manner as is now provided by law for conducting 
elections. In case of vacancy in the board of election, or 
failure to attend, such vacancy cr place of absentee shall 
he filled in the same manner as is now provided by law in 
relation to elections Returns of said elections shall be 
made by the several boards of election to the clerk of the 
county courts of their respective counties, who shall be gov- 
erned by the general election law tlien in force, in opening 
and canvassing the same. The clerk of the county court of 
Coles county siiall make return of the votes of said coun- 
ty to Coleman Bright and Sigler Lester, and the clerk of 



1857 



72 



RfiurDs to be 
Di.<ite li sccre- 
lary of state. 



Jf »i >;iiy votir.g. 

Ip'.'ciai elfftion. 
ifhon 'acid. 



•iectcd. 



Pra;tiona! v'i 
•luoM to vole. 



JviBiices antlcoii- 
ttHbleR to coa- 
kuue. 



••a<itr «eat, how 

loCiitcU. 



M aj inljr. 



the Cvounty court of Champaign county shall make return 
of tiie votes of said county to M. B. Lemon and Joseph 
O'Bryan, in each case within six days alter the same have 
been canvassed, and each of said clerks shall also within 
ten days make returns of said votes to the secretary of 
state. 

§ 4. If it shall appear that a majority of all the voters 
in eacli of said counties of Coles and Champaign, voting 
upon the question, have voted in favor of the creation of 
the new county of Douglas, then there sliall be held a 
special election in the several precincts within the limits 
in this act described for said neviT- county of Douglas, on 
the second Monday in May next, for county officers. Said 
election shall be conducted by the judges of election then 
holding otiice under appointment in the counties of Cham- 
paign and Coles counties, and at the usual places of holding 
elections; at which election the qualified voters of the new 
county of Douglas shall elect aiJ county officers for said 
county, except such as are hereinafter excepted, 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 election for such officers, 
and until their successors are elected and qualified, and 
shall have all the jurisdiction and perform ail the duties 
which are or may be conferred upon or required of like 
officers in this state. In case there shall be portions of 
precincts or election districts within the boundaries of the 
new county, then the voters within the same may, at the 
first election for county officers, as herein provided for, 
vote within such precinct or election district as they may 
deem most convenient within said new county. 

§ 6. All the justices of the peace, constables or other 
officers who have been heretofore elected and qualified in 
the counties of Coles and Champaign, wiiose term of office 
shall not have expired at the time of said election, and 
whose place of residence sliall be embraced witliin the limits 
of said county of Douglas, shall continue to liold their said 
offices and exercise the jurisdiction and perform the duties 
thereof until their term of office shall expire, and until their 
successors shall be elected and qualified. 

§ 6. For the purpose of fixing the permanent county 
seat of said county of Douglas, 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 such ballots shall be written or printed, or partly 

written and partly printed, "For county seat, ," 

after which words shall be v/ritten or printed the name of 
the place intended. The place receiving the majority of 
all the votes polled upon the question shall be the county 
seat of said county of Douglas ; but if no one place shall 



73 1857. 

receive a majority of all the votes polled upon that ques- 
tion, then it shall be the duty of the county court of said 
county to call another election, within sixty dajs thereaiter, A;»uiertieciio« 
at the several places of holding elections in said county, 
at which time tlie voters of said county shall choose from 
the two places having the highest number of votes at the 
former election, and the place having the majority of all 
the votes given shall be the permanent county seat of sa'd 
county of Douglas. 

§ 7. Notices of said election for county officers shall Notice giv«B. 
be given by the clerk of the county court of Coles county 
in the same manner as notices oi general elections are 
given in other cases; which notices shall specify that a vote 
will be taken upon the location of the county seat, and 
returns of said election shall be made to said clerk of said r.etu.asm.vi*. 
(.Ointy court the same as is provided by law in other cases* 

§ 8. All suits and prosecutions that have been or may suits not affe<-^ii 
be commenced in said counties of Coles and Champaign, in- 
cluding all proceedings in the county courts of said counties, 
in matters of probate, before the organization of said 
county of Douglas, shall not be affected by this act, but 
all such suits, j)rosecutions and proceedings shall be prose- 
cuted and conducted to their final termination in said coun- 
ties of Coles and Champaign, and the officers of said 
counties of Coles and Champaign are hereby authorized to 
execute all writs that may be necessary for the completion ^li^s execute.!. 
of said suits, prosecutions and proceedings within tiie lim- 
its of said county of Douglas; and ail judgments that may Judgmenu. 
have heretofore been obtained or that may hereafter be 
obtained under the provisions of this section, shall have 
the same lien upon all property within the limits of said 
county of Douglas as though the said territory had not 
been erected into a separate county. 

§ 9. As soon as the county officers shall have been ^'^'"^ coumyf.r- 
elected and qualified, the said county of Douglas shall be toty given/ 
considered organized, and the clerk of tiie circuit court of 
said county shall give notice thereof to the judge of the 
fourth judicial circuit, who shall hold court at such places 
as shall be designated by the county court until the county 
seat is located as herein provided. Said circuit court circuit court na 
shall be holden at such times as said judge shall direct, un- ^°^'^^°- 
til otherwise provided by law. 

§ 10. The school funds belonging to the several town- School ; en. is, 
ships embraced in the limits of said county of Douglas, 
shall be paid and delivered over by the scliool commission- 
ers of the counties of Coles and Champaign to the school 
commissioner of the said county of Douglas, as soon as he 
shall be elected and qualified. 

§ 11. The county court of said county of Douglas may county c«tHt. 
at any term of said court, by an order to be entered of 



1857. 74 , 

record, appoint some competent person a commissioner for ! 
the purpose hereinafter expressed, who shall take an oath 
of olHco before some person authorized by law to aiminis- : 
ter oaths ; said court shall at tlie same time provide a suf- j 

Wiut i-oyxs. ficient number of blanlc books and deliver t^ said commis- i 
sioner, who shall receipt for tJie same to the clerk of the i 
said county court. ; 

PPM3 tibsiran- ^12. As soou as Said books siiall be delivered to said i 
commissioner lie shall record m each a copy oi the oruer i 
of his anpointment and of his oath of oifice, and shall ; 
thereupon proceed to transcribe into such books all such 
deeds, mortgages aiid title papers o^ every description, 
with the certificates of acknowledgment thereto, of lands 
lying in the county of Douglas which have been recorded | 
or may hereafter, before the organization of said county of | 
Douglas, be recorded in tiie recorders' offices of said \ 
counties of Coles and Champaign; and there shall be al- [ 

ccmip»nsit;.%n. lowcd to Said commissioncr such sum as his services afore- i 
said are reasonably worth, to be paid out of the county \ 
treasury of tlie county of Douglas. i 

Commissioners § 13. Whcu said Commissioner shall have completed ; 

w .uiko returns, j^j^ ^york, he shall make return of said books to the clerk | 
of the circuit court of said county of Douglas, and they 
shall thereupon be taken and considered to all intents and i 
purposes as books of record of deeds, mortgages and title ; 
papers for the county of Douglas, and copies of said | 
papers certified by the officer having custody of said books, , 
shall be evidence in all courts and places, in the same man- I 
ner that copies of records are evidence in other cases and | 
with like elfect, , 

if-vjoritT not ^ 14. Jind be it further eixacted<i Thai in case a m^jor- 1 
'■'"'■'" "^' ity of ail the voters voting at the election provided for in : 
the second section in this act, in the county of Champaign, , 
shall not vote in favor of creating the said new county of j 
Douglas, and a majority of all the legal voters of Coles | 
county voting at said election shall vote in favor of such j 
new county, then and in that case the said new county of j 
Douglas shall be and the same is hereby created out of 

Co«^« count}-. that portion of Coles county mentioned and described in ! 
the first section of this act, and upon wiiich all that portion 
of this act in reference to the county of Clia:npaign shall j 
be of no efr«ict. I 

s-crrturyof ttate ^^ 15. The Secretary of slate shall forwlth furnish the 

"XiXI.'''^'" " clerks of the county court of the counties of Coles and j 
Cliampaign with a copy of this act, certified under the \ 
seal f)f state. 

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

Approved Feb. 13, 1857. • 



75 1857. 

AN ACT to locate ami establish a state road therein nainfd. Xn force Feb. 14, 

1807. 

Section 1. Be it enacted l.}j the people of the state of 
lllitum^ repre!iented in the General Jhsemhlij^ That John \ 
"Williams and John C Virden, of tiie county of Macoupin, commissionor* I 
and state of Illinois, and Morgan Campbell, of Sangamon i 
county, state of Illinois, be and tlie same are heieb}' ap- 
pointed commissioners to view, marlc and locate a state ' 
road from a point on the Virden and Taylorville state road 
at the centre corner, on the, east line of the northeast 

quarter of section niunber ten, in township number twelve * 

north, range No. six west of the third postmeridian, in Mn- ; 

coupin county ; thence east one-fourth of a mile ; thence i 

north one mile and one-fourth to the line between San- i 

gamon ahd Macoupin counties ; thence east on said line to ■ 

the southeast corner of Sangamon countV" ! 

§ 2. Said commissioners, or any two of them shall ° "oners ™'""™'*' 

meet at [the] town of Virden on the first Monday of ■ 

March next or at some early day thereafter, and shall .; 

take an oath before some justice of the peace of Macoupin ^ 
county, faithfully to perform the duties enjoined on them 

by tliis act, and after being so sworn, such commissioners, ' 

or any two of them, shall [-.roceed to view, survey, mark i 

and locate said road in the manner required bylaw for the \ 

location of public roads, on the most eligible route, having ! 

due regard vo private property. i 

5 3. Said ommissioners shall be required to return to P'-tre'imrdaud 

the clerks of t' e couijty courts ol the several counties - ■ 
through which said road shall pase;, on or before the first 

Monday in the mon'h of June next, a correct plat of the ^ 

survey of said road, which plat shall be filed in the office ,' 

of the several clerks aforesaid; and the county courts of ^ ', 

the several counties shall cause said road within their j 

counties to be opened and kept in repair as other public , 

roads, and the said road shall be deemed and considered a ' ; 
public highway. 

§ 4. The comrais^^ioners acting under tliis appointment How paid for. 

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 i 

of each county court, stating the length of time they and i 
others were employed in said county, and it shall be the duty 

of the county court to allow and pay said charges in the same • 

manner as allowed by law^ in locating j)ublic roads. ' 

§ 5. This act to take efFect from and after its passage. ' 

Approved Feb. 14, 1857. a 

1 



1857. 76 ; 

la fwce Feb. 16, AN ACT to locate a state road from Taylorville, in Christian county, to ] 
^^''- Mt. Pulaski, in Logan county. ; 

Section 1. Be it enacted by the people of the state oj 
Illinois, 7'epresented in the General Jisseinhhj, That Samuel j 

c<3nmis8ion«rsto §, Cisna and WilJiam Sharp, of Christian county, and Wil- j 
Ham Crane, of Sangamon county, be and they are hereby 
appointed commissioners to view, mark and locate a state i 
road from the town of Taylorville, \n Christian county, to 1 
Mt. Auburn, in said Christian county; from thence to Illi- 
opolisj in Sangamon county, and from thence to Mt. Pu- ■ 
laski, in Logan county. i 

Dotrof commis- ^ 2. The Said commissioners, or any two of tliem, shall j 
meet in the town of Taylorville, on tlie first Monday of | 
April next, or some day thereafter, ana before entering \ 
upon the duties assigned them by this act shall tak^ an i 
oath before some justice of the peare of the county of j 
Christian aforesaid, faithfully to discharge the duties re- ; 
quired of them by this act, and shall proceed to view, mark ! 
and locate said road four rods wide, on the nearest and ; 
most eligible route. j 

Pi m to be filed ^ 3, Upon such location beinsr made, the said commis- j 

with couaty .J r c \ \ \\ i ' 

eierk. sioners, or any two or them, shall cause to be made out \ 

and deliver to eacli of the county clerks of the several I 
counties through which the road shall run, a copy or plat | 
of said road; which plat shall be filed in their offices. j 

RoMio be opened § 4. The couuty courts shall cause said road, or so i 
much thereof as lies within their respective counties, to be ; 
opened and kept in repair, and said road is hereby declared , 
to be a state road. I 

Compensation et § 5. The couuty courts of Christian, Sangamon and ' 
buwpaid. Logan counties, each in proportion to the extent or said 
road runninof through their counties, shall allow said com- 
missioners two dollars for each day necessarily employed, 
the surveyor tvvo dollars and fifty cents for each day neces- ; 
sarily employed, and hands and others employed by said ' 
commissioners shall be allowed a reasonable compensation. \ 
The several accounts rendered against each county shall 
be certified by the commissioners, or a majority of them, j 
as correct. j 

§ 6. This act shall be deemed a public act and be in ! 
force from and after its passage. ^ 

Approved Feb. 16, 1857. 1 



77 1857. 

AN ACT to locate a stato road therein named. i" force Jan. is, 

1857. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assemhly ^ That Thomas 
R. Harris and E. H. Ricliards, of Macoupin county, and '^",^c?t5"°^""° 
Joseph Talkington, of Sangamon, be and they are hereby 
appointed commissioners to view, mark and locate a state 
road as follows, viz : commencing at the northwest corner 
of the southwest quarter of section number thirty, in town- 
ship number thirteen north, of range number seven west, Road 
in Morgan county; thence running east to the southwest 
corner of the northwest quarter of section number twenty- 
nine, in township number thirteen north, range number 
seven west, in Sangamon county ; thence south to the 
southeast corner of the northeast quarter of section num- 
ber seven, in township number twelve north, range num- 
bel' seven v/est, in Macoupin county ; thence west eighty 
rods ; thence south on or near the line or on the most eligi- 
ble ground so as to intersect the Cummington and Girard 
road. 

§ 2. The said commissioners, or any two of them, shall Commissionerft* 
meet in the town of Nev/ Hartford, or at the house of 
Thomas R. Harris, in Macoupin county, on the first Mon- 
day of April next, or some day thereafter, and before enter- 
ing upon the duties assigned them by this act shall take an • 
oath before some justice of the peace of the county of swo™. 
Macoupin aforesaid, faithfully to discharge the duties re- 
quired of them by this act, and sliall proceed to view, mark 
and locate said road four rods wide. 

§ 3. Upon such location being made, the said commission- Report. 
ers, or any two of them, shall make a report of the same to 
the county court? of Morgan, Sangamon and Macoupin 
counties aforesaid, and saii courts shall cause said road or 
so much thereof as lies within their respective counties, to Roadopenwi 
be opened and kept in repair, and said road is hereby de- 
clared to be a state road. 

§ 4. The counties of Morgan, Sangamon and PJacou- compenaatioa, 
pin shall allow said commissioners, their surveyors and 
assistants, a reasonable compensation for their services, in 
proportion to the extent of said road in said counties. 

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

Approved Feb. 13, 1857. 



how paid. 



1857. 78 

la force Feb- 11, AN ACT to vacate a certain state road in the counlv of Will. 



lSo7. 



Section 1. Be it enacted hy the. ])eople of the state of 
llti)wis, represented in the General jJsseinhli/^ That so much 

B««a vacated. of 3 Certain state road in the county ot Will, as runs diag- 
onally across the southeast quarter of section twenty-eight 
(28,) in townsiiip thirty- seven (37) north, of range ten 
(10) east of the 3d principal meridian, be and the same is 

Koi.oaicu. hereby vacated ; and the same is hereby relocated along 

the east and north lines of said quarter section : Pro- 
vided, that the entire width of said state road as hereby 
relocated shall be laid within tlie line of said quarter sec- 
tion, unless the owners of the land adjacent thereto, on the 

AEr.>i>mcnt to bi east and north sides, shall, bv a written release or aeree- 
ment, to be filed in the office of the town clrrk of said town, 
consent that one-half of such width may extend upon their 
lands respec ively. 

§ 5. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 11, 1857. 



to farce Feb. 7, AN ACT to locate a state road therein r.amed. 

Ib67. 

Section 1. Beit enacted hij the people of the state of 
Illinnis, represented in the General Ass emhhj, 'i hat Joseph 

cocimiMi.'uersio j^_ Levvis, William Jayne and Moses K. Anderson, bo and 
they are hereby appointed commissioners to view, mark 
and locate a state road from t'ne western termination of 
Jefferson street, in the city of Springfield, in the county of 
Sangamon, to the bridge across Spring creek on the Beards- 
town road. 

cwimission^rs c 3, The Said commissioners, or any two of them, shall 

I duly. before entering upon the duties assigned them by this act, 

take an oath br-fore some justice of the peace of Sangamon 
county, faithfully to discharge the duties required of them 
by this act, and shall proceed to viev/, mark and locate 
said road eighty feet wide on the nearest and most eligible 
route. 

^^>r^ § 3. iJpon v,nc\\ location being made, the said commis- 

sioner", or any two of tia^m, shall make a report of the same, 
accom})anied by a plat of said road, to the cotinty court of 
Sangamon county, and said ^-oad shall be thereupon opened 
by said commissioners, and kept in repair in the same man- 
ner that other state roads are. 

DMu^eN h'W § 4_ In estimatiii;,' and assessing damages for the right of 
way, .'■aid commissioners, or any two of them, shall be gov- 
erned by the provisions of the XCII cliapter of the Revised 



79 1857. 

Statutes of 1845, entitled "Right of Way." Tiie opening 
of said road shall not be delayed by or on account of any 
appeal which may be taken from the assessment of dani- 
ages under this act, but the said commissioners, or any two 
of tiiem, shall immediately proceed to open said road. 

§ 5. This act shall take effect and be in force from and 
after its ])assage. 

Approved Feb. 7, I8o7. 



AN' ACT to prevent the sale of spirituous liquorg ur:cl other articles cf i" f":<'^e April H. 
traffic at or near agricultural fair groumis. 

Section 1. Be if enacted by the peo]>le of the state of 
I/Iini)is^ represented in the General vS.^ a emhly^ That no per- 
son shall keep any shop, booth, tent, wagon or other car- spintu(ms..rftk- 
riage, vessel or boat, for the sale of spirituous or other f i»<i"^''f "^^ 
liquors, or any provisions, or any article of traffic what- t-ivc-Daway. 
ever, or sell, or expose to sale, give, barter, or otherwise 
dispose of, in or near any such shop, booth, tent, wagon, or 
other carriage, vessel or boat, or in any otiser v/ay or place, 
any spirituous or other liquors, or any provisions, or any 
article of traffic whatever, at or within the distance of two Distame frcm 
miles from the place wiiere any agricultural, horticultural ''^^r grouud. 
or meclianical society or people are collected, holding any 
agrijul:ural, horticaltura; or mechanical fair or public ex- 
hibition; nor shall any person witliin the distance aforesaid 
exhibit any shows or plays, unless the same shall have been suows or piay« 
duly authorized by the proper authority, previous to the prci'i''»tf<' 
commencement of such exhibition ; nor shall any ])erson, 
within the distance aforesaid, promote, aid or be engaged 
in any racing of animals, or in any gaming of any descrip- 
tion ; nor shall any person obstruct th.e free passage of any 
highway or traveled road within the distance aforesaid: Pro- proviso. 
vided^ that nothing in this act shall affect taverii keepers, 
distillers or others, exerci'^ing their calling at tl^eir usual, 
legitimate places of doing business, nor any person who 
shall have a written permit from the president of such agri- parent. 
cultural, mechanical or horticultural society to sell bread 
or otiier provisions for the supply of persons attending such 
fair or exhibition, their liorses or cattle, such persons con- 
forming to all regulations of said society and the laws of 
tiie state. 

§ 2. That any person who shall be guil*y of a breach p»iiauy f„r t„. 
of this act shall be notified by any one of the officers hereby '''**''^ 
authorised to make an arrest or seizure, or by any person, 
that he, she or they are violating the law, and if after such 



1857. 80 

notice any such person shall continue in such violation, he, 
she or they siiali ibrleit and pay for every such offence any 
sum not less than five nor more than fifty dollars to the 
society holding such fair or exhibition, to be recovered 

Court or jiuticc before any justice of the peace or court having jurisdiction 
uf peace. of the prosecution; and any judge of the circuit or county 

court, sheriff, coroner, justice of the peace or constable 
of the proper county shall, upon view or information, and 
without warrant, apprehend any person so offending, and 
seize such booth, tent, wagon or other carriage, vessel or 
boat, spirituous or other liquors and other articles of traffic, 
and convey the fame to a place of safe keeping, and take 
the said persons before any convenient justice of the peace 
having jurisdiction, together with an inventory of the things 
so seized, and the justice of the peace, upon complaint, or 

jBstice's dutj-. oath, or affirmation of any competent witness, shall issue 
his warrants, which the said officer or constable shall have 
authoiity to serve, and cause the said offender to be arrested, 
and proceed forthwith to inquire into the truth of ti;e 
accusation, and if found true shall enforce the penalty of 
this act. 

y^ae § 3. If the accused shall fail to pay such fine as said 

justice of the peace shall inflict, together with ail costs of 
proceedings, including the necessary expense of such 
seizure, the said justice of the peace shall forthwith issue 
an execution, commanding any constable of the county in 
which such inquiry shall be had, to make the said fine, 

nowuj.vic costs, necessary expenses, and costs of execution by sale 

of so much of the things so seized and of so much of the 
other property of the accused as shall be necessary there- 
for, and to make return thereof in ten days thereafter, and 

overp'.no. the ovcrplus of the things so seized as aforesaid, after the 

satisfaction of said execution, shall be delivered to the de- 
fendant, on demand. 

Doty of r.mccr.^. § 4. In case the ofiicer to whom said execution shall be 
delivered shall be unable to find sufficient property of such 
defendant to satisfy such execution, such agricultural or 
other society, upon affidavit of any of its officers, shall be 

ca.ta. entitled to a ca. .9a. against the body of the defendant as in 

other cases. The defendant in any suit under this act shall 
have the right of trial by jury as in other cases under the 
laws of this state. 

§ 5. This act is hereby declared a public act. 
Approved Feb. 13, 1857. 



81 1857 

AN ACT to lorate a stale road therein inentioiied. in force .r:in. 20. 

1357. 

SjpcTioN 1. Be it enacted by the people of the .'state of 
Illinois, represented inthe General *j^ssemhhj, That James 
Woods and Joseph Smith, of Adams county, and IMoses commissioners 
Decker, jr., of Pike county, be and they are hereby ap- Bw-imcd. iheir 
pointed commissioners to view, mark out and locate a 
state road, of the usual width, commencing at or near the 
southeast corner of Beverly township, in the county of 
Adams, at or near a point where the main Quincy and 
Griggsville road crosses the line between Adarns and Pike 
counties, running thence due west on or as near th.e county 
line between said counties as may be practicable for the 
favorable construction of such road, to terminate at or near 
tbe east end of the Snycarty plank road, in Pike county. 

§ 2. The said commissioners s-hall meet at the dwelling CcmmisMcnerc 
house of James Woods, on or before the first Monday of tik-durv! *"*" 
April next, or so soon thereafter as may be practicable, 
for the performance of the duty herein assigned them, and 
shall be and are hereby empowered to employ a surveyor 
and such chainmen and axemen as may be necessary for 
the location of said road, who shall perform the duty re- 
quired of them by sai 1 commissioners, and shall receive 
such compensation or per diem allowance as said commis- 
sioners shall certify they are justly entitled to. 

§ 3. Said surveyor shall make out a correct plat or piat recorded. 
survey of said road, a tiue copy of which, duly certified 
by him, shall b.e filed by said commissioners, together with 
a report of their action in the premises, with the clerks of 
the county courts of the counties of Adams and Pike, who 
shall enter the same of record in their respective offices ; 
after which said road, or as soon thereafter as said com- 
missioners shall open the same, shall be worked and kept 
in repair as other state roads. 

* § 4. Said commissioners are hereby vested with full commiesioner* 
power and authority to do all acts and things necessary to ^°^^'^^'"^^- 
open said road in conformity to this act, and when opened 
the same shall not be altered or changed by the board of 
supervisors or road commissioners of either of the counties 
of Adams or Pike. 

§ 5. Should any damages be claimed by any person or csm.ng.s, h.xT 
persons in consequeqce of said road passing over his, her "''*"' 
or their land or premises, the samie sliall be assessed and 
paid in the manner provided by law : Provided., that after 
the assessment of said damages, the opening of said road 
shall not be hindred or delayed. 

5 6. The damages arising out of or by reason of Paid P"" -<?s t^. be 

1 • 1 1 -i I 1 • il X ^•T»i 1 11 paid by coonlie* 

road passuig over lands situated in the county ot Pike shall respectively. 
be paid out of the county treasury of said county, upon 
the order of the board of supervisors thereof, and the dam- 
—6 



18o7 






82 

acres arising out of or by reason of said road passing over 
lanJs situated in the county of Adams shall be paid out of 
the county treasury tliereof, upon the order of the board of 
supervisors of said county. 

§ 7. Said commissioners shall receive as a compensa- 
tion for their services tlireo dollars per day, which shall 
be equally paid out of the county treasuries of the coun- 
ties of Adams and Pike, together with the amount which 
they may certify to be due to such person or persons as they 
may employ in or about the location, survey or opening of 
said road, it being tiie true intent and meaning of this act 
lliat eacli of said counties shall pay one-half of the expenses 
arising from or out of the location, surveying, opening 
and establishment of said road. 

§ 8. Tais act to take effect and be in force from and 
af:er its passage. 

Approveo Jan. 29, 1857. 



a, lSo7. 



AX ACT to legalize certain roads in certain towns therein named. 



Sectiox 1. Be it enacted by the people of the state of 

IllinuiHy repr<:^ented in the General Assemhly^ That all 

o^ctain roadi '1^- foads in the townships of Belvidere and Flora, county of 

daredhisb-.varsg^^^^^ and State of Illinois, surveyed, located, platted by 
and under the direction of the highway commissioners of said 
townships, in the year eighteen hundred and fifty-six, are 
hereby declared public highways. 

Rrcoyd ^^) b» § 2. And that t!is record kept in the office of the clerks 

"''"'"" of said towns shall be evidence of the locations and estab- 

lishing of said roads or highways in all courts having juris- 
diction of subject matters that may zX any time or in any 
manner arise in reference to the said highways. 

Boofls vacated. § 3. And that all Toads and parts of Toads, iu Said towHS, 
heretofore declared vacated by said commissioners, be and 
the same are hereby vacated. 

Mayjwrci.cated. ^ 4. And that said roads established by this act shali 
be <?uSject to alterations, relocations and vacations, by the 
highway commissioners of said towns, as other roads now 
are or may hereafter be. 

§ 5. This act to take effect from and after its passage. 
Approved Feb. 5, 1857. 



83 1857 

AN ACT to review and reopen a certain state road therein named. in force Peb. 31, 

1857. 

Section 1. Be it, enacted by the people nf the state of 
lllinoU^ represented in the General ^^ssemblij^ That Wil- 
liam H. Hawkins Greorge F. Buck and George McColIum, commissioner. 
of the county of Kane, are liereby appointed commission- 
ers to review, relocate and establish a part of the state 
road leading from the town of Aurora, in said county, to 
Sycamore, in DeKalb county, beginning at the west end 
of Main street, in the town of Aurora, on the east bank of Aurora 
Fox river ; thence westerly across Fox river to the east 
end of Galena street, at or near the Fox River House, in 
West Aurora ; thence v/esterly to the west line of Kane Kanecounty 
county. The said- commissioners, or a majority of them, 
shall meet at the town of Aurora, on the first Monday of 
April next, or as soon thereafter as may be, and after be- 
ing sworn before some officer authorized to administer commissioners 
oatlis faithfully and impartially to perform the duties re- 
quired ot them by this- act, shall proceed to view and re- 
locate the said road from the points described in this act. 

§ 2. The said commissionars shall cause the said road survey an^i cu 
to be surveyed and [a] plat thereof made, and file said ^''"'" 
plat in tlie oifice of the county clerk for tlie county of 
Kane. As soon as said survey and plat shall iiave been filed 
as aforesaid, it shall be the duty of the said clerk to notify the cierk's duty 
commissioners of highways of the several townships through 
which said road shall run; and the said commissioners of 
highways shall cause tiie said road to be opened four rods 
wide and be kept in repair as other public roads. 

§ 3. If any person, over whose land said road shall Damages. 
run, shall claim damages, it shall be the duty of said com- 
missioners, when making their viev/ and relocation, to as- 
sess such damage 3 and report the same to the clerk of the 
county court of said county of Kane ; and it shall be the 
duty of the board of supervisors of the said county to 
cause said damages to be paid out of the county treasury now paid 
of said county : Provided, in assessing such damages the 
said commissioners shall take into considaration the advan- 
tages sucli owner or owners of such land may derive from 
the relocating of such road : Provided further, that no proviso. 
person shall be entitled to any damages in consequence of 
the nonuse of said road or any part thereof. 

§ 4. Any person feeling themselves aggrieved in consc- Appeal. 
quence of tiie damages, shall have a right to take an ap- 
peal to the circuit court for tlie county of Kane, if appli- 
cation for such appeal be made within twenty days from 
the filing of the report of the commissioners al'oresaid wifii 
the clerk of said county court, and also by filing a bond, 
to be approved by said cleric, conditioned to pay £.11 costs 
in such appeal, in case such damages shall not be increased 
on the trial of said appeal. 



1857 84 



fcuw paid. 



§ 5. The board of supervisors of the county of Kane 
shall make a fair and reasonable allowance to the commis- 
sioners and every person employed by them in surveying, 
platting and relocating said road, to be paid out of the 
county treasury of said county. 
^.•«5 repcnud. ^ (j. All acts and parts of acts coming within the pur- 

view or in conflict with this act are hereby repealed. 

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

Approved Feb. 13, 1857. 



\9 faroe Feh. 13, AN ACT to aincnJ the laws in relation to the public inslitutions at Jack- 
sonville. 

Section 1. Be it enacted brj the people of the state of 
L'/inois, represented in ttie General »dsseinbli/^ That the 

in.aiie, cnirbfT numbcr of trustees of the Illinois State Hospital for the In- 
sane is hereby reduced to six, of whom no two shall be res- 
idents of the same county. The trustees hereafter ap- 
I'ointed, whether to fill vacancies or otherwise, shall be 

Twociasses. divided into two classes of three in each; those composing 
the first class shall be appointed for four years, and those 
compo'sing the second class shall be appointed for two 
yeais; and the successors in each class shall be appointed 
for four years. 

neaf »nd inrnh, § 2. The numbcr of directors of the Illinois Institution 
To"".*'''"*""'^ for the Education of the Deaf and Dumb are liereby re- 
duced to six, exclusive of the principal, w!]0 shall, ex- 
officio^ c :)ntinue to be a member of said board. The said 

Two !ar««>». directors shall be divided into two classes of three in each; 
those composing the first class shall be appointed for four, 
and those of the second class shall be appointed for two 
years; and the successors in each class shall be appointed 
for four years, no two of whom sliall be residents of the 
same county. 

m.nd irn!.uo«, § 3. The trustees of the Illinois Institution for the Ed- 
ucation cf tlie Blind shall be divided into two classes, of 
three in the first and two in the second class; those com- 
posing the first class shall be a})pointed for four years, and 
those composing the second class shall be appointed for two 
years; and the successors in each class shall be appointed 
for four 3 ears. No two of said trustees shall be residenti 
of the same county. 

B«^«n».., h'lr § 4. The said trustees and directors shall each b^ paid 

'*"'■ his traveling and personal expenses going to and returning 

from meetings of said board ; payments to be made out of 
the funds of said institution, on order of the board, respec- 
livily. 



85 1857 

$ 5, No member of either of said boards sliall be em- ^«nibers et 

11 • 1 • rt» 1 I > b":ird3 not t« 

ployed or appointed in or to any office or place under the hoia other ome«. 
authority of the board of which lie is a member ; nor shall ■ 
any member of said board be directly or indirectly inter- 
ested in any contract to be made by said board for any 
purpose whatever. 

§ 6. Tlje office of steward, in each of said institutions, ^1]''|'. .'J',^'^'^'"''* 
is hereby abolished ; and the duties of that office shall be 
discharged by clerks to be employed by said respective 
boards, on the recommendations of the principal thereof: 
Provided, that no such clerk shall be employed unless, in 
the opinion of the board, the business of the institution 
requires the same. 

§ 7. The accounts of each of said institutions shall be AMountd, iu,n 
so kept and reported as to show the kind, quantity, cost 
and of whom bought, every article purchased for the use 
thereof. 

§ S. The biennial reports required to be made to the Repoiia, uow 
legislature by the trustees and directors of said institu- '^'''^'*'"'^ • 
tions shall be prepared and printed, under the direction of 
the board, r.espectively so as to furnish printed copies thereof 
to the governor ten days before each regular session of the 
general assembly, and to furnish twenty-five copies to each Ko.ofcopifr*. 
member of the general assembly during the first week of the 
session. 

§ 9. Appropriations made to or for the said institutions Appropnaticnn, 
shall always be payable upon orders of the respective ""^^ ''''^'' 
boards, on their accounting for money previously received, 
as now required by law. 

§ 10. In all cases where the parents of pupils sent to ''«orii:pii«. 
the institution for the education of the deaf and dumb, 
and the education of the blind, are too poor to furnish them 
with good artd sufficient clothing, or where said pupils are 
without parents and unable to furnish themselves with such 
clothing, the judge of the county court of the county from new providtd 
which they are sent shall certify the same to the principal, ^"'°" *"*• 
who shall procure such necessary clothing and charge the 
same to said county, and present the account, with the 
vouchers, to the auditor of public accounts, who thereapon 
shall drav/ upon the county treasurer for the amount so 
charged to the county ; and the said county shall annuallj^ nowyaidi-.r. 
assess and collect by tax the amount necessary to paj^ 
said order or orders ; and if said county shall fail so to do 
the circuit court in said county shall, on application there- 
for, compel the same by mandamus. 

§ 11. All laws and parts of laws inconsistent with this 
act are hereby repealed. 

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

Approved Feb. 13, 1857. 



1857. 86 

^ ^'"^5.J"*'- ^®' AN ACT to provide for layinsr out and establishing a certain state rocd 
^^^' in the county of Kendall. 

Section 1. Be if eji acted hy the people of the state of 
Illinois^ rcpi'csejited in the Genei'al JJssembly, That Lewis 

e«i>niissior,eT,. Steward, Levi G. Gorton and Reuben Hunt be and they 
are hereby aj^pointed commissioners, and they or a major- 

•worn. ity of them, alter having subscribed an oatli before some 

justice of the peace or other person authorized by law to 
administer an oath, fiithfully to perform the duties required 
of them by t!iis act, are hereby authorized and required 

Tifwani !.vate. before the 1st day of September next, to proceed together 
and view, locate, stake, survey and establish a state road, 

«oniity cf Em- commencing at tiie west end of th.e bridge across Fox river, 

at Osage, in the county of Kendall; and thence running 

along or near to the established line between the lands of 

Charles Roberts and those formerl) owned by Samuel Rob- 

■ erts, on the nearest practicable line, to Bristol station, on 

Haring due re- the Cliicago, Burliugtou and Quincy railroad, having due 

fogs&c!^ ^"^'*^" regard to the fitness of the ground, and avoiding all 

orchards, gardens, buildings, or door yards on the route, 

To-wn of riano. with authority to extend said road to the village of Piano, 
in said county, if they shall find that the public convenience 
and the iniiabitants of said village require it. 

Rxpenses, hew § 2. Foi the scrvices rendered under this act each of 
^*"^- said commissioneis shall be entitled to one dollar and a 

half per day ; the surveyor two dollars per day, and every 
other person emj)lo)ed by said commissioners, under this 
act, one dollar per day for each entire day by him employ- 
ed under this act, and for all fractions of a day at a similar 
rate. 

Commission's § 3. The Said commissioiicrs shall have authority to 

to employ Rnr- , 11,1 1 

Teyor and keei. employ 8 surveyoT and such other persons as may be ne- 
account. ccssary for the locating and establisliing of said road; they 

shall also keep an accuraie account of the time employed 
by each person engaged 'u\ the location and establishing of 
said road, which shall he certified to by said commission- 
fii<.! With clerk, ers. Under their hands, an'l returned and filed with the clerk 
of the county court of said county, who shall issue certifi- 
cates to the several . persons for the amounts due to 
them respectively. 
c«ir.rni"ionerB § 4. Said coniinissioners, after having established said 
ladoUier^rapVrH road, phall rep(j: I tlieir j)roceedings, accomj-anied by aplat 
tobcuicd. gj^j] survey c' said road, to the board of supervisors of 
said coiurj,, and shall file the same with the clerk of the 
countv (ourt of said county, together with all releases, 
agpf .rients or as^e-!sm»'nts of daina<];es ; and which report 
i.iity cf curk shall be duly recorded by said cleik; and which re|)ort or 
tli* record or certified copy thereof shall at all times and in all 
places be held as evidence of the ])roper establishment of 
said road under this act. 



87 1857 

§ 5. The said commissi iners, before | roceecling to lo- ^^^ t'f l^j.^r^g'^r 
cate and establish said road over ary lands, siiall give no- iai.d,>c. 
tice to the owner or peison in possession tlitreof, it' the 
owner thereof shall be known, or liie premises shall be oc- 
cupied ; which notice may be personal or by letter mailed 
to said owner to his proper post office address, when last 
heard from. And if the owner of any such premises or tlie 
guardian of any minor owner or duly autliorized agent shall 
appear and claim damages, the said commissioneis shall uaiuage*. 
agree with them as to the amount of the same j but if said 
owne rs shall not appear or release their damages, or said 
commissioners cannot agree with them as to the amount of 
damages, the said comuiissioners shall assess the same ; 
and in all such assessments ti.ey shail only assess the nowaE«€FB.c. 
amount of damages which they shall find that the owner 
tliereof shall sustain by the establishing and construction 
of said road over said premises, after deducting the bene- 
fits arising to such owner from tiie construclion of said 
road. 

§ 6. All releases or assessments of damages or all agree-. Releases &c., k- 
raents in relation thereto shaj] be reduced to writing and ins^.r.a*fi s^" ~ 
returned and filed in the office of the clerk of tlie county 
court ; and any party who may consider himself aggrieved 
by any assessment of dan. ages may appeal to the circuit ^^'^"-^^ 
court of said county at any tirae within twenty days after 
the filing the same with the clerk of the county court, upoa ^■'t^'^ S'^'"''- 
filing with said clerk a bond to the board of supervisors of 
said county, in a sufficient sum lo cover all costs, with se- 
curity, to be approved by the clerk of said county court, 
and conditioned for the payment of all costs in said cause, 
in case said appeal shall not be sustained by the circuit Tiiai by circo:; 

i i •' court 

court. In the trial of said appeal the only question which 
shall be entertained and tried by said court shall be the Qmstioo 
sufficiency of damages ; and upon trial the court shall ren- 
der judgment for such amount as shall be found due; but 
if the amount of damages shall not be increased the person Damages. 
appealing shall pay all costs ; and in all cases of aj)peal 
the clerk of the county court, upon presentation of the 
certificate of the clerk of the circuit court of said county, ccnincate. 
of the amount of damages so found due in said cause, shall 
issue an order to the party entitled thereto; and in all other 
cases the said clerk of the county court, after the expira- 
tion of twenty days from the filing of such assessments and 
agreements, shall issue a ceitificate for the amount due to 
the respective persons by said assessments or agreements, 
which shall be paid by the county treasurer as in other crwty »rMfONr 

* •' -^ to i':iy. 

cases. 

§ 7. It shall be the duty of the highway commissioners itoaduibe opic- 
and overseers of highways having charge and jurisdiction 
over said road to cause the same, within their respective 
districts, to be opened and worked as other highways. 



1857. 88 

§ 8. This act shall take efiect and be in force from and 
after its passage. 

Approved Feb. 16, 1857, 



'" •■^YsiV " ^'"' "^' --"^^ -° ri^locate a part of the state road leading from Shelby- 
villc.i'.i Shelby county, to Danvillej in Vermilion county. 

'».';=■; '.'^ ■i*';!^,^!? WiiEREAs it is represented to the general assembly that a 
plat and survey of all tiiat part of the state road leading 
from Shelby viile. in Siielby county, to Danville, in Ver- 
milion county, located under an act entitled "An act to lo- 
cate a state road from Shelbyville, in Shelby county^ to 
Danville, in Vermilion county," has never been filed in 
the clerk's office of tiie county commissioners court of Ed- 
gar county, through which said road runs, in pursuance of 
said act, or if filed has been lost and cannot now be found; 
si'^connty^s- Section 1. Be it eiiacttd by the -people oj the state (f 
libiuhed. Illinois^ represented in the General Assembly^ That so 

much of said road as runs through the county of Edgar be 
established and located as now traveled, and that the coun- 
..Kriuty*"'^^^' ty surveyor of said county of Edgar shall cause a true and 
accurate map and survey of all that portion of said road 
in said county to be made out and deposited in the clerk's of- 
fice of the county court of said county of Edgar, and that 
the same be made a record of said court. 
^'l^^*^' ^"" § 2* The said county surveyor, with the chain carriers 
and such other assistants as he may require, shall be paid 
for their services under this act, out of the county treasury 
of said county of Edgar, such sum as may be deemed just 
and equitable by the proper authorities of said county. 
Tiiis act to take effect and be in force from and after 
its passage. 

Approved Feb. 16, 1857. 



In f<»rce F.-I'. I", AN ACT to vacate part of a state road therein named. 

1867. 

[Section 1.] Be it enacted by the people of the state o/" 
Illinois, represented in the General Jlssembly ^ That so 
*^"* *■* * -'•• much of a state road from Enterprise, in La Salle county, 
to Knoxville, in Knox county, laid out under an act in force 
March 2d, eighteen hundred and thirty-seven, as lies in 
township No. fifteen north, range eight east of the fourth 
principal meridian, known as Indian town, in Bureau coun- 
ty, be and the same is hereby vacated ; and so much of 
Aoiipiwak-d. saij act as authorized the laying out of a state road in In- 
dian town (15 N., R. 8 E. 4 P. M.) is hereby repealed. 

This act to take effect and be in force from and after its 
pasage. 

Approved J'eb. 13, 1857. 



89 1857. 

AN ACT to enable the auJitor to sell certain stale lands. ^u force Feb. n, 

1857. 

Section 1. Be it enacted by the feojjle of the state of 
Illinois^ I'ejjresiented in the General Jlsseiidjhj^ Tliat the 
auditor of public accounts be and he is hereby authorized Auditor to to,\\ 
and required to sell to Godfrey Lambert the east half of 
the southwest quarter of section tliirty-two, in township 
thirty north, range twelve west \ to Jacob Shuck the south- 
west quarter of the southwest quarter of section seven, in 
township twenty-six north, range twelve^ v/est, and to 
Jerome Lebounte the northwest qr. southeast qr. sec. eight, 
in township twenty-eight nortli, range thirteen west ; all 
of the second principal meridian line. 

§ 2. Upon the payment of the amount for each of the issue ceruntiiie. 
aforesaid tracts, at the rate of three dollars and fifty cents 
per acre, the auditor shall issue his certificate to tl e per- 
son so paying, which shall entitle him to a patent for the 
land therein described : Provided, that such payment be 
made within sixty days from the passage of this act. This 
act to be in force from and after its passage. 
Approved Feb. 13, 1857. 



AN ACT to vacate a part of a certain Btate road leading from Peru, in la force Feb. u. 
La Salle count}^, to Grand De Tour, in- Ogle count5^ 1S57. 

Section 1. Be it enacted by the "people of the state of 
Illinois, represented in the GencralJissetnbly, That so much 
of a certain state road leading from Peru, in La Salle vacated, 
county, to Grand De Tour, in Ogle county, as lies within 
the following limits, to wit : beginning at the point of inter- 
section of said road with the Chicago and Dixon road, on 
the north side of Inlet Grove, in Lee county ; thence north- 
westwardly to the point wiiere said road intersects an east 
and west road leading to Dixon, and laid on the section 
line on the north side of section number fourteen, in town- 
ship number twenty-one, of range number ten east of the 
fourth principal meridian, be and the same is hereby va- 
cated. 

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

Approved Feb. 14, 1857. 



1857. 



90 



Lb forw Feb. n, AX ACT to amend 

1657. 



town of Heii- 



Tmitees of town 
to enJuT .iU '.he 
righU and be 
•object 10 all 
Uabiliiies. 



Provision of 4M 
chapter of the 
Revised Stat- 
otes to be com- 
plied with. 



Rated '-t ferriage 



Jsriediction of 
highways piv- 
co to the town 
•I Heauppiu. 



Aat rt|><?ale<l. 



.. .^^ M ^^, ......... An act to create and orfanfee tlie counties therein 

natneil." approved Jan. 15, 1J<31, and also to amend an act entitled "An 
act to confirm certain t>rrv jTiviiei^os to the county of Bureau," ap- 
proved Feb'y 3d, 1843. 

Section 1. Be it enacted brj the people of the state of 
Illinois^ represented in the General %.lssc7nblij, Tliat the 
ferrj- francliises in township 15 north, range number 10 
east of the 4th principal meridian, in the town of Leeper- 
town, in the county of Bureau, which have heretofore been 
granted to the county of Bureau, and in the town of Hen- 
nepin, and heretofore granted to tlie county of Putnam, be 
and ihe same are iiereby declared to be vested in tlie cor- 
poration of the town oi Hennepin. 

§ 2. That tlie trustees of the town of Hennepin shall 
possess and enjoy all the ferry boats, skiffs and other 
property pertaining to said ferry, and siiall be entitled to 
all the rights, privileges and immunities, and to prosecute 
all causes of action, and shall pay all the obligations and 
answer for all the liabiliues which n )w belong to or are 
imposed upon said counties or either of them for or on 
account of said ferries, or the acts herein named: Pro- 
vided, that the consent of the board of supervisors of said 
counties respectively shall be obtained thereto. 

§ 3. But said trustees shall keep or cause to be kept a 
good and suitable ferry across the Illinois river at the said 
town of Hennepin, and the kecjier or keepers of said ferry 
shall have all the rights and incur all the liabilities which 
are granted to or imposed on every keeper of a f^rry by 
the provisions of the forty- second chapter of the Revised 
Statutes. 

§ 4. The rate of ferriage for crossing said ferry shall be 
fixed by an ordinance of said trustees : Provided^ that no 
higher rates shall at any time be charged than those now 
established. 

§ 5. That the said county of Bureau and the town of 
Leepertown are hereby released from all liabilities to repair 
and maintain the highway now constructed and traveled 
from wh» re the bridge crosses tl e Bureau creek, near the 
"Bureau Valley Mills," to the Illinois river, at Ml. Henne- 
pin, and exclusive jurisdiction of said highway is hereby 
granted to the town of Hennepin : Provided, that nothing 
in this act shall affect the rifrhts of.the lessees of said Put- 
nam and Bureau counties : */lnd provided, that the legis- 
lature may at any time hereafter alter, amend or repeal 
any of the foregoing j)ro\isions. 

§ 6. All acts and parts of acts conflicting with the pro- 
visions of tlii'5 act are hereby repealed. 

§ 7. This act shall be enforced from and after its pas- 
sage. 

Approved Feb. 17, 1857. 



91 1857. 

AN ACT to cnaJile (he aiulilor of public accoimfg to srttlo and adjust the infurco Feb u, 
accouiita of Thomas M. Wuito with his secuiilios. '^"^ 

Section 1. Be it enacted hy the 'people of the state of 
Illinois, represented in the General Assembly^ Tliat the 
auditor of public accounts be and he is hereby autliorized Auditor to adjuit 
and required to settle and adjust the accounts of Thomas 
M. White, a former collector of revenue of the county of 
MoHenry, with the securities of said White ; and upon the 
payment by the said securities of the entire amount of prin- 
cipal of the debt against said White, as sucli collector, that 
all interest and damages on account of the delay in such 
payment be and the same is hereby remitted and released 
as against siich securities : and if, on such settlement, it 
should appear that any of such damages or interest has 
been collected of said securities, either by the sale of 
property or otherwise, that he refund the same by warrant 
on the treasurer. 

§ 2. This act shall apply to such only of said securities sccnriuep wuo 
who shall aid or who have aided in the payment of the •"'^^'*^ p^»*^ 
debts and interest aforesaid, in proportion to the amounts 
paid by them 

§ 3. This act shall not be so construed as to release the white noi r«- 
said Thomas M. White from the full amount of principal, ''''='=''• 
interest and damages, but the same shall stand good and 
valid and may be collected of and from him the same as 
though this act had not been passed. 

§ 4. This act shall take efiect and be in force from and 
after its passage. 

Approved Feb. 16, 1857. 



AN ACT for the relocation of the county seat of Mercer county. in force Apni so, 

1867. 

Section 1. Be it enacted by the people oj the state of 
Illinois, represented in the General Jissembly, That an 
election shall be held in the the several townships, at the Election hcui . 
usual places of holding elections, in the county of Mercer, 
on the first Monday in the month of August i.ext ensuing; 
at which election the legal voters of said county shall vote y^,,<j ^^ ^ 
for and against the removal of the seat of justice of said aguicst. 
county from the town of Keithsburg to the town of Aledo. 

§ 2. Tlie judges and clerks of elections in said county Election, -ow 
shall attend on the day of said election and conduct the '■■^"^"^■<*'' 
same according to law, and shall make returns thereof to 
the county clerk in the same manner as they are now re- 
qiiired to be made at general elections. 



1857 92 

»»tarn3, how § 3. Wlien llic retums are made to the county clerk 

"*'*' the same shall be opened and counted as other returns are 

required by law to be opened and counted ; and the said 

clerk shall spread tlie final certificate thereof at large on 

me.k'i July. the records of tlie county court and forward a copy thereof 
to tlie secretary of state. If itsliall appear tliat a majority 
of the voters of said county, at said election, arc in favor 

AiedJ of the removal of said seat of justice to Aledo, then Aledo 

shall be and remain the permanent seat of justice of said 

Prj.iw county : Provided, that if the number of votes cast at said 

election sliall be less tlian the number at the last general 
election, cast in said county, tlien a majority in favor of 
such removal shall be deemed to mean a majority of the 
number of votes cast at said general election. 

Noiicesi^cn § 4. The couuty clerk shall issue notices of said elec- 

tion at least thirty-five days before said election, and de- 
liver the same to the slieriff of said county, who sliali 
within ten days thereafter post up tiie same at three of the 
most public places in each township or election district in 
said county. 

In Mi<e vote for § 6. lu casc tlic election herein authorized shall be de- 

U4UJV.!. cided in favor of removing the said seat of justice to Aledo, 

it shall be the duty of the board of supervisors, at their 

next meeting, after said election, or as soon tliereafter as 

6o«niy hniidiDgs may be, to erect or j)rocure suitable buildings for the pub- 
lo be erected, jj^ officers of thc couuty, and also a suitable place for hold- 
ing courts in Aledo ; and wlien such buildings are erected 
or procured the officers, records and furniture of said 

notnoTfti county shall be removed to Aledo, and the circuit and 

county courts shall be held there. 

F-f«)'-o*. B of eico § 6. The election herein authorized shall not be held 
M«n, ..wi,ai •yjjij.gg ^),g proprietors of said town of Aledo shall at least 
forty days before the time fixed for said election pay into 
the county treasury of said county such sum of money as 
shall in tlie opinion of the treasurer or county clerk be 
necessary to defray all the expenses of said election; and 
the same shall be by said treasurer receipted for to said 
proprietors, and such payment immediately certified to the 
county clerk; and on such payment notices shall be issued 
and given and said election held as provided by thi? act. 
Ai'PRovKu Feb. 14, 1857. 



93 1857 

AN ACT to reimburse Tlich:xril M. Yn'ui};for moneys ailvancod and losses In f.iw/eb. 14, 
sustained as afjent of (he state of Tllinois for the negotiation and sale of *^'^- 

Illinois and MicUig-an c^al bonds and the payment of i^lTCst on canal 
bonds, in the yea^s 1839 and 1840. 

Section 1. Be it enaeted by the people of the state of 
Illinois, represented in the General J^ssembly, That the 
sum of twenty-five hundred dollars be and is hereby appro- t-.b m. vcuag 
priated to Richard M. Young, as principal, for moneys ad- f- • '"^"^ '• *<= 
vahced and losses sustained by him in paying interest on 
Illinois and Michigan canal bonds, in the city of New York, 
in the year 1840 : Provided, the amount herein allowed 
shall be taken as a full compensation for all demands of the 
said R. M. Young against the state of Illinois. 

§ 2. That the auditor of public accounts be and he is Auiuor lo (imw 
hereby authorized to draw his warrant upon the treasurer ''-'"""' 
for the above amount, to be paid out of any money in the 
treasury, or which may be hereafter received, and not 
otherwise appropriated. 

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

Approved Feb. 11, 1857. 



AM ACT to create the county of Holmes and for other purposes therein m force Jan. \t^ 

named. i85t. 

Section 1. Be it enacted, by the people of the state of 
Illinois, represented in the Gmeral Jissembly, That all 
tliat portion of Champaign and Vermilion counties lying B<.Tindariot 
within the following boundaries, and described as follows, 
to wit : beginning at the northeast corner of township 
twenty-three (23) north, range fourteen ( 14) v/est, and 
running thence west on the north line of Vermilion county 
to the northeast corner of township twenty-three (23,) 
range nine (9) east; thence north to the northeast corner 
of section twenty-four, township twenty-five (25) north, 
range nine east ; from thence went to the northwest cor- 
ner of section nineteen ( 19,) in township twenty-five (25) 
north, range seven east; running thence south on the west 
line of Vermilion and Champaign counties to the southwest 
corner of township twenty-two (22) north, range seven (7) 
east; from thence east on the township line between 
townships twenty-one and twenty-two to tlie southeast cor- 
ner of townsliip twenty- two (22) north, range forteen (14) 
west; and from thence north to tlie place of beginiiing ; 
including, also, all that portion of Vermilion county lying 
north of the boundaries hereinbefore described and being 



1857. 9^ 

within ranqe nine (9) east of the third principal meridian, 
be and the same is hereby created into a new countyj to 

Proviso be ca led the county of Hohnes : Provided^ that a majority 

of all the legal voters of the said counties of Champaign 
and Vermilion, voting ■' n the question, shall vote for the 
same, at an election to be held in manner hereinafter pre- 
scribed. 

XMouon. § 2. The qualified voters of said counties of Champaign 

and Vermilion may, at a special election, to be held in the 
several town? or precincts in said counties on the first 
Tuesday in April next, vote for or against the creation of 
said new county of Holmes, by ballot, upon which shall be 
written or printed or partly written and partly printed the 
words "for the new county" or "against the new county." 

Notiw. § 3. The clerks of the county courts of the counties of 

Champaign and Vermilion shall give notice of said election 
in the several election districts of said counties in the same 
manner as notices of general or special elections are given 
in counties which have not adopted township organization 

jii4?e'8 ani a3 nearly as may be ; and the judges and clerks of election 
eitrt'* duty. .^ ^j^^ several election districts of said counties of Cham- 
paign and Vermilion shall keep a list of the votes polled at 
said election and conduct the same in all respects, and 
make return thereof to the clerks of the county courts of 
their respective counties in the same manner as is provided 
by law for general elections. Vacancies in the board of 
election shall be filled in the same manner as is provided 
by law in other cases. The said clerks of said county 
courts shall v/ithin seven days after said election proceed 
to canvass the returns of said election in the same manner 
as in freneral elections. The clerk of the county court of 

aetnm8,to w: om Champaign county shall make return of the votes of said 
"'^' county to Richard Claypool and Michael Hoffman, citizens of 

said county ; and the clerk of the county court of Vermilion 
county shall make return of the votes of said county of 
Vermilion to Richard Bryan and Gideon Camp, of said 
county, in each case within six days after the same have 
been canvassed, and each of said clfrks shall also within 
ten days m-ike return of said votes to the secretary of state, 
Jlitdbe it f\ir liter rnadcd^ that in case a majority of all the 

rotrmin chn:n- legal votcrs of Champaign county, voting at the election 

ti'onor.'"'' '"" in the seconrl section in this act provided for, shall not vote 

in favor of the new county of Holme:!, and a majority of 

vcnniiion ro-n- all the Ifgal voters of Vermilion county, voting at said 
tjri-oungr.r. ^,i,_.ction, fliall br; in favor of said new county, then and in 
that ca?c the said county of Holmes sliall be and the same 
is hereby erected out of all that portion of Vermilion county 
m(M)tioncd and described in the first section of thi? actj 
when and in which ca.^e all that j)ortion of this act which 
relates to the county of Champaign shall be of no efTect, 



95 1857. 

and all duties required by this act of the clerk of the nu*y or (r.uni» 
county court of Ciiainpaign county, or any officer of said '^''^'^''" 
county, shall be performed by the clerk of the county couit 
of Vermilion county or other proper officer of said county. 

§ 4. If it shall appear that a majority of all t!ie voters in spedai eiecuoa 
each of the counties of Cliampaign and Vermilion, voting cei:.\""°'^ ***' 
upon the question, have voted in favor of the creation of 
the new county of Holmes, then there shall be held a special 
election in ihe several towns and precincts within the 
limits in this act described for said new county of Holmes, 
on the first Monday in June next, for county officers. In 
case of fractional towns or precincts, which have become 
detached by the boundaries of the new county, the voters 
thereof may, at the first election for county officers, vote 
within s'lch town or jrecinct within tlie new county as 
they deem most convenient. The said election shall be now conJucuii 
conducted by the judges of election then in office under 
appointiuent or election in the counties of Champaign and 
Vermilion, and at the place of holding the last general 
election. In case of vacancy in the board of election or vacaucy. 
nonattendance, said vacancy or place of any absentee 
shall be filled in the same manner as is provided by law in 
other cases of elections; at which election the qualified 
voters of said county of Holmes shall elect all county county ofEww 
officers for said county, except such as are hereinafter 
excepted, vvho shall be commissioned and qualified in the 
same manner as such officers are in other counties in this 
state, and who shall continue in office until the next gen- Termor omc*. 
eral elections for such officers and until their successors are 
elected and qualified, and who shall have all the jurisdic= 
tion and perform all the duties which are or may be con- 
ferred upon such officers in other counties of this state. 

§ 5. All the justices of the peace, constables or other Justices ana eca- 
town or precinct officers, who have been heretofore elected ucd. 
and qualified in the counties of Champaign and Vermilion, 
whose term of office shall not have expired at the time of 
said election, and whose residence shall be embraced 
within the limits of the new county of Holmes, shall con- 
tinue in office until their term of office shall expire and 
until their successors shall be elected and qualified. 

§ G. Tl;c voters at such election for county officers to mi-jiip organ- 
shall also ^•o(e upon the question of township organization, b^^uktuT**''^^ ** 
and the same shall, in that re'^pect, be conducted and re- 
turns made as near as may be in accordance with the exist- 
ing laws upon that subject. If it shall appear that a ma- 
jority of all tlie voters of said new county shall have voted 
for township organization it shall he the duty of the county 
court of said county of Holmes to proceed at once to lay 
ofFsaid county into towns, having due regard for the wishes towm. 
of the inhabitants in that respect. r>aid county court shall 



1857. 



96 



Proviso. 



faroa. 



fljvmry scat 



also order town meetings to be held in the several towns 
in said county, within a reasonable time%ft*r said county 
shall be laid oft* into towns; at which' town meetings all 

Officers to ta town oiiicers required by law shall be elected, including 
justices of the peace and constables; and the officer^ then 
elected shall iiold their offices until tiie next general or 
regular election or town meeting for the election of such 
officers and until their successors are elected and qua-llfied : 
Provided) tliat in cases where justices of the pe^e and 
constables have been elected within the limits of such towns 
before the division of said new county of Holmes into towns 
and whose term of otlice shall not have expired and whose 
residence shall be at tlie time in any of such towns, such 
justices and constables shall continue in office as provided 
by this act, and only such additional justices and consta- 
bles shall be elected in the several towns as may be neces- 
sary to make up the number allowed by law in each town- 
ship. Whereupon said county ot Holmes shall become 
;n subject to all the laws in force at that time or thereafter to 
become in force on the subject of township organization; 
but in case said county shall not adopt township, organiza- 
tion then it shall be subject to all the laws of this state in 
force where such organization has not been adopted. 

§ 7. For the purpose of fixing the permanent location 
of the county seat of said county of Holmes, the voters of 
said county shall at said election for coupty officers vote 
for some place, to be designated upon their ballots, for a 
c unty seat; upon wliich ballots shall v/ritten or printed, 

or partly written and printed, "for county seat, ;" 

after which words shall be written or printed the name of 
the place intended for the county seat. The place receiv- 
ing a majority of all the votes polled or cast upon the ques- 
tion shall be the county seat ot said county of Holmes ; but 
if no one place shall receive a majority of all the votes 
polled or cast upon the question then it shall be the duty 
of the county court of sai'l county to call another election, 
within thirty days thereafter, at the several places of hold- 
ing elections in said county; at which election the voters 
of said county shall proceed to vote as before, but sliall 
choose from the two places having the liighest number of 
votes at the former election; and the place having the 
majority of all the votes cast at the second election shall 
be the permanent county seat of said county of Holmes. 

x^.u:eofeiecti n § 8. Noticcs of f aid election for county officers shall be 
given by the clerk of the county court of Champaign county 
in the same manner as in case of general elections. Said 
notices ?hall specify that a vote will be taken on the sub- 
ject of adopting townsliip organization and upon the loca- 
tion of the county scit. The returns of said election for 
county officers shall be made to said clerk of the county 



Hajorilr. 



Anjth?rf-|pfl; ■•v. 



WhAt contain 
Uf-ttiriu. 



^ 97 1S57. 

court of Champaign county, who shall cause the same to • 

be opened and canvassed and returns thereof made in the 
same manner as is provided by law in other cases. 

§ 9. All suits and prosecutions that have ^een or may suits pending »» 
be commenced in said counties of Champaign aud Verrail- coimty oonri, 
ion, including ail proceedings in the county courts of said bow prosee»*«i 
counties, in matters of probate, before the organization of 
said county of Holmes, shall not be affected by this act or 
the operation thereof; but all such suits, prosecutions and 
proceedings shall be prosecuted and conducted to their final 
termination in said counties of Champaign and Vermilion ; 
and the officers of said counties are hereby authorized to 
execute all writs that may be necessary for the completion wnu. 
of said suits, prosecutions or proceedings within the limits 
of said county of Holmes ; and all judgments that may have 
heretofore beenobt; ined or that may hereafter be obtained 
under the provisions of this section shall have the same lien Lien. 
upon all property within the limits of said county of Holmes 
as if the said territory had not been erected into a separate 
county. 

§ 10. As soon as the county officers shall have been county oig.-tniM* 
elected and qualified, the county of Holmes shall be con- 
sidered organized. The oath of office may be administered oatho/oBiotr.. 
to the several county officers by any person within the 
limits of the new county authorized by law to administer 
oaths; and as soon as saiJ county is organized the clerk oiork to g^-e m- 
of the circut court shall give notice thereof to the judge of *'" 
the eighth judicial circuit, who shall hold court at such cuun to be bew. 
place in said county as the county court thereof shall des- 
ignate until the county seat shall become permanently 
located, as herein provided ; which court shall be holden 
at such times as the judge of said circuit shall appoint, 
until otherwise provided by law. 

§ 11. The school funds, if any, in the hands of the schooifun*.. 
school commissioners of the counties of Champaign and 
Vermilion, belonging to the several towns or parts of towns 
coming within the limits of the county of Holmes, siiali be 
by said commissioners paid over to the school commissioner 
of the said county of Holmes as soon as demanded. 

§ 12. Tne county court of said county of Holmes, or c^jminisaioneuu 
board of supervisors, if said county should adopt township '^'» "fi"'*"'^*'' 
organization, shall at some term of said court or meeting 
of said board, either regular or special, by an order, to be 
entered upon their records, appoint some competent per- \ 

son a commissioner for the purpose hereinafter expressed, 
who shall take an oath of office before some officer of said o«th. 
county authorized bylaw to administer oaths. Said ounty 
court or board of supervisors shall at the same time provide 
a sufficient number of well bound blank books and deliver Book*. 
the same to said commissioner, who shall receipt the same 
—7 



1857. 98 

to the clerk of the county court, and as soon as the same 
shall be delivered to said commissioner he shall record in 
each book a coj)}' of the order of his appointment and oath 
T-»n»o,i>?8riet<it, of office, and shall thereupon proceed to transcribe into 
*'*■ such books all such deeds, mortgages and title papers, of 

every description, with the acknowledgments and certifi- 
cates in relation thereto of lands lying in the county of 
Holmes, which have been recorded or may hereafter and 
before the organization of said county of Holmes be re- 
corded in t!ie recorder's office of the said counties of Cham- 
«onjp-o»jv:t3. paisjn and Vermilion. Such commissioner shall be allowed 
by said county court or board of supervisors such sum as 
his services shall be \yorth, to be paid out of the county 
treasury. Said commissioner shall note at the end of each 
paper he shall transcribe the book, page and county from 
which the same was transcribed, and shall make a correct 
double index tiicreto. 
K-vwnbook*. § 13. When said c >mmissioner sliall have completed 

liis work he shall make return of said books to the clerk of 
the circuit court of said county of Holmes ; whereupon 
they shall be taken and considered, to all intents and pur- 
poses, as books of record of deeds, mortgages and title 
•*p:o«n:i.'eevi- papers, for Said county of Holmes; and copies of said 
**'*' records, certified by the officer having the custody of the 

same, shall be evidence in all courts and places, in the 
.«am3 manner that deeds and title papers regularly recorded 
in the recorder's office are evidence, and with the same 
effect. 

§ 14. The secretary of state shall forthwith furnish to 
ihe clerks of the county court of the counties of Champaign 
and Vtrmilion a copy of this act, duly certified, under the 
seal of state. 

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

Approved Jan. 31, 1857. 



9ofn«* "f his :iCt 
i« be teal. 



In force Ffb. !?, AN' ACT lo amend "An act to authorize the formation of corporations for 
manufacturing, agricnltural. mining and mechanical pnrpoaesj'-' approved 
I'el). 10. 1849. 



1857. 



Section 1. Be if enacted by the people, of the slate oj 
Illinois, rr.priismlcd in the General Jhscmbly^ It shall 
cc«ipv)-.et rmy bc lawful for all companies formed and incorporated, or 
"sVj!;' '°'**''" which shall hercaitcr be incorporated under the provisions 
of "An act to authorize tl e promctioji of companies for 
manufacturing, agricultural, mining or mechanical pur- 
poses," approved February 1 0th, A. D. 1849, to sue for 



' 99 1857. 

and collect any installment or subscrij,tion to stock due or 
to become due to said companies formed under said act in 
like manner as other debts are now collected, and before 
any court having jurisdiction of the amount claimed. 

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

Approved Feb. 18, 1857. 



AN ACT to amenil an act entitled ''An act to preserve the game in the u f^ree Ffh. in, 
state of Illinois," approved February 15th, 1855. isw. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That the 
provisions of said act shall not be construable as applica- Not to api.iy u 
Die to any warehouseman, common carrier, or other per- 
son into whose possession the animals or birds therein men- 
tioned shall come in the regular course of his or their busi- 
ness for transportation or storage, whilst they are in transit 
through this state, from any place without this state or 
from any of the counties of this state excepted in said act 
or any other acts amendatory thereto. 

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

Approved Feb. 18, 1857. 



AN ACT to vacate a portion of a certain state road '.herein named. ii^fuwP Ftr. ip, 



IS67. 



Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly , That all that 
portion of a certain state road leading i'rom Algonquin, in soad vacated « 
McHenry county, by way of Wauconda, in Lake county, Tl!^Z^,^ 
10 tiie Lake and Mc^ienry Piank Road as lies between the 
public giound, in the village of Wauconda, and the Lake 
and McHenry Plank Road be and the same is hereby va- 
cated. 

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

Approved Feb. 18, 1857. 



1867. 100 

fi>rce_Ftb. 18, AN ACT to amend an act entitled "An act to amend an act establiehing 
""" county courts." approved Feb. 12, 1849, and extending' the jurisdiction 

of the count}' court* of the counties of Lee and Whiteside. 



1S97 



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

J//i)wis, represent ^din the General *iisse" bit/, That so much 

AM repealed as of an act passcd by this general assembly, entitled "An 

4o t^8 county ». i. i. i i- i • i. l il J 

irf Le«. act to amend an act establisunig county courts, approved 

February 12th, A. D. 1849, and extending the jurisdiction 
of the county courts of the counties of Lee and Whiteside, 
as refers to tlie county court of the county of Lee, is here- 
by repealed : Provided, that this act shall not be con- 
strued as to repeal or in any wise affect said act so far as 
the county of Wliiteside is concerned. 

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

Approved Feb. 18, 1857. 



** ****''**• "^» AN ACT to amend an act entitled "An act to provide for reducing th« 
*'*■'■ state debt." 

Section 1. Be it tnactcd by the peopk of the state of 

Illinois, represented in the General */^ssemby, That any 

»«rrio« fuDda surplus funds which shall remain in the treasury out of the 

arisjuK from ' , . . .. ^, .,, ^ ii • i ■> 

two mill tax proceeds arising irom the two mill tax, authorized under 
•©■rcti. ''^^^^ article 15th of the constitution, after tiie payment of the 
amount duo on the principal of such bonds as may be pre- 
sented on the first of January, annually, or from any other 
source of revenue, or from the funds now authorized to be 
invested in the purchase of state indebtedness, except such 
amount as may be required to meet interest, siiall be ap- 
M»w eKptDded. plied and used in the purchase of indebtedness of the state 
bearing interest, or in the purchase of indebtedness not 
bearing interest, as the governor may deem for the interest 
of the state, in tlie manner and upon the terms provided 
for in the act entitled "An act to provide for reducing the 
state debt," aj)proved Feb. 12, 1853, and an act entitled 
"An act to regulate payments of interest on the public 
debt and tlie purchase of state bonds," approved February 
13th, 1853. 
Approved Feb. 19, 1857. 



iOl 1867. 

AN ACT to locate a state road therein named. in force Feb. 9, 

1S67. 

Section 1. Be it enacted by the people of the state cj 
Illinois^ repreaentedin the General As s^emhly^ 'Iliat James 
W. Keyes, N. V. Hunt and Charles W. Chatterton be and commiȣ.ion*ft 
they are hereby appointed commissioners to viv;\v, mark 
and locate a state road from the northern termination of 
Fifth street, in the city of Springfield, in the county of Toiooata. 
Sangamon, to the new bridge across the Sangamon ri\eron 
the Athens road. 

§ 2. The said commissioners, or any two of them, shall, to n* »won3,i;i»«- 
before entering upon the duties assigned them by this act, *"*''' 
take an oath before some justice of the peace in the county 
of Sangamon, faithfully to discharge the duties required of 
them by this act, and shall proceed to view, mark and 
locate said road eighty feet wide on the nearest and most 
eligible route, extending the lines of said road in the same 
direcion northwardly and with the same bearings as said 
Fifih street, as far as practicable and consistent with the 
route of the road as hereinabove stated. 

§ 5. (Jpon such location being made, the said commis- MakerejK>rt. 
gioners, or any two of them, shall make a report of the same, 
accompanied by a plat of said road, to the county court of 
said Sangamon county, and said road shall be thereupon 
opened by said commissioners, and kept in repair in the roaJepenwi. 
same manner [as] other state roads are. 

§ 4. In estimating and assessing damages for the rigbt of Damaee*, hiw 
way, said commissioners, or any two of them, shall be gov- 
erned by the provisions of tlie XCII chapter of the Revised 
Statutes of 1845, entitled "Right of Way." The opening 
of said road shall not be delayed by or on account of any 
appeal which may be taken from the assessment of dam- 
ages under this act, but the said commissioners, or any two 
of them, siiall immediately proceed to o[)en said road. 

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

Approved Feb. 9, 1857- 



k. GENERAL ACT for the incorporation of county agricultural societies, in f»rM Feb. M. 

1S67. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General AsseTTibly, That an ag- 
ricultural society may be formed in any county of this state 8»cietiM, tM« 
by the voluntary association of any number of legal voters "^^y ^e form.* 
of the same, not less than twenty, who may meet and 
organize for that purpose under a constitution and by-laws 



1857. X 102 

of tiicir own construction, whicii they may alter and amend 
at pleasure, the use and benefit of the same to be alike 
free to every citizen of said county who is disposed to 
associate with them under the constitution and by-laws so 
provided, and in accordance with this act, upon such terms 
as may be prescribed. 

K.je.b#dT«cr- §2." Each county society thus organized may there- 

,>«»<•. upon be constituted a body corporate and politic under an 

appropriate name, which name, together with that of the 

••ic«K president, secretary and treasurer, shall be recorded on 

the books of the county clerk of the county wherein said 
society is located ; whereupon said society shall be deemed 
legally constituted, and under this name shall be capable 
of contracting and being contracted with, suing and being 
sued, pleading and being impleaded in all courts of law 

r.w*c t.^ conect and equity in this state; and in said courts shall have power 

•ub«criptu»s. ^Q g^jg j'yj. gj^fj collect all gratuitous subscriptions which are- 

or may be made to such society; and may have a common 

seal, which they may change at pleasure; and may in their 

■...i real .itait. corporate nr.me acquire, by purcliase or otherwise, and 
-hold real estate for the use and to promote the objects of 
the society, not exceeding in quantity at any time ftve 
hundred acres. 

«f«uiaticu .; § 3. Any person who shall, without the permission of 
fMrfroucd. ^j^g officers of tlie corporation, enter within any inclosure 
which may be used by such corporation for an agricul- 
tural or mechanical fair, and any person guilty of disor- 
derly conduct or such as may interrupt or be prejudicial 
to the interest of said fair, show or exhibition, whether in- 
side the inclosure for the same, or at any distance within 
two hut.dred yards of such inclosure, shall be liable to im- 

'■*" mediat*' arrest and to the payment of five dollars to the 

corporation, to be recoverable at suit of said corporation 
in action for debt, before any justice of the peace or other 
court in this state. 

Ff„Ti«.«n. cf 3d 4. The provisions of the third section of this act are 

J2ili"'l/.^u.er hereby made applicable and legally available to all agri- 

•*^etie». cultural societies within the state, whether incorporated or 

unincorporated, and which desire to take the benefit of the 

same. 

iS 5. This act to take effect from and after its passage. 
Approved Feb. 18, 1857. 



103 1867. 

AN ACT regulating practice In courts in certain cases. *> forre*prji»« 

Section 1. Be it enacted hy the people of the state of 
Illinuifi, represented in the General J2iise?nhlt/, That ex- 
cej)tioi)S taken to opinions or decisions of any court in Exception lo u^ 
this state, overruling motions in arrest of judgment for new ^;,?,as.'lcV»i- 
trials, or for continuances or change of venue shall be ^^['1111^"^' 
allowed in criminal cases and in penal and qnitam actions; 
and the party excepting to such decisions may assign the 
same for error, in the same manner as in civil eases. 

§ 2. That section one hundred and fifty-three (153) ^*i[^^^'° ''[^]j;"'' 
of the criminal code shall not apply to cases of sale of 
property on ^ credit; and that section one hundred and 
fifty-two (152) shall apply only to representations which 
shall have been reduced to writing and signed by the party 
to be charged thereby, prior to the obtaining of such 
credit. 

§ \\. In all cases where a writ or process shall issue out where writ u- 
of any court other than the supreme court, and shall be ouur "hai. w- 
directed to any other county than that in which it shall be p^fm. court. 
returnable, and on which process special bail may be 
entered, the officer executing such writ may receive as 
special bail a householder or householders of sutificient special bail. 
property, resident in his county. 

§ 4. Whenever execution shall issue upon any judg- wheio.iu'jgmeD:. 
ment obtained by confession, or warrant of attorney, upon ioufesskl" ^ 
any demand which shall not be due at the time of the 
entering of such judgment, any defendant or defendants 
may stay proceedings, by injunction issued out oJ the cir- stajproc«»diui» 
cuit court of the county to which such execution shall have 
been directed, until the said demand sliall have become 
due : Provided^ that the party seeking such injunction shall p.-otIsd. 
give bond as now required by law in cases of injunction. 

§ 5. In any and ail cases where the 'sheriffs shall be shmfr m«r an- 
by law required to take bail upon any writ or process, such numstcd oath 
sheriff shall have the ])ower to administer oaths and to ex- 
amine the person or persons offered as bail touching his 
or her sufficiency. 

§ 6. The passage of this act shall not abate any prose- 
cution now pending in any court of this state. 

Approved Feb. 18, lb57. 



1857. , 104 

i« fflTca April IS. AN ACT to fund the arrears of interest accrued and unpaid on the public 
i»T. debt of ihc state of llliiioia. 

p..>.mb!s. Whereas the state of Illinois has now resumed the payment 

of the accruing interest upon her public debt ; and 
whereas there is an amount of arrears of interest that has 
accrued upon her indebtedness that now remains unpaid, 
which it is necessary should in some way be disposed of 
to enable the state to take her proper position among the 
interest paying states of the Union; therefore, 
[Section 1 ] Be it enacted by the people of the state of 
I//ifiins, repi-esented in the General *r]ssemblij, That the 
BBtf of governor govemoT of the statc of Illinois is hereby authorized and 
required to take up all arrears of interest now due and un- 
paid that has accrued upon the first day of January, 
eighteen hundred and fifty-5even, upon any portion of the 
indebtedness of the state, and issue to the holders of the 
same, when they shall bring to him t le sum of one thou- 
iMueabond. Sand dollars or more, a bond of the state, the same as those 
authorized to be issued on account o* funding the internal 
K.uu .iraw in- improvement and canal debt, dated 1847; but the interest 
Tseo" "^"'^^ ^\\^\\ not begin to run upon said bonds until January 1st, 
1860; and on and from that date they shall become and be 
When redeemed, deemed as principal bonds, and shall be redeemable at the 
pleasure of the state. No bond shall be issued for a less 
sum than one thousand dollars for arrears of interest due 
« and unpaid. When such bonds are is. ued by the goveinor 
to the holders of such arrears of unpaid interest, lie si all 
receiv^e from the person holding the coupon or interest cer- 
••r^rnnr to ta5:e tificate upon wliich the bond is to be issued, a receipt, showing 
■"oipt upon what, the bond was issued, w'itli the coupon or inte- 

rest certificate attached. On all bonds that do not have 
interest coupons attached, the governor, before issuing the 
bonds duo under this law for arrears of interest upon the 
iwflo cert fl( ate. Same, shall issuc t certificate to any holder for the amount 
of interest due on any bonds such holder may present, and 
said certificates shall be takan as before stated and bonds 
noM'rs in«y pre- issued tiierefor as bt fore stated. Any holder of canal or 
rrfp with".!!- internal improvement scrip, holding less than a thousand 
i-rr.t c*riin- (Jollars, may present the same with interest certificates 
enough to make a thousand dollars or more, and the gov- 
ernoi .'hall issue a bond as before stated for such amount. 
This act to take elTdCt on its passage. 
Approved Feb. 18, 1867. 



eoB- 



105 1857. 

AN ACT to amend chapter 102, Revised Statutes, entitled " Steamboats." m forco Feb. i», 

^ 1867. 

Section 1. Be it enacted by the people of the state of 
Illinois^ 7'ep7'eserttediti the Genei'al ^-^ftsemhly, That steam- 
boats and otlirr water crafts navigating the rivers within steamboats or 
or bordering upon this state shall be liable for debts con- cian, liabiu^ 
tracted on account thereof by the master, owner, steward, **'• 
consignee, or agent, for mafeiials, supplies, or labor in 
building, repairing, furnishing or equipping the same, or 
due for wharfagfe, and also for damage arising out of any Damages on 
contract for the transportation ot goods or persons, or lor jury 
inj;.ries done to persons or property by such craft, or for 
any damage or injury done by the captain, or mate or other 
officer thereof, or by any person under the order or sanction 
of either of them, to any person who may be a passenger to lassengew « 
or hand on such steamboat or other water craft at the time 
of the infliction of such damage or injury : Provided, that Proviso. 
nothing herein contained shall be construed to make the 
craft or owners thereof liable for the trespasses done by 
an}- of the crew not under the direction of the officers in 
command thereof. 

5 2. Any person having such demand may proceed owners, master 
against the owner or owners or master oi sucri crait, or sued. 
against the craft itself. 

§ 3. When such suit shall be commenced against the wh.n bu* 
craft, the plaintiff shall file his precipe to that eflfect, ''"'"°^ "*" 
naming such craft, if she have a name, and if not gi^ ing a 
substantial description of the same, and with it a bill of the ^jn of partio*. 
particulars of his demand, verified on his own affidavit or 
that of his agent or attorney, or other credible person. 

§ 4. The clerk of the proper county shall on receiving cieik to isstm 
such precipe issue a warrant, returnable as other writs, ^^^rCff. ** 
directing tfie seizure of such craft by name or descrijition, 
as provided for in the third section of this act, or such part 
of her apparel or furniture as may be necessary to satisfy 
the demand, and to detain the same until discharged by 
due course of law ; and the officer executing the writ 
shall return with it an inventory of the effects seized and 
held under it. 

§5. That the owner, master, steward, consignee or other Bond may te 
agent of such steamboat or other water craft may discharge 
the property seiz^il upon entering into bond to the officer 
taking the same, with two or more good and sufficient sure- 
ties, within the county where such craft may have been 
seized, in double the amount of the demand sworn to be 
due by plaintiff, agent or attorney, conditioned that such condition. 
property or double the amount sworn to be due by plaintiff, 
agent or attorney shall be forthcoming to answer the 
judgment under such seizure. proceedings ih^i 

§ 6. Tiiat upon the return of the writ, the pleadings 
and other proceedings shall be as in other cases of process 



1857. 106 

Berved and returned; and after jidgment the property seiz- 
ed and still held may he sold upon execution to satisfy the 
judgment, and the overplus money, if any, arising from sucii 

»mrp\at, if any sale, sliall be returned to the owner, master or agent, on 

"** '* ■ demand, as surplus money is in other cases of execution ; 
and if the proceeds of such sale fhll short of satisfying the 
judgment, the balance shall remain to be collected on exe- 
cution as upon other judgments : and in case the judgment 

»>x)«rtT r»- shall be against the plantiif, the property seized shall be 
restored, and the cost siiall be collected as in other cases. 

Autitet of tti* § 7. Justices of the peace within their respective coun- 

PjB»^, juni K- ^1^^ shall have jurisdiction under this act, when the amount 
claimed shall not exceed one hundred dollars, and shall 
proceed as near as may be according to tire rules pre- 
scribed herein for the other courts. 

TtMUy fer § 8. That if any suit or actiou sliall be Commenced un- 

^iboBi K.H.CI cler tins act without reasonable or proper cause, the person 
•*""■ or persons commencing such suit or action shall be liable 

to make compensation to the defendant or defendants lor 
all damages by him, her or them sustained by reason of the 
commencement of suit or nction ; the,defendant or defend- 
ants, if appearing and deiending and damaged as aforesaid, 

jfoiio* Mtachfd shall Set forth in his, her or their plea or pleas or notice at- 
i^n" "luten "lit tachi'd to the plea of tie general issue, or in a written 

k.far.»ju.uc.. statement, if the cause be pending before a justice of 
the peace, that such suit was commenced without reason- 
able or ])robable cause, to the damage of the defendant or 
defendants; and if the jury or justice, on the trial, stiall find 
that such suit or actiou was commenced without reasonable 

•wnaKej to i.« or ])robabIe cause, such jury or justice shall assess the 
amount of damage sustained by the defendant or defendants 
by reason of the commencing of such action as aforesaid, and 
for the amount so assessed judgment .shall be rendered and 
execution issued according to the usual lules of proceeding. 
, ,, , 5 9. Parties, under this act, shall have the same right 

.^jveal all'-.ved. ,.1.1 " 

ot appeal as in other cases. 
cHm-rn &c., may § ^^' That in all cases wherein proceedings are had 
•«>e»i- under the jirovisions of this act against steamboats or other 

water crafts, by name or descri[)tion, and judgment render- 
ed, the owner or owners, masters, stewards, consigrne or 
other agent of such steamboat or other water craft, may 
appeal from such judgment, on entering into the required 
bond or recognizance, a? in other cases of ap[)eal, and on 
such appeal being perfected, the officer who may have 
seized such property shall restore the same, on receiving 

Ome#r to restore r r t • , ii£>i 

).Top«rty. the certifuate ot tiie magistrate or clerit oi tfie court, 

as the case may be, that the appeal so taken has been per- 
fected; and in case the pUntifT or plantifTs shall appeal 
from such judgment and shall perfect his or their appeal, 

•i^^r»t*in the \\y^, officer who may have seized such property shall retain 



107 1857. 

the custody of the same, unless the same be discharged as 
provided for in the fifth section of this act; and unless sucli 
appeal be perfected, the said officer shall restore the prop- 
erty seized, on receiving the certificate of the magistr-ite 
or clerk of the court, as the case may be, that the appeal 
so taken has not been perfected. 

5 11. That this act shall be so construed as to author- Acti«n m«y b« 

1,1 , 1 • • , • broHght in caua» 

ize and enaole any ])erson or persons to bring or maintain of action ao- 
against any such steamboat or other water craft, according nie*'^iiinit7°w 
to the provisions of this act, any action or actions provided thisstau. 
for or contemplated in such act, notwithstanding the cause 
of action may have accrued beyond or out of the limits or 
jurisdiction of this state, and although suoh steamboat or 
other water craft may not have been, at tlie time such 
cause of action accrued, navigating the waters within or 
bordering upon this state : Pruvided., tiiat no claim or ^''^'^'o- 
claims, or cause of action arising or accruing beyond or 
out of the territorial limits or jurisdiction' of this state, 
under the provisions of this act, shall be so construed or 
permitted to so attach or operate to the prejudice of any 
bona fide purchaser of such steamboat or other water craft, 
not having notice of the existence of such claim or cause 
of action. 

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

Approved Feb. 16, 1857. 



AN ACT to establish a state road from Marion, in Williamson county, in force »pvii 90, 
to Benton, in Franiilin county. 1857. 

Section 1. Be it enacted by the people of the state of 
J//i))ois, represented in the General ^^ssenibly, 1 hat Henry 
W. Perry and George Hunter, of Williamson county, and commissioaen. 
Robert Hayes, of Franklin county, be and they are hereby 
appointed commissioners to lay out and establish a state to lay ont. 
road, which shall commence at Marion, in Williamson 
county, and run to Benton, in Franklin county, via George 
W. Binkley's^, Schoharie Prairie, crossing the Middle Fork 
of Muddy river at or near the Fish Trap Ford. 

§ 2. It shall be the duty of said commissioners to pro- Further duty. 
ceed to the town of Marion, in the county of Williamson, 
on or before the first day of May next, or as soon there- 
after as they may find it convenient, and after having been 
sworn by some acting justice of the peace of said county, Swo™. 
to view, mark and locate a road, as above designated, 
having due regard to private property. 



1867. 



108 



m<H>iM. 



Bcpetuifs, how 



§ 3. When the said commissioners shall have laid out 
and establi^Jied the said road as aforesaid, they shall make 
and deliver to the county clerks of the counties through 
which said road passes a copy or plat of said road ; which 
plat, when so received by said clerks, shall be entered of 
record in tlieir several offices ; and the said entries, when 
so made, shall be evidence in all courts of this state of the 
existence of said road. 

§ 4. The county courts of the several counties through 
which said road passes shall allow to the said commission- 
ers and to the said clerks a reasonable compensation for 
their services rendered as aforesaid, in proportion to tlie 
amount of labor performed in each county. 

Approved Feb. 13, 1857. 



tone Feb. 18, 
1867. 



AN ACT to amend an act entitled " Reli2;ious Societies." 



( Section 1.] Be it enacted by the people of the state of 
Illinois^ represented in the General ,/Sssemhli/y That the 
Tro»tee« may trustccs now in office, or those who may hereafter be ap- 
wfleeS'oi trust* poiutcd Of clccted uuder tiie provisions of the act to which 
this is an amendment, shall have power, under the direction 
of tiie society or congregation by whom they were elect- 
ed or appointed, to execute mortgages or deeds of trust, 
in the nature of mortgages, of and concerning tlie estate 
and property which any society or congregation are author- 
ized by said act to hold, and such mortgages, deeds and 
conveyances shall have the same effect and be enforced by 
tlie same remedies and proceedings as like mortgages, 
deeds and conveyances made by natural persons, anything 
in the said act to which this is an amendment to the con- 
trary notwithstanding. 

This act to take effect from and after its passage. 

Approved Feb. 18, 1857. 



S40ie effort a 
•tber mortgage 



enree Feb. 18« 
1607. 



AN ACT to locate a state road tliereln named. 



Sf.ction 1. Be it niactcd hy /he people of the state of 
Jllinois, represented in the General Jlsst"mJ)ly, That J. D. 
■ini«»ioner« Ludlow, Richard Clavijool and William llofman be and thev 
are liereby appointed commissioners to view, survey, make 
and locate a state rnad, commencing at the town of Ilig- 
ginsvillf, in Vermilion county, and running from thence in 
as direct a course as may be deemed practicable, crossing 
the Middle Fork of the Big Vermilion river at the " Gray 



109 18tf7. 

Ford," to the southwest corner of section three (3,) town- 
ship twenty-three (23) north, range ten ( 10) east; from 
thence on the section line to the town of Pera, on the Illi- 
nois Central Railroad, and from thence to intersect the Ot- 
tawa road at the most practicable point on the northwest of 
Ten Mile Grove. The said commissioners, or a majority of 
them, shall, within six months after the date of thepassage of 
this act, meet at some point upon or near the route herein 
described for said road, to be agreed upon by said com- 
missioners, and after having taken an oath before some toi>« «woin 
person authorized by law to administer oaths, faithfully to 
perlorm the duties required of them by this act, shall pro- 
ceed to view, survey, mark and locate said road. Said 
commissioners shall make a report of the location of said 
road and return a copy to tiie clerk of the county court of Fiie«pcTt. 
each county through which said road may be located, which 
shall be filed by said clerk in his office; and said road thus 
laid out is hereby declared to be a public state road, and 
shall be opened and kept in repair in the same manner as 
other public roads are. 

§ 2. 'J he county courts of the respective counties in Expen»^ b»w 
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 
county treasury each county to bear its equal proportional 
part of said expenses according to the distance said road 
passes through the same. 

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

Approved Feb. 18, 1857. 



AN ACT to amtnd chapter 59, Revised Statutes entitled ''Justices of the u forw Job. u. 
Peace and Constables." 186^- 

Section 1. Be it enacted by the people of tlie state of 
Illinois, representedin the General ./issembly , That when- 
ever any constable in this state shall have in his hands any ^^^iT^,,"^** 
summons issued by any justice of the peace requires 
service and shall be unable by dilligent search to find the 
defendant or defendants, or to make personal service on 
him or them, and said defendant or defendants shall at the 
time be resident of the county in which said summons is- 
sued, the said constable may serve said process by leaving ^pT/t, 
a copy thereof at the residence of the defendant or **^"*- 
defendants, witli some member of his family above the age 
of ten years, and informing such person of the contents 
thereof; and on the return of such summons if it shall ap- 
pear to the justice from the return of the constable that 



certain mim. 



to be Mi at 
ace ot i"*^ 



1857. 110 

I 

the summons has been served by co^^y in the manner and 
for the reason atbvesdid, the cause sl)all stand for trial on 
the return day thereof. 

••DM lobe con- § 2. If the defendant or defendants sliall not appear on 
the return day of said sujnmons the justice shall continue 
said cause and issue another summons, which may, under 
like circumstances be served in like manner and with the 
same effect, and so on until the defendant or defendants 
shall appear on the return day, or shall be personally served 

Tnai c proceed. y/[i\i tjjg summons, in either of which cases the trial shall 
proceed as other cases in the act to which [this] is an 
amendment. 

jwrtic«8»fMs. § 3. The justice shall be allowed the same sum for each 

additional summons issued under the provisions of this act 
as for the first summons, to be taxed as cost of suit and 
collected as otiier costs. 

•oMUbiw, fees. § 4. Constables shall be allowed the same fees and 
mileage for each service by copy under tlie ])rovisions of 
this act as tlie}' are now allowed by law for serving sum- 
monses, to be taxed as costs and collected as other costs in 
the suit. 

wbereexenitinns § 5. Jn all cascs when anv execution in the hands of 

aetUed, consta- ^ . . t 



W 



en Sim* fees any coustablc shall be settled by the parties, or paid, or 
,he:iSi. -^vhen the property levied on shall not be sold by reason of 
such settlement or payment, the constable shall be allow- 
ed the same fees as sheriffs are by law allowed for like ser- 
vice in like cases. 

§ 4. Tliis act shall take effect and be in force from and 
after its passage. 

Approved Feb. IS, 1857. 



^ '^1857^'^''*'*' ^"^* ACT to anfhonV.c the formation of corporations for transporting, foy- 
wardiiig and navigating on the iakoa, rivers and canals, or any or either 

of tllCIfJ. 

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

Illinois^ repreftcnted in the General Asi^tmhly^ That at any 

oo»p»ni»s for time hereafter any three or more persons who may desire 

l^\<^v^rm- to form a company for the purpose of building forthidrown 

•** use, equipping, furnishing, fitting, purchasing, chartering 

or ownin;^ steam, sail or other boats, ships or vessel.'?, or 

property to be used in lawful bu.siness, commerce, trade or 

navigation upon the lakes, rivers and canals, or eitlu r of 

them, ^and ior the earring!., transportation or storing of 

lading, freight, mails, property or passengers on such lakes, 

rivers and canals, or either of them, may make, sign and 

•»ii«<iii:,ii'uit«.n acknowledge, before some officer competent to take the 

•urk'o ofljc*. acknowledgment of deeds, and file iii the office of the clerk 



Ill 1857. 

of the county in which the principal office for the manage- 
ment of the business: of the company shall be situated, and 
a duplicate thereof in the office of the secretary of state, secr.tary ef 
a certificate, in writing, in which shall be stated the cor- '^'^'^'•''' ''ffl** 
porate name of such company and the objects for which 
the company shall be formed, stating particularly the 
amount of the capital stock of such company, which shall capital. 
not be more than one million dollars, nor less than ten 
thousand dollars; the term of its existence not to exceed Time. 
fifty years ; the number of shares of which the said stock 
shall consist ; the number of directors and their names, Directow. 
who shall manage the affairs of such company for the first 
year, and the name of the city or town and county in which 
the principal office for managing tlie affairs of such com- omc.. 
pany is to be situated. 

5 2. When the certificates shall have been filed as afore- when inwrpew- 
said, ?nd twenty per cent, of the capital named paid in, the ^^^ 
persons who shall have signed and acknowledged such cer- 
tificate, and all others who may thereafter be holders of 
any share or shares of the capital stocks, and their suc- 
cessors, sliall be a body ])o itic and corporate, in fact and 
name, by^the name stated in such certificate; and by 
that name shall have succession, and shall be capable of 
suing and being sued in any court of law or equity ; and Mny su« tm k« 
they and their successors may have a common seal, and '*"*'*■ 
may make anl alter the same at pleasure; and they shall, 
by their corporate name, be capable in law of purchasing, 
holding, owning, hiring, leasing and conveying real or per- Msy how prt- 
sonal estate or property whatever, v/hich may be necessary '*'y- 
to enable such company to carry on the operations and 
business mtntioned in such certificate, and all other real 
or personal estate or property which shall have been hujia 
fide mortgaged or pledged to said company by v/ay of se- 
curity, or conveyed to such company in satisfaction or 
part satisfaction of any debt or debts previously contracted 
in the course of the transaction of the business of such com- 
pany, and all other real or personal estate or property 
whicli shall be purchased by said company at sales upon 
judgments, orders or decrees which shall be obtained for 
such debts or in the course of th.e prosecution thereof. 

§ 3. The stock, property, affairs and concerns of such ::iiMo»r«rfdiTt«- 
coinpany shall be managed by not less than tliree or more 
than thirteen directors, who shall respectively be stock- 
holders of sucli company, and a majority of whom shall be 
citizens of this state, and who shall, except those for tiie 
first year, be annually elected by the stockholders of such n«>.!«rtc':. ^ 
company, at such times and plares as shall be directed by 
the hy-laws of such company. Public notices of the time i?Mio.fii>.n. 
and place of holding such election shall be published not 
less than thirty days previous thereto, in a newspaper 



loou.-ia 



Ttcsncv 
filed. 



1857. 112 

printed in the city or town in wliich *he principal office for 
tlio management oi' the affairs ot'such com|)any shall be sit- 
uated, and it" tliere be no ne\vsi)aper publislied in snch city 
or town, then in tlie newspaper the principal publication 
of which is nearest to sucli principal office of sucli com- 
pany. Such elertio s shall be made by such of the stock- 
holders as shall atteiul for that })U.ipose, either in person or 
tj bai- by proxy ; and such elections shall be by ballot, and each 
stockholder sliall be entitled to as many votes as he owns 
shares of stuck in such company; and the per. ons receiving 
the greatest number of votes sliall be directors ; and when 
how any vacancy shall iiappen among the directors, occasioned 
by death, incapacity, resignation, the sale of stock, or 
otherwise, ic sliall be filled for the remainder of the year in 
such manner as may be provided for by the by-laws of 
such company. The directors named in the certificate 

i«^>«<;tor!. of flrst aforesaid shall appoint inspectors of ihc first election from 
•tection. among stockholders who are not directors. 

■leqtion of dirfc- § 4. Ill casc that it sliall happen at any time that an 
hew ^n any election of directors shall not be made on the day desig- 
*•'• nated by the by-laws of such company, when it ought to 

have been made, the company for that reason shall not be 
dissolved, but it shall be lawful, on any oilier day, to hold 
an election for directors in such manner as shall be pro- 
vided far by the said by-laws ; and all acts of directors 
shall be valid and binding as against such company until 
their successorsishall be elected. 

i^potnt a pre.-i- S 6. The dircctors of such company shall have power 
to appomt a president, or to appoint or employ such other 
subordinate officers as the by-laws of such company may 
designate, and to require any or all of such president and 
other officers to give such security for the faithful perform- 
ance of their res[)ective duties as such directors may re- 
quire; and the directors shall have power to remove such 
president and other officers, respectively, at pleasure. 
Such officers shall, respectively, have such powers and 
perform such duties in the management of the prrperty, 
affairs and concerns of such company, subject to the con- 
trol of the directors, as the by-laws of such company shall 

Row ^e^rnbed. prescribe. A majority of the directors for the time being 
shall constitute a ([ucrum for the transaction of business. 

D*ira< flir»ct/iri § 6. It sliall be lawful for the directors to call in and 
demand from the stockholders, respectively, all such sums 
of money by them subscribed, at such times and in such 



4ent and other 
•doard 



• ■MM 



•VMk torftittd. 



payments or in-'tallments as the directors deem proper, 
under the penalty of forfeiting the .'shares of stock sub- 
scribed for, and all previous payments made thereon, if 
payment shall not be made by the stockfioldcrs within sixty 
days after a demand ornoticerequijingsuch payment shall 



113 1867. 

have been publisiied three successive weeks, as is pre- 
scribed in section tljree. 

§ 7. Tlie directors shall have power to make such reas- uy-iaws. 
enable by- laws, not inconsistent with the laws of this state 
or oftlie United States, as they shall deem proper, for the 
management and disposition of the property, affairs and 
concerns of such company; for prescribing the powers and pic-ciibe tiuiyo: 
duties of the oiacerij of such company; for the appoint- '''"^"'^^• 
ment of the officers and for the transaction of and carrying 
on all kinds of business within the objects and purposes of 
such company. 

§ 8. Tlie stock of such company shall be deemed per- stock dcema 
sonal estate, and shall be transferable in such manner as pen™" "'"' 
shall be prescribed by the by-laws of such company ; but 
no shares shall be transferable until all previous calls thereon 
hall have been fully paid in; and it shall not be lawful 
for any such company to use any of its funds in purchase Shaii not o.e 

„ .1. ,1 i- c jJiit luiuls in thi- 

ol any stock in any other corporation lormed under ttie laws purchase or 

of this state, or to hold the same, unless the same shall have ""'^'" '''^"''• 
been bona fide pledged, hypothecated or transferred to such 
company by way of security for, or in satisfaction or part 
satisfaction of a debt or of debts previously contracted in 
the course of the transaction oftlie business of such com- 
pany, or unless tlie same shall be purchased by such com- 
pany, at sales upon judgm»mts, orders or decrees which 
shall be obtained for such debts or in the course of tlie 
prosecution thereof; and no railroad company or corno- Riiiroad rom- 
ration shall have, own or hold any stock in any company to ownTtocT.'' 
be formed under this act. 

§ 9. The copy of any certificate of incorporation filed ^'fl^^°' '"''*" 
in pursuance of this act, certified by the county clerk in 
whose office the same is filed, under his official seal, to be Received a 
a true copy of and of the whole of such certificate shall be 
received in all courts and places as presumptive legal evi- 
dence of the matters therein stated. 

§ 10. The stockholders of such company shall be ^';;il::';;^l.*'de'b.i.^' 
jointly, severally and individually li: ble to the creditors of 
such company, to an amount equal to the amount of stock 
held by them respectively, for nil debt and contracts 
made by such company, and for all claims and demands 
against such company, until the whole amount of the cap- ^'"[^^^ jg ^'fi 
ital stock fixed and limited by such company shall have 
been paid in, and a certificate thereof shall have been made 
and recorded as prescribed in the following section ; 
and the capital stock so fixed and limited shall all be paid 
in, at least one-half within one year, and the remainder stock, when raid 
thereof within two years from tiie incorporation of such 
company, or such company shall be dissolved. 

§ ll. The president and a majority of the directors of ^'^enaulTtt! 
such company, within thirty days after payment of the last 
—8 



as cTi- 
deuce. 



1857. 114 

installment of the capital stock so fixed an 1 limited by such 
company, shall make a certificate stating the amount of 
the capital stock of such company so fixed, limited and 

■.T,,rnvi. paid in, wliich certificate slmll be signed and sworn to by 

the president and a majority of the directors of such com- 
pLiny, aid they shall, within the said thiity (o'-) days, pro- 

R«cord«!. cure the same to be recorded in the office of the clerk of 

the county court in wiiich is located the princi])al office of 
such company. 

■tookh.Mer-. ^ 12. No stockholder shall in any case be personally 

liable for the ])ayment of any debt contracted by or claim 
or demand against such company, unless an action for the 
collection of such debt, claim oi demand shall be brought 
against such company within one year after the same shall 
have become due or shall have accrued ; and no action or 
proceeding shall be orought or maintained against any 
stockholder in such company for any such debt, claim or 
demand until an execution against the property of such 
company therefor shall have been returned unsatisfied in 
whole or in part. 

nivijend. § 13. Before any dividend shall have been declared and 

certifi^ite. wbat paid, and cit least once in each year a certificate shall be 
•wntaiu. made and signed by a majority of the directors of such 

company and by the president thereof, and by the secre- 
tary thereof, if there be such an officer, which certificate 
shall state the property and claims and demands of such 
company, and as far as the same shall be knov/n, the claims 
and demands against the same, and the fair cash value of 
the property, personal and real, respectivelj* belonging to 

Teria^a broatb. said company, which certificate shall be verified by the 
oath of the president of such companj , and of the secretary 
thereof, if there should be such an officer, and shall be filed 
the same as the certificate mentioned in section one of this 
act shall be filed; and no dividend shall be declared and paid 
unless the value of the j)roj)erty, claims and demands of 
such company, over and above the amount of the claims 
and demands agaiiist th(! same, as appears from such cer- 
tifieat':'?, shall be as much as the capital stock of such com- 
pany. 

Direct/,M fiiii":; § 14. If the dircctors ot any such company, present and 
u.^.TrdftJ"'' voting on the same, shall declare and pay any dividend 
wlien such company is insolvent, or any dividend, the pay- 
ment of which would render it insolvent, or which would 
diminish the amount of capital stock, or sliall declare and 
pay any dividend before the making, verifj'ing and filing of 
the certificate mentioned in the last pieceding section, or 
when th<'. value of the property, claims and demands of 
suf-h coin[)any shall not exceed the amount of claims and 
detn^nfls against tlif same, to the amount in this section 
mentioned, they shall be jointly and sever.illy liable lor all 



truste«8 not li- 
able. 



115 1857. 

the debts of such company tlien existing, and for all claims 
and demands thereafter contracted and incurred while they 
shall resj)'^ctively continue in office : Pruvidcd, that if any proviso, 
of the directors so present and voting shall objV-ct to the 
declaring of such dividend or to the payment of the same, 
and shall file a certificate of his or their objection in writing, it dirpctors «!• 
with the secretary of such company, if there be such an lTJx"m\7^'^* 
officer, and if not, then with the president thereof, and with 
the clerk of the county in which the principal office of such 
company shall be situated, the director or directors so ob- 
jecting and so filing such objections shall be exempt from 
such liability. 

§ 15. If any certificate made in pursuance of the pro- it c^'itincaip i« 
visions of this act shall be false in any material representa- tit'Ming"T.!m» 
tion, all the officers who shall have signed the same shall '^^'^'''■• 
be jointly and severally liable for all the debts and liabili- 
ties of the company contracted or incurred while they are 
stockholders or officers thereof. 

§ 16. No person holding stock in any such company as oumiiau.^ or 
executor, administrator, guardian or trustee, and no per- 
son holding such stock as collateral security shall be per- 
sonally subject to any such liability as stockholder qf such 
company, but the person pledging such stock shall be con- persons piedgine 
sidered as holding the same, and shall be liable as a stock- i'*"'*^- 
holder accordingly ; and the estates and funds in the Funds in th-. 
hands of such executor, administrator, guardian or trustee h^n^i«<f(x«c«i- 

I <i 1 !• I I • 1-1 II tors liable. 

shall be liable m like manner and to the same extent a^ 
the testator or intestate or the ward or person interested 
in such trust fund, would have been if he had been living 
and competent to act and hold the same stock in his own 
name. 

§ 17. Every such executor, administrator, guardian or Admintstratori, 
trustee shall represent the share of stock in his hands, at ^■> '"''>''*"'• 
all meetings of the company, and may vote accordingly as 
a stockholder, and every person who shall pledge his stock 
as aforesaid may, nevertheless, represent the same at all 
such meetings, and may vote accordingly, a.s a stockholder. 

§ 18. The stockholders of such company shall be joint- sincui-cideri us- 
ly, severally and individually liable for all debts that may i^i^ to laborers. 
be due and owing to all the laborers and servants of such 
company for services performed for such company. 

§ 19. Any company which may be formed under this comr^iDymayin- 
act may increase or diminish its capital stock by comply- g[^\!® ''"'''*' 
ing with the provisions of this act ; but such increase shall 
not be to a sum more than the largest sum specified in the 
first section, and such deminution shall not be to a sura 
less than the smaller sum specified in said first section, capital M<kn-.t. 
Before such company shall be entitled to diminish the '" '*' '""'"" 



isii'U uutil 



amount of its capital stock, if the amount of capital stock *!''''^ ^''^ '• 
to which it IS proposed to be reduced, such amounts of 



is:u. 



116 



Wfca; «v>iitain. 



« 

debts anil liabilities sliall be satisfied and reduced so as not 
to exceed such diminislied amount of such capital stock. 
Uftv.iMi t-. •.•^- § -0. Whenever any such company shall desire to call 
cr***. or rti- ^ meeting' of the stockholders for the purpose of increas- 
H»uu> ->-x... _^^^^ ^^^ diminishing the amount of its capital stock, it shall 
^,..K..hcr*ot. btTtlie duty of the directors to publish a notice, signed by 
at least a majority of them, at least six successive weeks, 
as is prescribed in section three, previous to the day fixed 
upon for liolding such meeting, specifying the object of such 
meeting, the time and place when and where such meeting 
sluH be held, and t!ie amount to wliich it shall be proposed 
to increase or diminish the capital stock. A vote of at 
least two-thirds of ell the shares of stock shall be neces- 
sary to an increase or diminution of the amount of the 
capital stock. 
,r .:.<khou*w § 21. If, at any time and place specified in the notice 
.py-f*-- provided lor in the last preceding section, stockholders 

shall appear in person or by proxy, in numbers represent- 
infT not less than two-thirds of all the shares of stock of the 
»k»;iorgani»e. Company, they shall organize by choosing one of the di- 
rectors chairman of liie meeting; and also a suitable person 
for secretary, and proceed to a vote of thof^e present, in per- 
,^,.. son or by proxy, and if, on canvassing the votes, it shall 

appear that a sufficient number of votes have been given in 
favor of increasing or diminishing the amount of capital, a 
s-.T\.i\:itf. certificate of tlie proceeding showing a compliance with 
the provisions of this act, the amount of capital actually 
paid in, tlie whole amount of debts and liabilities of the 
company, and the amount to which the capital stock shall 
,1, ■;•.. n-.. be increased or diminished, shall be made out, signed and 
*nd Tcr-.tied. verified by the affidavit of tlie chairman, and be counter- 
sii-'ned by the secretary ; and such certificate sliall be ac- 
knowledged by the chairman, and filed as required by the 
first section of tliis act, and when so filed, the capital stock 
of such company slidll be increased or diminished to the 
amount specified in such certificate. 
E<nk to »^ Vf-.i «3 22. It sliall be the duty of the directors of every such 
w •i<^«'..fiders ^Qjjjpjjjjy ^f, causc 3 book kcpt by the treasurer or secre^ 
tary thereof, containing the names of all persons, alphabet- 
ically arranged, w!io are, or shall witliia six years have 
been stockholders of such company, and showing their 
ri»rt .1 f-i- places of residence, the number of shares of stock held by 
•i»rK« .iM tJjem respectively, and the time when ihey respectively 
became the owners of such shares, and the amount of stock 
»o.*or«n V. .B- act'ially paid in ; whicli book shrill, during the usual bus- 
"'*^'** iness hours of the day, on every business day, be opened 

for the inspection of stockholders and creditors of the cora- 
Wta'DMiwher- pany and their personal representatives, at the principal 
office of such company; and any and every such stock- 
bolder, creditor or representative shall have a right to 



u 



117 18o7. 



son rccpivin; 



make extracts from sucii book, and no tiansfer of stock 
shall be valid for any purpose whatever, except to render 
the person to whom it shall be transferred liable for the pc 
debts and liabilities of the company accord ini^ to tlu; pro- \'?:'X^" li-iJ^ 
visions of this act, until it shall have been entered therein uimi tnunci. 
as required by this section, bj" an entry showing to and 
from whom transferred. Such book shall be j)resumptive 
evidence of the matters therein stated, in favor of the 
plaintitF, in any action or proceeding against such com- 
pany or against any one or more stockholders. Every onueiwho mism 
officer or agent of such company, whose duty it shall be to iiiuu. 
keep such book, who shdll neglect any proper tntry in 
such book, or shall refuse or neglect to exhibit the same, 
or allow the same to be inspected, or extracts to be taken 
therefrom as provided by this section, shall be deemed 
guilty of a misdemeanor, and the company shall forfeit and '^n^'Ja'nor"'''^*' 
pay to the party injured a penalty of fifty dollars for every 
sUcii neglect or retusal, and all damages resulting there- 
from ; and every company that shall neglect to keep such 
books open for in-jppction, as aforesaid, shall forfeit to the compa-.iy to fo.- 
people the sum of fifty dollars for every day it shall so neg- 
lect, to be sued for and reco\ered in the name of the peo- 
ple in the circuit court of t ;e county in which the princi- 
pal office for the transaction of thj business of such com- 
pany shall be located, and when recov^ered the amount wiien ref<,ver*.i 
shall be paid into the treasury of said county for the use '^'^ om pai . 
thereof. 

§ 23. The legislature may at any time alter, annul or This act m^y bo 
repeal this act, saving and preserving all rights which may '"'^p'^''''^''- 
become vested under the same, and may amend or repeal 
any incorporation formed under this act or any act amend- 
atory of the same ; but such amendment or repeal shall not, 
nor shall the dissolution of any com, any formed under this Not to impMr 
act, take away or impair any remedy given against such "'"^^^y- 
corporation, its stockholders or officeis, for any liability 
which shall have been previously incurred. 

Approved Feb. 17, 1857. 



AN ACT to chanfic the state roaci from Knoxville to Rock Island. In foroe IM.. 13, 

'^ 1657. 

Section 1. Be it enacted by the people oj the state of 
Illinois, represented in the General Jissemhlij, That the 
state roid leading from Knoxville, in Knox couii'y, to st^ito road- g 
Rock Island, in Rock Island county, he altt-red or changed altered. 
as follows : commencing at the southeast corner of the 
northeast quarter of section 28, in township 13 north, range 



18oT. 118 

one east of the fourth principal meridian, ; running thence 
north on the h'ne between section 27 and section 28 one- 
hulf mile; to the corner of sections 21, 22, 28 and 27, and 
thence west one- half mile on or near the line between sec- 
ion 21 and 28, so as to intersect the said Knoxville and 
R»ck Islam! road at or near Larkin Robinson's dwelling; 
and th;>t so much of saiil road as runs angling across the 
northeast quarter of section 28 is berth} dechued vacated 
or annJilIed. 

§ 2 Tills act siiall be in force from and after its pas- 
satj;e. 

Afi ROVED Feb. 18, 1857. 



*" '*^J(^' '"* ^"^ '^^^ ^° lepeal an act therein named. 

Section 1. Be it enacfed by the people of the state oj 
Il/iiiois, represeyited in the Genera/ ^sscnih/t/, That so much 
'"'J^il*'* "' of the fifth section uf an act entitled "An act to change the 
time of holding courts in the seventh and thirteenth judi- 
cial circuits, and to regulate the practice therein, and in 
the Cook County Court of Common Pleas," approved Jan- 
WHiy 11th, A. D. 18h7, as applies to the thirteenth judicial 
circui' be and the same is hereby repealed. 

*^ 2. This act shall take effect and be in force from and 
afltT its passage. 

Approved Feb. 16, 1857. 



Fart <rf :,m1 v. 



lafar«4 Feb. KJ. AN ACT to vacate part of a state road therein named. 

1867. ' 

Section 1. Be it en acted })j) the people of the stale of 
Illinois^ 1-1 jjri'sniti d in Ihe (ienerat ^d^.strnh/i/^ That so much 
of the stntt' road lueatt-d'in the year A. D. 1838, Inading 
from Burlington, I<>wa, to Peoiia, Illinois, as runs «iiago- 
nally across scclions t<Mi, eleven and twelve, in town>hip 
eight north of the ba'ie line, in range two east of the fourth 
juiucipal meridian, l)»; ;iiid the same is hereby declared 
vacated. 

§ 2. This act to take effect and be in force from and 
after it^ pa^saee. 

.\ppRoVKD Feb. Iri, 18.57. 



119 1857. 

AN ACT to amend ''An act to exempt homesteads from sale on cxccu- i" f^r-e Feb. n, 

tion." '***'■ 

Section 1. Be it enacted hij the yeople of the state of 
Illinois, reprefsented in the General Assimhly, That the first 
section of *'Aii act to exempt homesteads from sale on exe- ccrtaiij Kecnoi 

cution," a|)j)roved Februar) 11, 1851, be amended by in- ^ "* 

serting after the words "subscribed by such householder," 
the words "and his wife, if he have one," it being the ob- 
ject of thi«! act to require, in all cases, the signature and 
acknowledgment of tlie wife as conditions to the alienation 
of the homestead. 

§ 2. This aet to be in force from and after its passage. 

Approved Feb. 17, 1857. 



iiiucudcd. 



AN ACT to ami^nd "An act to dispose of the swamp and overflowed lands, in force J*eb. 16, 
and to pay the expenses of selecting and surveying the same,"' approved ^857. 

June 23d, 1855. 

Section 1. Be it enacted hy the people of the state of 

Illinois ^represented in the General *^ssemblij, That when- supervisors to re 
ever the board of supervisors shall be satisfied that the fund money >• 

1 C 1 I 1 ] 1 *i • ■ certain i^scf. 

purchasers or any swamp land;*, sold under the provisions 
of an act to which this is amendatory, cannot have their 
titles perfected on account of prior entries from the United 
States, or any other reasonable cause, then it shall be their 
duty to instruct the drainage commissioner ol the county 
wherein such lands lay to refund the j)urfhase money to 
the purchaser or purchasers, if demanded by the same, 
within four weeks of such notification by said board to said 
commissioner, ind on failure to do so the commissioner 
shall forfeit and pay to the purchaser or purchaseis three 
times the amount of said purchase ininey, to be collected 
by suit on the bonds of said comraissicner as in such cases 
made and provided. /ctsrcpeakd 

§ 2. All act-3 and parts of acts inconsistent with the 
provisions of this act be and tiie same are hereby repealed. 

§ 3. This act to be in full force ai^d efiTect from and 
after its passage. 

Approved Feb. 16, 1857. 



1857. liiO 



taoifflrniit 



lufjre* April cc, AN ACT to KMse (he s'ate prnitentiary. 

IS4T 

Skction 1. Be it cnac/c(/ bjj the people of the state of 
I'/woiSy represented in the General *^sseinhh/^ That the 

ua« I. s K penitentiary of the state of Illinois, located at Alton, in 

**^' said state, and the labor of the convicts confined therein, 

siuill be and the same are hereby leased and granted to iSam- 

iiel K. Casey, his heirs, executors, administrators and assigns 

r,r« ycir., nv.a fof tljc term and space of live years from and after the lease 
of said penitentiary now held by Samuel A. Buckmaster 
shall expire, on the same terms and subject to the same 
conditions and agreements upon which said lease was 
granted to said Buckmaster, by an act of the legislature of 
the state of Illinois, entitled "An act to lease the peniten- 
tiary," approved March the first, in the year of our Lord 
one thousand eiglit hundred and forty- five (A. D. 1846:) 

pt.».w Prui'ii/ti/, that the third and eighth sections of said act 

shall not ap{)ly to the lease hereby granted, but the same 
are hereby repeale i; and the fiftli section of said act, 
which names the p'^rsons required as the said Buckmaster's 

fltrtiiia •«<ii n securitics on his bond, is hereby declared to be so modi- 

ilS'iltj. *"'' fied and changed that the security required from the said 

Samuel K. Casey, the lessee by virtue of this act, shall 

be approved by the governor; whicii said bond shall be 

executed and approved jjrevious to the expiration of said 

rtibt: pnMtt. Buckmaster's lease : Providedy that nothing in this act 
shall be so construed as to prevent the state at any time 
from using the labor of one hundred of the convicts of the 
penitentiary in constructing a new one, as may hereafter 
be provided for by law. For such labor a reasonable al- 
lowance shall be made from the state to said Casey : Pro- 
videdy that so soon as anew penitentiary shall be built and 

i^.«i -5 txX'M the one at Alton abolished that this lease shall extend to 
t.Mw pc:ii»*n- ^j^^ ^^^^ ^^^^ without damage to the state on account of 

the leasing of the old one. 
Approvi:d Feb. IG, 1857. 



UttJ. 



lafor«« AprilSO, AN ACT to relocate a portion of the Blalc roml Inadinp; fmm Carthage, 
I8.y;. in Huncock county, to Macomb, in McDonongh county. 

Section 1. Ih it enacted hy the people of the state of 
Idinuisy represented in the (ieneral ^/hsrrnhtfj^ That A. J. 
• -D.oi..ir>o<r. Grifft-th, John Camren and Patrick Ciiinhron, [bej and they 
are hereby appointed cominissioners to lo(;ate so much of 
the state road leading from Carthage, in Hancock county, 
to Macomb, in McDonough county, as lies within the coun- 
ty of Hancock. 



V. I>«M. 



121 1857. 

5 2. That said commissioners shall meet on or before c^mniisRioneri 

J to meet and b« 

the first day of Jane next after the passage of this act, or s^^*^"' 
as soon thereafter as possible, at the town of Carthage, 
and take an oath before some justice of the peace of Han- 
cock county well and truly to perform the duties required 
of them by this act. 

§ 3. When said commissioners shall have reviewed ^:^'"^jj,[*^t'*to^ 
«aid 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 Han- 
cock county as soon as practicable after the completion of 
the same; and tlie road so relocated is hereby declared a 
stale road, and so much of the old road affected by said oia road vacated. 
relocation is hereby vacated. 

§ 4. That the board of supervisors of the county of EspenseB, tow 
Hancock shall cause to be paid to said commissioners a 
reasonable compensation for their services and expenses 
in relocating said road, out of the county treasury of said 
county. 

§ 5. The said plat or record of the same shall be evi- ^^^^^^^^ ^^ ■■•- 
dence hereafter in all t!ie courts of this state of the re- 
location of said road, and it shall be the duty of the clerk 
of the county court of said county of Hancock to record 
said plat in the records of his office. 

Approved Feb. 16, 1857. 



AN ACT srivina: county courts jurisdiction in certain cases therein named. In force Feb. le, 
° 1657. 

Section 1. Be il enacted by the people oj the state of 
Illinois, represented ill the General Jlsseni'dy, That the sev- 
eral county courts in this state, sitting for the transaction bounty oowtii 
of probate business, shall hereafter have power, upon the of laua warrant* 
petition of the guardian or next friend of any minor child 
or children to grant orders for the sale or tran^fer of any 
bounty land warrant or warrants which may have been or 
may hereafter be issued to such minor child or ciiildien. 

§ 2. This act shall take eflect and be in furce from and 
after its passage. 

Approved Feb. 18, 1857. 



1857. 122 

iBforro Ft* Ms A\ ACT .0 authorize the sale of swamp niid overflowed lands in certain 
'^S' counties therein named. 

Skction 1. Be it enacted hy the people of the state of 
/f/inoi<!^ represented m the Geiieral *^ssem(di/. That the 

♦^txi-i .- > board of suppivisors of such of the counties of Kankakee, 

■^^' ' Livin<jj>5ton, Vermilion, Pi:Ut, Champaij^n, De Witt and 

McLean as have adopted to\vns!)ip organization, and the 
county courts of such of said counties as have not adopted 
township organization, be and they are hereby authorized 
and empowered to sell and dispose of at public or private 
sale fjr cash, or on a credit of one and two years, as to 
them may seem most advisable, at a price not less than 
Kir.muai r i-.v oue dolhr and twenty-five cents per acre, all of the swamp 
and overflowed land lying within the limits of their respec- 
tive counties, donated to them by the state of Illinois. 
At «p:ratif.n of § 2. All of SLiid lauds remaining unsold at the expira- 
ivT'wid.'^"'^* tion of one year from the passage of this act ra^y be sold 
as aforesaid for less than said sum of one dollar and twenty- 
live cents per acre. 
omcen w maije § 3. Said board of supervisors or said county courts, 
•mwwnaccitLc. j^g ^|jg pj^gp j^gy ^p^ gj,g liereby authorized to enter into 

and execute all written contracts necessary to carry into 
etfect said sale and disposition of said lands, and for the 
execution of conveyances to the purchaser or purchasers 
of the same. 
c<«TOTin'^<, ^ 4. In all of said counties acting under said township 

•^jn'cl,!..'" organization, said written contracts and conveyances shall 
be executed by a special commissioner, under his hand and 
private seal, to be appointed bv said board of supervisors^ 
and in all of said counties, not acting under said township 
orga.iization, said contracts and conveyances shall be exe- 
cuted by the judge of said county courts, under the seals 
of their respective courts ; and all and each of said writ- 
ten contracts and conveyances shall contain a true copy 
of the order of said board of supervisors or of said county 
courts as the case may be. 
»M i r » eut/-.wh.u § 5. All and each of said written contracts and con- 
Micnt bwding. veya^ctjg shall be so executed and shall be so construed 
as to bitjd the said counties respectively for no greater or 
bettf-r title than said cotuities may possess at the time of 
the execution of said written contracts or conveyances. 
in«<»a»- § ^' S*"Pl«"n eighth of an act entitled "An act to dis- 
pose of the swamp and oveiflowcd lands and to pay the 
experne of selecting and surveying the same," approved 
June '^3, 1H">2, and all laws and parts of laws conflicting 
with this act, so far as tli(;y relate to the counties herein- 
before named, are hereby repealed. 

§ 7. This act to take effect and be in force from and 
after its jj.issag*-. 

Approved Feb. 16, 1867. 



[.roEccotcd. 



123 1857. 

AN ACT to amenil an act entitled " An act to amend an act establiflhing in force Keb. le. 
county cotirta, approvedJ-'el) 12,1844. and fxtciulinn llie jurisdiction of ^^^''■ 
the of La Salle, Winnebago,Boone and McIIonry county courts,' ajipiovcd 
Feb. 27, 1854. 

Section 1. Be il enacted by the peojile of the ^tate of 
Illinuis^representedin the General Jlsfitinbly, That section 
four of tlie act to wliicli tliis is an aineiidment be and the '^iH^aud. '""' ** 
same is hereby r^-pealed so far as the same relates to the 
county of McHeiir} ; and all a])pealp and procee(]in(?s in 
the nature of ap|)ecils and wilts of cirtorari taken and Appcaia. 
prosecute ^ from tlie decisions and judgments of justices of 
the peace and other inferior tiibunals in said county of 
McHenry may be taken to and pro^secuted out of either "^ ^ 
the county or circuit court of said county, at the option of 
the person or persons appealing or suing out such writ; 
and all appeals heretofore taken, and which are still pend- 
ing and undetermined in either of said courts, shall be 
deemed to have been taken and pending to and in the 
proper court, anything in the act to which this is an 
amendment to the contrary notwithstanding. 

§ 2. Judgirents by coiuession may be entered in said t,.iu.Miion m 
county court of McHenry county in vacation, in all cases, ^^'^-^'^'o" 
by filing the proper and necessary papers with the clerk 
of said court, although the amount may exceed one thou- 
sand dollars. 

§ 3. Section eleven of the act to which this is an ^,'^^^"„^,/<J,^'^5 
amendment is hereby declared to extend to all cases there- cases. 
in mentioned, without regard to the amount or value of 
property therein and thereby sought to be afficted. 

§ 4. The judges of said court shall have j)ower to or- 
der the issuing of writs of habeas corpus^ ne exeat and in- 
junction, but all writs of habeas curjnis shall t)e returnable 
before some court or judge theieof having ciiminal juris- 
diction : Provided^ the provisions of thus act shall extend 
only to Mcilenry county. 

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

Approved Feb. 18, 1857. 



Writs of haiX'M 



AN ACT to establish a state road from Jfarinn, in Williamson county, to m force P«t. 18, 
De Soto, in Jackson county. ^^^^' 

Section I. Be it enacted by the people of the state of 
Illincis^ represented in the General ^fisf^embly^ That Ste- 
phen S. Hall, of Jackson county, and William Hinchcliff commissioner* 
and Robert M. Huntly, of Williamson county, be and they »«'"'^''*«- 
are hereby appointed commissioners to lay out and estab- 



1S57. 124 

lish a state road, wliich shall commence at Marion, in Wil- 
iistn^on county, and run to Fredonia, in said county, and 
tiunce to De Soto, in Jackson county, crossing Big Muddy 
river at or near Mursliall Shoals. 

c««tt:«i n -» ^ il. It shall be the duty of said commissioners to i>ro- 
*•**"" ceed to Marion, in the county of Williamson, on the first 
Monday of April after the passage of this act, or as soon 
thereafter as they may find it convenient, and after having 
been sworn by sjme acting justice of the peace, of said 
county, to \ iew, mark and locate a road, as above desig- 
nated, having due regard for private nro|)erty. 

u»«»p:»t ^ 3. When said commissioners shall iiave laid out and 

estatdi-jhed the said road as aforesaid they shall make out 
and deliver to the clerks of the counties through which 
said road passes a copy or plat of said road, which plat, 

r.m'ir<atz!cori wiieu SO rcccivcd by said clerks, shall be entered of re- 
cord in iheir several offices, and said entries, when so made, 
shall be evidence in all courts in this state of the existence 
of said road. 
h w § 4. The county courts of the said counties through 
which said road passes shall allow to the said commission- 
ers and to the said clerks a reasonable comj)ens?tion for 
their services, rendered as aforesaid, in proportion to the 
amoui t of labor performed in each county, approved Feb. 
14, 1855. 

^ 5. This act shall be in force from and after its 
passat^e. 

Approved Feb. 18, 1867. 



V^4 



I* r»-l<Aat' 



ta (««• Fti 18, AN ACr to relocate a portion of the state road leading from Ottawa to 
•*"• Dai.viile. 

Section 1. Be it enacfed hi/ the pfuplc of the. slate of 
lllinnif^ represeutt'd in the General ^/Is-fiemhlij, That Dan- 
•un'M iel Fairc!iild, Ilezekiah Miner and Owen Davis be and 
they are hereby appoiiit'Ml commissioners to relocate so 
much of the state road leadin*; from Ottawa to Danville 
a^ lies in township tw'nty-one north, of ranges twelve and 
thirteen west, in VVr ailixi county, having due regard to 
piivate property ami the convenience of the public. 
M«ri Md t<i § '2. That said c xciini-^-^i niers shall meet at the court 
house in D-inville on or tj^fore the first Monday iti May 
nexl atfcr liie pusa^i^ of tiiis act, or as soou tln-rcatter as 
praoticable, and lak'; an oatli I), fore some justice of the 
peace of said county, well and truly to perform the duties 
required of them by this act. 



•woTB. 



1-23 IRfj?. 

§ 3. When said commissioners shall have reviewed ^'''''i'''"- 
the 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 it bel'ore the board of supervisors of said county 
of Vermilion as soon as practicable alter the completion of 
the same ; and the road so located is hereby declared to be oia ruad vaciiiex 
a state road, and so much of the old road as may be affect- 
ed by said relocation is hereby vacated. 

^ 4. The said plat shall be evidence hereafter in all i*';'* 'o''e'««'f'*- 
courts of record in this state; and it shall be the duty of 
the clerk of the board of supervisors of the said county 
to record said plat on the records of his office ; and said Kxpeniee.. how 
board of supervisors shall allow to said commissioners a '"*' 
reasonable compensation for the services required by this 
act 

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

Approved Feb. 16, 1857. 



AN ACT to establish a r'^gister's office in the city of Cairo. • m forcp Feb. n, 

1867. 

Section I. Be it enacted by the people of the state of 
Illinois, rejiresented in the General Assemhhj^ That there Regist^r-g offlo* 
shall be and is hereby established in the city of Cairo a 
register's oSce, with a common seal, to be provided by 
the town trustees or city council, in which all deeds, mort- 
gages and other instruments of writing, conveying or re- 
lating to lands lying in said city and in township seventeen 
south, range one west of the uiird principal meridian, shall p^tyo, register, 
be recorded; and it shall be the duiyof the register of said 
city to record all such deeds, mortgages and other in- Books, 
struments of writing aforesaid, in proper and well hound 
books, to be provided by the town trustees or city council 
for that purpose; anJ all siich deeds, mortgages and other 
instruments of writing so recorded in the register's office 
shall have the same force and effect as if the same had been 
filed and recorded in the recorder's office of Alexander 
county; and the said register shall be entitled to receive j,,g, 
the same fees as are allowed to recorders of deeds in t'le 
state, and he shall perform all the duties within the said 
city and township, and be subject to the same lii^bilities as 
are required of county recorders in this state. wioBiaii u r«- 

§ 2. The clerk for the time being of the court of com- 8iBt«>-. 
mon pleas of tlie city of Cairo shall be, cx-o'Jicio, the regis- 
ter of said city, and shall perform all the duties in said city 



1S.57. 1:^*5 

and in ttwnsliip seventeen south, range one west of tlie third 
principal meridian, now reciuired ut the recorder of Alexan- 
der couniy. 
Tf** >nMrrA, § 3- L^-'y'i L- Lightnor, the prc.-ent recorder of Alex- 

lirLt'jt'v"'' 4»»'J«-^r oounly, sh.ill be allowed and paid by the city of Cario 
the full ees for copying and certifying ail such deeds and 
iuort<»ages and otiier entries attecting the title of lands 
withm said liinits; and when the whole of a book or books 
of record in his otlice contains nothing but evidence of title 
in township seventeen south, range one west, that he may, 
if he ihiiiiis proper, deliver such book or books in lieu of 
certified copies, and ')e entitled to receive the same fees 
as if he had copied the same, to be paid by said city of 
Cairo to him; and such deeds, mortgages and other title 
papers as shall be recorded in books with other title papers 
not relating to or atfecting lands within township seventeen 
south, r mge one west, the said Levi L. Lightner shall 
cause to be correctly copied in well bound books, to be 
furnished him by the city of Cairo. 

B«»M*r of A-- ^ 4. That the recorder of Alexander county shall sep- 

*Ji^t/ ''' " arately certify at tlie foot of each deed and mortgage, and 
the f^ct that the same is correctly copied from the records 
of his said office; and when said copies are so made of all 
tlie deeds, moitgagcs and other evidences of title papers 
relating to or atfecting land in said township seventeen south, 

»«iivi>r to cv:t range one west, the same shall be delivered over to the 

"*"*' clerk of the court of common pleas in and for the city of 

Cairo; and the said city of Cairo shall pay said Levi L. 
Lightner ten cents for every one hundred words, and the 
sum of twenty- five cents for each certificate, the payment 
ol his said fees to be made prior to the delivery of said 
record'. 

«j»:«t.T>j<i- cv- ^ 5, Copies made from the books in which tlie deeds, 
mortgages and other writings shall be copied as aforesaid, 
certiii^id by the register of tlie city of Cairo, may be used 
as evidence, prinia facie^ of the existence and contents of 
the original deeds, and of the time of the original record- 
ing of the same, in the same manner and to the same ex- 
tent and shall be of the same validity and effect as certi- 
fied opies from tie recorder of Alexander county, made 
by the recorder tlicreof. 

A4diu<k?>- f •• § (5. The recorder of Alexander county shall be allow- 
ed, in addition to hi'? other fees herein provided, ten cents 
for his servic«!S aiul the use of his office for each deed, mort- 
gage; or other writing copied under the provisions of this 
act, whicii shall be paid by the town or city of Cairo. 

§ 7. Tlie register of said city shall keep his office 
within the boundaries thereof, in a safe and convenient 
place, to be provided for that purpose by the town trustees 
or city council, and from and after this act shall take effect 



R«(iJter't Astr- 



127 18 



bi. 



the said register's office shall be and remain to all intents 
and purposes the place in which to record deed^, mort- 
gages and title papers and other instruments in writing, re- 
lating to lands witliin the limits of said city and of town- 
ship seventeen south, range one west of the third principal 
meridian; and all copies of such deeds mortgages and other C'pIch tobeeri- 
instruments in writing from the records of said office, duly 
certified under the seal of said office, shall have the same 
force and effect as certified copies made by other record- 
ers. 

§ 8. The plats of any lands adjoining the city of Cairo piats hereafter 
which may be hereafter made with a view to become in- ' '" 
corporated with the said city, and might be so incorporated, 
if filed in the recorder's office of Alexander county, shall 
be recorded in the office of the register of the city of Cairo, 
and such recording of plats shall liave the same effect as if 
the same were recorded in the office of the recorder of 
Alexander county. 

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

Approved Feb. 17, 1867. 



made to bo 



AN ACT to amend the law for the consolidation of railroads. lu force Feb. J6, 

1857. 

Section 1. Be U enacted hy the people of the state of 
Illinois, represented in the General Assembly, That it shall 
not be lawful for the Great Western Railroad Company of Great westftnu 
Illinois, or for the directors thereof, to consolidate their "^ «'°''"*- 
railroad with any road out of the state of Illinois, without 
having first obtained the written consent of the stock- 
holders of said road residing in the state of Illinois ; and 
any contract for such consolidation which may be made 
without having first obtained said written consent, signed without consent 
by the resident stockholders in Illinois, shall be null and atocfehJweM."* 
void. 

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

Approved Feb. 16, 1857. 



1S5T. 



128 



)arorc« Fib. IS, AN ACT to ampiiil '-An act ost.iblishing county courts,-' approved Feb. 
J^"*- 1-J. 1S19. ami .•xto;u!iii!: the jurisdicton of the county courts of the counties 

of Lee and Whiteside. 



Ai*dtuoa.\: r «■ 



Inctoinccr.T 



is TirM . n. 



rnvn, hvw cse- 



Jcdzmonts ty 
•r>pfc»-ion. 



T«nn« of conrt. 



fYtrHdrA '•lerk 
tbcll adjourn. 



JiirtM to lie 



Section 1. /?«' if enacted hi/ the people of the state o J 
Illinuia, rcpre^cnteil in the General ^'hseiiihli/^ That in ad- 
ilition to the powers lieretofore granted and conferred upon 
the county courts of this state, the county courts of the 
counties of Lee. and Whiteside sliall Iiave jurisdiction in all 
civil cases, suits and actions and proceedings, both in law 
and in chancery, wlien tlie amount due and claimed or the 
value of the property shall not exceed the sum of fifteen 
iiundred dollars; and the judges of said coiuis shall have the 
same powers in vacation as are vested in the judges of the 
circuit court of this state. 

§ '2. T.'ie writs and processes of said county courts shall 
be issued and executed in the same manner as the writs 
and processes of the circuit courts of this state and tiie 
rules, proceeding and j)ractice not herein otherwise pro- 
vided for, shall conform as near as may be to the rules, 
proceedings and practice of said circuit courts; and ail fines, 
order?, judgments and decrees of said county courts shall 
be and remain a lien upon the land, tenements and real 
estate of the person or persons against whom the same may 
be obtained, for the period of seven years from the last day 
of the term in which the same shall be entered ; but no 
final order, judgment or decree shall be entered in vaca- 
tion, except juijgments by confession, which may be entered 
at any time upon filing the proper papers with the clerk 
of said court, and shall have the same force and effect from 
the time of entry as if entered in term time. 

§ 3. There shall be four terms of said county courts 
held in said counties in each year, for the transaction of 
business, the jurisdiction whereof has been, hereby is 
or may be conferred by the general assembly upon said 
courts and not otherwise provided for, v/hich shall be 
called and known as the March, June, Augufjt and Decem- 
ber terms, and shall commence on the first Mondays of 
said rnoJilhs of March, June and December, and upon the 
third Monilay of the said month of August, and may con- 
tinue open until its business is disposed of. If the judges 
of said courts shali not attend before four o'clock in the 
afternoon ol" the day when said courts should be held the 
sheriffs or clerks shall adjourn said courts till the next day, 
and if the said judges sliall not attend t)efore six o'clock of 
the second day the sheriffs or clerk shall adjourn the court 
with >ut day. 

§ 4. Traverse juries for the June and December term 
of Haid cotirt, and for such other terms as hereinafter pro- 
vi(l»<l ff)r, shnll be selected or ordered to be summoned or 
returned, in the same manner as they are or may be selected 



r.rcntl 

09urLin:orvoii«> 



129 1857. 

and summoned, or ordered returned for circuit courts in 
said counties, they shall be entitled to and paid the same 
fees in like manntT, and possess tlie same qualificatioiiS, peen. 
and be liable to the same penalties and punishments; they 
shall have the same benefit of the same excuses and ex- 
emptions, shall take the same oaths, and possess the same 
powers, and be governed in all their proceedings in the same 
manner as is or may be prescribed, allowed and imposed 
in the case of jurors in the circuit courts; and the judges Judges may c»u»« 
oi said courts may ii they deem it necessary lor the trans- luuued. 
action of business, require a jury to be summoned and re- 
turned for the trying of all issues and matters at the March 
and August terms of said courts, and said jurors shall be 
entitled to and subject to all the provisions of this section 
contained. 

§ 5. Appeals and proceedings in the nature of appeals Appeal*. 
and writs of certiorari taken and prosecuted from the de- 
cisions and judgments of justices of tlie peace and other 
inferior tribunals in said county, shall be taken to and 
prosecuted out of said county court, except where a reg- 
ular term of tiie circuit court of said counties shall inter- wh 
vene between the time rendering judgment or making 
divisons and the next term of said county courts, in which 
case appeals may be taken to or writ sued out of either the 
circuit or county courts. 

§ G. Appeals and writs of error from the orders, judg- Appeai«, &€..»• 
ments and decrees of said county courts to the supreme ^"!»'^^'"<' ^o"' 
court shall be had and taken in the same cases, and pre- 
sented and conducted in tlie same manner as is or may be 
provided by the laws of this state for taking appeals and 
writs of error from tiie circuit courts. 

§ 7. Tlio clerks, sheriffs and other officers of said courts Fees saine a»i> 
and witnesses shall receive the several fees and compen- °^^'^^^ ^'"^ ' 
sations that now are or hereafter may be allowed for simi- 
lar services and attendance in the circuit courts, and may 
be recoverable, collected and paid in like c^ses and man- 
ner as such fees now are or hereafter may be in said circuit 
courts. 

§ 8. There shall be taxed and collected as costs in cenain fee« i»x- 
every suit or proceeding in said county courts, in every edaecoBto. 
suit begun by writs, bill or petition, the sum of two dol- 
lars, and in every judgment by confession the sum of one 
dollar, if said judgment does not exceed the sum of one 
hundred dollars, but if said judgment exceeds the sum of 
one hundred dollars and does not exceed the sum of two 
hundred and fifty dollars, then tv/o dollars shall be taxed 
as costs, and if the said judgment shall exceed the sum of 
two hundred and fifty dollars, but does not exceed the sura 
of five hundred dollars, tlien three dollars shall be taxed 
as costs, and the sum of five dollars shall be taxed as costs 
—9 



185T. 



130 



rat4 wjutUe. 






lUolu ; 



J«ni«Iic(i«c of 



WATtU, &< 



if said judgment so entered by concession as aforesaid sliall 
exceed t!ie sinn of five hundred dollars; there shall also be 
taxed as the costs of said courts, for each final order, 
judijment or decree of saiii court, the sum of fifty cents, all 
of which costs wlien so taxed and collected shall be paid 
over to the judge of said court. 

§ W. There shall be paid to the clerk of said courts, 
upon filing any application for letters testamentary or of 
administrator or of guardianslup, the sum of fifty cer.ts, and 
upon filing any application of securities or otiier persons 
for relief or for revoking or repealing letters testamentary 
or of administrators or of guardianshij) the sum of one dol- 
lar; all of w.iich sums shall by the clerk be paid to the 
judge of said court on or before the first day of each term, 
an'i may be taxed and collected with the other costs by 
fee bill or otherwise, according to the practice of the 
courts. 

§ li'. The clerks of said courts shall provide all neces- 
sary bcoks, stationery and fuel for their offices and presses 
for the safe keeping of the archives thereof, end the board 
of supervisors sliall from time to time make allowances for 
the same from the county treasury. 

§ 11. The said county court shall have jurisdiction in 
all cases of petition or bill for writs ad quod damnum., and 
shall have concurrent jurisdiction with the circuit court of 
«w*te of siad counties in all case", and applications for the sale of real 
estate and interest therein of wards by their guardians for 
the partition of lands, real estate and interest therein, for the 
assignment and settlement of dower, for the removal of 
guardians and executors, for the settlement of the estate of 
the deceased ])ersons, and for the sale of real estate and 
interest therein of deceased persons, for the payment of 
debt of decedents, by executors or administrators. 

§ 1:^. Changes of venue may be taken from said courts 
either to the circuit court of said counties or at the option 
of the court granting the change to the county court of the 
adjoining counties having a like jurisdiction in the same 
manner as is now provided by law for changes of venue in 
the circuit court of said counties. 

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

Ai'pRovED Feb. 18, 1857. 






131 1857. 

AN ACT to loi-ale and buLIJ an addilional penitentiary. in force Fe^. i», 



1807. 



Section 1. Be it enacted by tJie jjcojjIp. of the slate of 
Illinoia^ represented in t/ie General >.^sseinl)/ij^ 'J'liat David 
Y. Bridges, of Johnson county, Cliauncey L. Higbee, of Comini5(iic)r(«r« 
Pike county, and Nelson D. El wood, of Will county, be "^ ''«'«'"'• 
and they are hereby appointed commissioners, with full 
power and authority to select and obtain by purchase or 
otherwise, for the state, a suitable site for a pcMiitcntiary, 
and also obtain for the state, by })urchase or otherwise, 
contiguous to or in tho vicinity of such site for such pen- 
itentiary, such other lands and stone quarries as they shall 
deem for the best interests of the slate, and to procure 
drafts and specifications for and cause to be erected and 
built on said site a building or buildings of stone, with such nuUd prnitw- 
other Tnaterials as shall be requisite, of sufficient strength ^"'^' 
and durabilitj', with cells for tiie convenient confinement of 
convicts, with guard rooms, work shops and yards, dining, 
cooking and wasli rooms, hospital, chapel and rooms for 
the keeper or keepers, and in all things to arrange the 
same upon the most advisable plan, in their judgment, both 
to convenience and utility, for a public penitentiary, and 
of sufficient capacity for one thousand cells for convicts ; 
to inclose or cause to be inclosed, with good and substan- 
tial walls of stone, sufficient ground for all necessary yards, 
to be paved and covered with good flagging stones, or 
both, as far as may be necessary, and with full power to 
make all necessary contracts, subject to the provisions 
herein contained, and to employ such agents, overseers and 
workmen as they shall deem necessary : Provided., that 
said commissioners shall not have the power to bind the 
state by contract for any greater amount than is hereby 
appropriated by this act, over the procee-^s of the sale of 
the grounds and buildings of the old penitentiary at Alton ppniteiitiurr at 
until otherwise ordered by the general assembly; and they ■*"*"• 
may contract for the construction of such part of the work 
in this section specified without making an}' arrangepients 
as to the residue thereof. 

§ 2. That the said commissioners appointed under ond CommiMioncM 
by virtue of this act, before they enter upon their duties keep alvoun^ii 
hereby assigned them, or receive any moneys, shall give 
their bonds, with three or more sureties, to the state of 
Illinois, jointly and severally, to be approved by the gov- 
ernor, in the penalty of fifteen thousand dollars, condi- 
tioned faithfully and punctually to perform the duties re- 
quired of them by this act. It shall be the duty of such 
commissioners to keep an accurate account of all monejs 
received and paid out by them, and to make a detailed re- 
port of all expenditures by tliem made, and the condition 
and progress of said buildings and work, and of all matters 



and things connected therewith, as well as tlieir actings 
and doings in tlie premises, to the auditor of public ac- 
counts, annually, on the first INIonday of January, in each 
year. 

■«i I - u \c 5 ••• Said commissioners shall, as soon as practicable 
after the passage of this act, procure the ground for the site 
of said peait;'ntiary, and such other land and stone (juarries 
as t jey shall deem for the interest of the state, wliich are 
hereby provided for, and procure the titles thereof, to be 
made to the state, and shall proceed to erect and build or 
cause to be erected and built such part and portions of said 
penitentiary buildings as may be needed for the immediate 
use and occupancy of convicts, to the unmber of not less 
than one hundred. 

••uTi.u ^ .[. That said commissioners are hereby authorized 

and empowered to employ such and as many of the con- 
victs confined in the ptnitentiary at Alton to labor upon 
t!ie penitentiary buildings hereby authorized to be erected 
and the other works, as they may deem expedient and as 
they can contract with the lessee or warden of the pen- 
itentiary for, and for the best interest of the state, as soon 
as said penitentiary buildings are far enough advanced to 
safely keep such convicts. 

jL>pc«put..D. § ,3. That there be and is hereby appropriated the sura 
of seventy-five thousand dollars for the purchase of lands 
authorized hereby and the erection and construction of 
the buildings and other works and appurtenances hereby 
authorized and paying the expenses and charg(^s incident 
thereto and keeping and providing tor convicts committed 
to said penitentiary ; which said money shall be paid to 
said commissioners out of any money in the treasury not 
otlujrwise appropriated, on the warrant of the auditor of 
jiuhlio acco ints, in sums of not exceeding ten thousand 
dollars at any one time. The auditor of public accounts 
is hereby authorized and required to draw his warrant on 
tiie treasurer for the money hereby appropriated on re- 
ceiving a certificate of said commissioners that such moneys 
are necessary for the purpose contemplated by this act, 
in Mims not exceeding at one lime, ten tliousand dollars: 

KroTii. /'ruvided, that after said commissioners shall have drawn 

any amount of money by virtue of this act they shall not 
be entitled to draw or receive any more money by virtue 
l.fr* of while there shall remain in their hands unexpended 
th.'; uTnouiit of over one thousand dollars ; and they shall 
produce to the auditor of public accounts proper vouchers 
showing the expenditure of such moneys. 

§ G. Th e said commissioners shall procure all necessary 
iinjilcments, tools arid machinery to be used by the con- 
victs on anrl about the building and erecting said peniten- 
tiary buildings, works and appurtenances, and procuring 



Ko^or* Bt'eri 



133 1867. 

the stone and necessary materials therefor, and shall fur- 
nish or cause to be furnished all necessary food, clothing and 
medical attendance for all convicts committed to said {)en- 
itentiary ; they shall caiise to be sunk and constructed all 
necessary wells and cisterns, and shall cause to be con- 
structed all necessary sewers and drains for carrying off 
water and filth from said penitentiary. 

§ 7. That the convicts wiio sliail he committed to s^^id c.r.virfs <• ki 
penitentiary shall be required to labor on and about the *^'"''^''''""- 
buildings and other works in the construction of said {pen- 
itentiary and in getting out and preparing materials there- 
for until the same shall be completed, whenever, in the 
opinion of said commissioners, or any two of them, ihey 
shall be so employed. 

6 S. That the laws, rules and regulations for the gov- ■^''*' '•"'• '• 

3 .', .O. i»i r i-'ovcrn omv«r». 

ernment and conducting of the penitentiary at Alton, so lar 
as they will apply, shall be applicable to the government 
and conducting of the penitentiary hereby created, except 
when the same shall come in conllict with this act. 

§ 1). That the commissioners shall have the power and 
are iiereby authorized to appoint, employ and pay all neces- 
sary overseers, guards, keepers and laborers on in or about 
said penitentiary, and for the safe keeping and care of con- 
victs committed thereto. 

§ 10. That whenever said penitentiary shall be suflR- convici? to i-8 
ciently advanced in the construction thereof lor the ac- peuitcmiary. 
commodation and safe keeping of convicts, the said com- 
mitsioners shall certify tiiat fact to the secretary of state, 
and the secretary of state shall thereupon notify all the 
judges of the circuit and other courts in the third grand 
division of the state v^herein convictions can be had with 
power to send to the penitentiary ; and from and after such 
notice all convicts sentenced to the penitentiary by any 
court in said third grand division shall be committed to the 
penitentiary iiereby authorized to be built; but in case all 
so committed cannot be accommodated therein, then such 
portion as cannot be so accommodated shall be by the 
officer or officers having such convicts in charge taken to convicto tn n* 
the i)enitentiary at Alton. The keeper or warden of such 
penitentiary shall receive all such convicts. 

§ 11. The commissioners hereby aj>pointed or who shall ^durT*'a''.',°"*^h{V 
be appointed by virtue of this act are fully empowered to »3'J- 
do and perform every thing necessary to fully carry into 
effect the provisions and requirements of this act; to per- 
form any and all necessary journeys for that purpose ; and 
they shall each be allowed and paid the sum of five dollars 
for each and every day's service necessarily rendered or 
pertbrmed by them respectively under and for the purpose 
of carrying out the provisions hereof. Said commissioners -i«ii ttocp a*. 
shali keep accurate accounts of their said services and ««d. 






1857. 1S4 

expense?, ano submit the same from time to time to the 
auilitor of public accounts, aud tlio said auditor shall allow 
and cortify what he shall find to be justly due to said com- 
uiissioners, and file said certificates of allowance in his 
otfico and issue his warrant on the state treasurer therefor; 
and the treasurer shall pay the same out of any moneys in 
tlu' treasury not otherwise aj)propriated. 
TxMi.r. how ^ 1'2. Tual any two of said commissioners are hereby 

*""'' authorixtd to act, and to transact any and all business 

liei ein provided for as fully as if all M'ere present. In case 
of the death, removal, refusal or inability to act of anyone 
or more of such commissioners, or of the temporary absence 
of a!i) one or more of them, the rejnaining commissioner or 
commissioners, as the cc.se may be, siiall appoint another 
or others to fill such vacancy or vacancies, cither perma- 
nently or temporarily as the case may be, and every such 
appointee sliall give bond with three or more sureties, as 
rr.Ti.0. herein directed : Prarii/ed, that in the event of any tem- 

porary api)ointment under the provisions of this section, 
tlie bond may be approved by any one or more of the other 
commissioners, 
imiotiers ^ lo. That the commissioners appointed under and by 
virtue cf this act, for the pur| ose of insuring the comple- 
tion and fulfillment of all contracts entered into for the con- 
struction of any j)ortion of the work herein authorized, or 
for furnishing materials therefor, are hereby required to 
take bonds from all persons who shall contract for such 
work, with good and suffieient securi'.y, conditioned for the 
faitliful perlormance of their undertaking; which bonds 
shall be executed to the said commissioners for the use of 
the people of the state of Illinois ; and for any violation of 
the conditions of said bonds, the commissioners shall have 
power, and arc hereby authorized to commence and pros- 
ecute suits on the same in any court of competent juris- 
diction. 

M.fM-'mv'r;- t 1^ 'p|,g J, j(j commissioners, if they believe the inte- 

w-ui'r. rest of the state will be promoted thereby are hereby author- 

ized and empowered to use, as far as practicable, the ma- 
terial of the old penitentiary at Alton in the erection of the 
new one, and to incorporate both penitentiaries into one, 
and to sell such of the materials of the old one as may not 
be ii'M-ded in and about the erection of the new one, and 
malie such contract with the city of Alton concerning the 
tilhr of th(! prison grounds as they may deem for the best 
ifil»r< sfs of the stato, and also to srdl and convey the ground 
owned by tlx- state, in the city of Alton, npon which the old 
penilJMitiary stands, to the best advantage, either at ])ublic 
auction or otherwise, and apply the proceeds thereof in and 

r-*«i44 about the ereetion of the n(;w one : Provided^ that if the 

said commissioners shall determine that the interest of the 



135 1857. 

state will be better promoted by having? but one penitentiary, 

any existing lease on the old one shail be transferred to the 
new one, and be Iield as applying to it as fully and com- 
pletely as though the same had been originally given there- 
on or executed therefor. 

5 1.'). It shall be the duty of the governor, by and with Sv.pr int«'n.i«'.t 
the advice and consent ot the senate, to appoint a sujierin- 
tendent of tlie penitentiary, who sliall hold his othee for 
two years, and until his successor is appointed and quali- 
fied, whose duty it shall be to reside at the location thereof, 
and to exercise a constant, careful and watchful supervi- 
sion over the prisoners confined therein ; and to see that 
th'^y are properly fed and clothed and provided for in sick- tuiy. 
ness, and that no inhuman or cruel treatment shall be in- 
flicted upon them, and for this pur[)ose he shall at all times 
have free access to said prison, and to every department 
thereof, at his pleasure. No prisoner shall be punished 
without his written permission, nor with it in any cruel or 
inhuman manner; and any lease granted by the state to any 
person or persons upon or for said penitentiary shall be sub- 
ject to the provisions of this section. 

§ 1(3. Said superintendent shall report quarterly to the snppdntendeBt 
governor the condition and treatment of the convicts in the '"^*^'"' ' 
said penitentiary, and take an oath to faithfully perform his 
duty, and shall receive as a compensation for his services 
the sum of one thousand dollars per annum, to be paid ^ 

quarterly out of any money in the state treasury not other- 
wise appropriated ; and the auditor ot public accounts is 
authorized to issue his warrants therefor on the treasury, 
and to deliver the same to the said superintendent. In 
case the commissioners appointed under the provisions of 
this act shall not deem it for the best interest of the state to 
discontinue the old penitentiary at Alton, and merge it into 
the new one to be erected, then and in that case it shall be 
the duty of the orovernor to ai)point another superintendent Another tnip«i*- 

n 1 • • iiiii ij-iiii tendcnt to M 

for the new penitentiary, who shail be vest' a with the same appoioted. 
powers, be subject to the same regulations and require- 
ments and receive the same compensation as the superin- 
tendent of the penitentiary at Alton receives. 

§ 17. The law authorizing the appointment of inspec- Law repeaJM** 
tors of said penitentiary is hereby repealed. All the duties '^ ^q***"*^"- 
devolving on said inspectors or which are now by law re- 
quired to be performed by them, shall devolve upon and 
be performed by the superintendent of the penitentiary. 

§ 18. In addition to the amount which the lessee of said l«>?^pp u raj « - 

.... Ill • 1 J ii i. 1 diliunal •■•. 

penitentiary may be by law required to pay the state an- 
nually for the use of said penitentiary, he shall expend the 
sum of five hundred dollars for the purchase of a suitable 
library for the use of the prisoners confined therein ; and 
the said prisoners shall have free access to said library on 






each and t-very Sabbatli, under the direction of the super- 
intendent, who shall take charge of the same, and see that 
it is: properly prcser\ ed. 

fi li'. If any case of insanity shall occur in the state 
ponittntiary, the patient shall at once be removed therefrom 
to the insane hospital, at Jacksonville, at the expense of the 
state ; and should said patient recover before his or her 
term of service expires in said penitentiary, he or she shall 
be returned thereto, unless j)ardoned by the governor; 
the insanity, in all cases, to be determined by the prison 
physician. 
ie." ^ 1^0. The said commissioners shall not expend any 

l_ , . money or make any contract binding upon the state until 

*-»•*»'*•• after they have ascertained the extent and quality of land 
required for tlie use of such new penitentiary, and also a 
suitable site for the same, together with its cost, also the 
extent and quality of stone quarries necessary to be j)ur- 
cliased for tiie use of such penitentiary and the cost of pur- 
chasing the same, also the best })lan upon which to con- 
struct such penitentiary with detailed estimates ot its cost, 
and report the same to a board to be composed of the gov- 
ernor, auditor and treasurer of this state,; and if the said 
board shall approve of the selection of a site and a plan of 
constructing said penitentiary, and also of the cost as well 
as tlie cost of such lands, in writing, then the said commis- 
^ sioners may proceed to the execution of the powers and 

duties prescribed in this act in conformity therewith. There 
i«iu^»i wm- shall be associated with the above named commissioners, 
the following persons, to wit : William McMurtry and Wil- 
liam B. Plato, whose duties, powers and responsibilities 
shall be the same with those of the other commissioners, and 
in case of the happening of any vacancy in the said board, 
the governor of this state, by and with the advice and con- 
sent of the senate, may fill the same. The said commis- 
sioners shall proceed to advertise for sealed proposals for 
the construction of the said penitentiary according to the 
plans approved as aforesaid to such extent as is contem- 
plated by this bill, and they shall award said contract to 
the lowest bidder for the whole or any part thereof who 
shall offer satisfactory security for the performance of the 
contract. 

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

Approved Feb. 10, 1857. 



mtmntr.ft 



137 1857. 

AN ACT to locate a state road from Bloominsjtoii, in McLean county, to in rorceApriiao. 
the state line of Indiana. '®^''- 

Section 1. Be it enacted hy the people of the state of 
Ulinuis^ represented in the General »/isseTn!t/y, That Linus 
Gravt'S and William Thomas, of McLean county, and Alvin ConimiwioMn 
Gilbert, of Vermilion county, be and they are iiereby aj)- 
pointed commissioners to lay out and establish a state road, 
beginning at the southwest corner of section three, town- 
ship 'I'd north, of range 2 east, at Bloomington, in McLean 
county ; and running thence due east on section lines, as 
near as practicable, through McLean and Vermilion coun- 
ties, to the state line of Lidiana. 

§ 2. Tiiat said commissioners shall meet on the third Toicewom. 
Monday of May next or as soon thereafter as convenient, 
at the city of Bloomington, and take an oath before some 
justice of the peace of McLean county, to perform the duties 
required of them by this act. 

§ -J. When said commissioners shall have viewed and Mait; and «• re- 
established said road, it shall be their duty to make their "^y 
report, accompanied with a plat of said road, and shall file 
a copy of such report and plat in the office of the county 
clerk of each of said counties of McLean and Vermilion, 
which plat when so filed shall be evidence in all courts of 
this state of the existence of said road. 

§ 4. The county court of each of said counties through Expenses, ii»w 
wliich said road passes, shall allow to said commissioners a '^^''^' 
fair and reasonable compensation for their services afore- 
said, in proportion to the amount of labor performed in 
each county. 

Approved Feb. IT, 1857. 



AN ACT to repeal the sixth section of an act entitled ''An act to amend I" ^wca 5'«fc. M, 
the act entitled 'Fees and Salaries,' chapter forty-one, Revised Statutes, '®^- 

and to revive section seve-i, of chapter 41, of Revised Statutes." 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
sixth section of the act approved February 12th, 1849, en- certain reetHa 
titled "'An act to amend tiie act entitled 'Fees and Sala- '/j^" *''"'^^^*' 
riesj' chap. 41, Revised Statutes," be and the same is hereby 
repealed. 

§ 2. That section seven, of chapter forty-one, of the se«Uo« wrvr**. 
Revised Statutes, entitled "Fees and Salaries," be and the 
same is hereby revived and in full force. 

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

Approved Feb. 17, 1857. 



1867. 138 

* '•^ ^**'- "♦ AX ACT to provide for the m,inn<»ror sellin? real estate of deceased 
'^*' persons for the payment of debts. 

Section 1. Be it enacted hy the people of the state of 
Il/inois, represented m t/ie General Jissenibljj, Tiiat when 

wfcfo r*-- -i< j^ g.^„ ^,p ascertained tha+ the j^ersonal estate of any testa- 

«rai u ; y toT oT intestatc IS insnfficiont to pay the just claims against 
hi5 or her estate, and there shall be any real estate to which 
such testator or intestate had claim or title, and the exec- 
utor or administrator has made a just and true account of 
the personal estate and debts to the county court having 

Km! cAiixe msr jurisdiction thereof, such real estate or such portion as may 
be necessary to satisfy the indebtedness of such testator 
or intestate, and tiie expenses of administration, may be 
sold in the manner herein provided. 

8b,^^,^j. r„,n. § -• The mode of commencing the proceedings for 

■enxii by pt- the Sale of real estate in such cases shall be by the lilinjr 

ot a petition by tlie executor or administrator in the coun- 

/ ty court or circuit court of the county where letters tes- 

I mentary or administration were issued wherein the widow, 

heirs and devisees of the testator or intestate, and the 

guardians of any such that may be minors, and the actual 

occupants of the premises where the same or any part 

thereof may be ocoipied, shall be made parties defendants, 

if known, and if not known then they shall be made parties 

by the name of unknown parties. 

•ei\ iMtiQ .um- § •'• Upon the filing of the petition the clerk of the 

■*" court where tlie samp may be filed shall i?sue a summons, 

directed to the sherift' of the county in which tlie defend- 
ant resides, if the defendant be a resident of tiiis stale, re- 
quiring him to appear and answer the petition on the re- 

▼fc«i ib^-p arc turn day of the summons; and where there are several de- 

•«Te.-»i defend- fendants residing in different counties, a separate summons 
shall be issuiid to each county, inciuding all the defendants 
residing therein. Every summons shall be made returnable 
to the next term of the circuit court after the date tiiereof, 
or to the first or second term of the county court after the 
dale thereof, unless the petition be filed within ten days 
immediately preceding any term, in which case the sum- 
mons shall be returnable to the next term thereafter. 

s*»Tire •( •nm- § 4. The service of summons shall be made by read- 
ing thereof to the defendant or leaving a copy thereof at 
the usual place of abode, with some member of the family 
of the age of ten years and upwards and informing such per- 
son of the contents thereof, which service shall be at least 
tfn days b«-fore the return day of such summons. 

••r* (ball ptih- ^ ■"'• Whenever any petitioner shall file in the office of 

Htk n/Aic*! in the chrk of the court in which his petition is pending an 

affidavit showing that any defendant resides or hath gone 

out of this state, or on due inquiry cannot be found, or is 



1 r> -Til, 



139 lfi57. 

concealed witliin said state so that process cannot be 

served on Iiim, or that the persons required to be made 

parties or any of them are unknown, the ch.'rlc shall cause 

a notice of tlie ])endinq petition, containing; the names of 

the j)arties tlicreto, the title of the court, and the time and 

place of the return of the summons, and the desori[)tion of 

the premises described in the petition, to be jujl)lis} ed for 

three successive weeks; the first to be at least thirty days 

before the return day of the summons, in some newspaper 

published in the county where the cause is pending, or if 

there be no newspaper printed in such county, then in the 

nearest newspaper to the place of holding the cotirt where 

tlie cause is nendins: ; but this proceedino; shall not dis- •"'''" "°>. "'f- 

pense with the issue ot the summons, and the usual exer- mong. 

tion on the part of the sheriff to serve tlie summons. If 

thirty days shall not intervene between filing such affidavit 

and the return day of the summons, and the summons shall 

not be served the cause shall be continued to the next term, cansccontiim^^. 

If thirty days shall intervene as aforesaid, or if service of 

process shall be made at least ten days theretofore, and 

the adult defendants shall not appear on the return day of 

the summons, the petition may be taken for confessed Poiition taken «• 

against such adult defendants. 

§ G. When it shall appear that any of the persons re- in ca«e minor., 
quired to be made parties defendant are minors under the 
age of twenty-one years, without a guardian, resident in 
this state, or wliere such guardian, if any, shall not be per- 
sonally served with summons, the court shall appoint a '^jV^^^^'^™ *^ 
guardian adHtem\ who shall be required to appear and de- 
fend in behalf of the minors aforesaid. 

§ T. Answers and replications may be filed and issues Answers jt«... 
formed a"? in proceedings in chancery, which shall be tried ccr'y ""*""* 
by the court without a jury. 

§ 8. Upon a hearing of the cause upon the issues Duty oi wwt, 
formed, or wht re default shall be taken, it shall be the duty 
of the court to hear and examine the allegations and proofs 
of the parties and of all other persons interested in said 
estate who may appear and become parties; and if upon 
due examination the said court shall ascertain that the ex- 
ecutor or administrator has made a just and true account 
of the condition of said estate, and that the personal estate 
of the testator or intestate is not sufficient for the pajment 
of the debts against such estate, the said court shall find 
as nearly as can be tlie amount of deficiency and how 
much, and if a part, what portion of the real estate de- FurtterairtT. 
scribed in the petition it will be necessary to sell to pay 
such deficiency, with the expenses of administration tlien 
due or to accrue, and make a decree for the sale thereof: 
Provided, that where any houses and lots or other real es- p^^^j^ ^^. 
tate are so situated that a part thereof cannot be sold with- ^Sm^'^y 




out manifest prejiulice to tlie heirs, devisees or owners, 
sucli court niav in its discretion order the sale of the whole 

•T««piai or such part as it may deem hest; and the overplus arising 

from sucli sale shall be distributed among the heirs and de- 
visees, owners or such other person as may be entiled 
thereto. 

»«*«^fc>w b:»:c. ^ t(. The sales and conveyances made under any de- 
cree rendered under the provisions of this act shall be con- 
ducted and made as provided in sections one hundred and 
five aiifl one hundred and six of chapter one hundred and 
nine of the Revised Statutes of 1845, entitled ''Wills." 

xpp«»u § 10. Any person claiminjj; to be agi^rieved by any de- 

cree rendered under the jirovisions of this act may appeal 

Ui^ from the county court to the circuit court, by filing a bond 

in such sum as may be fixed by the county court, to be ap- 
proved by the clerk of the county or circuit court in the 
office of either of :^aid clerus wilhin forty days from the day 

»,u» such decree may be rendered, and serving a notice th -reof 

on the executor or administrator, before the sale shall be 
made. Writs of certiorari may be allowed at any time with- 
in six months to remove such cause into the circuit court 
for like causes and in tlie same manner as from judgments 
of justices of the peace. 

AfpMU u «n- ^ 11. Appeals and writs of error may be allowed in the 
circuit court as in other cases, from the circuit to the su- 
preme court, either where the cause may be pending by 
appeal or as original cases therein. 

••rt*.n .^::ioM § !-• Sections ln;5, 1(»4, 1()7, lUS, 100 and 125 of chap- 

M4«curopcai- ter one hundred and nine of the Revised statutes, entitled 
" Wills," and all laws and parts of laws inconsistent with 
this act are hereby repealed. This act shall take effect 
and be in force from and after its passage. 
Approved Feb. IIS, 1857. 



!■ f«n« r--b. l», ^j^ ACT to locate a slate road therein named. 

IS67. 

Skction 1. Beit enacted by the people of the state of 
//tiiiois, represented ill the Geiierat t/hsernh/i/, 'i hat Hugh 
Downey, of Montgomrey county, Nathan Savage and Eli- 
jah W».lls, of Macoupin county, be and they are hereby ap- 
pointed commissioners to locate a state road, commenc- 
'i>Ii'!artfCbMi- i^K ^^^ Bear Creek, in Christain county, at some point 
■•*• on the state road leading from Taylorville, in said county, 

to Saint Loui'<, Missouri, from one-hilf to two miles north 
of the township line between townships number eleven and 
twelve north ; thence along the most practicable route 



141 1857. 

through the corner of Montgomery connty, to the town of 
Girard, in Macoupin county 5 thence south-west tlie near- 
est and best rote in the direction of the town of Cliester- 
fieldjin Macoupin county, to the state road leading from 
Cummington to Chesterfield. 

§ 2. Tiie said commissioners, or a majority of tliem, Totjoewort. 
shall meet at the town of Girard, in JMacoupin county, on 
the first day of April next, or within two months thereafter 
as tliey may agree upon, and upon being (iu!y sworn before 
some justice of the peace of Macoupin county to faithfully 
and impartially discharge their duties as said commission- 
ers, shall commence and lay out and locate said road on or 
near liie route specified in the preceding section, and shall ^''^^' "*• 
designate the route in the prairies by plowing a furrow or 
by driving stakes in the ground, and blazes on the trees in 
the timber. 

§ 3. Said commissioners shall, as soon as the said road r^''""-"^"- 
is located, make and file a report and jilat of said road, 
showing the course 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 m citrw-* ©aire. 
of the clerk of the county court of the several counties 
through which the said road may pass, and shall make out 
and present 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 sums severally due, ^pL'ld!"**' ''°" 
allowing 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 lo- 
cating said roud through their respective counties. 

§ 4. Said road when so located shall be and the same Kiadopened. 
is hereby declared a state road, and shall be opened four 
rods wide, and kept in repair as other state roads. 

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

Approved Feb. 18, 1857. 



AN ACT to aid and encourage county agricultural socities. i" force Tit. )8 



16*>" 



Section 1. Be it enacted by the people of the state, of 
niinoisy represented in the General Jlasemhly, That the 

sura of one hundred dollars is hereby appropriated. to the ^^ i^''^' 

use of eacli and every agricultural society thror.ghout the t... 
state, for the purpose of giving them aid and encouragement 
in the general object of promotingagricultural improvement; 
and the treasurer of this state is hereby authorized and di- 



1^-7. 



142 



T ruAsurcr io 



fm y«*x I So' 



Tmi I8U 



^'■- rected, when calletl upon for lliat purpose, to pay over to 
the treasurer or tiscal agent of each county agricultural 
society in the slate, the sum of one hundred dollars on re- 
ceiving his receipt therefor, accompanied by the certificate 
of the county clerk ol each county respectively, where such 
agriculi.ural society is located, tliat such society is organized, 
and that such treasurer, or fiscal agent, is autl.orized to 
receive and receipt for moneys in behalf of the same. 

§ '1. The grant of one hundred dollars to each county 
agricultural society as aforesaid may be demanded and re- 
ceived for the year 1857 by each and every county agricul- 
tural society that is now duly o'-ganized or that may be so or- 
ganized on or before the first day of June next; and a further 
sum of one hundred dollars is granted to each county agri- 
cultural society throughout the state for the year 1858 that is 
now duly organized, or tliat may be so organized on or before 
the first day of June, 1S38; and the treasurer of this state 
is hereby authorized and directed to pay over the same un- 
der the same conditions as prescribed in the first section 
of this act. 

§ o. This act is to take effect and be in force from and 
after itsi passage. 

Approved Feb. 18, 1857. 



Is f*roe Feb. IS, 
1067. 



AN ACT to amend the several laws rclatiiig to plaiik roads. 



Section 1. Be it c.nacled by the people of the state of 
Illinois^ represented in the General */2sseniblij, That in each 
- i^**''^" county in this state in which there is or may be hereafter 
constri'cted a plank road, liy virtue of any law, general or 
special, of this state, the county courts in counties not 
adoj)tiiig the township organization, and the bourd of su- 
pervisors in counties adoj)ting the township organizotion, at 
any regular or special term, may appoint tliree inspectors^ 
not interested in any plank road, wliose term of office shall 
continue two years, or until their successors are appointed 
and n\i!ilified ; and tlie said court or board, at any time, 
may iill vacancies. 

§ 2. Before entering on their duties the inspectors ap- 
pointed according to the provisions of this act shall take 
an oath faithfully to perforin the duties of their office and fila 
the same in the office of the clerk of the county court. 
And in addition to the duties of plank road inspectors pre- 
scrihtd in an act entitled "An act to provide for the con-* 
slructiua of plank roads by a general law," such inspectors,. 
or any two of them, when ordered by the county commis- 



r«na«f offlca. 



••worn. 



rariber dut.w. 



143 1857. 

sioners court, or by thebojtfil of supervisors of any coun- 
ty, shall within fifteen days after being thus ordered, in- 
spect any plank road in their respective counties, having i„ p,ct pi^k 
given five days notice to the company owning the plank "''''^''■ 
road ordered to be inspected of the time of such inspec- 
tion by leaving a written notice with some agent or officer K»iice u> eom- 
of such company ; and if upon sucii inspection, they or any p^"»" 
two of tl em sliall deem such plank road out of repair and 
not fit for use, they shall throw open the toll gates on such open gates »ad 
plank road, and shall make a certificate of the facts and "i^' *'"*" 
file the same for record in the clerk's office of the county 
court. And after the toll gates on any plank, road are 
thrown open by the inspectors, as aforesaid, no toll shall 
be collectable by the company owning such plank road 
until the inspectors, upon the request of such plank road 
company, shall examine such plank road and make and file 
for record in the county clerk's office a certificate taat the 
same is in good repair and fit for use ; and the demanding 
or taking of toll by any plank road company when the gates 
are thrown open by the inspectors, shall render such com- 
pany liable to a fine of ten dollars, to be recovered before fim. 
any justice of the peace of tiie county, in the name and for 
the use of the county. 

§ ::j. Said inspectors shall be entitled to three dollars compcnraiion of 
per day for services rendered, to be paid by the party or- ^"Tpaid! '"^ 
dering or requesting such services to be rendered, and the 
clerks for filing and recording certificates shall be allowed 
tlie usual compensation for such services, to be paid by the 
county. 

§ 4. Certified copies of any certificate of said inspec- copies of ccrtia- 
tors of the record thereof shall be sufficient legal evidence of '^'''^ t^idcnoe. 
the facts therein stated, in any court in the state. And in 
all actions commenced by any plank road company to re- 
cover toll, or to recover any penalty for the non-payment 
or for avoiding the payment of toll, the defendant or de- 
fendants may plead that the toll gates on the road of such 
company were thrown open by the inspectors, or that such 
plank road was out of repairs and unfit for use, at the 
time the cause of action accrued; and due proof ofproor. 
either of said facts shall constitute a sufficient bar to «x recov- 
ery in any such action : Provided^ that parties requesting p.^^j^ 
the inspection called for under this act shall deposit with 
the county clerk a sufficient sum of money to defray the 
expenses of such inspection, which sum of money so de- 
posited shall go into the county treasury if the commis- 
sioners shall decide that such examination was uncalled 
for ; but if the comraisioners shall decide said road to be 
out of order and require repairs to be made, then and in 
that case the money shall be returned to the depositor. 

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

Approved Feb. 18, 1857. 



1867. 144 

i«f)r<^* F.^. 15, AN ACT entitled an act to amoml an act entitled "Notaries Public," ap- 
»S57. proved March :^d, 1S45. 

Section 1. Be // enactal Ay the people of the state of 
Il/inoisy represented in the General ,lsse.?nhli/, Tliat the 
.-M....n^ in "^vernor of the state, by and with the constMit and advice 
«^«- of the senate, in addition to the five notaries jnibhc allow- 

ed in cities, towns and villaj;i-s, sliall appoint and commis- 
sion one notary piihlic in im-orporated cities for any one 
thousand over ten ihon.^and inhabitants in said cities, taking 
the preceding census of said city as a basis ; and every per- 
son making application for such appointment shall furnish 
=r»u..« ;. m the governor a certificate from the hand and seal of the 
°"-''''- mayor of said city, slunving the population of said city; 

and said notary public shall be ajipointed on petition in the 
same manner and shall perform the same duties and be 
liable to the same respon<;ibi!ities as prescribed in said chap- 
ter entitled "Notaries Public," approved INIarch 3d, 1845. 
§ 2. This act to be in force fiom and after its passage. 
Approved Feb. 18, 1857. 



««niO''«t« 
mayor 

Petition 



lo tt-ratreh. 13 AN ACT to relocate a part of tbo IlushvilJe aiul Cotninerce state road. 



1S57 



to r 



Section 1. Be it enacted hi/ the people of the state of 
Illinois^ represented in the General .'hsemhlij, That James 
'.o n-vVcw anJ A. Weston, Rt'ubcn Jacoby, .John IJoothe, be and are 
hereby appointed commiisioners to review, relocate that 
part of the Rushville and Commerce state road which 
lies between the eist line of section twenty- seven, in town- 
ship five north, in range six west, and the public square in 
the town of Carthage," in Hancock county, Illinois. That 
said commissioners within one year from the passage of tiiis 
act take an oath before some justice of the peace of said 
county of Hancock, faithfully to perform their duties as such 
commissioners, and that they thereupon proceed to review 
and relocate said road, between the points aforesaid, and 

M.vrr.-«rt ^:A ^^^j^^ ^^^j jjj^ ^ leport of sucli vicw and plat of such loca- 
tion in the ofiicc of the county clerk of said county of Han- 

**" ' cock. That they employ a surveyor and necessary hands 

to make sucli survey and relocation ; that said commis- 
f loners be allowed two dollars per day while engaged there- 
" '"^ in, and that the board of supervisors of said county of Han- 
cock, be and is hereby required to pay said commii-uioners, 
«urveyor and hands for the labor necessarily done by them 
in and about such review, relocation and plat of said road. 
That upon the report and plat of said review and reloca- 



145 IH.-)!. 

tioii being filed with tlie clerk of said county, and the right 
of way being obtained, such road shall be tlie state road, 
nnd the present road, so far a'? the same runs upon a differ- 
ent line than that of the relocation, shall be vacated ; and 
this act shall take effect and be in force after its passage. 
Approved Feb. )8, 1857. 



AN ACT to exieml the jurisdiction of the county court of Will county, fn force Feb. ic, 

iyi>T. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jlssemhlij., Th.it the 
jurisdiction of the county court of Will county is hereby so "'"u'cdwi'"" *^ 
extended that said court shall have concurrent jurisdiction 
with circuit courts of tiiis state in all cases of application 
by guardian'5 to sell real estate situated in said count)', 
and of all petitions for partition, and the setting apart of 
dower ; and the said court may jiroceed in the same man- 
ner and with the same force and effect as is now by law 
proviJed for proceedings in the circuit courts in like cases. 

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

Approved Feb. 16, 1857. 



AN ACT to establish a state road therein named, in St. Clair coun'y. In force April jo, 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Assembly, That John 
Wesley Grain, of Washington county, and E. Slade and 
Alfred Moore, of St. Clair county, be and are hereby C''mm»*'«-»°<"»- 
appointed commissioners to view, mark out and locate a 
state road from a point on the Mississippi ard Ohio rail- viewan.i k.cat*. 
road where the counties of St. Clair and Clinton 
crosses the same ; thence to run south witli the said coun- 
ty lines of St. Clair and Clinton, on the eastern side of St. 
Clair county line, sufficient width to establish said road in 
the county of St. Clair, through township one north, six 
west, and township one south, six west, in St. Clair county, 
crossing the Kaskaskia river with said county line on the 
east side of section n\nnbered twenty- five, in town one south, 
range number six west, in St. Clair county ; thence on the 
best and most eligible route to Elkton, in Washington 
county. 

—10 



1857. 146 

Toiofnorn § 2. TliG saiJ commissioncis or any two of them may 

meet bofore any jiistice of the peace within cither the coun- 
ty of St. C lair or Washington on or before the first day of 
Septeinl^er next, and take an oath faithfnlly to discharge the 
duties rtquircd of them by this act, and shall proceed to 

wi-ixb «r rv <a. view, mark and locate said road four rods wide, on the 
course therein stated, haviin^ iu view the nearest and best 
route. 

■•t«n»>->ri. § 3. Upon such location being made, the said commis- 

sioceri.', or any two of them, shall make a report of the 
same to the county court in tl.e Qounties in which said road 
shall be located, which report pndasuivey thereof shall be 

File wuhecuat? filed wit h each of the couu ty clcrks. Upon tiling of the same 
the said clerks shall notify the several supervisors of said 
road of the same, and cause tlie said road tliereupon to be 
opened and kept in repair in the same manner tiiat other 
state roads in the state. 

»rpi-n»<<* how §4. The county of St. Clair and Washington, through 
***'^ which said road is located, shall pay said commissioners 

two dollars and fifty cents per day, and some competent 
surveyor, wito may mako tlie survey thereof and plat the 
same, t!ie sum of four dollars per day for each and every day 
that they may be so employed in said work, and all other 
chares incidental to said work, the same to be paid by the 
seid counties equally. 

Approved Feb. 16, 1857. 



clerkj. 



** '^'ffj-^' '"' AN ACT to review im] relocate a portion of a state road therein named. 



185' 



Section 1. Tie it enacted hy Ike people of the slate of 
Illinois^ rejjresevtcd in the General Jhsemhly^ That James 
tii^at^'"'^ Anderson and Nathan Land, of St. Clair county, and 
Geor;^'e Ei'^ciirncycr, of Clinton county, be and tiiey are 
hcrehy ai)pointod commissioners to view and locate so 
much of 1,1)0 state road knov/n as the Bclh-villc {\nd Nash- 
ville road, from a point on said road at Griffin and McCul- 
loch's luiie, joining the land of Charles and George Ray- 
hill ; thenco to run cast between the farms of said Charles 
r:!id Georgf Hay hill, in St. Clair county, to Eisenmeyer's 
/":iy, in Washington county, running through part of Clin- 
ton county; said relocation to be made as follov/s, to-wit: 
beginning at the above point; thf;ncc east, following the 
section and quarter sectional lines running east and west 
to t'lc northeast corner of the southeast quarter of the 



147 1857. 

southeast quarter of section numbered two (2) on said 
course, or so much so as to cause as little damage to the 
owners of property as possible, so us to locate the same 
on the nearest and best route to said ferry ; the same 
however, to intersect that portion of said road already laid 
out between sections numbered one and twt Ive ; thence 
to Van Winkle, on the Clinton and St. Clair count}' line, to 
the aforesaid ferry, on the Kaskaskia river. 

§ 2. The said commissioners, or a majority of them, Takc<«ith 
shall meet on or before the first day of March, or so soon 
thereafter as convenient, at the town of Mascoutah, in St. 
Clair county, and take an oath before some justice of the 
peace of said county well and truly to peiform the duties 
required of them by this act, and thernupon proceed so to 
do. 

§ 3. When the saiC. commissioners fhall have reviewed surveyor t* m»k« 
the ground and relocated the said road, it shall be their ^''*'- 
duty to cause to Le made out, by some competent survt-y- 
or, a plat, accompanied with a survey tiiereof, showing 
said relocation, and file the same togetlier with their re- Fiiar.iK.ri 
port with the clerk of the county of St. Clair, and also 
cause to be made out a like copy and sent to the clerk of 
the county of Clinton. 

§ 4. That said ])lat or a certified copy thereof shall be aoad oventd. 
evidence hereafter in all courts in this state; and after said 
plat shall have been made out as aforesaid and re- 
turned to the clerk of the said counties, the said clerk shall 
order the supervisor of said district to labor upon and 
open the same, and to keep the same in repair as other 
state and public roads in this state. And so much of the 
old road affected by such relocation is hereby declared r.ad va<m*«>ri. 
vacated. 

§ 5. The said counties of St. Clair and Clinton shall Expense*, hc^ 
pay the expenses incident to the said location of road, in J*-'^ 
proportion to the survey of same in each county respec- 
tively' The said commissioners shall be allowed each two 
dollars and fifty cents per day for every day so employed, 
each county paying their commissioners, and also oe allow- 
ed to employ some competent surveyor at a cost not to 
exceed five dollars per day, which shall be paid by the re- 
spective counties as aforesaid. 

§ 6. This act shall be deemed a public act and take 
effect from ?.nd after its passaae. 
Approved Feb. 18, 1857. 



jlptii ipri^ti- r£. 



1^5.7. 14S 

itji-n-.- Apaiii-A^ ACT making appropriationa for the Hosi>ital for the Insane and the 
'^' liistilutiou for the Education of the Deaf and Uuiub. 

Section 1. Be it oiac/ec/ by the people of tlie state of 
^ Illiiwists representedin the General x^isf^emblUs Tliat the trus- 

Ntu. buajjus. tees of the Illinois State Hospital tor tlie Insane be and 
they are hereby atithorized and required to proceed with- 
out delay to complete the building of said institution ac- 
cording to the original jjlan and design thereof; also to 
enlarge the building in the rear of the main edifice, and 
to make such change in the connection of the said build- 
ings as the wants and safety of the institution require ; also 

° ' ' ' ■ ' to provide for heating the halls of the centre building and 
the additional wings authorized to bo constructed by this 
act, and to make such other necessary additions and im- 
provements as may be required to increase the capacity 
and curative ability of said institution. 

Tfc.-.r.iuij ^ 2. The trustees of said hospital for tlie insane shall 

let the contract ("or tiie.ercction of the additional buildings 
provided for by this act to the lowest responsible bidder; 
and to enable thcai to execute the provisions of this act, 
the sum of thirty- three thousand three hundred and thirty- 
three dollars and thirty-three cents is hereby appropriated 
to said institution for the year eighteen hundred and fifty- 
seven, and thirty-three thousand three hundred and thirty- 
three dollars and thiity-threc'cents for the year eighteen hun- 
dred and fifty-eight, payable out of any money in the treas- 
ury not otherwise api)ropriated, in such sums and at such 
ee* to giro times as may be required for use : Provided^ however, that 
the tru<;tees of the hospital for tht* insane for [before] making 
any contract for additional buildings, shall give notice in the 
State Register and Journal, of Springfield, t!ie Chicago 
Times and Chicago Tribune, of Chicago, and the Illinois 
Stntinel and Morgan Journal, of Jacksonville, for at least 
six weeks, that sealed proposals will be received fcr such 
buildings up to such time, the notice to give description of 
the kind and extent of the improvements to be made, and all 
other necessary specifications : Proi'zV/^r/, thatin making ad- 
pSiticnu. ' ditions to the building herein provided for, suitable and ef- 
fective provisions shall be made for the reception and safe 
ket ping of that class of patients deemed dangerou ; and 
den iminatcd homicidal and suicidal, and such patients shall 
be dt;tainf;d in the institution whether de<'mtd curable or 
not : Pnwu/ed, the number of such inmates shall at no 
time exceed fifty. 

Av\>trvni':<.r$ § ij. The sum of two thousand dollars is hereby oppropri- 

'^ *"'*■' ated for lighting the Institution for the Education of the 

Deaf and Dumb with gas, and to furnish the necessary 

fixtiires for the same; the sum of fifteen hundred dollars 

to procure the necessary furniture for said institution ; the 



Hon U> "11' 



149 1857. 

sum of nine thousand dollars for apparatus for heating, and 
the sum of five tliousand dollars lor conij)leling the build- 
ing of said institution, to be ])aid out ot any money in the 
treasury not otherwise appropriated. 
Approved Feb. 10, 1857. 



AN AGT to relocate a portion of the Carthage and AV'orcealer state road. ^ '"'7557' " 

Section 1. Be it cnaclcd by the people of the state oj 
lUinoh^represented in the General Jlsaemhlij^ That R. M. 
Neider, A. J. Grifath awd Ri;uhen Jacoby be a:id they ^Z^.^^l^"^^"' 
are liereby appointed commissioners to relocate as much of 
the state road leading from Carthage, Hancock couuly, 
Illinois, to Macomb, in MuDonough county, known as the 
Carthage and Worcester state road, as lies between Car- 
thage and Crooked Creek bridge. 

§ 2. That said commissioners sliall meet at t!ie court "^^ ''**'•"' 
house in Carthage as soon as convenient after the passage 
of this act and take an oath before some justice of the 
peace, or other qualified officer, well and truly to perform 
the duties required of them by this act. 

§ 3. When the said commissioners shall have reviewed ^*''*= "^*" 
said ground, and sliall have relocated said road, it shall be 
their duty to make out a plat of the road so relocated and 
lay it before the board of supervisors of Hancock county 
as soon as practicable after the completion of the same, 
and the road so located or part thereof between Carthage 
and said bridge, if only a part, i^ hereby declared to be a 
state road, upon the filing of said plat with the county clerk 
of said Hancock county; and so much of the old road as Road v.ictfd 
may be affected by said relocation is heieby vacated. 

§ 4. The said plat shall be evidence hereafter in all rim cMik-ii** 
courts in this state ; and it shall be the duty of the clerk 
of the county court of Hancock county aforesaid to 
record said jjlat on the records of the board of supervisor?, 
and said board of suj)ervisors shall allow to said commis- Espen.e*, rm 
sioners a reasonable compensation for the services required 
by this act. 

Tills act to take effect and be in force from and af erits 
passage. 

Approved Feb. 18, 1857. 



ISoT. 150 

Id fjTw K<. 1?. AX ACT to amend an net cntiflod "An act to auieiul an act establishing 
"*^^ oi.:.rv ci-nrls.'" approved K»-briiaiy 12, IS-l'J. and extending; the juiis- 

■ '•.:. >:i I'f Li Sa'lo. Winnebago, Uoone and Mcllenry county coiiita, ap- 
i jcved rebriK.fy -7, 18r>4. 

Section I. Be it euachJ hi/ the people of the state of 
Illinois, repreficnled ill the Gt)nr<il»/Jss(7/ih/t/, Tliat tlie 
B.x«c juwi v- jurisdiction of lite county courts of Boone and Winn« bago 
°****"""^" ■ * counties is litrtby so extiMulttl tli.it tin- said said couits shall 
I r.»u i:«u c:- have concurrent jiirisdiclion wit'i the circuit courts of this 
state of all matters, suits, acti(u.s rnd )>iocecdinos iji civil 
cases both at law and equity without relerence to the amount 
due or claimtd, or the value of the property in controversy. 
xn.«^\* ^ 2. In addition to the jui i<dicii(in coi.itired upon said 

Boone and \Vii;nebago county courts by t!ie fourth (4th) 
section ol the act to which this is an amendment, ail ap- 
peals and writs of r^r/^i/ZVY/v' taken and prosecuted from 
decisions of justices of the peace, police magistrates and 
other inlerior tribunals in said counties in ca*»'S of assault 
and battery and misdemeanors punishable by fine only, not 
exceeding one hundred dollars, shall be taken to and prose- 
cuted out of said county courts. 
Act »iniv..:o<i, u § ;}. Secti )n four (4) of the sai 1 act to which this is an 
vjtppoii. amendment is hereby so amended that all appeals and 
proceedings in the nature of appeals and v.'rits of ci rtiorari 
taken ;'nd prosecuted from decisions and judgments of jus- 
tices of the peace, police magistrates and other inlerior 
tribunals in said counties in all cases whatsoever, shall be 
taken to and prosecuted out of said county courts. 
jin«j«, how H- § 4 Section six of said act to which this is an amend- 
i«-.^ K: raent is hereby so amended that traverse juries for the 
March and Septcuiber terms of said courts shall be selected 
and summo.ied in the same manner and for the same cause 
as is now provided for selecting and summoning juries for 
the June and December terms of said courts : Provided^ 
traverse juries need only be stimmoned for such terms of 
said court as in the opinion of the judges thereof the bus- 
iness pending therein siiall require. 
>»i«iBr. .. ly § o. Judgments by confession may be entered in said 
'""''"*' ' courts in vacation in the same mBuner as now provided by 
law, without reference to the amount for which judgment 
is confessed. 
r-»ai-., 9 «j. It is hereby declared that the provisions of the 

ff'-nd 'Section of chapter eighty-three of tin; Revised 
Statutes, entitled "Practice," shall be applicable to said 
cotirity courts. 
jnj«o« mrr in- § 7. The Said judges of said county courts may inter- 
.w-h»n^r change and hold each olh«r'.s cotuts as they may agree to 

do the same; and *'n all cases in which either of said judges 
shall he interested in any matter or proceeding pendmgor 
being in cither of the said courts, whether on the probate, 



15; 1857. 

common law or chancery side thereof, or wlietljer such 
interest in such matter or proceeding shall arise or now 
exist by reason of either of said judgts being guardian or 
otherwise, it shall be lawful for said judges to interchange 
and hold eacl» other's courts for the transaction and deter- 
mination of all such business, matters or proceedings as 
eithrr of said judges shall be interested in ; and when either 
of said iudires shall, by death, repi^ination or removal from J" wo of ii.-uUi 
oince, become unable to hold any court m his county or 
transact business as judge of said court, it shall be lawful 
for the other judge to attend in said county and hold said 
court therein and exercise all the powers and jurisdiction 
both in term time and vacation that he might or could 
legally do in the county in which he may reside, until the 
cause? aforesaid which authorize such judge to exercise 
such power and jurisdiction in such county shall be re- 
moved. 

§ S. For the purpose of hearing and determining ap- insolvent debt*-* 
plications for discharge by insolvent debtors, in all cases 
now provided or which may hereafter be provided by law, 
the said county courts shall at all times be deemed to be 
open and in session. 

§ U. If either party in any civil cause in law or equity, afeanKeofvcnM, 
whic!i may be depending in either of said county courts, Takea. ""^ ^ 
shall fear tiiat he will not receive a fair trial in the court 
in which tlie action is pending, on account that the judge 
of said court is interested or prejudiced, or is related to or 
shall have been of counsel for either party in said cause, 
or that the inhabitants of such county are prejudiced 
against the applicant so that lie cannot expect a fair trial 
in such county, such party may apply to the court in term 
time by petition setting forth the cause of the aj)plication 
and praying a change of venue, accompanied by an affi- 
davit verifying the facts in the petition stated ; and such 
court, reasonable notice of the application having been 
given to the other j^arty or his attorney, shall award a 
change of venue therein, as follows: if the application is 
made on account of the prejudice, interest or relationship 
of the judge to either party as counsel or otherwise as 
above provided, then the venue shall be changed to the 
circuit court of the county in which said cause shall be Towbat. an 
pending ; if the application shall be made on account of the 
prejudice of the inhabitants, as above provided, then the 
venue shall be changed to the other county named in this 
act : Provided^ that neither party shall have more than one 
change of venue : Provided Jurlhci'^ that the venue shall rr.M^, . 
not be changed in causes where there are two or more 
plaintiffs or defendants, unless the application is made by 
or with the consent of all the plaintiffs or defendants as the 
case may be : Provided further, that no change of venue Puniicr pr©T>«f 



1857. 152 

shall be granted after the first term of the court at which 
tlie jiarty apj)l)iiig might have been heard. 
»• j«r<<wnont § 10. Atid ill auy aiul all suits and proceedings pending 

in said county courts, the parties thereto may, by agree- 
ment, have a change of venue from one to the otlier, or to 
the circuit court of the county in which suit may be pend- 
ing. Upon t!ie award of a oliange of venue in said courts 
in any cause as above provided, the clerk of the court from 
Tt«iM«.-ip; to I.- whicii the change is taken shall make out a full transcript 
B, esa '^ • of the record and proceedings in such cause, and shall 
certify and transmit the same to the proper court, together 
willi all papers filed in the cause and aj)pert<uning or form- 
ing a part of the record thereof; and the clerk of the court 
to which such cause is certified shall file the same, and the 
cause shall be docketed by such clerk, and shall be pro- 
ceeded in and determined by the court, in all things as 
well before and after judgment, as if it had originated 
chunicr 108, no- therein. The benefit of all the provisions of chaj)ter lOG 
I!,l!i?J{^'"''^ of the Revised Statutes, entitled "Vtnue," shall extend to 
clianges of venue under this act so far as the same are ap- 
plicable. 

^ 11. The provisions of this act shall only be applica- 
ble to the counties of Boone and Winnebago. 

^12. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 18, 1857. 



to r./f« Feb. 16, AN ACT concLTiiing sherifTs arui jailors in this state. 

ivn. 

Skction 1. Be if cndctcd hy the people of the slale of 
IlUnoia, 7-epreseuted inthe Genei'aU^sseinli/ijy That so much 
Bovd .,t privm- of an act to amend the law in relation to juls and jiidors, 
•rs i»w amind- approved February 28tii, 18 47, be so amended as to all.>w 
sheritl's or jailors fifty cents j)cr day f(jr dieting piisoners, 
instead of tliirty-seven and a half cents per day, as now 
allowed by said act. 

§ 2. Thi-^ act to be in force fiom and after its i)assage. 
Api'hoved Feb. IG, 1857. 



153 1857. 

AN ACT to refund the taxes on certain lands sold in error. 7n force April 20, 

1B57. 

Section 1. Be it enacted by the people of the state of 
I/Zitwis, represented in the General .-f.v.sfwA/y, That the 
auditor of public accounts be and he is hereby authorized t.. refund nuuey 
to ijsue his warrant on the treasury of the state to Stacy 
B. Opdyclco, for t!ie sum of two hundred and ninety-five 
dollars and eighty-seven cents, the amount paid by him 
into the treasury on the twentieth day of January, A. D. 
one thousand eight hundred and t'lirty-one, on a sale for 
the taxes and costs on claim No. 174i>, of 2S,8ni) acres of 
land assessed for the year 18:30, with interest thereon at 
the rate of six per cent, per annum, which said claim the 
congress of the United States have refused to sanction : 
Provided^ /wtvever, that the said Stacy B. Opdycke shall 
first file with the auditor a full relinquishment of all his 
right to said claim to tlie slate of Illinois. 

Approved Feb. 16, 1857. 



AN ACT to locale a certain state road therein named. in force Feb w, 

1857. 

SectioiN 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jlssenihly, That J. D. 
Ludlow and Richard Clayjiool, of Citampaign county, and commissionew 
Gideon Camp, of Vermilion county, be and they are hereby "'P'"'*"^*^- 
appointed commissioners to view, survey, mark and locate to locate road 
a state road, commencing at the point where the Danville ^"'^^'^w^- 
and Ottawa road leaves the north line of section thirty- six 
(30,) township twenty- three (23) north, range ten east of 
the third princij)al meridian, and running from thence west 
on the section line as near as may be deemed j)iacticable, 
to the northwest corner of the nort'ieast quarter of the 
northeast quarter of section thirty-two (3:2,) township and 
range aforesaid, and from thence on the most direct and 
particular route to the town of Pera, on the Illinois Cen- 
tral railroad, and intersecting the Bloomington road at that 
point. Said commissioners, or a majority of them, shall 
within twelve months after the date of the passage of liiis 
act, meet at some convenient point to be agreed uj>on by to meet aud u 
themselves, and after taking an oath before some person "^"">- 
authorized by law to administer oaths, faithfully to per- 
form the duties required of them by this act shall proceed 
to view, survey, mark and locate said road, which road Duties, 
shall be of the width of forty feet. Sai 1 commissioiM-rs 
shall make a report of the location of said road, giving the 
most noted points thereon, and shall return a copy of said Koport. 



1S57. 154 

reports to the clerk of the county court of each of the coun- 
F«uM ties ihrviugji which said roatl shall pass, which shall he filed 

by him in liis otfice ; and said road tlius laid out is herehy 
declared a public state road and shall be opened and kej)t 
in repair in the same manner as other public loads are. 
Rspci»o». »:,vn ^ J, The county courts or board ot supervisors of the 
res|)ective counties in which said road shall be located, 
shall cause to be paid to said commissioners, their sur- 
veyors and atti-ndants, a reasonable compensation for tlieir 
services, out of the county treasury, each county to bear 
her equal proportional part of said expenses, according to 
the distance said road passes tliioiigh the same. 

^ o. This act to take eflect and be in force from and 
after its passapje. 

Ai'PRovKD Feb. IG, 1857. 



&&(1 by wbriu 



la force Feb. 18, 
1857. 



Coinini!»<<!nner«, 
Utrjr duty. 



S«*d v*cat«d. 



AX ACT to relocate the stale road herein nainci]. 

[Section 1.] Be it enacted hij ihepeople of the state of 
lUiiuds, represented in the Genera/. ,^sse?nl)ti/. That Wil- 
liam Lei<'hton, Ranson Babcock and Tiiomas Faulkner are 
hereby appointed commissioners to review and relocate the 
following portion ot the state road leading from Knoxville,in 
the county of Knox, to Cambridge, in the couiity of Ilenry, 
comm« ncing at the intersection of said road with the Cen- 
tral Military Tract railroad, at or near the northwest cor- 
ner of section twenty-one, in township twelve north, of 
range two east of the fourth principal meridian ; thence 
along the east side of said railroad to the north line of the 
southwest one-fourth of the southwest quarter of section 
sixteen, in township aforesaid; thence east to Main street 
in the town of Watatra ; thence along the line of said street 
to the centre of said section sixteen ; thence north on the 
half section line to the north line of said section; thence 
east on the north line of said section to the railroad afore- 
said ; tin nee along the west side of thf said railroad to the 
town of Ont'ida; thence along some of \\\-. streets ot said 
town and along said railroad to the cast line of township 
thirteen north, of range three east of the fourth principal 
meridian; thence north on the east line of said town.ship 
to the line of the road as at present located. And that at 
least so mucii of said road as now lies on \\\o. west line of 
the south half <A' section sixtee)), in townshij) twelve north, 
two east, may be taken up and vacated. 

§ '2. Thi act to be in force from and after lis })assage. 

Al'PRovED Feb. 18, 1857. 



iRiioiicr* 



155 1857. 

AN ACT to establish a state road from Sarahsvillojin Williamson county, I" fonc Apriia*)' 
to McLeansboro, in Ilaiiiilloii county. >»^7- 

Skction 1. Be it enacted by the ])et>]ilc of the state, of 
lllinoifi^ represevted in the General Jhmmhhj^ That Robert 
P. Erwin, William N. MitchelJ, of Williamson county, c.mmis..„„ 
Warren INIcCreery, of Franklin, and Nathaniel Ilarraison, •'''i^'"i«i- 
of Hamilton county, be and they are heitby appointed 
commissioners to lay out and establish a state road from K^taiush a rosd 
Sarahsville, in Williamson coun'y, to McLcansboro, in 
Hamilton county. 

§ ti. It shall be the duty of said commissioners to pro- lobcsworD. 
ceed to Sarahsville, in the county of Williamson, on the 
first Monday after the passage of this act or as soon there- 
after as they may find it convenient, and after having been 
sworn by some acting justice of the peace of said county, 
to view, 1nark and locate a road as above designated, hav- Locate. 
iDg due regard to j)rivate property. 

§ r'.. When said commissioners shall have laid out and Makepiat. 
established the said road as aforesaid, they shall make out 
and deliver to the clerk of the counties through which said 
road passes, a copy or plat of said road ; which plat when 
so received by said cleiks shall he entered of record in piu to be ic- 
their several offices ; and the said entries when so made '^'^^'^'^''• 
shall be evidence in all courts in this state of the existence 
of said road. 

§4. The county court of the several counties through Exrcnsee, h«w 
which said road passed shall allow to the said commissior- ^*^**' 
ers and to the said clerks a reasonable compensation I'or 
their services rendered as aforesaid, in j)roportion to the ' 

amount of labor performed in each county. 

Approved Feb. 16, 1857. 



AN ACT to establish a state road in the counties of McLean and Liv- in force Feb. i«, 

ingston, 1867. 

Section 1. Be it enacted by the peuple of the state of 
Illinois, represented in the General J9ssi?7ibly, That Thomas 
Fell ar.d William M. Smith, of McLean county, and Nel- cnmiiMioiiert, 
son Buck, of Livingston county, be and they are hereby "'*'''^ ■*"'■'• 
appointed commissioners to locate a state road, com- 
menciijg at the southeast corner of section six, town twenty- 
five north, of range four east; running thence east on said 
section lino to the southeast corner of section two in said 
town and range; thence north one mile to the township 
line; thence east on said township line to the northeast 
corner of section thirty- five, township twenty-six north, 



1^">T. 15G 

range five cast ; thence north one-half mile; thence cast 

across section thirty-six north, range five east, to the east 

line ofsjid townsliiji, in Li\ ingston county, or as nearly on 

said route as is practicable. The said commissioners, or 

«•.>; »ij bo a majority of them, shall meet at the town of Lexington, in 

McLean county, on the first iMomiay of May next or as 

soon thereafter as sliall suit tlieir convenience, and after 

takincr an oath before some justice of the peace, laitlifully 

to perform the duties rc(|uired of thi-m by this act, yiiall 

terror and ic-^ie p^occed to view, survej, mark and locate saitl road, 

r^ii^anj moke g^d shall make a report to tlie clerk of the county court 

of each of sai<l counties through which said road ))asses, 

»«pirt to boned wliich shall be filed by him in his olfice ; and said road 

thus laid out is hereby declared a public state road, and 

sliall be opened and kept in rejiair in tlie same manner as 

other public roads are. 

BKpmM^ how § 2. The county court of the respective counties in 

•~'* which said road sliall be located shall cause to be ])aid to 

the said commissioners a reasonable compensation for their 

services, out of the county treasury, eacli county to pay 

her equal j)roj)ortion as part of said expenses, according 

to the distance and actual expense of said road in each 

county. 

This act to take effect from and after its passage. 
Approved Feb. 18, la57. 



lo fore* April 18, AV ACT to relocate a porti )ii oT certain statn roads heroin named, in tUo 
'**' co'iiitj of Perry. 

Section ]. 7Je it enacted hy the people of the state of 
rti/iuis, represented ill the General ^^hsenihly^ That E. H. 

o>mm\mionct*. Rusbing, J. AL Millivan and Robert Fallon, )f Perry county, 
be any they are hereby appointed commissioners to relo- 
cate so much of the state road heading from Che-ter, in 
Randolph county, to Pincknej ville, in Perry county, as 
li»irein Hpj'cified, to wit : begintiing at the point where the 
present road intersects the south line of the west half of 
the northwest quarter of section twenty -lliree, in town five 
south, of range three west of tlie;'>d P. M ; running thence 
east upon Ibe quarter s»'ction line dividing sections twenty- 
three and twenty-four of aaid town and range, to the town 
plat of the town of Pinckney ville, in the county of Perry. 

\^if*v> ^ 1. Jir it furtlur ennrtiil, That tlur aforesaid persons 

vievv and relocate so much of t!n; state, road leading from 
the town ol Pin.;kiiey\ille, in I*<rry comity, to IJelhville, in 
St. Clair County, us herein specified, to wit: beginning at 
the point where the present road crosses the station line 



157 isru. 

on the east side of section fifteen, in town five soutli, of 
range tliree west of the third principal meridian; running 
thence southeast on the most direct line to the southwest 
corner of the northeast quarter of the northwest (quarter 
of section twenty- three, town five south, range three west; 
thence east iij)on the line dividing tiie north half of section 
twenij-Jiree and twi-nty-four to the tract of land ovv^ned 
by the Pinekney ville Mill Company; thence on a direct line 
to the street running east and west through the town of 
Pinekney villo, on the south side of the public square. 

§ '■). That said commissioners meet on the first day of sw.-ro 
April next, or as soon thereafter as may be convenient, at 
Pinckneyville aforesaid, and take an oath before some jus- 
tice of the peace of Perry county, faithfully to perlorm 
their duties as such commissioners pursuant to this act- 
That said commissioners after taking such oath, proceed 
to view said roads and relocate the same, and make an • 

accurate plat of said roads as relocated by them, and file 
the same with their report in the office of the county clerk of i-iio rcpon m 
said Pt-rry county as soon as practicable after the comple- "cf'"">''x*- 
tion thereof; and so much of said roads as shall be so re- 
located are hereby declared to be a part of the state roads 
as aforesaid from and after said report and plat shall have 
been filed in the clerk's office as aforesaid. iSo much of said 
old roads as are affected thereby aie hereby vacated, to no^at viMtt*^ 
take effect after said report and plat shall have been filed 
as aforesaid. 

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

Approved J'eb. 18, 18.37. 



AN ACT for the- purcliasi- of certain copies of the Statutes of the State in force Peb i«, 
lilmois.compilca l)v Hon. Walter B. Scales. Hon. Samuel H. Treat and i86". 

K .l.ert S. Blackwell 

Skction 1. Be it enacted hij ilie people of the state oj 
rtinoiSy represented in the General Jissemblij, That the 
secretary of state be and is hereby directed to purchase of sccrctaryof.tot. 
D. B. Cooke & Co., publishers, of the city of Chicago, two 't"'^*-*"*" 
thousand copies of t!ie Statutes of Illinois, now being 
compiled by the Hon. Walter B. Soates, Hon. Samuel li. 
Treat aiul Robt. S. Blackwell; Provided^ such purchase 
Bhall not be niode unless said statutes shall, upon being 
examined by the justices of the supreme court of this state, 
be apj. roved by iliem : ,]nd provuled, f<tr titer, Xh^i ediQ.\\ to be in .o» 
copy of the said statutes shall not exceed one volume. wimw 



1857. 168 

i>cw«. ^ il. The price which shall be contracted to be paid for 

the said copies of the said statutes siiall be five dollais per 
Qaiiiitj. co;>y : Provided^ the quaiitj' of the pa[>er and bindisig of the 

said statutes shall be c(jnal to tl:c IGth volume of lUnois 
ineh:i- «c;s cj rcports, aiul incorporate the laws and acts of the j)resent 
*^' session of the legislature that are of a general nature ; the 

said volume to be gotten upon the plan of Swan's Revised 
Statutes of Ohio, with side notes and references, together 
with full and copious indexes. 
uowpiiJfor. ^ o. The treasurer of state shall pay to the said D. B. 

Cooke & Co., out of money in the treasury not otherwise 
appropriated, for said copies of statutes, upon the warrant 
of tile auditor of state issued for that purpose. 
Aariitor to issBo ^ 4. The auditor of state sliall issue his warrant to said 
D. B. Cooke &. Co., for the amount contracted to be paid 
for said statutes as nforesaid, upon the certificate of the 
secretarj' of state, of the delivery of the same to him at 
ccriiijjf'o. S;-.ringfield, and the certificate of the said justices of the 
supreme court of their approval of the said statutes, and 
that the mechanical execution of the same is in accordance 
with the requirements of this net; and the secretary of 
Secretary rfpt'tc State shall d.stribute the said statutes so to be purchased, 
w ai8irii>utc. jjg ^y j^^^ ^j^g decisions of the supreme court are required 
to be distributed, also to all justices of the peace through- 
out the state. 
AtfijticmM n'Hn- § 5. In casc the number of copies of the said statutes 
thus to be distributed shall prove insufficient for the pur- 
poses for v/hich they are designed, the secretary of state 
shall have power to contract for any additional number 
which may be required, not exceeding one thousand copies, 
upon t!ie same terms upon which the present number of 
copies are purciiased. 
Daiyof tccrctarx ^ 0. The Secretary of state shall furnish the compilers 
of the said statutes thus to be purchased, with early cer- 
tified copies of the Jaws and acts of the present session of 
the legislature. 
When V. tc d"- § 7. Tile purcliase aforesaid siiall not be made unless 
' the said two thousand copies of the said statutes shall be 

delivered to the secretary of stato within one year from 
the passage of this act; and tliis act shall take eftect and be 
in force from and after its ])assage. 
Approved Feb. 10, 1857. 



bO' 



•ut«. 



livcred. 



169 1867. 

AN ACT to amend chapter fifty-one of the Revised Stalule?, entitled infono Aprjuo 
'• Idclosurea and Fences." 1867. 

Section 1. Be it enacted htj the people of the state of 
I/linoi^f represented vi the Chmerat *,(/ss(?nb>'/j, That where 
two or more persons shall have lands adj )inir:g, each of Fenccn, h&w 
them shall make ai d maintain a just proportion of (lie di- '"""^"'"cj 
vision fence between them, except the owner or owners of 
either of the a<ljoining lands shall choose to let such land 
lie open. 

§ 2. When any person shall have chosen to let his land whon land iim 
lie open, if he shall afterward inclose the same, or if any wai'as'^iucu!.!^' 
owner of land adjoining upon the inclosure of another, he 
shall inclose the same upon the inclosure of another, he 
shall refund to the owner of tl.e adjoining lands a just pro- 
portion of the value at that time of any division f' r ce th.at 
shall have been made by sucIj adjoining owner, or lie shall 
immediately build his proportion of such divisioji fence. 

§ 3. The value of such fence and the proportion thereof y^^„^ „, j^^^ 
to be paid by such person and the proportion of the divis- f"'^' determio. 
ion fence to be male and maintained by him, in case ol his 
inclosing his land, shall be determined by any two fence 
viewers of the town, in counties where townsliip organiza- 
tion shall have been adopted, and in other counties by any 
two fence viewers of the county. 

§ 4. If disputes arise between the owners of adjoining Disputes, tw^ 
lands concerning the proportion of fence to be made or '^^uicd. 
maintained by either of them, such disputes shall be settled 
by any two of the fence viewers of the town, in counties 
where townsiiip organization shall have been adopted, and 
in other counties by any two fence viewers of the county, 
and in such cases it shall be the duty of the two fence 
viewers to distinctly mark and define the proportion of the 
fence to be made or maintained by each. 

§ 5. When any of the above mentioned matters shall viewers, how 
be submitted to fence viewers, each party shall choose one, *^^°««"- 
and if either neglect after eight days' notice to make such 
choice the other party may seioct both. 

§ G. The two fence viewers so chosen shall examine Examine prrm- 
the premises and hear the allegations of the parties. In ' ''^• 
case of their disagreement they shall select another fence 
viewer to act with them, and the decision of any two of pooi„. 
them shall be final upon the parties to such dispute, and '^"''' 
upon all parties holding under them. 

§ 7. The decision of tlie fence viewers shall be reduced cc-ision Tcducei 
to writing, sliall contain a descrijjtion of the fence and of flud!"'"" '^'^ 
the proportion to be maintained by each ; and their decision 
upon any other point in dispute between the parties, sub- 
mitted to them as aforesaid, and sliall be forthwith filed in 
the office of the town clerk, or in the office of the circuit 



r^isiuD to b« 



1S5T 



IGO 






Pvtition fcriff 



court in counties wliich shall not have adopted township 
organization. 
r*r».«» TcrnMng ^ j^. If a,^y persoH who is liable to contribute to the erec- 

u> m.«EP (• nco, .3 J I , , . . . Ill 1 

other pa;ty lo tion OT reparation ot a divis on lencesliall nej^lector refuse 
for the period of four weeks after notice in writing so to do, 
to make and maintain his proportion of such lenee, the 
party injured ma}' make or repair the same at the expense 
of the party so neglecting or refusing, to be recovered from 
him with costs of suit ; and the party so neglecting or re- 
fusing, after notice in writing, shall be liable to the party 
injured for all damages which shall thereby accrue, to be 
determined by any two fence viewers selected as above 
provided, and the fence viewers shall reduce their appraise- 
ment of damages to writing and sign the same. 

§ 0. If any person who shall have made his proportion 
of a division fence shall be disposed to remove his fence 
and sulfer iiis lands to lie open, after having first given the 
adjoining owner at least sixty days' previous notice in writing 
of ins intention so to do, he may at any time between the first 
day of December, in any year, and the first dayofAp.il fol- 
lowing, but at no other time, remove the same. 

§ 10. If any such fence shall be removed v/ithout such 
notice, the party removing the same shall pay to the party 
injured all sucli damages as he may thereby sustain, to be 
recovered with costs of suit. 

§ 11. Whenever a di\ision fence shall be injured or de- 
stroyed by fire, floods or other casualty, the person bound 
to make and repair such fence or any part thereof shall 
make or repair the same, or his just proportion thereof, 
within ten days after he shall be thereto required by any 
person interested therein, such requisition to be in writing 
and signed by the party making the same. 

§ 12. If sucii person shall neglect or refuse to make 
or repair his proportion of such fence for tlie period often 
days after such request, the party injured may make or re- 
pair the same at the expense of the party so refusing or 
neglecting, to be recovered with costs of suit. 

§ l". Fence viewers may examine witnesses on any 
and all questions submitted to them, and either of such 
fence viewers shall have power to issue subpoenas for and 
admister oaths to such witnesses. 

§ 11. In nil counties which shall not have adopted 
townshi[> organization justices of the peace shall be cx- 
njjicv) fence viewers of the county. 

5 15. Fence viewers shall be entitled to one dollar 
and fifty cents per day each for the time necessarily spent, 
as ibove provided, to be paid in the first instance by the 
party r'-quiring the .-^ervicfs, and all expense;! of the view 
shall be borne equally between the parties, except in case of 



nvnai^es in m>i- 
<rf rcmov.-ilwitii- 
•ut notice. 



rppilrc*!. 



!• CMC of rp::- 



IIM witrr 



(l wti^t r,,iir.t. 
ril:wf'.:^. 



Tiew.nt, 



tow 



161 1857. 

view to appraise damages for neglect or refusal to make or 
maintain a just proportion of a division fence, in wliicli 
case the costs of \iew shall be paid by the party in de- 
fault, and may be recovered as a part of the damages as- 
sessed. 

§ 16. Damages accruincj to any person or persons un- p<>mnpp% h^w 
der the provisions ot this act may be recovered in an action 
of a.;sf.auj)sif, and justices of the peace shall have juri>tiic- 
tion in ail cases where the damages claimed shall not exceed 
one hundred dollars. 

§ 17. So much of said chapter fifty-one of the Revised '-^^ repcakd. 
Statutes as is inconsistent with tlie provisions of this act 
is hereby repealed. 

Approved Feb. 18, 1857. 



AN ACT to authorize the formation of corporatiotia for manufacturing, tn fofvj rih. rHj 
mining;, mechanical or chemtcul pur(;osos. ii^T. 

Section 1. Be it enacted hy the people of the state of 
It/i7i()is, reprcscfitect in the General »/h.scinb!ij, asJ'oHuu-s : 
Any tlirce or more persons, who may desire to form acorn- company fonn»i 
pany for the purpose of carrying on any kind of manufac- 
turing, mining, meclianical or chemical business may make, For what po»- 
sign and acknowledge before some officer competent to ''^^' 
take the acknowledgment of deeds, and file in the office 
of tlie clerk of the circuit court of the county in which the 
business ot the company is to be carried on, and ah'JO in the 
office of the secretary of state, a certificate in wiiting, in 
which shall be stated the corporate name of the said com- N^aiao- 
pany, the object for which it is formed, the amount of the 
capital stock thereof, the term of its existence, the number 
of shares of which liie said stock shall consist, the num- n-o. of biimm 
ber of directors, and the names of the persons who shall 
be directors for the first year, and the names of the town 
and county in which the operations of the said company 
are to be carried on. 

§ 2. The capital stock of any such company shall not capital str,ok 
be less than ten thousand ncr more than five hundred thous 
sand dollars ; nor shall the term of its existence exceed fifty 
years. Such capital stock shall be fully paid in within 
four years after the date of the license of incorporation 
hereinafter authorized, or the company shall be dissolved. 

§ o. When the certificate shall have been filed a? afore^ cierkor court i* 
said, with the clerk of said court and a duplicate thereof '^'""'^ '**'*'^' 
filed in the office of the secretary of state, the said clerk 
shall issue a license to the persons who shall have signed 
and acknowledged the same, on the reception of which 
—11 



1S57. 



1G2 



Jfo. r>t directors. 



Power toexpfl. 



they and their successors shall be a body politic and corpo- 
rate, in fact a:ul id name, by the name stated in such cer- 
tihoate, and by that name >h:ill Ijave succession and be ca- 
pable of suing and being sued in any court of law or equity 
in this state, and may have a common seal, and alter tlie 
same ,at pleasure, and be capable in law of purchasing 
and l^olding, conveying end disposinf^ of anvE-nch real r.tid 
personal estate, clioses in action and securities, negotiable' 
or otherwise, as may be expedient and necessary to enable 
the said company to carry on tlicir operations and business 
named in such certificate. 

§ 4. Th.e affairs of such company sliallbe managed by a 
board of not less than three nor more than se\'en directors, 
who shall be sttckliolders therein, and who shall, after the 
first year, be annually elected by the stockholders, to serve 
for one year and until tlieir successors shall have been 
elected. During the first year, and until the election of 
their successors, the j)ersons named in the certificate afore- 
said as dirctors shall act as such. Tlie board of clirctors 
shall liave power by a vote of two -thirds of the whole 
number to expel any director from tlie board, for any cause 
whicli the board shall deem sufficient. 
^^-t\>7-\i^s § •^'' T''^ directors shall have power to make by-laws, 
not inconsistent with thf^laws of this state, for the govern- 
ment of the company, and to appoint such officers, agents 
and servants as the business of the company may require, 
and prescribe th.eir duties and fix their compensation. 

§ (-). 'An annual election of directors shall be held at 
such time and phicc an the board of directors may designate, 
and a v;ritten or printed notice cf such election shall be 
f»iven to each stockiiolder personally or sent to him 
through tlic post office, at least fifteen days before the day 
of election, and the election shall be made by such of the 
stockliolders a^ shall attend for that purpose, either in per- 
son or by proxy. All elections shall be by ballot and the 
name and number of shares of eacli stockholder shall be 
endorsed on his ballot. E'\ch stockholder shall be entitled 
to on3 vote for each share of stock held by him, and those 
persons receiving the greatest number of ^•otes shall be di- 
rectors. If from any cause tlje annu;d election of direc- 
tors bo not made on the day fixed for that ])nrpcse, it may 
be held on any day thereafter designated by the board or 
by any three stockholders, of the time and place of which 
the like notice iliall be given to the stockholders as in the 
case of a regular election. 

§ 7. When any Vdcancy shall happen among the di- 
rector=? by dcat'i, resi:.^nation, rel'u'ial or inability to serve, 
orothfrwisc, it shall be filled for the remainder of the term 
by the board of directors. 



r«ctoni. 



May V« b«'<1 bjr 



T^MU-T- 



1G3 1857. 

5 8. The capital stock of every sucli company sliall be ^'^^ 'i.iinwi 

11 1 1 I 1 1 I 11 I personal pf^.^- 

deemeu personal estate, and shall be traiisiorable on ttie oity. 
books of llifi company, in such manner as its by-laws may 
prescribe. All subscriptions to such stock ^hail be pay- 
able in such sums and at such times as the board of di- 
rectors may require, and the board shall Jiave [)0wer to 
provide for the forfeihiic to the company of the stock of 
those wiio fad to make sucli p'aynient. 

§ 9. All the stockholders of every sucIj company shall £t-r,ki,oid.ni to 
be severally individually liable to the creditors of the com- ''®'''''''* 
pany to an amount equal to the amount of stock held by 
them respectively for all debts and contracts made by such 
company prior to the time when the whole amount of its 
capital Slock shall iiave been paid in and a certificate 
thereof made and filed, as hereinafter required. 

§ 10. A majority of the directors, within thirty days Dirrctorf moiM 
after the payment of the last installment of such stock, "-*°' ' '''" 
shall make a certificate plating the amount of the capital 
stock and that it has all been paid in, which certificate 
shall be signed aud sworn to by them and, v/ithin the said 
thirty dayu, filed in the office of the clerk of the circuit 
court of the county wherein the business of said company 
is carried on. 

§ 11. If the directors of any such company sliall do- ^iicn comnanr 
clare and pay any dividend w!ien the company is insolvent, t\v for Xcuruii' 
or any dividend the payment of which would rtndcr it in- ''^''^'^p"*' 
solvent, or which would diminish the amount of its capital 
stock, they shall be jointly and severally liable for all the 
debts of the company then existing, and for all tliat shall 
be thereafter contracted while they shall respectively con- 
tinue in office : Provided, that no director who votes rrcTiso. 
against declaring such dividend, and at the time such div- 
idend is declared cause such vote to be recorded in the 
journal of the proceedings of the board, shall be so liable 

§ 12. Notinng but money shall bs considered ps p'riy- what Pi.aii r<,n- 
ment of any part of the capit-^l stock of any such company, *'-'"'''*"'••'' 
except real estate and personal property, necessary to 
carry en the busi.^ess of the company, which shall be re- 
ceived as payment only at a cash valuation, to be fixed by 
the appraisement, in vv'ritirg, oftwo competent disinter- 
ested persons, one of whom shall be chosen by the company 
and the other by the party whose property is to be ap- 
praised, and in the event of their disagreeing in opinion, 
such appraisers shall call in a third disinterested person to 
act as umpire between them, whose decision sliull be final 
in the premises. Every person acting as such ap})raiser or Aprrattfin, u. » 
umpire shall first make and subscribe an oath faitiifully and "'"'"'■ 
impartially to appraise the property, and when the appraise- 
ment shall have been given in writing and acknowledged 



1857. 10-1 

before an officer authorized to talcc the acknowlednrment 
of dccils and filed in the othce of tlie clerk of the circuit 
court wiio granted to the company its license of incorpo- 
ration, the company may receive such property in payment 
of stock to the extent of its value as so aj»praised. 
■ai^Dst to to § 10. No loan of money shall be made by any such 
'h^j*r. * ^' company to any stockholder therein, and if any such loan 
shall be made, every officer who shall make it or siiall as- 
sent thereto, sliall be liable to the extent of such loan and 
interest for all debts of the company contracted before 
the payment of the sum so loaned, and shall also be 
liable to the company for the repayment thereof. 
•«*rvi:»(!.. ic, 5 14. Every executor, administrator, guardian or cu- 
■iv Toiu. rator shall represent the shares of stock in liis hands at all 

meetings ot the company and may vote accordingly as a 
stockholder ; and every pcrsoii who shall mortgage or 
pledge his stock, «nay, nevertheless, represent the same, 
and vote as a stockholder at all such meetings. 
Mw incrcv? or § 1,'). Tlic stockholders of any s'icli company may in- 
crease or diminish its capital stock, by complying with 
the provisions of tliis act, in any amount which may bo 
deemed sufficient and proper for the purposes of the cor- 
poration, and may also extend its business to any other 
manufacturing, mining, mechanical or chemical bnsiness, 
subject to the provisions and liabilities of this act ; but be- 
^'*^,'^ 5""^ ' fore any corporation shall be entitled to diminish the amount 
r«iuMd.**^" of its capi.al stock, if the amount of its debts and liabili- 
ties shall e--;cced the amount of capital to which it is pro- 
posed to be reduced, such amount of debts and liabilities 
shall be satisfied and reduced so as not to exceed such di- 
minished amount of capital stock. 
wTicT. ihc «• •- § lO. Whenever it shall be desired to diaiinish or in- 
i^ <im.m;'.".i! crease the capital stock of any such company or to extend 
•aiice toiler.- Qr change the business thereof, the boarc'- of directors shall 
call a meeting of the stockholders for the purpose, of the 
time an 1 place of wh'icli meeting a notice, signed by a ma- 
jirifv of the director*, shall be deposited in the post office 
addressed to eacli stockholder at his usual place of resi- 
dence of business id least three weeks hvi'orv. the day fixed 
for the meeting, ana als,o published in some newspaper 
printed i;j or nearest t!ic county in wl;ic!i the company is 
located, fur three successive weeks before that day ; such 
notice shall state specifically in terms t!»c proposition to be 
submitted to such meeting, unless all the Ptockof the com- 
pany be lh»rr rt |;ie.senlr'd. At any such meeting stoek- 
ijolders may vote in person or by proxy, each stociJiolder 
being entitled to one vote (or eacli share of stock held by 
Tot* •< t«>. him; and votci representing at least two-third : of all the 
Ktock of the roinpany fhail be necessary to the adoption 
of any propo.silion of the description contemplated in this 
section. 



'.bCtU. 



105 1857. 

§ 17. If at the time and place specified in t'le notice Moeum. n*,* ui- 
reqiiircd in tlic next preceding section, stockholders shall '''^"'* 
appear in person or by pjoxy in number rpj)resenting not 
less than two- thirds of all the shares of the corporation, 
they shall organize by choosinjx one of the directors chair- <'•">'■"">'"■ »«•* 
man of the meeting and also a suitable. person for seri'tary 
and proceed to vote upon the proposition contained in the 
said notice, and if on canvassing the votes it shall appear that 
two-thirds of all the votes given are in favor ol'tlie j)ropo- 

sition, a certificate of the proceedings, showinsi: the amount 0'''"'^cn'«' ""'"wi' 

r -i 1 « n • 1 • *i i. i 1 • I -i, • uu and ni«d. 

ot capital actually paid in, tlie amount to which it is ex- 
tended or 2 educed, the whole amount of debts and liabil- 
ities of the company, and the nature of the extension or 
change in the business of the companj', sliall be made out 
and signed by the chairman and countersigned by the sec- 
retary and verified by the affidavit of both and filed with wbcre fli«<i 
the clerk of the circuit court of the county, and when s » 
filed the capital stock of such company may be increased 
or diminished to the amount specified in such certificate, 
and the buN^iness extended or changed as therein stated. 

§ 18. A copy of any certificate, license of incorporation or eopT of ocmn- 

• 1 £• !• i» I 1 • f ^1 • . cr.te prima fstil* 

journal ot proceedings, filed m pursuance of this act, cer- ovideuc*. 
tified by the clerk of the circuit court to be a true copy, 
siiall he j)?inia facte evidence of the contents thereof. 

§ 19. If any certificate or report made, or public no- raiso certHta»i» 
tice given by the officers of any such company, in pursu- 
ance of the provisions of this act, shall be false in any ma- 
terial particular, all of the officers who shall have signed offlcornui.ie 
the same, knowing it to be false, shall be jointly and se\'- 
era'ly liable for all the debts of the company contracted 
while they are stockholders or oflicers thereof. 

§ 20. This act shall take effect on its passage. 

Approved Feb. 18, 1857. 



AN ACT to relocate a road therein namcci. jn jorcKs Feb. i& 



186-7. 



Section 1. Be it enacted by the people of the state (f 
Winuis, re])rese7ited in the General ^i'sembhj. That Au- 
gustus C. Lawrence, Hiram Norton and William Lame, of coimnie»ion.M 
Union county, be and they are hereby appointed commis- 
sioners to review and relocate all that part of the public 
road as lies between the mouth of Big Muddy river and 
John Corgis' old place ; that said commissioners shall cause piatu>beru«i. 
a plat and survey of all such additions in said roads as they 
shall deem proper, and file [the] same with the clerk of 



1S57 160 






the ct^unly court of UnLm county, ami also furnish the 
supervisor? of the proper districts with a copy of such sur- 
vey, and all supervisors throu<»h which district siiiii road 
ruii-^ in wliich relocations are so uiaiie shall j.uoceed without 
df lay t> open and keep such relocated parts of said road 
in repair, 
tfw § 2. That the county court ofUnion county shall make 
a rca«onal>'e allowance and j>ay thmi out cl the county 
treasury for tiieir services in lelocatin:^ said road. 

§ :>. ' This act to take elFect and be in force from and after 
its pa'^sai^e, 
ArraovKD Feb. 18, 1837. 



la .'«-» Kci. 12, AX ACT for Ihc rdiof of William Zeij;ler. 

Skction 1. Be it enacted by Ike pco})!e of titv stute of 
Illinois^ 7'fjjrescnte(/ in the General */hscm')/ij, That the 

»-oJ t.> bo .10- governor he and he is herehy authorized and required to 
■'■'**'• cause to be i^sutd and delivned to Williatn ZciL^Ier, one 

Illinois and Michigan canal bond, in lieu cf an Illinois and 
Micliigan canal bond lost by him, the said Wm. Zeigler, 
on the ISth day of ]\Iarch, A. D. IS.l-lr ; said bond being 
ntnnht Tfd fifty-one, and dated in July, ISiO, jia) able to 
Kit harti MoFailand or bearer, for one thousand dollars. 
The said bond shall be for a like sum of princij)al and inte- 

wt.naw.i. ;ia Tfestas ^lic aforcsaid lost bond. And there shall be inserted 
•"^ in said bond, ''^Pruvitlcily this bond shall be void on the pre- 

sentation and claim for j)ayment of the original bond for 
which this is issued as a sub.-litiite, in the hands of any 
persons legally entitled to the ^:anlc." 

&<o4 •..bciiTw ^ o Before the bond mentioned in l.ic foregoing section 
shall be delivered, the said William Zeigler sliall execute 
and deliver to the g(*vernor a good and sullicient bond con- 
ditioned that if the original bond mt ntioned in this act 
shall be presented by a legal holder the»( of and the stale 
bi: ipqu'red to pay the same, then tlu^ said William Ztdgler 
thall refund to the state an amount equal to the bond issued 
under this act and all costs accruing to tiic state in and 
about the matter. 

6 'I. This' act shall take effect and be in force from bnd 
alter its pa5;sage. 

ArpRovED Feb 12, 1857. 



1G7 1857. 

AN ACTIO locale a stiil.o ro.u\ fmm I.nron. in Marsliall county, to Mid- m forro AmUo. 
illi'liort, ill Iroquois county. "^^^ 

Section. 1. />e it enacted by the "people cf the stale aj 
Illin z.v, rrprescnti (/ ill the Gemrat ^Is.unih/^, That Samtiel 
P. Ili'iithou), <j1" Mai>!iall count}', and JiWin St. Jolm, and CommiMiftnart 
Isaac B. Clarlc, of Livingston county, be and lln-y are hereby """'" * . 
apnointed couiinissiontis to vii'W and h)cati-! a state road viow auu urmu. 
from the city of Lacon, in iMarshall connty, ria Minonk, 
in Wojdford connty, and Anaca, in Livingston connty, to 
Middlejjort, in Loquois connty. 

§ '2. Said comnii-Jsioiu'rs shall meet at the city of Lacon t-''"- "«>"■"• 
on or before the 1st day of Sej)ti)mher next, and after bein^ 
duly sworn b}' pome ju^itice of the peace or the cie-ric of 
the county conrt of Marshall count} , taithfully to disciiarge 
their said duties, shall proceed to view, mark and locate nmie^. 
said road upon the most practicable route, having due re- 
garrl to private property, and shall make report to tiie clerk uopor\ 
of the county courts of the respective counties through 
whicli said road passes, and also a j)lat of said road which 
said report and plat shall be by the said clerks filed in their Pi^t oiu. 
said olHces, and the said clerks of the said county courts 
shall make a copy of said piat for each township through (;opyu.i.oi.ia<>. 
whicii the same passes in the said counties which have 
adopted townshij) organization, which shall be by him lur- 
iii«hed to the town clerks of said townships. 

§ o. Said commissioners shall assess all damages where riii..icr«, uw 
any are claimed along the line of said road, and report the *^'*'''- 
same to the clerks of the said county courts, which said 
amount of damages shall be paid by tlie several towns re- nuw pai.-. 
spectively through which the same passes, in the coujities 
iiaving adopted township organization, and by the couikty 
couits of the said counties which have not adopted town- 
ship organization: Provided^ the finances of said counties vtcMtc. 
will justify such payments, and that such assessment of 
damages shall not be unreasonable. 

§ 4. The said commissioners shall have pow^er to employ Kuipioy kui v^yor 
a surveyor, chairmen and all hands that may be necessary 
to locate said road ; the expense of said location and sur- 
vey shall be paid by the counties through v/hich the same kxi>piiic?, »«>* 
passes, in proportion to the distance in each county. ^"'"^• 

§ .'). It shall be tiie duty of the proper authorities in r.oa<itjLc<.io»t<» 
each county through which said road passes, to cause the 
same to be opened sixty- six feet wide, and to be kept in 
repair as other state roads. 

Approv£d Feb. 18, ISoT. 



1S37. lOS 

u i*r«i Feb. IS, AN ACT to esiabUsh a rcconler'a court for the cities of La Salle and 



1S&7. 



Peru. 



[Section 1.] Be it cvadal h}/ Ihc people vj the state of 
I/tiiioi'i, 7-t'presef:fe(/ in llie Genera/ ..'jssc/nh/i/, Tiiat there 
shall be establislied in the cities of La Salle and P<!ru, in 

»•*»<»«*• oonrt. La Salle county, an inferior court of civil and criminal 
jurisdiction, which court shall have concurrent jurisdiction 
with the circuit court of La Salle county in all civil and 
criminal cases, excepting; cases of murder and treason, 
which court shall be called the recorder's court of the 
cities of La Salle and Peru, and shall have concurrent 

imittaieiion. jurisdiction with the circuit court of La Salle county, in 
the towns of La Salle and Salisbury, in said count}', except 
in tlie ca<?es abo\ e excepted. 

j**t^ how ap. § '2. The judge of said court shall he nominated and 

'""''^' ajipointed by the governor, by and with the advice and con- 

sent of the senate, and shall hold his office luitii the next 

wb*t« and how general election for judges of the circuit court in this state, 

m.mu-a. y^(j until his successor shall be elected and qualified. At 

said election, and at every general election forjudges of 
the circuit court of this state there shall be elected by the 
qualified voters of said cities and of said towns of La Salle 
and Salisbury, a recorder of the cities of La Salle and 

c uTL ippjiniei. Pp^^^ 'p|,f. ju'lire of Said court 5liall have j)ower to ap- 
])()iiit a clerk of said court, and the said clerk shall give 
bond to perfoiin the same duties and bo subject to the 

r.^ 1/ d. ri. same liabilities and be entitled to the same fees as are or 
may be provided by law in relation to ck-rks of the circuit 
court. The judge of said court shall be called the re- 
cord»'r of the cities of La Sal!e and Peiu, and shall receive 

j»<i«e'«»a:ary. an antiual salary of live hundred dollars, to be paid quar- 
terly out of the state treasury, and such additional com- 
pensation as the city councils of said cities mtiy allow, and 
in addition ther»'to shall receive the like fees as are re- 
ceived Dy the judge of the Cook county court of common 
pleas, to be collected in the same manner as is provided 
by law fur liie collection of the fees of the last mentioned 

jtidge. 

otr •turnpy., § 4. The city attorneys of the cities of La Salle and 
.«r atjr. Peru shall be prosecuting attorneys for said court, and may 
act separatt ly in the terms of said court, held in their said 
ci'itM, or jointly if the judge of said court shall so order, and 
they sImU leceive the same frf.a as are now allowed by 
law to slate's attorneys, and such additional compensation, 
to be paid out of their respective city treasuries, as the 
cauneils thererjf re>j)e(;tively may order and dircK^t. 

jmi—, bow K- § •'>• The griiii<l Hiici petit, juiors of Said court shall be 

'•'*'*'■ 3eb-f;fc(l from the qufiiilied voters in the territery embraced 

within said citie:i and towns of La Salle and Salisbury, in 



169 1857. 

such manner as tlie eit}' councils of said cities may direct; 

for wliich i)urr)Ose racli city council of the citv in wliicli ^'''y conntii ti 

.1 •' 1 111- • I i ■•/• , "i 11 ceitilylitU 

the court is to be held is required to certify to the clerk a 

list resj)ective]y of the grand and ])etit jurors at least ten 

days before each term of said couit: Fi-oi'idal, that the proviso, m •» 

said court may cause talismen to be culled and to serve ''''''^'"^"• 

as jurors, subject to the same restrictions and in the same 

manner as is now provided by law in relation to jurors in 

the circuit court: Provided, furtlicry\\\A\.s'A\i!i jurors shall 

be entitled to the same fees as now provided by law in re- juror»>fe«. 

lation to jurors in the circuit court : Priividid J'urllu ;% that 

grand jurors need not be summoned unless the judge shall 

certify to the city councils the need thereof. 

§ 6. The regular terms of said court shall be held on ronrts, viw» 
the first Mondays of January, April, July and October of ^^^'^' 
each year, at such places as the city councils of said cities 
shall designate. The first term of said court shall be held 
on the first Monday in April next, in the city of La Salle, 
and alternately thereafter in the said cities. The judge of 
said court shall determine the duration of the terms, and 
may call special terms when the business of the court in special tcnw.. 
his opinion may require: Provided.) tliat ti.e city councils proviso. 
of said cities may change the times of holding tiie regular 
terms of said court. 

§ 7. Changes of venue in all cases may be taken from vcnuo. 
said court to tlie circuit couit of La Salle county for the 
same causes and in the same manner as changes of venue 
are now by law allovved from the circuit co.irt, and when 
the petition s'.rall allege that the i.ihabitants of La Salle 
county are prejudiced against the petitioner, the change of 
venue shall be to the circuit court of some adjoining county. To what court. . 
where the causes of complaint do not exist: Providid, 
that if the judge of said court shall not be satisfn-d tliat 
said petition is true, tie court ma> require the j)etition to 
be veritied by the oath of some credible person other than 
the party applying for such change of venue, and may re- 
quire the reasons for the belief of the petitioner to be stated 
in the petition. 

§ 8. All fines and forfeitures reco\ered in said courts fine?, to «iioni 
for the violation of any state law shall be paid into the city 
treasuries of said cities in equal proportion, an<l the fees 
of the grand and petit jurors, and all fees attendine: the rxponso or pt- 

I J ' , , . ~ ncs. how paul. 

summoning of the same shall be paid out of the city trea- 
suries of said cities in equal ])r()])ortion, and the cleik of 
said court at the end of each term thereof shall ceilily to 
the city councils of said cities respectively all fees that 
may be due the jurors at each term. 

§ '.'. The city councils of said cities shall provide a seal scaiorooort. 
for said court, and all processes issued from said court sliall 
be attested in the name of the clerk, and be impressed with 



1857. 170 

the *5oal of the coiut, and sliall run tlivoiighout tlie territory 
wiUiin the juri. diction of said court, a>id shall also run 
throuqlsout the county of Lr\ Salle, eiul also the state, in 
all cases where the |iroct ss issued hy the circuit court or 

P iaiM » n»y ran. (lie clerk thereof may hy law run into any other county 
than the one in which the same may be issued, and shall 
be returnable in the same manner as like process is madft 

pton^ returnable in the circuit court : Proviihtf^ that all criminal 

process shall run throuijhv ut the slate as criminal process 
issued by the circuit c urt. 

u«i«hji »!vi § 10. The m.irs!»i=ls" of said cities, or either of (hem, 
*" * "'^" and the sheriff of La Salle county, are hereby authorized 
to execute all processt s issued by or out of said court, or 
which may otherwise come into their oreither of their hands, 
and make due return o{ the m.mner of executing the same, 
as n )w provided hy law \\\ relation to sherili's in like cases, 
and when they or either of tl em siiall have executed any 
criminal process, they shall take recnprnizanee, and make 
return thereof as is now provided by law in like cases, in 
rrlation to sheiifls ; and the said marshals or sherili's shall 

Tb«Mrf,>« be entitled to receive the same fees allowed by law for 

like services. 

App*»is wiion § 11. .All appeals, proceedings in the nature of appeals, 
and writs oi ci rliurari taken from judgments of justices of 
the peace, and <Uher inferior tribunulj within the towns of 
La Salle and Salisbury, may he taken to the said court in 
like manner as now provided hy law in relation to appeals 
and writs of ccrtijrari from ju>^tiees of the peace to the 
circtiit court, and shall be there heard end dftermined as 
in like ca^es in the circuit court, and appeals may be taken 
ri. and writs ol error prosecuted to the suprc'ine couit as now 
provided hy law in relation to ap|)euls and writs of error 
from (lie circuit court to the supreme court. 

K^fi »a Chan- ^ j2. The judge of said court sliall apj)onit a master 
in char.cery for said court, who shall be q:aliliid in the 
samr manner, be subject to the same liabilities, |)osspss the 
same powers, perforin the same duties, and be entitled to 
the same f»'es as other masters in chancery. 

9«i««^i»ro»o;ty J l-J. All sales of property made by virtue of »ny pro- 
cess of said court, in which in a like case tiie sherilV would 
be required to make such sale at the court house, shall be, 
by .jtk; of the marshals of said cities or the shcrilfof said 
county, made at th.- place of holding the court from which 
Bucli process issued. 

j«dc«aauiic <. § 14. All judgments render(d in said court shall become 
liem in like manner and to take extent as judgments ren- 
dered in th»' rircuit court, and shall bo erdorcrd and col- 
lpct»»l in lik»' manner. Partirs, hy agreement, in civ il cases 
may di^jjM'tMe with a jury, and submit their ca.-;eH to the 
judgment of the court. 



••'T 



171 1857 

§ 15. The city councils of La Salle and Peru sliall pro- J^ii. 
vide a jail or j.iils in vvIul-Ii to keep prisont-rs, and tlio ex- 
pense ol' L'eejjiiig and sending tlie same to the penitentiary 
shall be paid in lie same inaniier as is now provided by 
law f;)r kce[ i;ig and sending prisoners from l!ie county 
jails to tlio pciiitcntiiry. 

§ It). The practici) in said court sliall conforni to the iTacUce. 
practice in the circuit court so i'nv as applicable. 

§ 17. This act siuill be deemed a public act and be in uwa rcpuaien. 
force Irom and aftec its passage, and all laws conllicling 
tberewilii are hereby repealed. 

ArrRovKD Feb. 18, 1857. 



AN ACT for llic fc'.ief of Lorenzo Card. m force April 5«, 



1857. 



WiiERKAs it is represented tliat Ebenezar Yearly pur- pr.am'jie. 
chased fractional Jots six and seven, in section sixteen, 
of towtisiiip five south, range six west of the fourth prin- 
cijial meridian, at j)ublic sale by the school commissioner 
of Pike county, Illinois, on the third day of May, A- D. 
18..U! ; and whereas it is represented that said purchaser 
has conveyed his interest in said lands to Michael Gard, 
who has in like manner conveyt d the same to Lorenzo 
Gard ; and whereas it is fiutlier represented that no 
patent was issued to the original purchaser of said land, 
and that by reason of the death cf said purchaser there 
is ditlicnlty in procuring the title from the state to said 
lands; therefore, 

Skction I. Bt it enacted by tlie people of the state of 
Illinois!^ represented in the General *,^ssem!)ly. That the 
auditor of state shall make out in the usual form a patent ^uuto.-'* amy 
to said Lorenzo Gard for the above described lands, 
which shall be signed by the governor and countersigned 
by the auditor, and shall h ive the seal of the state thereto 
affixed by the secretary of state, and which said patent shall 
vest in said Lorenzo Gard the title in fee simple to said 
lands : Piovided, ncvcrt/iehss, that nothing in this act con- provi»o. 
tained shall be construed to affect or prejudice the better 
legal or equitable title of any third person in or to said 
lands. 

Approved Feb. 18, 1857. 



1857. 172 

tater>» Kcb. 14, A\ ACT for the relief of Janiea \V. IMwar.Is. 

Section 1. Be ii enacfed bi/ the people of Ihc sfafc oj 
}Uinui<i^ represicntcd in Ike Genera! »Js.<teni!>/i/y 'I hat upon 

A^«w »»ta»i.> the payment of the sum of one hundred dollars into the 
treasury of the state of Illinois, hy James W. Edwards or 
his legal representatives, tlie auditor of said state shall 
convey to said J.inu>s \N'. Edwards or to his lethal rep- 
resentatives, all the rii;ht, title and interest of said state of 
Illinois in and to lot number tliirleen (l'>,) in block num- 
ber six (i»,) in Robert N. Curry and Ralph H. Ilurlbut's 
addition to the town of Mt. Sterling. 

wwMMi' riiht*, § '2. Nothing in this act shall be so construed as to af- 
fect the rights of said Edwards or any other ])crson to 
recover upon any covenants or warranty made in relation 
to the title to said town lot. 

^^^ § o. Tiiis act shall be null and void if the ])ro-visinns 

thereof ^re not complied with in one year from its passage. 
This act to be in force and take efTect from and after its 
passage. 

AmiovKD Feb. 14, l'^^)7. 



tkM/dJtr 



u foroe Fca. 13, AN ACF to vacate and rclofite a i-prtiiin roail therein named. 

Section 1. Be if etiacle'l b\j the people of the state of 
lUinuis^rejireseulcil in the (ieneral tlssembli/., That so n\uch 
•Mdr»ai«a. of the road known as the llarrisonville road, leading from 
Waterloo to llarrisonville, in Monroe county, as lies in 
section twenty-five, in township two south, of range ten 
west, be and the same is hereby vacated. 
i»»i-.:irri, ^ 1. Be it fnrtlier enacted^ That William L. Adelsperger, 
John P. I'rown and George fj. Ditch is hereby aj)poinled 
commis-^ioners to review and relocate all that part of said 
road hereby vacated, on the most {'ractieal ground, having 
a due regartl to rights of the proprietor:* of land over which 
the same may be relocated, and all the expenses incident 
to the relocation of said road sliall be paid as now provided 
by law. 

§ o. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 13, 1857. 



173 3 RAT. 

AN ACT lo aiil'inri/.o llie srliool coinmisBionor or Carroll county to re- i" f"r<"o foh. u, 
survey, appraisu ami sell certain school lands in said county. ^^^ 

Skction 1. Be it enacted hxj the people of the state of 
llUnuis, represented in the General %,1ssevnhbj ^ Tliat the 
{»c!iooI commissioner of the county of Carroll, in the state of Efhr.-.i Kortinnte 
Illinois, is hereby authorized and reqnirtd to cause the school '"' r«»""cjod. 
section number sixteen, in township number twoiity-five 
north, rauL^e four east of the fourth principal meridian, to be 
resurveyed and laid ofFinlots to contain not to exceed ninety 
acres each, and after the same is surveyed and laid off in 
lots, to cause the same to be appraised accordiiig to law, Appraised 
any appraisement or survey of the same heretofore to the 
contrary notwithstanding, and after such survey and ap- 
praismenl, that said school land may be sold and the ])ro- 
ceeds of the same apportioned in the manner provided by 
law. 

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

Approved Feb. 14, 1857. 



AN ACT to f stablish a court of common pleas in the cily of E'gin. in force, rob. te. 



JS61. 



Section 1. Be it enacted by the people oj the state oj 
IilinuiSf rejjresentcd in the General Jlssent'du^ That there 
shall be established in the city of Elgin an inferior court ccnrtcstabii.r^i 
of civil and criminal jurisdiction, which said court shall be 
a court of record by the name of "The court of common 
pleas of the city of Elgin," and shall have concurrent 
jurisdiction within the city of Elgin with the circuit court Jurisdiction 
in all civil and criminal cases, except in cases of treason 
and niurder, and the rules of practice of said court shall 
conform as near as may be to the rules of practice in the 
circuit court of Kane county, except as hereinafter ])ro- 
vided. Said court and the judge and clerk thereof shall 
respectively have the like power, authority and jurisdic- p wcr of jadira 
tion, and perf()rin the like duties as the circuit court and ^"J''^'" 
the judge and cleik thereof in relation to all matters, suits, 
prosecutions and proceedings within the cily of Elgin, so 
iar as the same are not limited by this act. Said judge 
and clerk shall be elected by the qualified voter.^ of said Tube ticcua. 
city, and shall respectively hold th( ir olHces for four years 
and until their successors shall be elected and (jualilied. 
The Hrst election thereof shall be lieM at the time of elec- 
tion of mayor of said city in A. D. l'':)7, or as soon tht-rt- 
aller as the common council of said city may pro\idej and 



like election!' sliall be held every four years thereafter. 
Tlie persons having the hi>;!iest number of votes for said 
otfices respectively shall be declared elected thereto and 
shall be ommissioned b}' the gi^vcinor. 

*^^'r, •- ^^ i2. Tlie said judge shall be called the "Judge of the 

court of common pleas of the city of Elgin," and shall 
receive such annual salary, not exceeding five hundred 
dollars, as t!io common council may by ordinance (Vter- 
mine, to be paid quarterly by the said city, and shall re- 
ceive the like fees in addition thereto as is received by the 
judge of the Cook cdunty court of common pleas, to be 
paid aiul collected in the same manner as the tecs of the 
said last mentioned judge are paid and collected. 

kmi § *'. Said court sliall have a seal, to be provided by the 

•city of Elgin, and saiJ court shall be held at su^h place as 
shall be provided by said cifj-, and the exj.ui.ses tliereof, as 
herein otherwise ])rovided, shall be paid by said city. 

fnrt*; ^ ^T 6 4. The process of said court shall be tested m the 

***^ • '^ name of t!ie clerk thereof, and be issued and executid in 
the same manner as process from the circuit court of said 
county of Kane; and all orders, judgments and decrees of 

uoat,'.-. said court shall be a lien upon real and personal estate, 

and shall be enforced and collected in the same manner as 
orders, judgments and decrees rendered in the circuit courtj 

M-ntit and npppals from the orders, juclgmcnts and decrees of said 

court directly to the supreme court shall be had in the 
same cases and taken and conducted in the. same manner 
^3 is provided by the laws of this state for the talking of ap- 

iv»»i*> peals and writs of error f'oin the circuit court: Providsd^ 

that the judge of said court shall have full power to estab- 
lish all ruch rules of practice at law cr in e(|uily as he may 
think necessary to expedite the business of said court, 
which rules of practice shall be binding ami obligatory 
upon the parties'to suits in said court from the time they 
shall ho entered of record. 

o«.irt#h«M 5 ;"». The judge of said court shall l;v)ld four terms of 

paid court in each year, commencing on the second Mon- 
days of Marcli, June, October and December, and shall 
continue each term until all the business before tiie same 
is disposed of. The said judge sh;^ll have power to appoint 
Hjccicd tf-rms of said court at such times as he may t!ii;.k 
proper, upnui giving twenty days notice thereof in some 
newspaper p!ibli^hed in said city, which notice shall bo 
given by tlic clerk of the said court under the order of the 
jridgp of raid court, and the Raid court shall always be con- 
sidiTcd open for the taking of judpiments by confession, 
which nay bn rntnrr-d at any IIuk* upnn filiiig tlie proper 
papers with the eh rk of said cotirt, and have the samo 
force and effect as if entered in tt rm time. 



•v*4kl inrrtm. 



175 1857. 

§ G. All recognizances, excopt in cases of treason and uecogniMiwcw 
murder, taken belbre anyjtulj];e, justice or mai^istrate re- 
sidin<T in said city, in oriiiiinal cast:s, sliall be made return- 
able to said court, and it shall be ilie duty of llie officers 
takinjy the same to return all the papers in such criminal 
oases to the said court; and all fines, penalties and for- 
feitures had r>r taken in any such criminal [jroceediiig-i shall 
inure to the benefit ot said city, and shall, when collected, 
be paid into the city treasury. 

§ 7. All appeals and writs of certiorari from decisions of App.'at«. 
justices of the peace or other magistrates within said city 
slia!l he taken to said court of common phas, and shall be 
there heard and determined as in like cases in the circuit 
couit. 

§ 8. Changes of venue in all cases, civil or criminal, ciianj;e of veoo«. 
may be taken from said court to the circuit- court of Kane 
county, when the ])arty ])raying for such charge of vcnne 
or his attorney shall make atiidavit that in his or her belief 
justice and a fair and impartial tricil requires such change 
of venue, stating in such affidavit the particular facts and 
circumstances upon which such belief is founded. 

§ '.^ The sheriii' of the county of Kane shall perform the nmyof sbertff. 
same duties and have the same powers and be liable to tlie 
same penalties in the said court as in the circuit court; and 
the said sheritf and clerk of said courc of common pleas 
shall respectively be entitled to the like fees and compen- Fei«. 
sation that now are or hereafter may be allowed lor siinilar 
services in the circuit courts of this state, to be received, 
collected and ])aid in like manner as such fees now are or 
hereafter may be. And in criminal cases when the de- 
fendant shall be acquitted or otherwise discharged without 
payment of costs, the said sheriff end clerk, in addition to 
what they are now allowed by law, shall be paid tiie sum 
of thirty dollars each per annum, payable quarterly out of 
the county treasury. • 

§10. The city attorney shall be the slate's attorney cityatu.m.y 
and the prosecuting attorney for said court, and for his 
servjces therein shall receive such salary as the cpmmon salary. 
council may by ordinance determine, to be paid by said 
city : Pruvidedj such salary shall not exceed two hundred Pn.viso 
dollars, and the board of supervisors of Kane county shall 
allow a. id pay such attorney .in addition to such salary the 
like fees in all cases of conviction in said court arising nn- y«« 
d<T the laws of this state as are paid to the state's attorney 
of the circtiit. 

5» II. The grand a:'d petit jnrnrs of said court shall be j-irici., how •»- 
selected from the voters of said city, in the following man- ''■'*^'*^^' 
ner : the city council shall ai\nually select two hundred 
nani'-'S of persons who are qualified to act as jurors, and 
who are not exempt from such service from ihelist of such 



1857. ITi) 

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 purpo<e, and ilrpo^it such names upon separate 
pieces oi' j)aper in a jury box, from which he sliail draw the 
names of the s;ratid and pelit jurors, at It- ast ten days before 
the first d:»y of each term of saiil court, in tlie presence ol the 

rroTiia mayor or two alderman of said city: i^r.^/vVAv/, that the 

judijje of said c )urt may in his discretion direct that the 
grand and petit jurors or either of them to be summoned 
to attend any term of said court be selecMed from the city 
and township of El«;in : ,l)i(lp)\)viiLil,J'iirtlur, that if for 
any cause said grand or petit jurors shall not be drawn md 
selected in the manner aforesaid, or in case of vacancies in 
the panel thereof or of the execution of the same, said 

awrin tnaj rfourt may direct the same to be summoned by the sheriff 

"'^'*^ as now j)rovided by law in the circuit court. All vcnirat 

for jurors in said court shall be issued by the clerk of said 
court and executed ^y th.e sheritF as in other cases ; and all 
laws in relation to jurors, their compensation, duties, pow- 
ers, authorities and proceeding as far as not inconsistent 
with the provisions of this act shall be applicable to said 

!>«"••» court: Proriilcil^ that the fees of jurors shall be one dollar 

per day, to be paid out of the county treasury on the cer- 
tificate of the clerk of said cou«-t. 
.«»^ tnsy ex- ^ \1. The judgc of Said court may interchange with 
*''*^*" the judge of any circuit or other court in this state, with 

the same rights, duties and powers as are or may be confer- 
red upon judges of the circuit court of this slate in like 
cases. 

Twan-i'K, t-,w ^1;*,. Any vacancy in the olFice of judge or clerk of said 

'*^' court of common pleas may be filled by election at such 

times ns may be appointed by the common council of said 

city, and the person elected to fill such vacancy shall hold 

liis office until the next regular election for such office as 

rioTiw. provided by this act : Provuhd^ that a clerk ])r:> Icm. 

may be appointed by the judgc thereof when necessary. 

o-'^iicr , «tcr» f 14. In all cases in said court where, by Iho laws of 

■*"■ this state, the oirenders may be sentenced to the county jail, 

the said judge or court may siiitenee such offenders to the 

coun'y jiil of said county of Kane or the liridewell or house 

of correction of said city, in his discretion. 

§ l."». Tliis act is declared to be a public act and shall 
t%ko effect and be in force from and after its passage. 
Approved Job. JO, 18.37. 



177 18r)T. 

AN ACT for the relief of Hash Jackson. In toico Fob. 14. 

° 1861. 

Whekeas Hugh Jackson, late sliei ifi'of Greene coun'y, had Preamble, 
deposited in the iron safe in the county clerk's olHce in 
the court house, in CarrolMon, the sum of twenty-one 
hundred and twenty-five dollars, twelve huiulrt'd and 
twenty-six dollars and seventy-two cenis of which was 
a portion of the state revenue and eight hundred and 
ninety-eight dollars and twenty-eight cents was a por- 
tion of the county revenue collected by him for the year 
1854 ; and wliereas the siid iron safe was, on the I'Jth 
day of May, A. D. 1855, broken oj)en and robbed 
of said sum, no part of whirli has since been recovered, 
and inasmuch as said sum has been lost without any 
fault or neglioence on the part of the said Hugh Jack- 
son ; therefore, 

Skction 1. Be it enarted hy the people of the ^tnte of 
Illinoit^ represented in the General tjis.se?nb/i/. That said 
Hugh Jackson and his sureties be released and discharged "oJcase^ 
from all liability to the state for said sum of twelve hun- 
dred and twenty-six dollars and seventy-two cents, the 
amount standing against him for ti.e taxes due the state of 
Illinois for the year of our Lord one thousand eiglit hun- 
dred and fifty-five. 

§ 2. The auditor of public accounts be and hereby is Diuy.i andiiw 
required to make such an entry upon his books as will 
show tliat the said Hugh Jackson is no longer charged or 
chargeable with the aforesaid sum or any interest therefor. 

§ o. The county court of said Greene county may, if ^Grre'e'^^'^ii^ 
the same be deemed advisable, release and discharge the duiyor. 
said Hugh Jackson and his sureties from the sum of eight 
hundred and ninety-eiglit dollars and twenty-eight cents, 
due the said county as aforesaid. 

§ 4. Tliis act To take effect and be in force from and 
after its passage. 

Approved Feb. 14, 1857. 



AN ACT to anttiorize the comtnissionera of hiRtiways of the town of In fo»%« Fefc. l«, 
Wayne, in Du Page county, to alter the route of a certain state road. '^*'' 

Sectiom 1. Be it enacted hy the people of the state of 
Illinois, represented in the General t/issemhh/. That the 
commissioners of higliwayg of the town of Wayne, in Du ^J, 
Page county, are hereby authorized to alter the route of so 
much of the state road located through said town in the year 
1849, by Elijah Wilcox, Augustus Adams and Luther iler- 



".TTimiBtiMArfl 

Uutj. 



1857. ITS 

rick, commissioners, as runs across section five, in said 
town, wlienever such alteration sliall be petitioned for in 
the tnanntT required by sections one and two of article four 
of the act to provide for townsliip orc;anization. 
B^ p-fl-r^wi. ^ 'J. The siud commissioners of highways, in the exercise 

of the authority conferred by this act, shall proceed in the 
pame manner as is requ-red by tht^ laws now in force relati\e 
to the alteration of other roads, and appeals may be taken 
and prosecuted from orders made by them, either in rela- 
tion to the alteration of said road or the assessment of 
dam:ic;es, as in otlier cases, and the supervisors to whom 
such appeals are taken shall be governed by the laws now 
in force relative to road appeals. 

§ 15 This act to take eflfect from and after its passage. 

Approved Fob. 10, 1S57. 



la f'rreFcb. IP, AN ACT to rolccate a road thprcin named. 

1967. 

Section 1. Be it enncfcd hy the people of the state of 
H'muis, represented in the General t'JssetJih/i/, That Au- 

•oounh^ienvr*. gustus C. Lamer, Hiram Norton and William Lamer, ot 
Union county, be and they are hereby appointed commis- 
sioners to review and relocate all that part of the public 
road as lies between t!ie mouth of Dig iVIuddy river and 
John Cargan's old place; that said commissioners shall 
cau'?e a plat and survey of all such alterations in said road 

n^touj «•»!. ^^ they shall deem proper, and lilc the same with the clerk 
of the county court of Union county, and also furnish the 
supervisor of the proper district with a copy of such sur- 
vey; and all supervisors through whose district said road 
runs, in which relocations are so made, shall proceed with- 
out delay to open and keep such relocated parts of said 
road in repair. 

■ej^*"* f, hsw 6 2. That the county court of Union county shall make 
^^ a reasonable allowance and pay them out of the county 

treasury for ihrur services in relocating said road. 

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

Ai'PRovKD Feb. 18, ISfj?. 



179 1837. 

AN ACT to ,ittr\ch corNin fractional townships tof^ether for school pur- la '•fio kcu. it, 
^>o;''3 iii the county of Cariol. '^''• 

Section 1. Be it enacted by tke people of the state oj 
Illinois, represented in the General Jlssemhly, Tliat tlie 
fractional, township number twenty-five north, ot'range two, sch.K.i u w«tT,tp. 
and the fractional township number twenty-five north, of 
range three east of the fourt!» P. M., in the county of 
Carroll, and the said state of Illinois, be and the said 
[same] are hereby united for school purposes, and that 
hereafter the said township shall be deemed and con- 
stituted as one township for school purposes, anything 
heretofore to the contrary notwithstanding. This act to 
take effect from and after its passage. 

Approved Ftb. IG, 1857. 



AN ACT in relation to the city of Qnincy, and for other purposes therein in forcA p*b i«, 

expressed. iflM. 

Sectfon 1. Be it enacted hy the people of the f^faie of 
Illinois, represented in the General %^sstmhly, That all 
that part of the northwest quarter of section number six, B«nndariw. 
in township two south of the base line, of range eiglit west 
of the fourth principal meridian, in the county of Adams, 
which lies north and west of the public road or highway, 
extending east through said quarter section of land, from 
the eastern termination of Main street, in the city of Quin- 
cy, in said county, to a point where said road strikes the 
land of William A. Richardson and Henry V. Sullivan, and 
runs thence north until it intersects the public road or 
highway, running east from the eastern termination of 
Broadway street, in said city, to a point opposite the resi- 
dence of I. N. Morris, which said premises so lying north 
and west of said road and commonly known and called 
the Institute ground, be and the same is hereby declared 
to be embraced and included within the corporate limits ^-ithin u,e •ot- 
of the said city of Qnincy; and the said city, or the ^,'i';[^"'""* " 
corporation thereof, shall have, possess, enjoy and exer- 
cise all the corporate powers, riglits and jurisdiction over 
the district of country hereby embraced within the limits 
of said city that they now have, possess, enjoy and exer- 
cise within and over the corporate limits of said city, it 
being the true intent and meaning of tliis act to embrace 
said flistrict of country herein described within the corpo- 
rate limits of said city, for all and every purpose embraced 
within the charter, laws and corporate powers thereof. 



l^.^T. 180 

F»iUi prvr^rtT ^ '2. The public nronertv belonjjinfir to Union school 
A.uriat. district, 111 the county ot Adams, and which is situated 

within the limits ot the Institute ground, embraced within 
the corporate limits of the city of Quincy by the provis- 
ions of this act, shall be held, owned, enjoyed and possess- 

'biJkc'^^^ ' •^ ed by the said city, but it shall he the duty of s?id city to 
establi?h ai d keep up dec schools withiti the limits of the 
district of country hereby attached to and made a part of 
the corporate territory ol said citj-, in the same manner 
and daring the same length of time in tach and every year 
that common schools are now kept up in said city of Qtiin- 

Trm^ , ^ b ^y ♦ ^"^^ '" consideration of the said public j)roperty be- 
longing to saitl Union school district, being surrendered to 



■ arr«aJorrU 



the said city of Quincy, the inhabitants resiiiing on the terri- 
tory composing the same shall forever enjoy and possess 
the right to send all such scholars as they may have in their 
respective faiuilits to the free school or schools which shall 
be estabii'shed as herein required within the limits of the 

^•uc»toQ-.r..-y territory hereby attached to asid made a part ol the said 
city of Quincy, which said territory shall not hereafter be 
taxed for school ])urposes other than those provided for 
the persons residing thereon and the general school law of 
the state: Piunided, tliat all that part of the territory now 
composing the said Union school district, which lies in 
township two south, of range eight west, except the west 
half of section six, in said township two south, of range 
eight west, shall not hereafter compose any |)art or portion 
of said Union school district, but the same hhall be equally 
divided by tlie trustees of schools in township two south, 
range eight west, between the two school districts lying next 
coiriiTiious thereto, in said township two south, of range 

Pn^ip) eight west: Provided, further, that that portion of the north 

west quarter of said section six, in townshi[) two south, of 
range ciglit west, attached by this bill to and made a part 
of the corporate limits of the city ol" (^nii ey, shall not 
hereafter be a j)art of said Union school distiict. 

,,^^^ § ',]. The legal voters of said Union school district, in 

said county of Adams, shall meet in sai 1 district at the 
usual place of holding school, or at some other convenient 
place, on the last Saturday of April, A. I). isr>7, and vote 
for and ;igainst the foregoing provisiou'J (d' this bill. If the 
majortty of the votes cast at such election sIih 11 be for said 
provisions, the same shall thereafter he in full force and 
cfl'ect; if against said provisions, the, same shall not go in- 
to rfTtrt : /-'n/riVrc/, however, that said provisions shall 
not till', effect and be in force after said vote is given unless 
the city council of the city of Quincy and the board of su- 
.,._ p»n visor.? of the county of Adarns shall by re:iolution or 
'•*• ordinance approve the name, after whicli said provisions 
fhall take effect; it shall be sufficient lor cacii voter to 



•4ar« 



181 1^57. 

write on his ballot "for the provisions," or ** against tlie 
provisions ;" and for the purpose of c<«ndiicting said elec- 
tion, it shall be lawful for the voters ])reseiit to select two 
of their number to act as judges of said eiectioji, and one 
to act as clerk, who shall make a regular record of said 
election ai d the votes cast thereat, and certify the same 
to the clerk ol the city of Ouincy, who shall file and pre- 
serve the same in his office, and said certificate shall be 
evidence of the result of said election. If no election is 
held the foregoing provisions are to l)e in force, if approved 
by the city council of the city of Quincy, and the board 
of supervisors of the county of Adams. 

§ 4. In the event that the lefjal voters of said Union Not to tak« effbci 

, , ,. . I II • , I /■ • • • in the event M 

sclinol district shall vote aganist the foregoing provisions »hp Tote i<i»iM 
of this act or the boundaries of the said city of Quincy *«»""*• 
shall not be extended, as therein provided they may be ex- 
tended, then and in that evi nt an act entitled "An act 
to create a school district therein named," a])proved Feb- 
ruary the eighth, A. D 18'k), which act established said 
Union school district, and all acts and parts of acts passed 
to create the same or supplementary thereto, or in aid there- 
of, oe and the same are hereby repealed. The public prop- 
erty and real estate belonging to said Union school district pubuc property, 
shall be sold to the best advantage by John P Robbins, H. i^-^iupMeJoi. 
P. Prentiss and George Arrowsmith, who are hereby author- 
ized to deed tlie same; and the proceeds thereof, together 
with all the money now belonging to said Union school 
district or which may he her* after acquired, shall be re- 
ceived and receijited for by them, and the same paid to the 
inhabitants or their regularly constituted agent or agents, 
or authority residing uj)on that part of said Union school 
district, lying and being in township one south of the base 
line of range eight west, and the west half of section six, in 
township two south, of range eight west, aforesaid, in pro- 
portion to the relative amount of taxable property now rrop.rtioi. u. u« 
composing said district which lies north and south of the ''^'^'''^ ameout 
township line between one and two south, of range 
eight west. That portion of said Union school district 
lying in township one south, of range eight west, and the 
west half of section six in township two south, of range 
eight west, the first to be called district number one, the 
second district number two, shall each constitute separate 
districts and have, possess, enjoy, hold and exercise all the 
corporate powers, rights, privileges, and have and enjoy all 
the benefits of other school disl ricls. John P. Robbins, Pe- scbooi ^irscton. 
ter Grant and George Arrowsmith shall be schuol directors 
of district number one, and Jonathan II. Tyson, II. P. Pren- 
tiss and Janus S|)rague, of district nuinhcr two, until other 
directors are iegally.elected and qualified. 



1^.:,7. 182 

■<* to m.ui any § 5. Nothing in this act shall in any way interfere 
S^uTe** ^''"^ with or a. mill uny rights the said Union school district 
or the inliabitants thereof may have to any money or 
moneys due thereto or clainuil thereby; but the ri^ht of 
saiti district or the inhabit nuts thereof to recover said 
money or moneys shall be and remain as full and perfect 
as the same now exists by law. 

§ 0. This act sliall be taken and considered a public act 
and be so construed. 

Apfrovkp Feb. 10, ISoT. 



lafer.^ April CO, AN ACT for tLc benefit of the heira of Davi>l Walker, deceased. 



l»67. 



rr«wnwe WnKRKAs by an act of the legislature of the state of Illi- 

nois, entitled "An act to authorize David Walker to 
])urchase of the rtate the land tluiein named," aj)proved 
Feb. otii, 185'3, the auditor of j)iiblic accounts on the Gth 
day of July, 18-'>-}, made, executed and delivered to said 
David Walker a deed fur tlie fractional part of the south- 
west quarter of st.ction eleven, in township 3o north, of 
range o east of the JJd principal meridian; and wheieas 
the state of lilniois had prior to the date of said auditor'.*? 
deed, sold a part of said fractJDnal quarter, ha\ing the 
balaiice ( f said fiacti<tn to said Walker under his said 
purchase ; and whereas doul)ts have been t ntertained 
whether the balance «>f said fraction was tmbraced in 
the .<!aid deed to siid Walker so made as aforesaid ; now, 
therefore, to quiet such doubts and remove all obstacles 
to .he full eij ijinent by the heirs ol said Walker of said 
fraction of land, 

Sectio.n 1. Jh' it enacted hjj the peojile oj the state of 
lllinni^, represented iu titc (ieneral *'lssem'>l}/, That all that 
p«»iii Walker part of tlif* soutliwest fractional (juarter of section eleven, 
in township thirty three (mm) north, of ranee three (JJ) 
east of llu' ;>d prineij>al jn«rit iaii, \y\n'J, in La Salle county, 
and Ptat*' of Il.inoi-, which remained unsold by the state 
on the r)tli day of Ju'y, IH;);',, be and the same is hereby 
vested in the h»irs of David Walker, deceased. 
ArPRovLu Feb. 10, IbaT. 



183 1857. 

AN ACT to amend "An act to provMo for township organization/' ap- '" 'oic<' J'ei). w, 
proved Feb. 17, 1851. *=^^ 

Section 1. Be it enacted hy the people of the state of 
Illinois^ represented in the General Jlssenihli/^ Tliat when- 
ever any town shall fail to elect the proper number of town Jnr.tice, &«., w 
officers to wiuoh such town may be entitled by law, or ccruij. ca*oi 
when any person elected to any town oflice shall fail to 
qualiiy as such, or whentver any vacancy shall happen in 
any town oflice, from death, resignation, removal from the 
town or other cause, it shall be lawful for the justices of 
the peace of the town, together with the suj^ervisor and 
town clerk, to fill the vacancy or vacancies occasioned or 
accruing in consequence of eitlier or any of the causes 
above specified, by appointment, by warrant under tlieir 
hands and seals ; and the iiersons so appointed shall hold Airointce* w 

,, . X- if »-i ii 1 • 4. J hold office, 4.C. 

their respective omces until others are cnosen or appointed 
in their i)Iaces, and shall have the same powers and be 
subject to the same duties and penalties as if they had been 
duly cho"?en by the electors. 

§ 2. Whenever a vacancy shall occur from any cause Vacanrie* m ar- 
in any or either of the offices enumerated in the foregoing uowai'i^'"*"'' 
section, as composing the board of appointment for the 
appointing of town officers in case of vacancy, it shall be 
lawful for the remaining officers of such appointing board 
to fill any vacancy or vacancies thus occurring. 

5 3. In case any town in any county wherein township Freohoider* lo 

i . . , . •' I 1 r^ 1 1. 1 1 II *"^" meeting i« 

organization has been or may be liereaiter adopted, sliail ooruia ea»e>. 

refuse or neglect to orgaiize and e'ect town officers at the 

time fixed by law for holding annual town meetings, it shall 

be lawful for twelve freeholders of the town to call a town 

meeting for the purposes aforesaid, by posting up notices 

in si\ public places in such town, giving at least ten days' 

notice of such meeting, which notice shall set fortli the 

time, place and object of such meeting ; and the electors 

when assembled by virtue ol such notice, siiall have and 

possess all the powers conferred upon them at the annual 

town meeting. In case no such notice shall be given as 

aforesaiil within thirty days after the time for holding the suporTiMr? 

annual town meeting, the board of supervisors of the county 

shall, upon the affidavit of any freeholder of said town, filed 

in the office of the county clerk, or the clerk of the board, 

setting forth the facts, proceed at any regular or special 

meeting of the board, and [appoint] the necessary town 

officers for such town, and the persons so appointed shall 

hold their respective offices until [others] are chosen or 

appointed in their places, and shall liave tlie same powers 

and be subject to the same duties and penalties as if they 

had been duly chosen by the electors ot the town. 



1857. 184 

T«wTi .ffi.f-s § 4. Whenever it sliall be made to appear to the board 
iiy of supervisors llKxt flie town omcers a))ponitea by tliem 

or any preceding board, as provided in the foregoing sec- 
tion, shall linve tailed to (jualify as retjuired by law, so that 
such town cannot become organized, the board of super- 
visors may annex such (own to any adjoining town, and 
the said town so annexed shall thereafter form and ccnsti- 
tute a part of said adjoining town. 

"T* ^*^'^'J 5 o- It shall not be jawlul for the electors at the an- 

whoa hoM .And 3 ' r 

Mw oivnjucied. nual towH meeting, to commence the transaction of any 
business except tliat which shall pertain to the organiza- 
tion of the meeting and the election of the officers of the 
town, until the hour of two o'clock in the afternoon, at 
which hour, or as soon thereal'ter as the electors present 
mav determine, the general buiness of the day which the 
electors may lawfully transact at town meetings shall com- 
mence, and be continued until such business shall be dis- 
posed of; upon the completion of w!iich the moderator 
shall announce the miscellaneous business of the day to be 
closed, after which announcement no farther business shall 
be transacted at that meeting, unless the electors shall, at 
the time of such announcement as aforesaid, so only except 
the election of officers as aforesaid, or that which apper- 
tain thereto, and whereon any matter shall be taken up for 
consideration, by order of the electors present, at the time 
of such announcement by the moderator as aforesaid, the 
electors shall have power to order that no further business, 
as above provided, shall be taken up or acted upon at that 
meeting, after the matter thus taken uj) shall be disposed 
of, which order shall be final, and not subject to reconsid- 
eration. 
p«««T« of e!re- § 6. The electors at town meeting shall have power, in 

iMMingt. *" addition to the powers now conferred by law, to determine 
what sliall be a lawful fence within the town ; also to au- 
thorize and require the commissioners of highwa} s to assess 
a road tax on all real estate liable to taxation in the town, 
to any amount not exceeding forty cents on each one hun- 
dred dollars' worth, as valued on the assessment roll of the 
previous year, but in default of such direction on the jjart 
of the electors, the commissioners of highways sIihII never- 
theless have the power to assess any amf)unt they may 
deem necessary for the j)urposes afonsaid, not exceeding 
twenty cents, as is piovided by the eleventh section, ar- 
ticle twenty-two (22) of the act to which this is an amend- 
ment. 
»Mte, i>r wtx»m § 7. In all case§, where, by the act to which this is an 
iMiftmi aiji(.f,,],nfnt, an oath on any occasion is ref|nired to b(; ad- 
ministered by a justice of the j)eace of any particular town, 
it shall hereafter be lawful if such oath shall be adminis- 
tered by any justice of the county. 



185 1857. 

$ 8. The commissioners of liigliways shall, in their ac- cnmmiBKioner* 
count rt^qnired to be renderea to tlie board ol town an- account. 
ditors, by section two, of article twenty- two of the ai;t to 
which this is an amendment, state |)articiiiarly the ;un( unt 
received from tiie supervisors of the town up to tht^ time 
of rendering such account, and the manner in which tlie 
same, if any sum has been paid out and expended, to whom 
and on what account, which account in reference to such 
statement shall be verified by the oath of said commission- 
ers, or a majority of them. 

§ 9. All ap|)eals from the order or deci-ion of the com- i*ppeaiii,tiowt»- 
missioners in altering, discontinuing or refusing to lay out posed gf. 
any road shall hereafter be taken in thefoHowing manner: 
the appeal shall be addressed to the town chik ot the town 
wherein the road in question shall be, and filed with hira 
within the time now required by law for taking appeals in 
such cases, and in case there shall be no town cleik in the 
town, then such appeal may be addressed to and tiled with 
the supervisor or any justice of the, peace of said town, 
whereupon said town clerk, super\'isor or justice of the 
peace, as the case may be, .shall at once proceed to select 
at his discretion, three suj)ervisors of the county, neither 
of which shall be a resident of the town in which the high- 
way is situated, for the hearing of said appeal, w hich super- 
visors shall proceed to hear and determine said apj)eal, in 
the same manner, and bo governed by the same rules as is 
ROW prescribed by law in reference to ajjpeals i^i such 
cases. 

5 10. The town clerk, supervisor, or just'ce of the ^"'yo"^'«r^'*«» 

^ ., 1 • I • I 1 • r m appeal CM»«. 

peace, as the case may be, in making the selection of su- 
pervisorsa s aforesaid, shall have due regard to the inter- 
ests of the persons interested, and shall, upon making such 
selection or nomination, give a certificate of the same, 
which shall be delivered to the person taking such appeal, 
which certificate said person shall cause to be deli\ ered 
to one of the supervisors therein named within ten days 
from the time of filing of such appeal with the town cl< i k or 
other officer as aforesaid, and shall also, within the same, 
time cause a notice of su( h appeal to be given to tl.e other 
tv/o supervisors named in said certificate. 

§ 11. The supervisors to whom any appeal Fha'l be Jifspssment ^r 
taken a,s afore -aid, shall be governed by the same riilns in '^^"'*''" 
assessing damages as is provided in section six, of article 
twenty lour (-4) of the act to which This is an amend- 
ment, for the government of commissioneis of highways in 
such case?; and when supervisors shall lay out a road iijion 
appeal from the decision of commissioners ot highwa}S in 
refusing to lay out such road, the said siiper\ isitrs shall 
proceed and assess the damages occasioned by the same, 



Jk.C 



1857. ISO 

in t]ie same manner as in case of commissioners of higfj- 
ways in laying out roacL^. 
FM* on •ppcui. ^ \2. The supervisors to whom an appeal shall be taken 
as alMresaid shall be allowed t)ne dollar and fifty cents for 
every day emploved in heaiiiuj; and deciding such appeal, 
or when necessarily engaged in reference 'o the same, to 
be paid in manner as now prescribed by law, and every 
supervisor, as a member of the board of supervisors, shall 
be allowed as a compensation in full for his services and 
expenses in attendincT the meetmsj of the board, and for at- 
tending to any otlier business for the benefit of the county, 
a sum not exfteding two dollars per day, and no more. 
o*ii«otor's boDj. ^ 13. In any town in which there shall be ho town su- 
pervisor, the collector of the town may make his official 
bond to the clerk of the county court of the county in which 
said tivvn may be situated, 
loftoiiector, § 11. The couuty collectors, or treasurers in counties 
adopting town>liip organization, siiall hereafter be allowed 
in their settlement ^vilhthe auditor, tor receiving the istate 
tax from the town colh ctors and paying the same into the 
state treasury, adjusti ig the account:? of said town col- 
lectors, correcting nonresident lists, &,c., a commission of 
two per cent, wlien the amoutjt received does not exceed 
ten thousand dollars, and one per cent, on all sums re- 
ceived Irom town collectors over that amount. 
PTitroi roucttr ^ 15. When two or more persons shall be claimants of 
^i'lwu'^*^^**^*^ any lands, the t)wn collector shall he authorized to receive 
payment of taxes from each claimant of siich land, and 
give receij)tfor tl.e same, an<l said c(dlector shall rejjoit to 
the del k of the county court such double tax, to be i)y him 
dispo<»ed of a<? is now required by law, which receipt shall 
be evidence in all courts where the same shall come in 
questicin, of the payment of taxes on the land therein de- 
scribed for the year or years therein mentioned. 
r«a4«, h'>w .tH § 16. The board of supervisors shall have power to ap- 
^ntriry.ttt ^ pTopriale funds to aid in the construction of roads and 
bridges in any part of their rc-?[)ectivo counties, whenever 
a m;ijority of the whole board of the county may deem it 
projier and expedient, any law to the, contraiy notwith- 
Ftaniiing. 

§ 17. All laws and parts of laws inconsistent with thif 
act are. herel y rej)ealed. 

§ 18. This act shall take cfTect antl be in force from and 
aPer it" passaire. 

ApFRovKt* I'eb. 16, 1857. 



187 1857. 

AN ACT to estaMish the Mari m school district, in Williamson comity, m forcc^Keh. le. 

Section 1. Be it enacted by the people of the state of 
Illinuis^ reju'cscutid in the Gmeral Jlssctnhltj, That section 
scvontoen (17,) oighteen (18,) ninctLTn (lU) and twenty Sd,ooi distrn. 
(■_!*),) in townslii|) nine (I') soutli, olian^e tliiee {■)) east, 
and sections tliiititn (1^',) fourtetn (1-1,) twenlj-tliiee 
(2ti) and twenty-four (-4,) '\i\ townslii|) nin*' ('J) south, of 
range two (li) east, in Williamson county, Illinois, be and 
the same are hereby formed into and shall constitute one 
school district, and be known and designated as the ]\Iai ion 
flciiool district; and the inhabitants thereof shall be entitled 
to and pos'^ess all the powers, privileges, rights and im- 
munities of other school districts now provided for hy law. 

5 2. It shall be the duty of the legal voters within said "''o'"'' ,«« ««« 

, J , , . ■' ^ . 1 • 1 J • *"'* vote. 

school district to meet at some c )nvenient place m the dis- 
trict, on the first Monday of March next, or as soon thereaf- 
ter as convenient, and elect three persons wit'iin the district, 
to be staled school directors, who shall continue in otiice for 
the teim of two years and until their successors are elected; 
the notice for said election shall be given, and said election 
shall be conducted in the manner now provided bylaw for 
the election of directors in school distiicts. 

§ o. The said directors in addition to their powers now Dir^cton' pow«f» 
defined by law as diiectors shall ])o>sess all the j)oweis and 
privileges of trustees of townships for school pur|)0ses, and 
shall be recognized and regarded by the school cnmrnis- 
sioner, county clerk and all other officers of this state as 
possessing all the powers, privileges and rights of trustees 
of the congressional townships in this state, and lluy are 
hereby required to perform all the duties of such trustees Tiiciruutj. 
as well as directors for said school district. 

§ 4. Nothing contained in this act shall be so construed ('""t"c<» «»• 

..-"., , - iLi existing. 

as to interiere witii any contract lieretuiore made by the 
school directors of any portion of the territory constituting 
said school district with rej'erence to the emplo3inent of 
teachers, the building of school houses, the purchase of 
ground for school purposes or any other act done or per- 
formed by them as such school directors, 

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

Approved Feb. 16, 1867. 



1857. 188 

In for.-,- Fo^- IS. AN" ACT to incorporate the ''Lacon union schooLdistrict." 

Section 1. Be it evnclcd h)/ (ho people of ike sfafe of 
I/'in )i\-y represe)ife(/ in I he (ie)ieral xisscvihlt/^ That tVac- 

■•«*>**J"'«- tioual townsliip 30 nortli, ot' rani^r 3 west ot" the r'ul princi- 
pal meridian, iucludinj^ the corporate limits of the city of 
Lacon, shall constitute a school district, to be known as the 
Lacon union school district. 

hmti t eMa.-*- ^ -J. Tliat a board of education, consislincj of six mem- 
bers, a maj>rity ot" which sliall be a quorum to do business, 
shall be elected by the leo;al voters of said district on the 
first Friday of April, A. D. 18o7 ; two of said board hold- 

T«rin of eace. incr tluMT otficc foT the term of one year, two for the term 
of two years ami two {o\ the term of three years, and that 
two shall be elected annually thereafter on the first Friday 
of Apr I, to hold their otlice for the term of three years and 
until their successors are elected and qualified. They shall, 
when elected, severally take an oath taithfilly to discharge 
the duties of their otHce according to the best of their 
judiTiner>t and abilit)-. 

•itrti-.civ(.r..- §3. The board of education shall cause their clerk to 

ueo •/ c:ecii,u. p^^^ „p notices of the ticne and place of holding said elec- 
tion in al least five of the must public j>Iaces in said dis- 
trict. Said notices shall be posted u]) at least ten' days 
previous to the day of election. Two of the members of 

jwi«e«. the board of education sliall act as judge? and one as clerk 

of said election: Provided, i\\;\\. llie trustees of schools 
shall cause the notices for the first election under this act 
to be po-'ted tip, two of whom shall act as judges and one 
as clerk of suid election. 

■eu« to b« rac- § 4 The said board of education when so elected and 

eciMon o tru»- j|,^.jj. succe'^sors in office sh.ill be succtssors of the present 

■Mr •orponte. board of trustees of -jchoois; they shall be a body corporate 
an«l politic, by the name and stye of "The board of edu- 
cation of the Lacon union school district," and ilnay have 
a common seal and change the same at pleasure, and as 
such, may r.)ntract and be contracted with, sue and be 
sued, pit ad and be impleaded in and before any tribunal 
having jurisdiction. Any membt^r of the board having re- 
ceived (we days* notice that such vote will be taken, may 

ii«ib*r» rnjy t fl be r«Mnoved Irom office for imprtqier conduct by the con- 
rwDore-i. curriiig Vote of all the other uu nUnrs of the hoard. In 

f««M';r., b-T case of a vacancy l/V *iue,h removal or otherwise between 
the times ol election, tlie same shhll be filled by the re- 
maining members of said board by appointment, an(i the 
person so appoirjted ylidl h(dd the otlice until the next 
elerliin and until his successor is elected and qualified ; 
and he shall have all the j»owei.s and shall he required to 
perform all the duties as if he had been elected to said 
office at a regular election. 



189 1857. 
■% 

§ 5. It shall be the duty of the board of education to Timcofm«ciit«. 
hold regular meetings once each month during the year, 
and they may meet by adjournment at such other times 
and places as they may think proper; and the president of 
the board, or any two members thereof, may call a special 
meeting of the board by giving five days' notice of the time 
and place thereof by j)Mbiication in one of the city papers 
or by personal service of a similar notice, in writing, upon 
all the other members of the board. Said board sliall or- Kviicnioorgamw 
ganizc v/ithin five days after said election, by appointing 
one of their number president of the board. Said board 
shall also appoint a clerk and treasurer, neither of whom ^^^,'^<^'"'' "Pf*'"^ 
shall be required to be members thereof, and said treas- 
urer shall execute to said board such official bond, witli 
such conditions and with such security as the board of 
education may require, and said bond shall be at least 
double the amount of the money that may come into his 
hands. Said president, treasurer, clerk, shall hold their Term of office, 
respective offices for tiie term of one year, and the latter 
two until successors shall be elected and qualified. Said 
clerk and treasure r may, however, he removed from their 
offices, at any time, by the said board. It shall be the duty 
of the president, when present, to preside at all meetings of 
the board ; and it shall be the duty of the clerk to be 
present at said meetings, and to record in a book to be 
provided for that purpose, 'all the official proceedings of 
said board, which record shall be public and open to the 
inspection of any person interested, and all said proceed- 
ings when recorded shall be signed by the president and 
clerk, and a copy thereof certified by the clerk shall be 
prima facie evidence of such proceedings in courts and Primafadav^- 
other places. If the president or clerk shall be absent the 
board may appoint a president and clei'k pro tem. Tiie 
duties of treasurers shall be sucli as shall be prescribed by 
said board. 

§ 0. It shall be tlie duty of said board to cause an ab- Abstract u, bt 
stract of the whole number of white persons under the age 
of twenty-one years in said Lacon union school district, to 
be furnished annually to school commissioners or other 
proper officer on or before the first day of November ; and 
the school commissioner or other officer as aforesaid, shall 
annually pay to the treasurer of said board of education 
the proportion of the schoor, seminary, college fund and sch< o fimrt to b» 
stale tax to which said Lacon union school district would p**^*"' 
be entitled according to the number of wliite persons afore- 
said uialer the age of twenty-one years, and 5:haII take 
duplicate receii)ts therefor one of which he shall retain, the 
other to be filed with clerk of the board of education ; s'aid 
board shall also at the same time make u Report of the Bo.va to m«k* 
condition of ail the schools, the text books used, the num- ^^^^ 



kail'tiiie f^bu'.'l 

bOOSM. 



1857. 103 

ber of scholars in attendance, the average daily attendance, 
all other neeeS'Jdry inform \tion tliat in.iy be required by 
t!ie general acts ol the legislature. 

tta>ot^;-v ,\'. ^ r. SaIcI board of education shall, on or before the first 
day of ^\\\ in e^ch year, rau?e to be raised by taxation, 
in addition to the slate and tc»\vnsliip fund, a sum sufRcient 
f.»r the support of schools in said district the ensuing year; 
said tax to be levied on all the taxable property in said 
district and not to exceed one half of one per cent on the 
assessed value of said property ; they shall fix upon and 
determine the rate per cent, for each > car; they shalhnake 
an order therefor and shall enter the same on the records 
of said board, and said board shall within thirty days there- 
after furnish the county clerk with a copy thereof certified 

Wert to ~ mp. •> by the chrk of said board. Said county clerk- stiall cora- 
*" pute snid tax in the same manner and at the same time as 

the state and county tax, and the sfjme shall be collected 
a<? other revenue. When so collected it shall be paid by 
the collector to t'le treasurer of said board of education 
and duplicate receipts taken therefor as aforesaid. 

«R leviM fnr ^ s. For the purpose of crcctinec school houses, or i)ur- 
chasing school house sites, or for repairing and improving 
the same, for procuring furniture, fuel and district libra- 
ries, tliP board of education of said district shall have 
power to levy or have levied t?x and collected, not to exceed 
five mills on the dollar on all the taxable property of said 
district. Said board shall also have power, for the erec- 
tion of schofd house<? and purchasing sites for school houses, 
to borrow at a rate of interest not to exceed ten per cent, 
per annum, and issue bonds therefor, in sums not less than 
»»ne hundred dollars; which bonds shall b'^ executed by 

'*«^'»^ the presidr-nt and clerk of said board : Provided, that the 

total indeb'.edness incurred by said district under this sec- 
tion shall not at any time exceed two per centu:n of the 
assessed value of the real and personal property of said 
district. 

B^i.tr.^-jia-. X () 'j'jjg board of education shall transact all the bus- 

•II kaiincM. . ' , . , ... Ill- 

iness wliich may be recessary in relation to the schools ot 
said district. 

First — Said board shall establisli a sufficient nuinber of 
schoo's for the education of all persons over the age of five 
and under the age of twenty-one years, they shall have 
power to establisli different grades in such schools, and 
put in such a course of study in each of said grades as they 
may tliink proper. 
ttitramoA. Srcrjn(/ — Said board shall cause, suitable lots of ground 
to be procured, and suitable buildings to be erected, pur- 
cha<?ed or rented for school houses, and shall supply the 
jiame witli furniture and fuel, and may cause said huildingB 
and other jiropcrly to be insured, and shall make all other 



101 IS.-jT. 

provisions relative to schools wliich they may deem pro- 
per. 

Third — Said board of education may employ a stiperin- coard to»Diph»y 
tendent, who shall, under the direction of the board, have »"i'"'""'"<"'»« 
general supervision overall ll e schools. Said board shall 
bj one or more of their number, visit each one of said 
schools at least once each month, and shall cause the re- 
sult of said visit to be entered on the records of the board. 

Fourth — Said board sliall have power to apprint all the Arp-nni tej,ehef» 
teachers of said schools, fix the amount of their salaries, 
and may dismiss thetn at any time for incompetency, cru- 
elty, negligence or immorality ; and said board shall direct 
what branches of learning sliall be taught in each school, 
and may suspend or expel from the school any pupil found 
guilty of refractory or incorrigibly bad conduct : Provided^ 
hoivcL'er, tliat in the selection of assistant teacher the su- 
perintendent may be consulted by the board. 

F/f/h — Said board shall have entire control of the school control otKhoo* 
fund of said district, wliether consisting of tlie portion of 
the school, college, seminary or township fund, belonging 
and to belong to said district as aforesaid or raised by tax- 
ation as aforesaid or otherwise, to be used and applied by 
them for the ])urj»")"es aforesaid, and no money sliall be 
paid out of the treasuiy of said board, except upon the or- 
der of said board therefor. 

6 10. Said board of education sliall at the end of each statcnicnt«fooB- 
year cause to be prepared a statement exhibiting the con- 
dition of schools, which statement shall be substantially as 
follows, viz : 

1st — The whole number of schools which have been Nnmb«T • 
taught in said year; what number have been taught by ^'■'^^ ng t. 
males exclusively ; what number have been taught by fe- 
male.? ; what part by males and females. 

'J.'\ — The wliole number of scholars in all the schools, Arorsgcd »tt«y- 
giving the number of males and females in each, and the '■*"°"' 
average daily attendance in each school. And to enable 
them to do this they shall require the teachers to keep cor- 
rect schedules of the attendance. 

?)d — The aggregate number of male and female teachers, 
the highest, lowest and average monthly compensation paid 
to teachers. 

4tli — The amount of money received from school com- AmonntofD>o«K>y 
missioner or other officer and from taxes, and the amount '■'■'^'""•' 
of all other funds received into the treasury of the board. 

r)th — The amount- and kind of unexpended funds on hand 
at the end of each year. 

(jth — The amount paid for teachers' wages, for school Am..nni vig 
house lots, for building, repairing, renting, purcliasing and ***^'"" 
furnishing school houses, for school apparatus; amount 
paid as compensation to school officers and for other ser- 



1857. 192 

vices ; and in every case stating to whom paid and for 
what purj)ose. 

Till — A statement of the total amount received and paid 
for scho()l purposts. 
j«»y MwitT gm, 5 11. Said board of educalion may receive any gift, 
grant, donation, devise, bequest or legacy made lor the 
use of any school or scliools or library or other scliool pur- 
pose witliin their jurisdiction ; and they shall be antl are 
hereby invested in their corporate capacity, witii the title, 
care and custody of all school house?, sciiool sites, libra- 
ries, apparatus an I other property belonging to said school 
or schools aforesaid or which may be within their jurisdic- 
tion, with full power to control the same in such manner 
as they may think will promote the interests of the schools 
and the cause of education ; and wlien, in their opinion, 
any school house or school house site has become unneces- 
sary or inconvenient or unsuitable for a school, said board 
Mjyiwii •ctooi may sell and convey the same in the name of the board ; 
and such conveyance as well as all other conveyances, 
contracts and assignments of the board, shall be executed 
by the president and clerk ; and the avails of all sales shall 
be paid to the treasurer of said board, for the benefit of 
schools. 

§ 111. Said board of education may make such by-laws, 
rules and regulations as may be absolutely necessary to 
the exercise of the foregoing powers. 
IwSmitt^ § l'>- The annual report of the board of education shall 
be submitted at the time of the election for members of the 
board of education. Said election shall be held at such 
hour and be conducted in such manner as may be pre- 
scribed by the board of education : Provided^ that the elec- 
tion shall he by ballot. 

§ 1 1. This act shall be deemed a ])»iblie act and shall 
take eflVct and be in force from and after its passage. 

Approved Feb. Iti, 18.j7. 



ftitorM F«*. 16, AN' ACT for Ihc relief of porRona tlierein named. 



I8»7 



Whtrkas it appears from the report of the finance com- 
mittee of the hoard of supf Tvi'Mrs of Pike county, based 
upon tlic oath of one of thf^ firm of Koss, Gny & Co., 
that the assessor of the town ofPittsfield, in I*ikr county, 
did asfipss the said firm of ilosq, Gay & Co. for ten thou- 
sand dollnrs more property thnn they hid on hand and 
rerjuir«d by law to assets Lr taxation for the year 1864 ; 
therefore, 



liU wurriuU. 



103 1891. 

Section 1. licit cnacltd hy the people oj the state of 
lllf>u)is\, represented in the General Jlssemhiy, Tliat tlie 
auditor of public accounts is licicliy clircctcd to draw liis An'iuar Ui«nm 
warrant upon tlie ticasurer in liivor of Ross, Gay & Co., 
for tlie .Mini ol lorty-nine dollars and thirty lour cents, tlie 
amount ol tlie stale tax so erroneously assessed and j)aid, 
and that the same he paid out ol any moneys in the treasury 
not otherwise appropriated. 

§ 'J. Tills act to take effect and be in force from and 
after its pa'^sa^e. 

Api'Rovkd Feb. 10, 1857. 



AN ACT for the relocation of Ihc count}' scat of Cass county. mtorco Feb m. 

■' ■' Main. 

Skction 1. Be it enacted by the pco})Ie oJ the state of 
Il/niois, represented in the General jisstruldy, That an 
election shall be htld in the several precincts of Cass ximo of ciooubb 
county, at the next gi neral election, to be held on the 
Tuesday alter the first Aionday in November lSr>7, at which 
tlcv i;i(jn the legal voters of said county shall vote for and 
against the removal of the seat of justice of said county 
from Beardstown to Virginia, in said county ; and if it shall 
be I'ound that a majority of the legal voters of said county 
have voted in favor of said removal, the seat of ju.nice of 
said county is heieby declared to be located at and in the 
said town of Virginia. 

§ 2. It shall be lawful for the citizens of Virginia, or May enter jbu> 
any number of them, or any other persons, at any time afu'/eiectiaa.**^ 
before or after said election, to enter into bond or bonds to 
the county court ot Cass county, fur the use of said coui.ty, 
for the payment to said county of such sums of money as 
they may think fit to donate I'nr the purpose of erecting 
public buildings in said town of Virginia ; and in the event 
that the seat of jlistice of said county is removed to Vir- 
ginia by the vote of the voters of said county, then said 
bond or bonds shall be legal, valid and binding. 

^^ ;i- Due notice shall be given by the proper officer of ^'""<=« ®* ""^ 
holding said election for (he same time an<l in the same 
manner as notice is required to be given of general elec- 
tions. 

§ 4. If it shall appear that a maioritv of the votes cast ^"'■"« <" '«■»• 
at said election are lor the removal oi the scat of Justice, it Kr.i i.. uM 
shall he the duty of th'^ county court of said county at the ^"'"^"»•• 
court liolden first after the said election, to provide for the 
erection of the public buildings of said county, by contract- 
— lt> 



IS'.T. lOt 

ing for the buildinsj of a court house ; and when said court 
liouse is completotl, or within thirty days tlitM'eafter, all 
county otficors roijuired by hiw to keep their otKcos at the 
county seat shall remove their respective ollices to Vir- 
ginia. 

§ ;"v Any ten citizens of said county may contest the 
said election before the circuit court of said county, which 
court shall have full ])o\vcr to hear and determine Siid con- 
test and to decide whetlier a majority of the legal voters 
liavo voted for said removal. 

§ I). The clerk of the county court shall provide poll 
books, and said election sliall he conducted, and returns 
thereof made, and the resiult thereof ascertained in the 
same manner as is prescribed by law in case of tlie elec- 
tion of members of tlie general assembly : Provided, that 
said election shall not be contested unless notice of the in- 
tention to contest tlie same be given by at least ten of the 
legal voters of the county to the clerk of the county court 
or his deputy, within thirty days after the result of tlie elec- 
tion shall have been published by the proper otBcer or offi- 
cers. 

Approved Feb. 16, 1857. 






■•Mnu, 



la lorn Ff!) 16, AN ACT to prevent cerf.^in sloclc horoiii nainod from running at large in 
18*7. the coniilv of Mcrcor. 

[Sfxtion 1.] Be. it enacted bjj the people of the stale of 
Illinois, represented in the (hneral ^(/ssenih/u, That from 
Sw-ptn^ .wine and aftoT the fust day of March next it [shall] not be law- 
•o» to r:in at ^jjI f^^ j^j^y ppj.5on or pcrsous, possessor or })ossessors of 
any sheep or swine to allow them to run at large within 
the county of Mercer, and if any jjcrson or persons residing 
within said county of Mercer, being the owner or owners, 
possessor or possessors of any sheep, hog or hogs, shoat or 
shoats, pig or pigs, shall permit them to run at large within 
said county as afiresiiidjsneh persoji or persons shall forfeit 
and pay the sufn of five dollars per head to any person or 
persons making complaint before any justice of the peace 
in and for said county, to be collected as in actions (or debt 
before such jii'itice of the peace with the cost of suit. 

ApraovKo Feb. IH, 1^57. 



105 1857. 

AN ACT making appropriations for the State Agricultural Society. m force Kcb, i-„ 

Section 1. i?e ii enacted h\j the. people of the fitate of 
Illinois, represented in the General ^^ssemblij, That until 
otherwise provided by law, tlie treasurer of the slate shall Tm ..rrrofsuti 
annually pay to the treasurer of tlie agricultural society of ' • ^ ''"" 
the state of Illinois t'e sum of tliree thoiisand dollars out 
of any money in tlie state treasury not otherwise appro- 
priated. 

§ ■!. The sum granted as aforesaid shall be strictly ap- 
propriated to the ))aymentof premiums awarded to encour- 
age and promote the object for which said society is insti- 
tuted. 

§ o. This act to be in full force from and after its pas- 
sage. 

Approved Feb. 17, 1857. 



AN ACT to authorize the board of education of a town (herein iiamed to in for" Feb. 14 
purchase school libraries. *^''- 

[Section 1.] Be it enacted by the people of the state oj 
Illinois, represented in the General %.^sse7nbly^ That the 
board of education of township forty two (4:^) north, range 
one (1) cast of the third (o) principal meridian, being ttie 
town of Scott, Ogle county, state of Illinois, be and arc 
hereby authorized to use any surplus interest, after paying 
tlie ieacliers in said town, in the purchase of school libra- 
ries for the wse of said townsiiip. 

Approved Feb. 11, 1857. 



AN ACT for the relief of John H. Deck. >n '3'-«* '•«>. Mb 

1867. 

Section 1. Be it enacted tnj the people oJ the state of 
Illinois, represented in the General ^/Issembly, Tliat the 
auditor of this state be required to draw a warrant upon 
the treasurer of this state in favor of John H. Deck, for 
the sum of fifty dollars, in full for his services in the ap- 
prehension of William Floodnian, who was charged with 
the murder of Seth Converse, in St. Clair county. 

§ -1. This act shall take effect and be in force from 
and after its passage. 

Approved Feb. IG, 1857. 



1867 



100 



ta (orco Pel 






14, AN ACT for Uic relii-f of Boiijimin Bru«.<r anil ohiers. 

Skction I. Tie it enacted I>^/ Ihe people of the state of 
I//tnnis, rtprrntuted iii the (ivturat %.'h.'iern'iltj^ Tliat the 
r*- secuiilies ol J.iliii R. Sinoot, late slierilF of Gallatin county, 
anil f.r (.^icl.) colli-otor olitx onue for saitl county, are hereby 
relfastMl iViiin a jtidijtnfnt obtained aojainst them in the 
SiiKj.iinDn cirouit court on the twenty- <it"th day ot" July, one 
thousand ei^lit hundred and rorty-ci<j;ht, for tlic balance of 
revenue for the year eighteen hundred and forty-four, for 
the sum of sev«'n hundred and ninety-two dollars and four 
cenl>', be and her«-hy fi)rever released from all liabilities on 
account ot' sai 1 band and judgment thereon : Provided, 
that n )thini; herein contained sliall bi.^ construed as to re- 
lease the said sheriff from the debt or any portion thereof. 

§ '1. Tliis act sImU be in force from and after its pas- 
sage. 

ArpRovKD Feb. 14, 1857. 



AN ACT to authori/.c (he conslrucfioii of a road therein named. 



if»rc«j Feb. 1 
I9i7. 



iMianen 



KK«etit« borul 






■iiov 0:^1. 



Skction 1. He if enacted /'// ttic jienpfc if the stale of 
I'lin >/%, rej)res( )tfe// i/i the Cieneral ,.'Jsse7n'dt/y That John 
W. iMilehfll and Willijin iSIathews, of Saline county, Illi- 
nois, be and they are herrby a|)poi(itcd commissioners for 
the construction of a roa I across Horse Swamp, in said 
county, on the state road leading f/om Marion, in William- 
son coiinly, to K(iuali(y, in Gallatin county; that said com- 
missioners jhall execute a bond with g^od security in the 
sum of fifteen hundred dollars to the people of the state of 
Illinois, conditi(jnc(l that they will faithfully aj)ply the funds 
hereinafter appropriated to the pur|)0Ses specified in this 
act ; that tlie county court of said Saline county shall ap- 
prove said bond, and the same shall be filed in the olKce of 
the treasurer of state. 

§ 1*. lie il fiirtlt'i' eiiactrd^ That upon the filing of said 
bond with the state treasurt r, he shall pay over to the said 
JoliU W. Mitchell and William Mathews, or cither of them, 
the .sum of seven hundred and si'venty-sevcn dollars out of 
the <'SaIine Ilivcr Navigation Fund," taking a receipt for 
the same. 

$ '.',. Jir ilfurthiT fnf/rt(i//r\\:ii said bond shall be filed 
within six month.'; from the passage of this act, and the said 
commissioners .shall proceed to construct said road in such 
mae.iier a? they may deem best calculated to promote the 
io luu iftterest of .said county, and shall rejiort from time to time 
to theitalc treasurer the progress of said work, and when 



197 1857. 

completed make a statement to the treasurrr of tlieii ac- 
count; and the said woiU shall be completed within twt-lve 
months from the filinjj; of said bond. This act to be taken 
and deemed a general law and be in force from and after 
its passage. 

ArPROvED Feb. 17, 1857. 



AN ACT to I(>£:ali/.c a cprtaiii r'^conl of tho coiin'y cnminiasionprs' court m form Pea, m, 
of Will county, catablisliiii:; a ccilaiii 1 Odd Uicrein uameii. I8i7. 

Skction 1. Be. it enacted bij the people of the state nj 
Illinois, represented in t/ie General >/h^evih(ijy Tliat the 
recoid of a certain proceeding in the county commission- Report of TOr»«r 
ers' court of the county of Wul, approving the report of a 
survey of a road from section number two, town thirty- 
seven, range nine east of the third principal meridian, in 
the copnty of Will, to intersect the NapervilJe and Plain- 
field roau, as the same is now recorded, be and the same is 
hereby established and confirmed and the said road declared c^narmed. 
to be legally layed according to the said survey ; and the 
board of suj)tivisois are hereby authorized to diret t the 
same to be opened whenever tue public interest shall re- 
quire. 

Approved Feb. 18, 1857. 



In force 3va. 9L- 
AN ACT for the relief of John D. McGraw. 1867. 

Section 1. Be it enacted Ivj the people of the state of 
Illinois^ represented in the General Assenil)hj^ That the 
governor of the state of Illinois be authorized and he is 
hereby directed to issue a patent for lot No. two (2) of 
section (10) sixteen, in township six (0) north, of range 
No. three (:')) east of tlic third principal meridian, to John 
D. McGraw, of Fayette county, Illinois. 

Approved Jan. 31, 1857. 






1857. 198 

to »w*» Fci IS. AN ACT toaulhori/.e the commissioners of hijrhways, in the rospocfiva 
•**^ towr.s. in the county of Peoria, to alter, ch;\ni:e, relocate or discontinue 

certain roads therein named, and also for the survey and location of a 
certain road therein named. 

Section 1. Jh it cnacled hj/ the people of the state of 
lUiiwis^ repi'eaented in the General Asseinhli/, Tliat tlie 
commissioners of In'ghways in any town in the county of 
Peoria are hereby antlioii/AHl and empowered to chani!;e, 
alter, relocate or discontinue the Peoria and Rock Island 
state road or the road from Brenfield to Rochester: Pro- 
f-^ i« iacrnso viilcdy tliey do not materially increase the di-^tance of 
"" travel on said road or roads or do not jdace said road or 

roads on worse grounds than now occupied: tJnil^ provided^ 
they do not discontinue said road unles>; a majority of the 
legal voters residing within one and a half miles of said 
road, by petition requesting the same to be done. 

§ 2. Jic it furllur enactid, that Elijah lies, Samuel B. 
Fisher and Henry Converse, of Sangamon county, be and 
they are hereby appointed commissioners to survey and 
locate a state road, commencing at the north er.d of Sixth 
street, in the city of Sj)ringfield ; tlicnce north with iho 
line of said street ])rodiiccd to a ])oint at or near the south 
side of the Chicago, Alton and St. Louis railroad ; thence 
in a northeastly direction until it intersects the present 
traveled road from said city to Carpenter's mill, at or near 
Henry Converse's house. 

^ ;'.. Said commissioners or a majority of them shall, on 
or before the first day of March next, meet at the city of 
Springfield, in Sangamon county, or on some day thereafter, 
and after having taken an oath before some justice of the 
j)eace of said county, well imd trnl) to perform the duties 
rcfjuired of them by this act, they shall ptoce«'l lo survey and 
locate said road on the route above designated, and they 
Kokepikt] shall prepare a j)lat of said road and a report of their pro- 
ceedings as sucli commissioners, and shall file the same in 
the clerk's office of the county court of Saiigamon county, 
and said plat and report shall br evidence in all courts of 
record in this stale. 
r«fco -tr.-.r : a § i- After the filing of said plat and r<'j)ort in the 
ki«b./.;. clerk's office of Sangamon county, said road shall be deem- 

ed a Rtrttc road and public highway, and it shall be the duty 
of the county court of Sani:Hm> ji county to iniincdiafely 
cau«ie said road to be oj)en('<l and kejit in rej)air as other 
road<?. 

§ i"). This act to take effect and be in force from and 
after its pa«sago. 

Approved Feb. 18,1857. 



k*of mtc::rr. 



199 1857. 



AN ACT lo authorize the several parte of townshipgjn Hamilton county in form i'«b. is, 
to urbanize aa \viu>le township*, by the olccf 
tlic local fimda oi' aaid to\vn3hi])3 equitably. 



lo urbanize aa whole township*, by the election of ofllcera, and lo divide 18fi7. 
)wn3hii)a 



SrcTiON 1. Be it enacted hy the people of the state of 
Il/ifi(i<{, represented in the General t/Jssenibltj, That the 
inhabitants of the several jinrts of townships situated in J^'"'i««" «»»«■ 
Hamilton county, state of Illinois, may on ton days' notice 
to be Given by posting up advertisements in three or more 
public places in said part of townshij), stating the time and 
place of holding said election, elect three trustees, to be 
governed by the same laws and regulations that trustees 
are now governed by in this state, or such as may hereafter 
be passed on the subject, and to have regular succession. 

§ '1. That as soon as said trustees are elected and iw rs^eiT* m 
qualified and have appointed a treasurer, he giving bond *"""'"• 
as now required by law, they shall be capable in law to de- 
mand and receive all moneys to which said part of town- 
ship may be entitled to, and hohl,loan, disburse and other- 
wise manage tiie same as like officers in congressional town- 
ships within this state : Provided, also, that the several rr. viw. 
parts of tlie same townships in the counties o( Saline and 
Wajne may and shall have like organization on like terms 
and l)y lik(^ p/rocess, which it shall be their duties to do. 

§ ."• The old trustees in the several j)arts of townships qm (m»fe«« m 
liercby affected shall order said election and remain in runiain in «m*; 
•ffice for the terms they were elected, and only a sufficient 
number of new trustees be elected to fill the board in the 
parts of townships hereby affected, who shall hold office un- 
til the next regular election for trustees, and until their sue- Division i iim 
cessors t:re elected and qualified. ^""'^'" 

§ 4. The division of said funds composed of principal 
and interest arising from the sale of school lands and any 
other source by which the common fund has been created, 
shall be divided according to territory; and the new l)oard 
liertby created shall meet together at the present j)!ace of 
doing business after election and qualification, aiid settle 
with the old or present treasurer, and make an equitable 
division of the notes, bonds and evidences of indebtedness, 
making the same equal to equal territory, and in the same 
proportion where the territory is not equally divided by 
the county lines, the old treasurer retaining as treasurer 
the amount due the district in which he may reside, if the 
trustees thereof see cause to retain him, and his bond now 
executed shall be deemed as security for the faitht'ul per- 
formance of the duties of his office under this act and the 
Bchool law now in force ; the balance to be ])aid over to n.-.;ar.c« i* u> 
the new treasurer, who shall be subject to the laws now p"^'''""- 
regulating the duties of treasurer of townships. 

§ 5. Saul new board ot trustees shall possess all pow- 
ers conferred now or hereafter by the laws of this state and 
shall be subject to the same. 



1857. 200 

^ (>. Tlii^ act shall be taken and deeined a public aqt 
and be in force from and after its passage. 
Approved Feb. 10, 1S'>T. 



•■fucw April J, AN ATT to prevent sheep an. 1 swino from rnr.nitif; at large within Ih* 
***•• county of Mason. 

Section 1. Be il enacted hy the people of the state of 
ll!iiu>is,represevit(l iu the detteral »lysnn'>ltj^ TluU lom 
uf. iiwfiM r r and ;<fter the first day of April, A. D. 18.')7, it slmll not be 
•rSirtllrVo" ^^^^'^'1 '"T «'>>' persou oT pt-r^oiis, possessor or possessors 
ol any sheep, liog or hogs, shoat or shoats, jiig or |>igs, to 
allow the s tme to run at large within tlie county ol Masonj 
and if any persan or persons, being the owner or owners, 
possessor or possessors of any sucli sheep, hog or hogs, 
shoat or shoats, pig or pigs, shall permit tlie same to run 
at large within the county aforesaid, such person or persons, 
j)ossessor or j)03sessors shall forfeit and jtay the sum of five 
dollars per head to any person or persons making complaint 
before any justice of the peace in and for said coiuity, to 
be collected as in an action for debt before sucii justice of 
the peace, together with the costs of suit, and shall also 
pay all damage resulting from the running at large of such 
shrep or swine to the person or persons so damaged : Pro- 
videii^ hou'fvcr^ said sheep, hog or hogs, shoat or shoats, 
pig or pigs shall not be considered as running at large 
while they remain upon the premises of the owner or own- 
ers, possessor or possessors of the same, not occuj)ied 
by any other person or p( rsons. 

§ '1. The provisions and penalties of this act shall not ap- 
ply to the owner or owners ofsheep or swin** running at large 
upon the ur)occupi»;(l lands located in the Illinois river bot- 
toms, the Sangamon river bottoms or tlie Salt creek boltoujs, 
within the county of Mason aforesaid ; and this act shall 
not he so coristrued as to prevent or in anywise interfere 
with persons driving sheep or swine to or from the market 
where such sheep or swine may have been bought or sold. 

§ ;'.. This act shall be in force from and after the first 
day of Aj)ril next. 

Approvkd i'eh. 11, 1857. 



201 1857. 

AJJ ACT for the relief of tho spciiritifs of Jolin C. Moses, late collector in rorcu Kcb, i% 
of Brown county. ''"'''■ 

Whereas John C. Mose», late collector of the county 
of Brown, hccaine a defaultt-r to the state of Illinois, leav- 
ii.g his securities liable, &c.; and whereas, also, the said 
securities have paid a part of said liability; now, there- 
fore, 

Section 1. I^e it enacted h}/ the people of the state of 
Illinois, represenfi'd in the General ^issivih/ij, Thdt said se- 
curities of the said John C. Moses, collector as aforesaid, be 
and they are hereby allowed the further time of two years 
from and after the first day of February, A. D. 1857, for 
the siltlf ment of ttieir said liability as such securities. 
§ •-'. Thi' act to be in force from and after its passage. 
Approved Feb. IT, 1857. 



AN ACT to incorporate the Illinois State Horticultural Society. In forro Feb. M, 

' 1867. 

Section 1. Be it enacted hy the people of the state of 
Tl/inois, I'epresented in the General ^.^sseinhly, That the 
Illinois State Horiicultural Society, of which Dr. G. S. Hull 
is president and James E. Starr, recording secretary, shall 
by that name and style be hereafter known as a body poli- 
tic. 

§ 2. The object of the society being to develop and oiJ"'^'*- 
promote the horticultural interests of the state, they shall 
be allowed for that pu''|)Ose only to hold real and personal 
estate, the former to the amount of twenty thousand dol- 
lars. 

§ 3. The society shall have the right to contract and be Powers. 
contracted with, to sue and be sued, to plead and be im- 

f)leaded, to answer and he answer* d unto in all courts of 
aw and equity of this state ; and shall further enjoy all the 
privihgcs incident to incorporations of said character, and 
not inconsistent with the laws of this state. 

§ 4. The society shall have power to alter and amend Powrr to ehaa** 
their present constitution, to make, alter and rej)eal such ' ""-^ '"'*"*• 
by-laws as may be deemed necessary for carrying out the 
objects of the society. 

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

Approved Feb. 11, 1867. 



1V^7. 202 

ta foi«e J4:i sc, AN ACT to authorize school lUstrict No. sf vf n. in the town of St. Charles, 
IS67. Kane county, Illinois, to borrow money. 

Section 1. 7>f it enacied by fhe people of the sttafc of 
Jl/inoify repre<ieiitcd in the General *Jssei?ih'i/, That the 

airwien anthor- directors ol" scliool district mimbiT seven, in the town of 

ted^ u.rr«ir Saint Charles, county of Kane, are hereby atithorized to bor- 
row such sums of niorjcy, not exceeding four thousand dol- 
lars, as they shall deem necessary for the purpose of coin- 
pletinfij and fu-nishint; tho school house alrea(ly erecteii in 
sai(- distiict ; and fjr that purpose said directors are here- 

■aj tMu« i>>&j3. by authorized to issue tiic bonds of said school district for 
suras not less than one hiuidrcd dollars each, beariuij; in- 

latorMt nn lo terest at the rate of not more than ten per cent, interest, 
«Hi. "' ^"^ payable annually, and payable at such time or times as they 
may dtem proper, n(U exceeding ten years from date ; 
which said bonds may be negotiated or sold for such dis- 
count or premium as the said director siiall deem proper, 
aud the money realized from the sale of said bonds shall 
be faithfully applied lor the purpose of completing and fin- 
ishing saiil school house for said district. 

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

Approved Jan. 30, 1857. 



u i«c« Feb. U', AN ACT for the relief of Asa B. Roff, late shorilT and i:olloclor of rcv«- 
1467. nnc torcouiityoi Iroquois. 

VVhertas Asa B. RnfT, late sheriff and collector for tlie 
county of Irotjuois, in consetjuence of the responsiliility 
atid great ri<»k of safely keeping the revt-nue collected 
in said county, there being no pro\ ision made by safes 
or other secure places for the keeping of said county 
an<! state revenue, did, in the moith of Januajy, A. D. 
1H.")1), dcposite in various batiks, in the city of Chicago, 
several sums of money, in good laith, for the sale k»ep- 
ii g th reof — a j»art of said sums siniounting tr* fifl* «n hun- 
dred dollars, being by him deposited in the Commercial 
Exchange Company, of Chicago, whicl company failed 
'n the month of March followitig ; in const qiuiice of 
which failure he has only been at»le to collect and de- 
posit in the state- treasury thf sum of tlir« e hundred and 
Re\enlyfive dollars, lea\irig a r« nicinder ol ele\en hun- 
(]i*'(\ and twenty -fivj- dollars now due the slate, and for 
which he has bren stud in the supreme court, in tic city 
ot .Springfield; therefore, • 



203 1857. 



Section 1. Be it enacted hij the people of the state of 
iNiuois^ represeiifed in the General %rl>;senilihj.^ That, pro- 
vided the said Asa B. Roff, with a sufficient immber <.. I..s 
Bectiritjps to satisfy the auditor of state, shall, during 
the first week of tlie next term of the circuit court in and 
for the county of Sat)p;anion, after the yiassafije of this act, 
confess judt^tnent for the amount Awv the states from said 
Asa B. kofl', for state revenue by liiin colh-cted, executioii Kxocution to i>« 
on said jadprment shall be staged for the terra of two years '•■^ycu- 
from and after tlie passaf^e of this act. 

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

Approved Feb. IG, 1857. 



AN ACT to provide for (ho improvoment of (he roid across the Illinois lu force Feb. u^ 
river bottom, oj)posite the tow:i of Morris, in Grunily connty. i&M. 

Section 1. Be it enacted hy the people oj the state oj 
Illinois, represented in the General Jlsseni'dy, That the 
boanl of supervisors of Grundy county, by and with the supcrTiwr*. 
advice and consent of the board of directors of the Mor- 
ris Bridge company, are hereby authorized and empowered 
to levy, at such time or times as they shall think proper, 
the following additional rates of toll on persons and their Ratc»of t»o. 

f)roj)erty crossing the Morris bridge, to wit : For each ve- 
licle, drawn by one or two animals, five cents ; for each 
additional animal in team, two cents ; and for each head of 
loose horses, cattle, mules or asses, one cent ; and that the 
directors of the Morris Bridge comj)any shall cause said 
additional tolls to be collected in like manner as are 
the regtdar tolls of said bridge ; and one-fiflh of the net 
proceeds of all the tolls collected at the Morris bridge, 
during sucli time or times, after deducting for all necessary ^^^ ^^^ ^ 
exjiensos and repairs of said bridge, siiall be set apart and »i'af*- 
constitute a fund for the jnirpose of grading, graveling, 
brit'ging, macadamizing and keejing in repair the public 
road leading from the southern terminus of the Morris 
bridge to hioh watn mark, near the centre of the north 
halt ..f sec. IG, T. :]3, R. 7 E., :5d P. M. 

§ '2. Be it fiirtlu r enacted. The board of supervisors of commiasRiiMm. 
Gruiid) count}, the town council of the town of Morris 
and the directors of the Morris Bridge company, shall 
each elect one person, who, together, shall constitutt^ and be 
known as the commissioners for the improvemertt of the 
road across the Illinois river bottom, opposite Morris; and as 
such shall have full power to sue and be sued, plead and be 



5«mij 



Oooiratwionc 



1857. -04 

impleadoil in tiny court liavln<jj comjietoiit jiirlsiHction } 
sail! coininistsioiuTS shall li(»ld tluMroHice one year ami un- 
til their successors sliall be elected, and a majority shall 
constitute a quorum to transact business. 

^ ;>. />" it Jiir/hcr cnariiU, It shall be the duty of said 
conunissioners as s ion as there shall be siifTioient fmids 
pro\ i«h il as in section one liereor, to proceed to make tho 
ntcessary survey and let, at |)ublic letting, to the lowest 
responsible bidder, the coiistniction of the necessary im- 
provements on said road as described in sec. 1 liereol, first 
conimeiioing at the southern terminus of the Morris bridge 
and ci)m])leling the s;ime soutluvanl as the funds accruing 
from time to time shill justifv; said i-on^missionns siiall certi- 
«»«.ro.»un.ir« fy monthly to the directors of the iMorris Bridge comjiany the 
ZoM ** '^'* amount d\ie contractors for labor done and material fur- 
nishid as the work progresses, and said directors shall 
draw orilers on their treasuri-r for the amount to certified, 
after dtducting twenty-five per cent., until the compKtion 
of the contracts, payable out of the special fund liy this act 
created. 
favoMUon § 4. lie if fitvtht'r vnartrd^ Said commissioners shall 

report quarterly to the board of directors of the Morris 
Briilge ct)mpany, all of their acts and doings as such com- 
missioners, and sliall be paid at the rate of one dollar and 
twenty- five cents per day, and in like prnj)ortion for part 
of a day actually spent by thvm in the performance of their 
duties as such commissioners, to be audited by the said 
board of bridge directors, and paid out of the special fund 
hereby created. Said commissioneis shall be responsible 
to the board of directors of the Morris Bridge company 
for the faithful performance of all their duties as such com- 
misnioners. 

Tliis act to be in force from and after its passage. 
AppaovED Feb. 18, ISoT. 



!• ftir* ft*) 

tars. 



AN ACT to relocate tho county HPjit nf Saliiin county. 






SrcTioN 1. lif if cnnclcil In/ IJw jxojiIp hJ Hip stale of 
llUnnis^ rcjirrst iitrd in (he d'onra/ , /sscmh/i/, 'J'liat af the 
election to be held on the Tuesday after the first Monday in 
to."*'- November, one thousand eight hundred and fifty-seven, in 
*7 the cotinty of Saline, a jioll shall be ojx^ned at each ot the 
election yrecincts in said county t<» decide upon tlu! relo- 
cation the county seat of said county. The places to bo 



205 IS 57. 

voted for shall be Raleigh, the present county seat, and II;ir- 
risburf^, the proposed county seat, and no others. The 
qualified voters of said county may vote upon said ques- 
tion ; those desirinpj the county seat to remain at Raleigh 
shall have printed or written upon their haUots, " For coun- 
ty scat, Raleiqh ;" those wishing to remove said county 
seat shall have printed or written upon their ballots, " For 
county seat, liarrisburpj." 

§ 2. When the county clerk of said county gives notice 
of tlie election in November, A. 1). ISOT, it shall be his 
duty to state in said notices that said poll will be opened 
at the election precincts in said county according lo the 
provisions of this act. 

6 3. Tlie judges and clerks of said election shall make nnnrns or eM»> 
returns of said election m the manner and time now pre- 
Bcribed by law in regard, to other elections in this state, 

5 4. When tlic ri;turns shall have •^een made to the conpry cicrk w 
clerk of the county court of said county ot baline, lie 
shall proceed to open and count the votes given lor the re- 
location of the scat of justice at the town of Ilaiiisburg, 
and also the votes given for retaining the seat of justice at 
Raleigh; the opening and counting of said votes shall be 
in accordance with the laws requiring the opening and 
counting of the votes of the elections in this state; and if 
a majorUy of all the votes cast for and against the removal 
and relocation are in favor of location at Ilarrisburg, 
then Harrisburg shall be and remain the permanent seat of 
justice of said county of Saline; and the county court of 
said county shall provide temporary buildings for the ac- ^^,f^^l^^^^^J^ 
commodation of the county officers and courts of said rary nuwuigi. 
county, and shall as soon as practicable proceed to erect 
permanent public buildirgs, and the officers of said county 
shall on or before the 1st day of January, A. D. 1858, re- 
move their offices to said new county seat, together with 
all the books, papers, records, documents and api)urte- 
nances belonging thereto, and the county and circuit courts 
of said county shall be held in the town of Ilariisburg. 

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

Approveo Feb. 7, 1857. 



1857. 2ut> 

bi f jrv-c Vcb. 1", A\ ACT to e.stahlish the town of Lakevicw, .in Cook county, and to 
iSJT. ch.ii'ire the lui'ne aiul IxuiUiliiries <»r the lowii of Riiiijcville aiul to con- 

stitu'-c the same a townsliip for scbool purposes. 

Section 1. Be if enacted hij the ])copIe of the state of 
lilinth.^ represented in the Cieneral *.'l.^!ie.inhh/^ That all of 

rrmcuocij t.wn- fractional townsdip forty north, of range fourtepn rasf, in 
Cook county, except sections JU, oii and ^'^i and that j)art 
of section oJ lyin^^ south and west of the North Branch of 
the Chicago river, shall form and constitiie, for town pur- 

•ertiosiie fir poses, the tow.: of Lakevicw ; and that the clerk oi tho 

■eiwoi pnT»cs conntv court of C.>ok county is autliorized and directed, 
in tho same manner as required by law of town clerks, to 
post notices of an election to be held in the said town of 
Lakeview, on the first Tuesday of April next, to elect 
town otficers. 

cuBo ,.f It- § '1. That the name of tlie town of Ridgeville, in Cook 
county, be changed to Kvaston, and that the town of Evas- 
ton comprise all of fractional townshi[) forty-one north, of 
range fourteen east, sections twelve, thirteen, twenty-four, 
twenty- five and thirty-six, in township forty-one north, of 
range thirteen east, the Archange Oinleneth Reserve, and 
fractional sections twenty-two, twenty-six and twenty- 
seven, in townsliij) forty-two north, range thirteen east, 
and that the same form and constitute a township for school 
purposes, and be known as township forty-one north, range 
fourteen east. 

^ .\. T.'iat tlie trustees of schools of township forty- one, 
to'iniVJ-'/^"^ range tiiirteen, aiul the trustees of schools of township 
forty- two, range thirteen, an; authorized and directed and 
are hereby required to pay to the trustees of schools of 
township forty-one, range fourteen, one- sixth part of the 
township school lunds belonging, re^jpectively, to their said 
townships ; and the same sliail become and be a part of 
the township school fund of township forty-one north, range 
fourteen east. 

§ 4. That at the next annual election in the said town 
of Evaston tliere shall be elected, in addition to other 
officers then to be elected, one justice of the peace and 
one constable, whose term of office shall continue till the 
next election of justices of the peaee and constablea. 

A«u r«v<>*;M § •>• That all acts or parts of acts tonllieting with this 

act arc hereby repealed, and that no act, general or special, 
relating to school purjioses herealter enacted shall aflect 
or repeal any of the provisions of this act, unless the same 
be specifically mentioned in the n-pealin^ act 3 and this 
act tr) be in J'»r(;e from and after its passage. 
Ari'RovED Feb. 17, lbj7. 



I 



i'Th'ir- 



207 1857. 

AN ACT for the relief of Mary A. Amos. Ii force fcd. h. 

1867. 

WllEREvs Mary A. Ames, of the county of Monroe, taught Prcambw. 
a sclinnl in said county previous to tl\e first day of October, 
1851); and wliereas the schedules of said school should 
have been returned to tlie trustees of schools of three 
difTerent townsliips, in said county, but by a miscomep- 
tion of the law the said schedules were not returned to 
the trustees of townships Nos. two south, range nine west, 
and three south, range nine wert, and three south, range 
eight west, whereby the said Mary A. Ames failed in 
receiving: the school fund on her schedules which she 
was entitled to; and it appearing that there was due 
her on said schedules from townshp No. 2 S., range 9 W., 
the sum of $14 79, and from townsiiip o S., range 9 W., 
the sura of $10 H:!, and from township 3 S., range 8 W., 
the sum of $-38 OL) ; therefore, in order to enable said 
Mary A. Ames to receive from said township whatever 
emount may be due her on said schedules, 
Section 1. Be it enacted hy the "people of the atale of 
Illinois, represented in the General ^^nfiembly, That the 
trustees of schools of said townships No. 2 S., R. 9 W., T.-nstee* *t 
and o S., R. 9 W., and o T^., R. 8 W., be and they are ''''''r.'" '"'"^ 
hereby authorized and permitted to receive said schedules 
at the time of receiving schedules in April, 1857, and may, 
if they see proper, allow the same, and order their several 
treasurers to pay said Mary A. Ames whatever amount 
they may find due and justly going to her from their re- 
spective townships on said schedules. 

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

Approved Feb. 16, 1857. 



AN ACT to 'ejralize the assossnont of a tax for school purposes in (lis- In force /m. ». 
tnct No. 2, town 27, R. 6, in Livingston county. >657. 

Section 1. Be it enacted hy the people of the state of 
Illinois, represented in the General Assembly, That the 
assessment of a tax in school district No. two, in township 
No. twenty-seven north, of range six east of the third prin- 
cipal meridian, in Livingston county, which was mttde in 
said district in 18.')*;, for the purpose of building a school 
house in said district, is hereby legalized, and said tax shall 
be collected in the manner provided by law for the collec- 
tion of taxes. 

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

Approved Jan. 29, 1857. 



1857. 208 

iaiarcr> Kcr IS, AN ACT to relocate the countv sc^t of Gallatin county. 

ISoT. 

Section. 1. Be ^V enacted by the people of the state oj 
J//in IS, rep7'eseiiltJ in the (i<v/< ;a/ »'/v.s( Wi6/y, Tliat at tlie 

■arujo. elertion to be held on tlie Tut silay alter the lust Monday 

in NovenibiT, one thousand eij;! t hundred and filly- seven, 
in the county ot (Jallalin, a poll shall be oj)ened at each 
of the election jirecincls in>aid county, to decide ujion the 
relocation ot" the county seat ot" said cjunty. The places 
to be voted lor shall be SUawneetown, the present county 
seat, and New Maiket, the i roposed county seat, and no 

Q«»;iflcOTc:crs. other. The qualirn-d voters ot" said county may vote upon 
said question — those desiiio}; the county seat to remain at 
Shawneetown shall have written or prinfed upon their bal- 
lots, ''For county seat, Shawneetown;" those wishing to 
remove said coimty seat shall have j>rinted or written on 
their ballots, "For county seat, New Market." 

■•uoeofciectica ^ '2. When the caunty ceik of said county gives notico 
of the election to be held in Nov., A. D. IJST)?, it shall be 
his duty to state in said notices that said poll will be opened 
at the election precincts in said county according to the 
pro\ isions of this act. 

BMuiii § o. Thejudgts and clerks of said election shall make 

returns ot said election in the manner and time now pro- 
vided by law in regard to other elections in this state. 

ocnntT o-t, ^ 4. When the returns shall liave been made to the 

•prure.ur-*. Q\^.^\^ q( the county court of said cjunty of Gallatin, he 
shill proceed to opi-n and count the Aotes given for the re- 
location of the seat of justice at the tov.n of New Market, 
and also the votes given for retair.ing the seat of justice 
at Shawneetown. The opening and counting of said votes 
shall be in accordance \\ith the laws requiring the opening 
and counting the votes of the elections in this state; and if 

•b«iidtmij.T;!r a majority of all the votes cast for and against the removal 
»U'u.pf!i^ca* and relocation of said county seat are in favor of its loca- 
tion at New Market, then Now Market shall be and remain 
the permanent scat of justice of said county of Gallatin. 
And the county court of said county shall, as soon as prac- 
ticable, proceed to erect permanent public buildings at the 

rnnMt. gaid town of New Market : Prurulidy that the said build- 

ings shall be erected and completed Ly the first day of 
February, A. D. 1H0<) ; and the ollicers of said county shall, 
when tl»c said btiildings are completed, remove their olTices 
to said new county .scat, together with all the book.'', pa- 
pers, records, documents and ajipurtenances belonging 
ther«to; a>.d ll.c county and circuit courts of said county 
shall be held in the town of New Market. 

^ '.. T\\h act shall take iflect and be in force from aod 
aiter its passage. 
« ArraovKD Feb IH, 1857. 



200 1857. 

AN ACT to enable the people of Dn PaK** county to relocate tho county I" f"r'« *cu. 7, 
seat aiiii biuldinga. "*^''- 

Skction 1. Be it enacted by the people of the state of 

lllbiom^ represented in lite General Jissevi'ity, That the 

qualifiei! voters of the coutity of Du Piji;e, at the; time and Tov.te i.;M.ni«- 
1 rill- » *• »• 4i 1 .• L- . nic.vai oi OQOoir 

place or h()khii<^ town meetings tor ilie election ol town leat. 

officers, to be held in the sever.il towns on the first Tii» s- 
day ot'A|)riI, A. 1). IST)?, are authorized to vote ujton the 
|)ro|)o<3ition to remove the seat of justice from its present 
locution at N.iptrvdie, to the village ot VVheaton, in the 
town of Milton, in said count} ; the v(tte to be by bi^Uot ; 
each voter's intention to be di ftued and declared by t.ie 
words ''For removal," or "Against removal." And the 
said vote shall be ascertained by the officers of said elec- eimHoh, bA« 
tion, according to the provisions of the general election *^"'^'^'**' 
law. The officers of sai I electioti shall, in addition to the 
town clerk and moderator, as ^iro\ided for at town meet- 
ings, consist of the snpeivi^or and collector of the several 
towns, and also an additional cK rk, who shall be sworn to 
perform the duties of their office, the same as at general 
elections. Said board shall receive for their services per 
diem the same as at other elections, out of the county 
treasury. 

§ 2. The result of said election, 'leing ascertained in Retums in i.« 
the usual manner, and j)roperly attested by the board of c"ork. ""' 
said election, as well for town officers as "Fo«" and 
"Against" removal, and the result of said vole "For re- 
moval" «nd "Against removal" shall be returned to the 
county clerk, by one of the said board of election, within 
f >ur days alter said election. It shall be the duty ot the 
county clerk to spread said return on his record atid no- 
tify, by written notice, the board of supervisors, at their 
first regular meeting after said election, of the result 
thereof. 

§ o. If a legal majority of the votes of said county shall coirm>M(.>:en.. 
be "For removal" of said seat of justice to the village of 
Wheaton, as aforesaid, and according to the provisions of 
this act, tlie board of suj)ervisi rs are hereby constituted 
and aj)[)ointed commissioners to sehict the j)!ace tor the 
erection of public buildings; ai.d in miikirg said selection 
tliey shall not. select less ground than one entire block, and 
of the usual size of blocks in said village; and in making 
said selection they shall not be restricted to the village 
pla^ but may locate the same upon r.113 portion of section 
gixteen (1<»,) in the said town of Milton, taking into ac- 
coiint in their selection of a location its cen'ral position, 
the value of donations given to tlie county, its \icinity to 
the station, and the accommodation of a majority of th« 
inhabitants of the county. And when tlicy sliall have se- 

—14 



1857. iilO 

H9 of location leoted such location they sliall cause a map of tlie same to 
Mb«a.tJ. ^^^ m i(i»' by a compt'li-nl surveyor and file llit* saint' in the 
otfi.-e of the clerk y^t' tlie county court, together with the 
ah<tract of the tide to said lantis so m:!p|)ed, uhich lands 
they are authorizf-tl to purcliase tor the county, lor a sum 
not exceeding rttty cents per acie, and the ti'le to said 
lands, together with the map, shall be recorded in the re- 
corder's office in said county. 
»r««a.^' .-a* to § 4. It shall al<o he the duty of the board of supervi- 
iwu^e. sors, at their tirst meeting, if the vote shall he for a remo- 

val, to cause the necessary estijnate and plans and speci- 
fications to be made fi»r the erection of a good and ])eiina- 
nent public building cr buildings for t.ie court house, jail 
and other pubiic olRces of said county, upon said site, and 
to make arrangements so that said building or buildings 
*«n«i:n(t tn Yr may be erected and finished within three years Iroin the 
2^'Ve*!.."'' fiist of Scj)lemher, A. D. lSo7, and to levy and collect the 
necessary tax for tliis purpose, not to exceed fifty cents on 
every one hundred dullars of taxable proj)ert5" in said 
county. And when said building or buildings shall be cem- 
pleted and accepted by the hoaid of supi'rvisor. , the court, 
offi HTs, and j)uhlic records shall be removed, held and 
kept in said building or buildings, at the said village of 
AViieaton. 
■•uotofticcuoo § 5. Public notice shall be given of said election h) the 
county cleik, in the newspaper.^ published in said county j 
and the town clerks of the several towns shall cause a 
copy of said notice to be posted up in three of the most 
public places in each town. Said notice shall state that 
tlie election i'' called for the above named purpose of re- 
moving the county seat of sairl county, at least twenty days 
previous to the holding of said eli ction ; but notice of said 
election may be publi>hed and put up in the said several 
towns by any citizf-n of the county as aforesaid ; and if ac- 
tually puhl'shed and put up in the said several towns the 
flame shall be deem«-d legal and sufficient notice of said 
rr««i»« election : ,'7/t(/ j)r(iri//r(/, a/s<>^ that the refusal of any pub- 

li'iher of any paj)er in saifl county to publish said notice 
shall not render said election in*, alid. 
rr9P*T'T, >♦" ^ <>. And in case said coutity seat shall bo removed to 
the said village of Wi eaton, in that case tin" property now 
occupied and bi-longing to said county, at Naper\ ilje, con- 
siiting of public; grounds, court house, jail, clei k's office 
and any other itninovahle property, the same shall he con- 
veyed, by good and .sufficient de('d, by the fiaid board of 
Sup'M% inors, to the said village of Naperville, for public 

|)urpfiie« forever, at any time after the cotmty seat shall 
lave been removed an<l the buihling.'S erected, iind after 
the diid villfige of Nnp«rville shall have becoine incorpo- 
ralid; h;;t the books, files, papers and other projierty of 



211 1857. 

the sai \ county shall not be removed from the present 
otfices till sticli time as the above mciitiiuied new huihJings 
are coinpleleci and acc»'j)ted hy said boitrd of supervisors. 

§ 7. In case the said vote shall be to remove the eouiity citiji«B» o* 
seat to the viilagt^ (d' Wlieaton, tlie said citizens ot VVliea- of "limsTli*^ 
ton shall be required to secure to the bf)ard of su[)ervi- ••«"fe»»«'«" 
sors ground on which to erect county buddings, not less 
than one block, as aforesaid, and to secure to said board, 
by a good and suiKcient bond, the sum of five thousand 
dollar.', tor the purpose of assisting in the erection ot said 
buildings, to be paid to the treasurer of the county as fast 
as the same shall be needed in the erection of said budd- 
ings; sai(J sum to be paid under the direction of the board 
of supervisors, at such times and in such amounts as the 
said board shall direct; and which said sum shall be so 
secured to said board of supervisors at or before the time 
of making sucri location. 

§ S. Tl»e expenses incurred in said election and in fix- Bxpo»», n.w 
ing the hjcation and removing the county seat shall be j)aid 
out of the couniy treasuiy of Du Page county. All acts 
or parts of acts winch shall coidlict or be in contravention 
of thi>' act are hereby repealed, 

§ 9. This act to take, efTect from and after its passage. 

ArpRovED Feb. 7, 18r)7. 



AN ACT allowing tlie use of the basemont rooms of the court house at i« fore* Psi.. u. 
Mount Vernon. 1867. 

Section 1. Be it enacted by the people of the state of 
IlltHDia, repreaented m the General */lsseinltly. That the 
Mount Vernon academy be and are hereby authorized and ^** ^'»w»«"' 

J J ^ rooms. 

permitted to use so much of the basement room for the use 
and accommodation of schools as may nit be needed by 
the supreme court. 

§ J. Tlie justices or clerk of said court may designate 
so much of said room as may not be wanted by the court, 
and prescribe the necessary precautions in the use of the 
same fjr sa!'ety and preservation. 

§ o. Tiiis act to take etTect Irom and after its passage. 

Appro VKD Feb. lt>, 18 J7. 



1)^^7. 



212 



I f»rc« K-, 



K. AX ACT to ujcorporate the Illinois Uiver Iniprovemcnf Company. 



Section 1. Be it tnoctvd bi/ Ihc /)t'(>p/e </ t/ie state <f 
Illiimis^ rr/iresentti/ in the (.!> tu rat %isse7nhl}j^ That Wil- 
liam F. Thorutiui, Win. li OmU-n, Geori;;*; Steele, George 
Barrett, Julin B Pnston, (jiivrii;e Walker, Isaac Hardy, 
Alexaiuler Orniksliaiik, C'lmi i-liill CdIHmi:;, R. G. P. irks, T. 
B. Blackstnne, John L. MeConnii k, A. Cainphell, 11. A. 
CTrtrJiner, E. W. lla/./inl, Wiili.»in Fi-lier, William Fetin, 
Silas Kainsey, Siilney Pul.siUr, V in. S. Moss, Geo. C. Bes- 
tor, William KiII'>l:«j;, N. li. Curiiss, Georj^e Harding, 
William S Maus, William T. Slaik|i(ile, Isaae E. Leonard, 
Cliarit s Farwell, lluraie Billings, E. Lii>^k, J. W. Trovy, 
S. P. Tlitin|)"^oM, .1. J. Mitrliell, JdiiU'S DiMilap, H. Lucas, 
Jitlin Hdw, J.diii O'Fallon, lliiiiy Atius, A. (i.'idley, .1. W. 
Fell, Joliii Friiik, diaries Todd, Loreii/.o P. Sanger, James 
M Riig'nrlfs and (ieoige N. Walker, and tlieir associiites, 
assigns and successors are hereby made a corporation, 
iiiuier the name end stjie of the ''Illinois River Improve- 
ment Company ;" which, hy that name, shall have perpet- 
ual succession, with all the immunities, priviltges and 
powers incid« nt to corporations and neccssar} to carry 
c»,:«c{»Md pur- into etFect ihe objects and jiurposc-'s of this act ; and there 
***" i<i hereby granted to Said corporation the right ot" raising 

an I maintiHining in the Illinois river, hy means of a sjstem 
of dams and locks, a body of water of such a height as to 
admit the convenient passage of steamboats of ordinary 
draft, between the steamboat basin, at Jja Salle, and the 
Mi'^si-jsippi river, and having in all j)Iaces, between these 
points, a depth of water not less than six feet ; but said 
dams >fiall imt be raised so as to o\ei(low the lands adja- 
cent to the river to a greater extent than may be necessary 
to secure a depth of vix fret ot water in the channel at all 
times. The na\ igation of .said river shall not be untieces- 
jiarily interrupted or obstructed by the woi ks herein con- 
u^'* tnr all tempiated, and the company shall \>v liable for ail damagen 
Sa^Ili" '*' oeeasioned by any unreasonable delay in constructing their 
worLfi ; and m ease «»( damage to said works they shall be 
repaired with all praclicabfe speed. 
fc^Mtiw* 6 - The capital <tock of said corporation shall b(; three 

millions (»f dollars, which may Ix; increasj-d Irom time; to 
time, by a vote of the stockholders, to any sum not ♦•xceed- 
ing tit*' cost of said work. Il shall be divided into shares 
of one hundrtci dollars each, which shall be assignable on 
the books of the company only, and after the (laymciitof 
all ('fcbtji due to fiaid corp«»/a.ion from the holder. 

§ '■). The person"* incorporated by thi.s act, or any three, 
are III reby appointed comniis^ioiH-rs to receive snb'jcrip- 
tions to the Nixck of Kaid corporati(,n. Assfion as the sum 
ot fity thouiaiid dollars shall be subscribed, and the sum 



218 1837. 

of five thousand dollars paid or secured to be paid to the 
acct'j»taiice of the cvinimssioutrs, tiiey uiay call a meeting Caii Mceun^i 
of the stockholders, at a time and place to be designated 
by them, giving at least ten dajs' notice of the time iind 
place of holding the same, either personally to t'ach stock- 
holder or hv pul)lica(ior) in one or more newspajuis pub- 
lished in a town situated on the said river. At said meet- 
ing the stockholders ^llall elect thirteen directors, who Elect direetoi*. 
shall hold their offices until the next annual meeting of 
Stockholders, and until their successors sliall be chosen 
and shall accept. A me»tiiig of tht; stockholdeis, (or the 
election of directors and the transaction ol Otlur business, 
shall be holden annually tliereaiter, at the time an'd place 
appointed by the by-laws; and special meetings of the 
Stockholdt^rs may be holden at any time, at the call of the 
president, or of any five directors, or upon the written de- 
mand of any ten slockiiolders. At all meetings of stock- 
hohlers, each share represented by the owner or his proxy 
shall be entitlt d to one vote. But said corporation shall 
not commence the erection of locks or dams in said rivfr 
until lu)Hii J'uU' subscriptions sliall ha\e been made to the 
capital stock of said company to the amount of one million 
dollars in addition to the subscription w.'iich may be made 
by counties, cities and towns, as hereinafter authorized ; 
nor until the sum oi one hundred thousand dollars shall 
have actually been paid on such private sub.^criptions. 
Said Hork shall be eti'eclually commenced within two years Tobec«mnien«^ 
from the j)assage of this act, and completed within seven yeLs" "^ 
years, or the rights conferred by this charter shall be lost 
to said co.npany. 

§ 4. Immediately after tlieir electicn the directors shall ^l^ '^* * •"*""* 
meet and choose one of their r.umber to be president. The 
business of said corporation shall be thenceforth managed 
by them, or by an executive committee of the president 
and two directors, to be by them appointed. The board 
of directors shall frame a body of by laws for the appoint- 
ment of other officers, agents and others necessar) lur the 
company's service, and for regulating their own proceed- 
ings and the company's operations: Pruvultd., Iioircn 7'^ fr^yit. 
that the same shall contain nothing inconsistent wiih the 
constitution and laws of this state. 

§ •'). The directors may require payments of amounts May r^qmre iim 
subscribed for stock, at such times and places as the inte- ^n^n^n* 
rests of the company, in their oj)inion, may demand. They 
may enforce the collection of the same by the ordinary 
course of law, and likewise by the sale of any shares de- 
linquent, at public vendue, giving at least ten days' notice 
thereof in some newspaper published at the j)lace of sale. 

6 G. It shall be lawful for such corporation to enttr ^»^ *"'*' "Pw 

' . , , ,• • • .1 • 1 • 1 I ^ land for p«irpo»« 

upon the lands adjoiniiig tlic Sdiu river, and make ttie or kurveymciM 



1857. -214 

necp'^'ary levels and surveys. Before conimencincj their 
works of' ooiKirui'lion, tliey slial! Jile in the oHice of the sec- 
retary of Slate a plan of the projioseJ work, specifviniy the 
position and heij^ht of the datns, the size, heicl>t and loca- 
tion of the look-', a profile of >lie stream, with a detailed 
estiinato of tie estimated eost of said work, a statement of 
the amount of caj>il;jl stock subi^cribed with the nanus a/id 
residence of e. ch, and the amount su()scribed by each, and 
all other necessary explanations of the contemplated im- 
provement ; which plan shall be subject to the approval of 
a board com[)osjMl of the governor, auditor, treasurer, 
Wright Case>, Samuel Ryd»r, L. E. Worcester, John 
McCluskey, Stephen llambaugli, Ji-sse Danielle, II. G. 
Bryant, Henry E. Dummer, James INI. Ruggles. William 
S..M.UIS, James Daugherty, Henry Snaebley, Wm. Max- 
well, Edv,'ard Pulsifer, Alexander Hitchcock, Cyrus Biyant, 
Thompson Maple, Charle>? Walk* r, Stephen A. Douglas, 
W'illiim F. Thornton, W. Milner Roberts, William II. S'vvift, 
William Gooding, William B. Ogden and George Wait; 
iMrdu>MPctftt which said board shall meet at Sorincfield, on a notice of 
the time and place of meeting given by t!ie governor; and 
if a majority of those j)resent shall approve said plan they 
shall lile their ap()rovijl in the office of secretary of state, 
and thereupon said corporation may proceed to C()nstruct 
said work, in accordance with the provisions of thi:? bill. 
If at such meeting a majority of those present disapprove 
said plan they sljall also file such disapproval in the office of 
secretary of state, ami no alteration shall be made therein, 
SMfoet t> ifio except by their consent. On the said aj)|)roval of the plan 
STrT' * " by said board, or a majority thereof, the said corpora- 
tion may proceed to execute the same, and to erect and 
construct and maintain dams, wharves, basins, landing 
places and other necessary buildings, and to perform all 
other f)peralions necessary to remove obstructions in the 
bed of said stream, an<l to improve the navigation thereof. 
And there is hereby granted to said cor))oration power to 
raise the water in the bed of said river, in conformity with 
the plan aforesaid, or to such alterations of said plan as 
maj be made b) them, with the aj>j>roval the goxernor, 
auiiitor and treasurer of this state, for the time being, at 
any time hereafter. Said governor, treasurer and auditor 
anr»u T-'rt- Qiay call to their assistance such professional ad\ice and 
cgineeriiig counsel as tliey may deem proper ; and such 
work shall not be c mmenced without the sanction of said 
hoard, or a majority thereof: /'r./iii/i (/, /ii,tniTr, that a 
h)ek, not less tlun three hundred I'.et iii 1< ngth and s«*venty- 
five feet in width, and admitting the <-onvenient pa^-sage of 
steamboats and other water cralf, shall be constructed and 
maintaiited in eacU dam: ,7n(/J rlher^ priividi^^ that the 
owners of land upon the banks of said river, taken by said 



(t«0«i I 



215 1857. 

company or injured by the construction of said wnik*, sliall 
receive ■/•oinpensatiDU in tlif manner p(tiiit« cj cuit It) Uvv, 
passeii and approved June 22, 18r)2, providii g for C()n<l» nin- 
ing right' ol' way (or purposes ot intern. I inipiov«in«nt. 

§ 7. There is hereby grai ted to said corporal imi the *'^r ^x^o utpm 
riglit of taking t'loin the bed of the said stream an) mate- tcriaiV"*'*** 
rials for the coiisfruction of said imjtrovemeijis, and like- 
wise the right to enter lands adjoining or near said ri\er 
and taking therefrom earth, gravel orroeks, to be used f )r 
the purpose aforesaid, and likewise the right of taking pos- 
session of so much land in the vicinity of said ho ks and 
dams as it maj fii.d necessary to occupy ten)j)oraril} while 
prosecuting such construction ; and tlie said company may 
take possession and htdd any land outside but adjoining 
the bed of the stream, for abutments, or such as ma^ be 
necessary to afford a safe and convenient pa"jsage around 
its dams: Pr<nu'c/et/, howinr. iUal if said company shall ^'■°^''** 
fail to agree with the ownt r t(uichit g his compensation, it 
shall take inea-Jure to acquire the right hy proceedings 
under the law condtinning Mghts of way for inteiiial im- 
provement, approved June 22nd, 1852. 

& 8. The said company shall have power to. lease all P^^er to lease »■< 

' ■ • .' I 1 111 » water power. 

water powt-r arisuig from the dams erectrd by them, under 
such it-g'ilations as tlo-y shall make touching the use of the 
said water, and to collect the rents due therelrom. It 
shall likewise have power to levy and collect fiom boats, 
rafts and (ttlier water craft passing their dams, and upon 
meiciiaudise or other commodities tiansported thereon, 
reasonable lolls, a tantf of which shall be exposed to public 
view in some conspicuous- manner, at each lock, and at 
such other public plaees as the directors may appoint. 
But if the net revenue of said company, alter deducting 
the expei se of repairs and managing their said projierty 
shall exceed the rate ol fifteen per centum per annum of 
the cost thereof, with ten per cent, interest added to such 
cost till comidetiou, then the excess tliereof shall be an- 
nually paid to towns, cities and counties holding stock in 
said company, in jtmpoition to the amount Si.bscribed by 
eacli, to be by them used, r Sj)ectivel}, ft>r public schools. 
All tolls imposed by said company are hereby declared to 
be liens upon the boat, raft, water craft or piopertv liable '•'^"^ '""^'» "i^' 

' II- 1 property. 

to the same ; and no boat, ratt, or water crah shall pass 
any of the company's dams or locks without first making 
payment of the tolls imposed upon the same, ami uj)on the 
property transported thereon. The company shall apj>oint 
Co'leetors at convenient points, and shall ha\e pow».'r to 
enforce r'lles and regulations for the collection of tolls, and 
the pas>age or use of tie dams and loeks ; and may law- 
fully detrtin any boat, ratt or other water craft which shall 
pass or attempt to pass the dams or loiks of the company, 



1857- 216 

without firi^t iiiakinc; payment as aforesaid, or wltliotit com- 
j)liaiice with siioli it initiations. Snid company sliall be 
*• ''^^, ,~'^''"' l> xiiiil to iiir>nl all m-c* s-^ary t'aiil.iits lor (lie piompt and 
•I'vuih CA.;.-. salt' pas^ai^f tlirongii tlu-ir dams and locks ol all vater 
ci.^lf ninniniT on said river; aid any discrimination made 
to tlic I r. jiidicp of an) c'as>! of pnxlncts, wares or mer- 
chandise or any water oiall on said liver, shall subject the 
Com|iaiiy to a fine ot one thousand ilollars lor each offence, 
to l>e recovered by the paH\ injiirrd, to his own use, by 
an aciion of" debt in any court h«\ inii jurisdichon thereof: 
Pr.ii'iitrd, that said com|>any shall and it is heieby made 
tht ir duty to make such rules tiiid regulations as will enable 
tile t'aiin<'is owiiinfT scows, rafts, llat bitats, skiffs and ca- 
noes, when used hy theiiisehes, to pass over the dams of 
said compaii) in hi_uh waU r free of charge, so far as the 
same can be done without injury to said dams or other 
woiks, and such as will also protect said company liom 
obtaining tolls from allothcr persons, exct pt those thus cx- 
ceptt d. 



am r:f:r* ^ M Couutips. citics and towns situated upon the Illinois 

Kthiriiol to ^ J ■ I 

woxn:* »ua river or elsewhere, are hereby autlie) i/.ed, by a vote ol the 
iiihabitant-J, to become st »ckholders in said corporation. 
And such county, city or town, making such subscription, 
is authorized to pay the same by executing and delivering 
its bonds for the amount, pa) able at such times and places 
as may be therein exjiressc', and u|)oti any rates of intei est, 
not exceeding ten per centum per annum, and to pledge 
the taxes of such county, city or town in payment for said 
bondj, and for the accruing interest ; but no bon(fs shall 
be issued by any sucli mutiicipal corporation until the sum 
of one niillifuj of dollars shall have Ix en subscriljed to the 
capital stock of said c(iinj)any by other subscribers, and 
the sum of one hundred thousand dollars shall iia\ c actually 
been paid on such subscri|)ti(yi. The corporate or proper 
authorities of each town or <'ity or county holding stock in 
T* wf»iDt ten- saifl company shall appoint three coniinissioners lo arrange 
its stock, to represent and \()te U|)on it at mei-tings of 
stocklM)lder^, and to take all necessary measures to receive 
the revenues from the company, to pay the accruing inte- 
rest on its bonds, and to manage the sinking fund. When 
vacancies ocinir in said board of coinmissioiiers, by death, 
removal from the state, resigiKition, f)r otiier d sahility, 
8ucli vacancies shall be filletl by the same aulhonties. 
Eacii county, city or town owning stock in said (ompany, 
shall hold the same in pledge, to be used for the pa) inent 
of interest and the redemption of all bonds issued in pay- 
ment iherefjf. TIm- proper authorities of any criiuit), city 
or town, having bonds out-itanding, issued lor'-toi k -n said 
f«a«i4* f - T»r- com|iari) sliull annii;ill\ provide for the p;i)iiient ol the ac- 
" ''■ '^-^ ' cruing interest, and after five years for annually setting 



217 1857. 

apart two per centum of the amount then outstandinp;, for 
the eventual payment thereof, either lioni tlie income of 
sail! stock) or, if the same shonhi jjrove iiisnthcient, from 
a tax to be assessed lor that puipose, iipon the property 
liable to taxation in sucli coutit}, city or town. It sliall 
be the duty ot said board of commi'?sioners, annually, to 
estimate the amount necessary to be raised by taxes for 
the purposf^s aforesaid, and to furnish the same to the proper 
assessor, to be by him assessed upon the j)roju-ity liable to 
the same, on the warrant for the colkcti<ni of slate and 
county taxes, to be collected by the same officer, in 
the same manner, and paid to the proper board of commis- 
siorn^rs, to be by them applied to the proper otiject^; and 
any court haviniir jurisdiction is heieby required to enforce 
the assessment and collection of taxes, and the peifoimance 
ot all duties prescribed in this section, b} bill in chancery, 
by injunction, and other proper jnocess And all such 
amounts, so assessed, collected and paid over to said com- 
missioners, shall, from time to time, be invested or used in 
the pill chase up of the bonds to be issued as above named 
and provided, at the lowest rates at which the same can 
be obtained, whether at or below par; and when so pur- 
chased the same shall be canceled and made void. 

6 10. The directors of said company shall file annually, Dirpctoni ai© ■ 

l-ii'c II T -ii /• Klalpmcnl ai»- 

by the fifteenth day of January , witli the secretary of state, a nuaiir. 
Statement of the revenues, expenditures, debts and oj)era- 
tions, verified by the oath of its president or treasurer. 

§ 11. The said Illinois River Improvement Con.pany ._ 
hereby authorized to borrow money to supply means for 
the construction of said works, and to issue bonds for the 
said loan, in sums of not liss than five hundred dollars, 
payable at such times and places as said conij)an) shall 
judge expedient, and at any rate of interest not exceeding 
the rate of eiirht [>pr centum per annum, and sell the same 
at such price as the directors shall ju<ige expedient; and 
to secure the pa}ment thereof, it may convey b} deed to 
trustees, upon trusts to be tliert;!n specified, the fia ichise 
of said coinj)aiiy and its rights, and all its properly, real 
and personal, and all it shall thereafter acquire, saving 
what may be ex :epted in the said deed, with the power of 
se'ling the same in satisfaction of said debts; which deed, 
when duly executed and acknowledged before some proper 
officer, and recorded in the office of the secretary of state 
of Ill'iiois, shall itself, without further steps, be sufficient 
to vest the grantees with the property therein S|)ecified, 
for the uses and upon the trusts aforesaid It shall be the 
duly of said company to create and set apart a sinking to crosto a «•» 
fund of not less than three per centum per annum for the ""s'ii"«i 
redeini)tion of bonds secured by any such deed "i trust, t) 
commence alter live years from the date of smd bonds, 



jg Aulliorlzod t 
borrow nionr^r. 



IdoT. 218 

§ 

wliich dutj' shall be enforced by any court of coirpetent 
jurisiiiolion, at the instance of" said trustees. In case of 
eiil"t)ri.'iiii; the pavinent of any such bonds, by sale of th© 
property thus conveyed in tni>;t, under a decree of a court, 
the franchise and Ciipititl stock shall pass to the piirchaser, 
and the court, by decree and process of execution and 
otiier proceeding's, shall assure the property and peaceable 
possession thereof to the purchaser. And the books of 
s 'id contpany shall be at ail times open to inspection of 
the b vird, composed of the s];overnor, auditor and treasurer 
or any person by them appointed, 
fciitiw r««crv<si, ^ \2. The state heieby reserves the rifrht, and the 
powers hereby conferred upon said company are upon the 
condition that the state of Iiliii(M:> or the United States 
or the state of Illinois and the United states, may resume 
the rii^Iits hereby conferred, and may take said river and 
the improvements made by said company, by pa)ing to 
said c mpanv the amojuit of the aij;i»regate cost and ex- 
pense thereof, together with (12) twelve per cent, annual 
interest ther»'on, to be co:!iputed Semi-annually on all 
moneys expeniled from time of such expenditure, and semi- 
annually thereafter, and added to said cost; and shall also 
assume the payment of the bonds issued by said company, 
which said bonds shall be considered a<5 a |)ortion of said 
cost, less the net receipts and earninirs of the said com- 
priny. It being the intention hereof, tli.it said river and 
works may be taken and resumed, by paying all moneys 
expended thereon, with twelve (lii) per cent, intirest 
thereon per annum, to be computed semi annually and ad- 
ded to the principal, less the net earnings and receipts 
from said works ; hut this provision is upon the express 
condition that said state of III nois shall keep ()[)en and 
clear the navii^ation (d" said river. 

§ II. This act shall be taken and deemed a public act, 
t3 all intents and purposes; it shall take effect upon its 
passHgf ; and all laws and parts of laws inconsistent with 
it are hereby repealed. 
'>n r.M §14. The c >rporation hereby created shall not engage 
','" !" in nor be directly nor indirectly concerned in any com- 
"" men-ial, storage, commission or forwarding business, nor 
carrving business; nor .shall they own or operate anj steam 
or otior boat or bonts, exce|)t su(di as may be necessary 
in the euiistruction .ir»d maintenaiMM* of the improvements 
fiereby authorised ; nor shall said corporation own any 
lands or town, or town lots f)r other real estate or houses, 
not necessary for the construction or tnaintenance of said 
rivpr improvement. 

ArpRovED Feb. li, 1857. 



219 185T. 

AN ACT to pay Philip B. Fonkp a oprtain amount therein named for '" '"''j^^'!,';''- **' 
legal services. 

Section 1. Be it evncfed by the people oj the state nj 
I//i>inis, represvvtid in the General ^Issimhh/, That the 
auditor of puhlic accounts is herchy authoiized ancUrc- ^^^^i"'V°ilI3» 
quired to issue from his office a warrant for the sum of warrant. 
three hundred dollars on the treasurer of this state in f:ivor 
of Philip B. Fouke, for legal services rendered hy him for 
the state; and the said treasurer is herebj required, upon 
the prese.itation of the said warrant, fo pay the sa'ne out of 
any money iu the treasury not otherwise appropriatf d. 

§ 2. This act to he in force from and after its passage. 

Approved Feb. 10, 1857. 



AN ACT for the relief of Lemuel Corwin, of White county. in forcp Feb. 1S> 

18G7. 

Skction 1. Be it eiuicted hy the ])e(j])le uf the state of 
Uliiiuis, represented in the (Jenerai *>i.ss(rnl ly, That Lt m- 
Uel Corwin be and he is heiehj restored to all the rights ot 
citizen^hij) to whicli he was enlitled before his coii\ic<ion 
of tiie crime of larceny in the White circuit court. 

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

Approvkd Feb. 18, 1857. 



AN ACT to legalize the assessment and collection of certain taxes in in rorco Feb. •» 



Cook county. 



1857. 



Section 1. Be it enacted by the people of the state of 
Jllinuis, represented 171 the General Jissivihly^ That the 
assessment of all taxes in fractional township tortj-one As-.'^essment 
(41) north, range fourteen (14) eastoithe third piiiuipal 
meridian, iu the county of Cook, for the ptirposi s ot huild- 
ing school houses and for suj'port ot stlmols, together with 
the state, county and town taxes, tigether with tie collec- 
tions of the same made and to be made, be and the same 
is hereby legalized. 

§ 2. This act to apply to the assessment and collection of 
taxes in said township for the )ear ol our Loid one thou- 
sand eight hundred and fitty-six ; and to take ellVct and be 
in force from and after its passage. 

Appro\ ED Feb. 6, 1^57. 



a 



1857. 220 

t»Hm Feb. 17, AN ACT to amenil an net pntitlnl " An act to oatabliah a pcner.il ays- 
18«. ip,n of h.uikiii!:." p.issoil Keliruary 15, 1861, and to facilitate tho winding 

up of b.iiika put into liijuiiLition 

Skction 1. lie if ouiclcd hi/ the pop 'e of /he slate oj 
lUiiii/is^ rep resr tiled in the Ueiieral ,^Jssetn't/i/y 'I hat it shall 
Mdiu.'o*! nonce ^*" ihr duty of the amlitor, in addition to the notice re- 
'**""*^- quired hy tlie 2t) section of the act to which this is an 

ain'Midrnent, to cause to he j)Mbli<hed for three monUis suc- 
CfS>i\ely in a j):»j)er [luhlisiu'd at the seat of governnu-nt and 
in one paper publislied in the county where the bank or 
association shall have been iocateii, if one is published in 
said county, that all circulating notes issued by suohbank 
or ao-s'nciation must be pre^ente i at the auditor's office, 
witliin three years from the date that said bank was put in- 
to licjuidation, or that the fund d» jiosited for the redemp- 
tion of the notes will be jrivcn uj) to the receiver, if neces- 
sary f>r payment of debts, and if not necessary for {)ay- 
niiMit of debts, then to the banker or stockholders of the 
association; all persons holdiii|T notes of any such banks, 
and f.iilinfi; to present thrm within the three years as afcre- 
said, shall be barred fioni action aojainst the auditor or 
stockholders. Tl e first insejtions to be made at least six 
months prior to the rxpiration of the said three years. 
iBrtisauj of J«- § -• Whenexer it shrtll be made to appear to the satis- 
•^*- fa<-tion of the auditor that the rec»iver has sufficient assets 

in his hands to |) iy the liability of i^ny bank put iit li(]uida- 
tion, and the aulitir sImII Ihvi: releemt'd at least ninety 
per cent, of the circulatins^ notes, it shall be lawful lor any 
banker or those owniiii; a majority of stock in any bank 
or association to produce a certificate of depos t, to the 
credit of the auditor, in somir solvent bank in this state, 
for the aini»unt of the outstandiiif^ notc^s, which certificate 
shall be payable in specie. The. auditnr may re(|iiire in 
addition to the hank certificate aforesaid a guarantee from 
a resptnsible party tliat he or they will cause to be re- 
deemed at the seal of government, in specie, on presenta- 
tion, any part or port inn of the cii cu la ting notes, thei c by ac- 
quiring an interest in said CJ-rtilicate to the amount thus 
redeemed. It sIihII be the duty of the auditor, when tiie 
banker or st )ck'iolders shall pri'sent the c»'rtificate afore- 
said and a sati»f ictory guarantee, to deliver uji to the party 
vfitt^ i:.ur% presenting it all secuiilies in his hands. At tlie expiration 
of three y.-ars from the date of any hank having ^•♦;en put 
in liquid ttion, the auditor shall collect any balance that 
may be due in said certificate and jiay it, //ro ru/rr, to the 
ft()ck!iotfiers. 
irtn § ''■ '^ s'ihII he the duty of nil receivers, appointed 
under the provioiins of the act to which this is ;«n amend- 
ment, to give notice for six months in a weekly j)aper 



a 



s« 

iitor U<1chT- 



221 18o7. 

printed at llie seat of govenment of the state of Illinois, 
and in one paper published in the county whi?re thi hank 
or a'^sociation was h)cated, if any paper is so jjrinttd or 
pnhlisht"^, that all jiersons hHvii g claims, other than the 
circniiiting notes, against any hank or association pnt into 
liquidation, as afoiisdid, that the) must j)resent the same to 
the reci'iver within three yeais from the date of the aj)point- to to vrettBtu 
ment of said receiver, or be lorever barred hom receiving w'H'm *ki«« 
Irom sanl receiver or Irom tlie stockholders ot any such 
bank or association. At the txpira'ion of the three }ears 
the said receiver shall pay over to the banker or stockhold- 
ers all assets that may remain ir» his hands after liquidating 
tlie claims against any such bank <»r association. It shall 
be lawful for the receiver or receivers to deliver over at 
imy time to the banker or stockholders of any association, 
so j)ut in liquidation as aforesaid, any amount of assets 
in his hands over the probable amount that may be required 
to satisfy the debts, on taking a good and sufficient bond 
from the banker or stockiioldeis to indemnify the receivers 
and creditors of any such bank or association. 

§ 4. Tliis act shall ap, ly to all banks that have hereto- App'ica«o» «r 
fore been |)ut in li(|ui(lation under the act to which this 
is an amendment, as well as those that may hereafter be 
put in liquidation. 

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

Approved Feb. 18, 1857. 



tLid Mt. 



AX ACT to relocate a certain state road therein nameri. • '■ f'^ce Ja». l«» 

isrs. 

Section 1. Be it enacted by the 'people of the state of 
I/tviois, repreaeiited in the General Jlssrmhlij^ That M»d- 
gar Couchman, William English and John G. Fonda, of the c<nnmi«.v>w«,. 
county of Hancock, be and are hereby a])pointed commis- 
sioners to relocate a state road irom the city of Warsaw, 
in Hancock county, to the town of Carthage, in said coun- 
ty, commencing at some convenient point on the corpora- 
tion line of the said city of Warsaw and running on the 
most practicable route to said town of Carthage. 

§ 2. It shall be the duty of said commissioners or a ma- '^' T^^^ ** 
jonty of them to proceed to Warsaw on or lefore the first 
day of April, A. D. 18.")0, or as soon thereafter hs conveni- 
ent, and after having been duly sworn to discharge the du- 
ties iinj)osed upon them by this act in a faithful and impar- 
tial manner, to fm])loy a comj)ctent enyinerr, whose cUity 
it shall be to make a lawful aud thorough examination of 



1S57 222 

tlie several routes likely to prove fav irable, and when all 
the necessary int'urniation is obtHined ihen it shall he the 
duty of SHid eonunissioners to li\ ui)on the route which in 
their jadg.iieiit appears U> be most |>raclii'able, havinsj; due 
ret^aiu to jirfsent traveled road. Said road shall he laiit out 
wi*:hM- vi. and established lour rods wule, and when so laid out and 
established the said conunis>ioners or a majority ol them 
shall immediately pr()ce«'d lo put the same in complete re- 
pair, and lor tliat purj)ose aie liertby empowered to employ 
suolf iiands and procure such m.iterials as may bv: neces- 
sar); and »t shall be the duty ol the said oii}j;ineer to make 
a map oi said road, showing the courses and distances of 
uvuifi:\. Same and the land over which it passes. Said map 
to be tiled in the olfice ot" the clt-tk ol" the county court. 
§ o. After said road i>' laid out and established as pio- 
viiied in section second ol this act, and when the same is 
re(juirtd to pa>s over the land belonging to any con)pany) 
coiporation or individual, and the owner or owners shall 
object thereto and cannot agree with the said commission- 
ers on the amount ot" damages whicii said owner or owners 
ma) be entilJtd to, it shall be lawlnl lor the said commis- 
sioners to condein.i sufhcient land lor the purpose ol the 
constructiou of said road, and assess the damages thereof 
in the manner now provided by chapter ninety -three of the 
Revised Statutes ol this state, entitled " Roads." 
p«inu:» miy le § ^' "^"y damages which may be assessed by means of 
•»MM!j. tile la}ing out of the said load over the lands ot" any per- 

son or eiiipiration, and any necessary j-xpenses which may 
arise in l<«ying out, constructing and putting the said road 
ill complete lepair as aforesaid, shall consiitnte a pioper 
charge against the said count} of Hancock, and shall be 
audited and alhiwed by the board of supervisors theieof to 
the several p«rsuns who may be cntilh d iheieto as ^nch 
owners of land, or for services rendered uv matei iai lui nish- 
ed 'or .he same, whenever required by the said commission- 
ers, and in case of lite neglect or refusal of the said super- 

t» ^.o ' visors ot the Sdid county lo audit and allow any dainagt s as- 

J^* ■ sissi d for lands takmi lor the purposes of the consli lu-lion 

ol sdid roa<l to the several o»vners theieof, or to any person 
for services performed or materials lurnishcd, in and about 
the cuiiNtriiction ot the said road, by direction of the said 
cummis.'iuners, the several persons entitled to such com- 
peiiMation, or the said commissioneis for them, may and 
are hereliy empowered to enlon •• such allowance, on appli- 
cati<jn to ihe circuit court of tin- said county, by ■/nuiiihiin- 
tiH «»r otherwise, 
r , ij •>. The said commissioners .shall continue in o/fice 

^^ '" until said r>>ad shall be laid out, opened and put in com* 

plett? repair^ and in case of the (Jedtli or lelusaj lo act of 
any two ul said cumini.'.iiuners tiiu remaining one tdiall 



223 1867. 

have power to do all necessary acts relating to said road 
or to till any vacaiit-y wliicli may acMTue b) means of the 
death or relnsal to act ot said cdiiiiiiis.sioiifrs. 

§ (). If any person or persons sliall in any wise wilfully pprconnHftbuiwr 
obstruct said road, or sImII injure orticstioy any mile |)ost '''""^••''' 
or f^iide boards, erected alon*^ the line of said road, he or 
they shall, tor every snch otfence, forfeit and pay the sum 
of t\Mnty- tive dollars, to be rec-overed hy the said comity 
of II u>cock, hy action of tleht, on the conkplaint ot an\ p»T- 
son before viny justice ol the peace therein and shall be 
liable to indictment theiefor as in other cases for the ob- 
struction ol hin;hways. 

§ 7. All the persons necessarily employed in the loca- 
tion, opening or puttintj in repair of said road sha'l he al- 
lowed a reasonable compensation, to be fixed l)y t-aid com- 
missioners; antl the said road is hereby declared to be a 
State road and subject to alteration only by the general 
assembly. 

§ S. This act is hereby declared a public act and to 
take etlecf from after its passage. 

Approved Jan. 1<), 185''). 

NoTK. — Tlie forf going act should havebocn prin'ei in the general laws 
of 1855. 



AN ACT to an'hori/.e tlie sriiotil trustpps of towi ship thirty-thrpp imrlh, in r re- Pt. !k 
raiij;.* No. one past of the tlnril principal mpriiliaii. to borrow inoiicy lor '^.iT 

the purpose of building and fumishii.g school houses. 

Section I. Be it enacled In/ (he people nf the filtite of 
Illniins^ ripreseutrd ill the Genera/ ,'/ssf ?/ili/i/, Tbat the 
trustees of schools in township number thirty -three north, ''■''"^«' 
range No. one east o( the third priiicij)al meridiar, be and 
are hereby aulhoiized to borrow any sum of money not ex- 
ceeding tvventy thousand dollars, in addition to the amount 
they are by law now authorized to borrow, at anv rate of ^""""■"'''' '• 
interest not exceetling ten per cent, per annum, and tor a 
period not longer tiian thirty nor shorter than tliree jears, 
for the purpose of building and furnishing common school 
houses ill said town : Pruvid.d., That said trustees sh«ll, rrorU/. 
before they shall be authorized to make any such loan. fj;ive 
notice by posting notices in lour of the most public places 
in said town, an'l also by puhliealion thereof in all of the 
newspapers [>ublished in saiil town for three surc( ssive 
weeks belore tl.ie d,iy specified in paid notice, iind nextpie- 
ceeding the same, to the legal voters of said town, to meet 



iSoT. 22 t 

at the respective places of liolcliiiijr elections for scliool di- 
rectors, \o \ ole on the (|Uestion as to \^ lictlit r the sai»l trus- 
t»es of schools sltall bi- autliorizeil to make any such lonn. 

T*«iMS3^fr »ui'i. S.iiil notice shall also speeil) tlie amount of money proposed 
to be burroweii, the rale ot interest and the lenE;tli of time 
for which the same is proposed. Said election shall be 
conducted in tlie same m.inuer as elections for school dis- 
trict officers; the balK)ts shall contain the words "■school 
loan" or '* no school loan," as the case may be, and the 
returns of such election shall be with all convenient dis- 
patch, certified by the persons havinjx charcje of the same, 
to the s.tid trustees of schools ; anil it it shall a[)pear there- 
from that a m.ij'irity ot the legal voters voting at such 
election shall be in favor of the proposed loan, the said 
trustees of schools shall be authorized to make the same 
and execute all instruments necessary at d proper to secure 
the payin^-nt of the same and the interest thereon, pledt^*- 

mat proporiy '"i^ **"d binding the whole property of said town for the 

fcr i»yniriit of payment of th'.^ same; but if a majority of the letral \()(eS 
•* Cast at such election shall be against the pro|)osfd K)an, 

then the same shall not be made : P riivided^ fui llnr^ that 
if the first vote should be against such loan said trustees 
may again submit such proposition to a vote of the legal 
voters any laimber of times, whenever said trustees may 
deem it for tlie j)uhlic good so to do. 

■widmc tthsji § - ^aid funds, when borrowed as aforesaid, shall be 
a fund in the hands of said trustees for the purpose of build- 
ing ni-cessary school houses and furnishing the same with 
necessary furniture and ap|)ar;itus, (or which said trustees 
shall be lia!)le, as other funds coming into their hands as 
trusU'PS, and the same shall be placed in the school treas- 
ury of said town, ami dr.iwn out upon |)roper orders by 
said trustees f'jr the purposes afortsaid, and the ti'easurer 
shall, if rerjuired, give such additional bond for the sama 
as the first trustees may d»em necessary. 

This act shall be dretned a public act and shall be iu 
force from and after its passage. 
Ai'PHovKD Feb. IH, iyf)7. 



ko«*o*. 



WW Frh. 1^ AN A<"'r to form a fractional townnliip forscJiool jmrjiogrn, In Jacktom 
!••'• county. 

Sfction 1. He it enaclc'f hy the peoptc of the state off 

ll/inuis^TPfirrsnittil m /hf (inn r(ilJIs.sci7ihh/,t That all that? 

%f,A f. - part of township y«-ven (7) north, rai ge fi\e (5) west of 

-"-n^un>. the third principal meridian line, as lies in Jackson county^ 



b 



225 1857. 

be and the same is hereby declared to be a fractional town- 
ship (or school purposes; that ihe inhabitants shall have a 
rii^ht in said fractional township to or«.;anize into a school 
district and have all the rigiits and privileges and powers 
under the school law as are now given by the same to the 
inhabitaiits of tovv'nshij)S. 

§ 2. Tiiat the said fractional township sliall be entitled 
to collect and t!'.e tax arising fruin the present assessment 
for school ])urpo.ses. 

§ o. This act to be a public act and be in force from 
and after its passage. 

Approved Feb. 18, 1857. 



AN ACT aiithori/inji; certain ciiies, counties, incorporatfJ towns and latorceVoh. '.s, 
townships to subsciibc to tlic Block ot ccitaiu raiiioatls. ^^'i- 

Section 1. Be it enacted by Ike peupk of the state of 
Illinuis^ reijresertttd in the General t/ii^stTublu^ That any 

/ • - J i. .^1 Tcwrs &o , no- 

city, county, incorporated town, or any towtiship now or ih.ri/ed lu wb- 

hereafter organized under the township organization laws, ^"'''e»'«<=*- 
which may be situated on or near the route of the Ottawa, 
Oswego and Fox River lailroad, or of the Cliieago, Am- 
boy and Upper Mississippi railroad, or of the Juliet and 
Mendola Division of the Joliet and Terra Haute railroad, 
as the same may have heretofore or may iiereilter be sur- 
veyed and located, may become subscribers to the stock 
of any such road, and may issue bonds for the amount of 
such stock so subscribed with coupons for interest thereto 
attached, under sucli limitations and restrictions and on such 
conditions as they may choose and the directors of said 
company may a{)j)rove, the proposition for said subscrip- 
tion having been first submitted to the inhabitants of such 
city, town, county or township, and approved by tliera. 
And upon ap[)Iication of any fitly voters of any city, county, 
incorporated town or township as aforesaid, s[>ecilung 
the amount to be s ibscribed and the conditions of said 
subscription, it shall be the duty of the cleikof such city, ^'Jl'^^i^J*' "*" 
town, county or township, immediately to call an election 
in the same manner that other elections for said city, coun- 
ty, town or township arc called, for the purpose of deter- 
mining whether said city, county, townshi[) or tov/n will 
subjcribe to the stock of said road; and it a miijority of 
said voles shall be " for subscription," then the county court 
or board of supervisors having jurisdiction over county 
matters, in said county, or the corporate autlmrilies of 
said city or town, or the supervisors and town cleik of such 
—14 



1S67. :2::0 

town^liip Fo votlppj.^l.all cnu-tp said subscription to lie made, 
ant! ujion its acceptance hy tli^ tlir('tUor.«! of f^aid ccni] ^ny 
shall cause bonds to be is"SULd in conrormity witli said vote, 
which bonds sliall in no case bear a higlier rate of interest 
than ten cent, per annun^., and shall not be of less denomi- 
nation lliim one t'iou?and dollars, and sliall be accepted by 
said company at their par vnliu^ 

§ '2. Any township iti Kendall county, and the township 
of Plainlield, in Will couiity, j-ImII have li'ce powerto sub- 
scribe for the stock to any railroad now or hereafter lo- 
cated through said township, and issue bonds therefor in 
the same manner as pri)vidtd in section first, or to vote a 
sum not eNCeediiinr five tliousand dollars to ))ay damages 
for right of way through said town for anv such railroad. 

§ o. This act shall be in force from and after its pas- 
sage, and shall be liberally Ct>iistrued for the )>nrj)Oses ex- 
pressed tht-rein, and shall be held to bo a public act. 
f rwwidt f r the § -!•• It shall be t!ie duty of the propir authoiities of 
.^"I*"" •^ '•"* any city, incorporat'd town, county or townshij) issuing 
bonds as aforesaid to make all necessary arrangements and 
pro\ide for the pr impt payment of all interest and other 
liibilities accruing thereon and to levy such taxes as may 
be necessary tlteii for as other taxes are levied by them. 

Apphovkd Feb. IS, l.So7.' 



Bta«!*n*r ^<tr1 



f»rn» p^^. If, AN .\CT lo fstablish and rr^nlat'' a nya'oia of public schools in th« 
"*'• ci'.y of J}!oijmiii;;*oii. 

Section 1. Be it cunct'-d ly the people of the state, of 
Illinois^ rejtresciiled in the Gviierul Jlssiinhhj^ l^hat there 
shall be elected biennally in the city of Bloomington, by 
the fjualifi'd electors of said eify, a hoard of education; to 
consist of seven members, whicli shall be denominated the 
board of f ducation, and the jirrsons so elected shall be res- 
idi'nts of s;iid eify and sha 1 hold their office for the term 
of two yi-ars and until lluir successors shall bo elected and 
fjualifli.<l. The first election /or said members ol the board 
of rducation shall be holdi'n on tlif first Monday in April, 
A. I). 1^'>7, and ort tin first Monday of April, biennially, 
thereafter; tlip nifctings fcjrsaid • lection shall be riotified 
and callrd, and the poll book oj>» ned and kept, the votes 
canvassed and the returns made in the same manner as the 
election of mayor and aldi rmt-n. The s<'ven per.'^ons hav- 
ing the higln-st ntimher of voti-s shall be declari-d elect- 
ed and, the city cbrk, immediately upon the result of the 



227 1857. 

election being made known by Ibe proper relurn?:, sliall 
notily the se\ era! persons so elected ot tlu-ir election. 

& '2. Tlie board ofediicatioi. sliall, williiii two days afier •'^'''''' ""'' '"'<■'* 

, ^ , . II- • ulUceri. 

tile election, or as soon tliereaiter as is convenient, nteet 
within said city ; the time and place of" mectinj^ shall be 
made known to all the members of said board in writing by 
any two of the j)ersons so elected ; when convened the 
board ahall organize by electing one ot their nnmbei pres- 
ident and appointing by ballot some conipettnl jierson to 
be secretary ol said board, who may or may jiot bu a mem- 
ber ot" the board, and also ap|)oint a treasurer. The presi- 
dent shall j)reside at all met- tuigs of the board and pertorm 
all the duties of a presiding oliicer. The secretary shall 
keep a lecord of the proceedings of the board in a book 
to be provided for tin', purpose by the board, and shall 
perform such other duties in relation to the schools in said 
city as shall be required of him by the rules and regula- 
tions to be made and established by the board ; the presi- 
dent, secretary and treasurer shall hold their offices for 
the term of two years and until their successors shall be 
elected and qiialified ; the secretary and treasurer sha 1 be 
subject to removal for good cause by a vote ot a majority ommri -ubifr* 
of said board, and in case of such removal the board sfiall 
apj)oiut a competent person to fill the vacancy. The treas- 
urer shall give bond, with good and sufficient securiiies, to '''j;,')^^'" *'''""''• 
the city of Bloomington, such bond to be approved by said 
board, in such sum as the board shall dettnnine, but to be 
in all cases as nearly as can be ascertained in double the 
amount of all moneys that will at any oiiC time come into 
his hands and conditioned for the performance ot his duties 
as such treasurer, and especially faithfully to keep and 
from time to time to pay over upon the order of the board t.i pv cv..r ai 
all moneys that be shall receive as such treasurer ; and '"'"^*'* 
for any breach of tlie conditions of said bond, as such, shall 
be prosecuted in the name of said city against the said 
treasurer, tinder the direction and supei vision of the said 
board; and all moneys realized from a judgment recovered 
against any treasurer tor a breach of the conditions of his 
bond sliall go into the tre; sury of the board, to be u^ed as 
other school moneys are used. The treasurer shall keep a TokorpHu aio»- 
true and accurae account of all moneys received and paid '^"''^ '''"'^""' 
out by him, for what purposes, upon what and whose ac- 
count, but he sliall pay out no money except upon order 
of the board; for all money paid out he shall tr^ke and file, 
with the papers of his office, proper vouchers ; he shall 
settle his accounts with the board at least once in each 
year and oftener if the board shall so require. 

§ o. The said city of Bloomington shall be exempt from Kxtmpi«i. 
the juri diction of trustees of sclmols in the townsiiip in 
which said city of Bloomington is located, so far as common 



1857. 12:2S 

schools are concerned, and the school commissioner of 
Mt-Lean county shall, in the distribution of the soliuol tiinds 
that may come into his hand's, aj)|U)ilion so mut-li ol" the 
school fund as the city ot l)looiniiii;t(MJ may he entitled to, 

Bi*tr.»t..»:> .! upon a /'/■<> ralii distribution ol said t'lmds anions; tbe sev- 
•ot^i rv.-ji. ppg| townships of said coiu\ty, to the said city of Bloonung- 
tnn; and ujn)n the fiiing ol" tlie bond of the treasurer ol the 
saiil board of education tlje said school commissioner shall 
pay over to the said treasurer the amount dut said city. 
All taxes le vieil in accordance with the provisioi s of this 

r«aj* paij cT.^r ACt sliall be paid over by the officer collecting; the same to 
i«u«»»iuc- ^j^jg treasurer of the board of education, and upon all 
moneys pi*ssing throurth his IibtkIs the said treasurer shall 
be allowed to retain two per cenlum. If any vacancy 
sliall oceur in the board of eilucifinn between tlie times of 
the biennial election, bydcat'i, resignation or rt-moval from 
the limits of the city, the remaining members of the board 

T«.«aci«» fl-;ovi. shall fill said vacancy by appointmnnt, and the ])erson so 
appt)inted shall hold Ids olFice until (he next biennial elec- 
tion f'.r nit mbery of tlit- board. The s:»id board ol educa- 
tion shall be capable of contracting and bring contracted 
witli, suing and bting sued, j)haUiiig and being imph-aded 
in any court of law or equity in this state, and shall also 
be capable of receiving any gift, grant, donation or devise 
made for the use of the coramon schools in said city. 

QOU.-UM ^ 4. The said board shall hold their meetings at Siicb 

times and place as they may think |)roper; that any lonf 
of said board shall constitute a quorum; that special meitt- 
ing'i may be called by the president or any two uwrnbers 
of the board, on giving two d.'.ys' notice of the time. and 

•rrtMB b-M'- « place of holding such met'ting<; but at no special m«j(ing, 

:,,iu.:c :. .-- except all the m( mb»rs of ihf board are pr«'sent, shall any 

■.wi.tg*. * resolution, in relation to hites for school houses, or /inan- 
cial resolution or order be pas>ed, uidess the two days' no- 
tice, as aforesaid, he given and the subject or subjects to 
be acted on be specifn<l in the notic. 

S '). The sai'l board of education shall have the entire 

fjg- \ • f ^•*i :v« * 

•Bti 1 r,,<.--<,i TnanagfMUfnt and control oi all th(> cf)mmon kcIiooIs in 
** ' said ci'y of IJloomington, and of all the houses, lan<ls and 

ai>purt«-nanoe«i alr«*ady providi'd and set apart h»r common 
fclicool purposes, as well as those hereafter to be providt d for 
the sami* [)urpos».'Q; and the said city of Bloomington shall^ 
from and after the first IMond ly of Apiil next, (constitute 
hut one school dislricl; and all monejs acerning to said 
di"!trict for school piir()ose«, under any law of this state, 
nhall be paid over to lite treasurer of said board of educa- 
tion. 
. , o «;. It shall be the duty of fjaid hoard of <ducrif ion, so 
utccM. •> >:nona<?they may real'ze puflicier.t fnnrU for the purpose, 
**' to ettablish, within the bounds of the city of Bloomington, 



229 1857. 

a fufficient number of primary, secondary and grammar 
scltools to accommodate all tlie cliilciren of said city, 
and tliey shall also estahlisli a city liiL^li scliojl in said city, 
of a i^iade above the <:;rammar school. To each school, 
in this system, there shall be gratuitous admission for the '^■'**'^\'^^"' '"'■ 
children, wards and apprentices of all the residents of the 
city of Bloommgton, and of such other persons living in 
the immediate vicinity ;i^ may own property charged with 
a school tax. in said city of BI(u)mingtoii, v/ith the follow- 
ing restrictions, viz : no pupil shall be admitted to the sec- 
ondary, grammar or high school who fails to sustain a 
thorough examination in the studies of the schools of the 
next lower grad*-; and the teachers in either school shall 
have power, in accordance with the rules and regulations 
of the board of education, to exclude pupils for misconduct 
or nonattendance. 

§ 7. The said board of education shall have power to B'^rd to msiM 
make and enforce all necessary rules and reg\ilations for 
the govornment of teachers and pupils in said schools ; to 
employ teachers, mtile and female, Irom among those who 
have received a certificate from the eicy examiners, and 
pay them a suitable compensation ; to purchase all neces- 
sary books and apparaiU'i ; to select sites foi school houses 
and superintend t!ie building of tlie same, upon tlu-ir own 
plan, and to pay for the lands and houses and furniture, as 
well as the oilier expenses of said school s}St»Mn, from the 
public moneys in the hands of the treasurer of said board. 

§ 8. The said board of education, within thirty days b..t,.j t« ret^n 
after their organization, shall report to the city council of ''"'^' '•«u^ii. 
the city of Bloomington the number and description of 
buildings necessary for the |)utj)oses of common schools 
in said city, which report shall be in writing and shall speci- 
fy the amount of money necessary to he raised to meet the 
expenses of erecting such buildings, and said board shall also 
ipecify in said report the amount of money necessary to 
be raided in addition to the money accruing to ^aid city 
under the general school law of this state, to defray all the 
Qiher expenses of said school pystem during the current 
year; and thereupon the said city council shall proceed to 
levy a tax sufficient to meet such expenses of building and citr eoir**: t* 
repairing school houses and the ex|)enses attendant upon 
the maintenance of said free schotds in said < ity during 
the whole year, customary vacations only excepted, said 
tax to be levied and collected as the other taxes of said ^Jortlngt^ *°'' 
city are or may be collected : Pruviihd, that said addition- 
al tax shall not exceed in any one year five mills on the 
dollar of the taxable property of said cit\ ; and it shaU be 
the Hut) of said board, on or before the first Monday of jr!»iirr»p «. 
April, in every year thereafter, to make a r' port in wri- 
ting to the cit) council of all moneys received, how and for 



1867. 2ao 

what purpose oxj)enilt'il, witlitlir proper voiu'liers, and give 
siicli otl.**r iiitttriiia'ioM in iii;i*ii>n to said si'liools as tliey 
may ilt'eiii iinportatit, !?pfiMf\ iiig in Siiitl annual reporl the 
amount ol inoot-y ntivssai\ to be raisfd hy taxation to de- 
fray thf t'Xpt'nsesol said school sy«:ttMn, and the city coun- 
cil shall annually, U|)on t!ie coming in of such report and 
within thirty days thereaHcr, proceed to levy h ^'^^ sulli- 
cieiit to meet such expenses, to he levied and ccdlected as 

rrt'um, the oth» T taxi'S of saiil city : Pr iviilcd^ said tax shall not 

excetil five ini'Is on the thdiar of the taxahle proj)eity of 
said cit\; ae»d the said city Cinnu-il shall caus«^ all such re- 
ports of the board of education to he published, or so much 
thereof a they ma) '.him necessary, the reports being left 
with the mnsor of the city open lo public insj)ection. 

TiuouTu* ia §5* All legal title to lands and liouses and otiier pi'(>j)erty 
•Hij^''''^' *'^' ti'^'^'d li»r citmninn srhool pur|)()Si s in said city of Blooining- 
ton shall vest in said lioird ol education, at tlie taking effect 
of this act, and all titles ac(piired thereafter shall bu in the 
name of said board of education; and said board of educa- 
tion shall have power to sell, h'ase and cni.V'-y any and all 
of the lands and t^Mieinents held under and hy virtue of this 
act and to purchase other lands and tenements in more 
eligible positions. 

eab«o: •T»rr.;m- ^ !'-•• The Said board of ed ucatinn sliall Immediately u pon 

•Mot^i ''* *** t''*'*'" election, as iiereinbefore provided, appoint three com- 
petent [)ersons to ser\'e as'school exainiM«'rs of said city, 
all ol whom shall be citizens of Bloomington, to serve for 
two years, one of whom they shall designate as citj school 
superintendent; and it shall be his duly to visit, inspect 

'•wt/B, a-' i.' ^"'' vxercise a general control over said system of schools, 
subject o the direction of said board, and he compensated 
fur his services as said hoard may Irom time to (ime de- 
'^ termine; and, biennally tliereafter, said board shall a|»point 
three competent persons to act as school examiners for 
said city ; the said examiners, or any two of them, shall 
. examine such i)ersons as shall apnly lor that purpose, and 
i«r.. if they fifjd.the applicant f|iialihed 'o teaih they shall give 

him or her a corliticate, naming the branches he or she is 
found rpulified to teach, showing that tin y have itujuired 
into his or her character and helii-v c it lo be moral and 
pood, and that he or she is (jualificd to govern and teacli. 
The said examiners sha I also re(romtnend suitable text 
book<i to ho ado[)te(l by the said board of educati(;n for the 
nse of schools, and semi annually r< port the condition of said 
schools to the city council, tin* |)uldication of which shall 
be at the discretion of the «aid council. 

5> 11. Annually, at »Uih time as the hoa»"d sliall appoint, 
ptitdic examinations f»f all the schools s! all be had ui.der 
the direction of the board of education and the examiners. 



Kiuit 
te*cfa«ri 



Bifuiivrt of 



231 18.57. 

§ 12. So mucli of the general scliool law, and so much 
of ail other laws of this state, general or local, as u»ay be 
incon^^istent with this act arc re}>ealcd as to said city of 
Bloomington. 

§ lo. Tiiis act shall take effect from and after its pas- 

Approved Feb. 10, 18o7. 



LS AC I i.> amond an act rnlitlod ''An act. to ann lui tlie charter of tho in fo.cr>.ian. M, 
city of Pyuria, aud to establish and regulate a system ot' public schools '*''^- 

ill saiil lify " 

Skction 1. Be it enacted bi/ the people of the state of 
JUiiiois^ repreaetited in the Gmeral ^hsernh/y. That the 
act to which this is an amend niriit be so chai fjjrd as (o in- ii" rersp of boarf 

.1 L f ..1 I 1,11 , * • of meycctora. 

f^rease thf nnuibcrot tlie noaiil ol «;cliool inspectors to nine, 
to be elected by the lefjal voters of the town of Peoiia, of 
whom after the first election three shall be elected ar»nnally; 
that at the next election tor said school inspectors, to be 
held on the first Monday of April next, nin«*" inspectors shall 
be chosen, who, at theii- first meeting shall determine by 
lot which three of them stiail hold the office for the re- 
spective terras of one, two and three >ears; that the per- Ti nn of •m.-f . 
sons so elected and their successors in ofiice are hereby 
constituted a body corporate and politic by the name and 
style of tlie "Board of school inspectors of the city of Pe- 
oria;" that they shall have perpetual existence, and by said 
name shall have power to sue and be sued, plead and be Gcnor.»; pow.-r« 
impleaded in all courts and places wliere judicial proceed- 
ings are had; may purchase, receive and hold real and 
personal proj)erty u'iihin the limits of said town of Peoria; 
may lease, sell and di-'pose of tlie same; and on sale of any 
real estate may, b) residution of said board, to be entered 
on the minutes of tlieir proceedings by the secretary of the 
board, emj>ower the president of the board to convey such 
real estate, by a good and sufficient deed, under his hand 
and private seal, to the purchaser or purchasers thereof; 
and sueh deed, duly acknowledged by the president of the _ 
board making the same, as other deeds of real estate are 
required to be by the laws of this state then in force con- 
cerning conveyances by individuals, shall convey such 
real estate to and vest all the title and interest of said 
board of scliool inspector^; ther« in in the grantee or gran- 
tees in such deed mentioned, their heirs and assigns for- 
ever ; and the deeds of convejance executed by tiie pres- 
ident of the said board and duly acknowledged by him shall Prima facie rr- 
he prima facie evidence of his having bee/j duly empow- "^*"*'^*- 



1857. 1232 

erod by the said board to make such conveyance. Tliat 
all the personal property and real estate heretofore con- 
veyid to or held by said board of school inspector??, or by 
the trustees of schools of town-^hip eii^ht north, ran^re eight 
east, for the use of any school di-^trict in the city of Peoria, 
or the in'iabitants thereof, is liereby vested in the said hoard 
of school in<:pectors of the city of Pforia, to be held and 
tised, or leased, or -old and conveyed in stich manner as 
they shall deem proper for school purposes. 

T»*iK-4,>s t»«w ^'2. /?(///>/r///r;' (vn/(7{Y/, That all vacancies occuring 
in said board by death, removal or otherwise, as well as 
those occasioned by llie expiration of the term of office, 
shall be filled at an annual election by tlie Ief];al voters 
aforesaid, to be held on the first Monday in April in each 

■»:u«a«r^.-c.-- year ; t!>at tlie next election of nine school inspectors and 
***■ the annual election of school inspectors as aforesaid there- 

after, shall be notified, called, held, canvassed and returned 
in the manner specified for the e'ections in the act to which 
this is an aintMHiment, excej)i that ill the legal voters of 
the town of Peoria may vote at such elections and that the 
votes of the legal voters residing out of the city of Peoria 
but within the town of Peoria shall be received at either of 
the places of voting in the city of Pt;oria wh^n tendered 

i„M«<>nr '. :--r at suc!i election; and that if tlie annual election, provided 
* ''iTmn ■ ' .1! ^^^ 39 aforesaid, in any year shall not be notified and held 
u»a.r.»w:j;r ~ at (},p time when bv tfds act it oii^ht to have been, it shall 
be by the proper officer or otfict-rs notified, called, held, 
canvassed and returned at some other timi? therealter; and 
the persons so elected shall iudd their office :i3 inspect(/rs 
for the term which they would have hrld if tliey had been 
•decleii at an annu.il election held at the usual time for tliat 
year. 

i«ir---.r^ t» t^ § '^. /^^ it fitrlher vnacleily That the persons so elected 
/ur,'-«« f fpofj^ ti,ne to time a'? aforesaid as sehool inspectors, shall, 

• n ,t'.\ duriiifr their continuanc*,- in that offiec, be the trustees of 

schoo.s of township i'vj\\\. north, ranfn- ciglit east, in Peoria 
county; shall be a body corporate and pfdi'ie by that name, 
witfi power to sue and be sued, plead and be impleaded in all 

%%',T^,-t tr. courts of law and erputy in this state; shall be the succcs- 

**" sor* in office of the trustees of schools of township e-ight 

nnrfh. rnnge eight east, elected niuier thi^ provisions of the 

f;»»neral sciiool law of this state entitled "An aC to estab- 
isli and maintain a s}stem of free schools," and as such 
truste* s of schools shall have all the powers now or here- 
afier conferred upon and perform all t!ie duties now or 
hereafter required f)f the tru>»t''es of sehool.s by law and be 
i^^.s',. f« amenable in all rt Rj)ectP to the provisions of the general 
Iw*'*'^'^* b«^<i "'"bool laws f»f this slate now in Unvv, or which n)a) here- 
'•" after be enacted concerning the duties an<l liabilities of 

trustees of schools of other townships, excepting in the 



233 1857. 

inaniipr of tliclr election as aforesaid, or as otlicrwisr mod- 
ified l>y this act or tlie act Ut wliiili tlii-i is an uuiUKinirnt. 
That ii|>on the flection and oi^anizing (jf the said lius- 
tees of schools of township ei^hl noith, range tight east, 
above provided for, tiie teimof office ol the uiistees of 
schools of township ei^ht noitli, ran^e eight east, elected 
under he provisions of said act to establish aiicl maintain 
a system of free schools shall terminate, and all lights of 
property and rights and causes of action existing or vested 
ill them shall vest fully and completely in the said trus- 
tees of schools of township eight north, range eiglit east, 
established b} this act; and the term ol" office of all officers Trmi of omoeof 
heretofore ajipointed by the trustees of schools of township J"j',"|j'i" ^ *"" 
eight norll), range eight east, shall also terniinate, and all 
books, records, deeds, notes, obligations, choses in action, 
moneys, papers and personal propirty of whatever nature 
belonging to th^'ir resjjective offices or in their care, cus- 
tody or control by vijuio ol such office, shall be deliveied 
over to their successor in such office ajipointed by the 
trustees of schools of township eight north, range eig t 
east, established by this act. That the power to cause 
to be extended, levied and collected taxes for the siij)p(irt 
of free schools, w.'iich is uow or hereafter may be b\ the 
general school laws of thi? state vested in the tru>tees of 
schools shall be and is hereby vested in the school directors powrr t« rerr 
of school districts in the town of Peoria l>iiig without ^f;;lao«. 
the city of Peoria, to the extent of the taxable property, 
real and personal, within their respective districts, and 
shall not be exercised by the trustees of schools on pro- 
perty within the limits of the city ol Peoria. 

6 4. Be it farlhcr enaclcd, '1 hat the act to which this ^^ am^mipd to 

• i«^L w I ^ .1--I . rc.|Uiio report 

is HH amendment be so altered as to an horize tlie report to be made afier 
required by the 5th section of said act to be made at any '*"=»'" *»™o- 
time after the 1st of September in each year ; also that the 
word "wanted" in section 2 of si'id act, in the filteenlh 
line from bottom of page IMG of printed laws of IS')'), be 
taken and construed to mean ''collected." That said act 
be so further amendeo', that the duties required of the said 
board of inspectors in section 8, ina} be performed by said 
board at an) time within the months of October and No- 
vemt)er, but so that the same shall be done at least three 
Weeks before the election ol mayor and alderman as in said 
act is pro\ ided, and that said board of inspectors be au- 
thorizfr'd to allow and pay to the secretary of said hoard 
such salary or other reasonable compensation for his ser- 
vices and attendance on ^aid board as to said boaid shall 
seem proj)er. 

§ 5. />', it f';rlh(r ciutctnl. That the sale end convey- «»ir of pr«i«rtr 
ance of lot No. twelve, in bl«)ek No. fort) -eight, in Mun- *'^* '* ' 
sou & Sanford's addition to the town, now city, of Pcoiia, 



1S5T. 234 

mailo by s<»id hoanl of iiisjicctors to Luther Card and 
Jaine5: Il^z/ard, on th tliird day of July, A. D. 1850, be 
and tlio same i^ lesjulizptl mn\ tlie titU' to said preuiisea 
deolared and ma«li' ta iimrf to tlio said Garo and Hnzzard, 
llieir lu'iis and assiirns, us fully in ovrry respect as though 
saiil board at the time of inakin<; said deeil haii been vest- 
ed with said title as provid** I by this ac", and duly au- 
thorized and pm|io\vere<i to sell and convey the same. 

oity or>*>cji »u- ^ 0. /it if fitrlhi r cnadtiL That for the purj) )se of en- 
w«jt ah iiij^ the said board ot inspectors to pro\Hle aci(Mtu>nal 

school l»ui ilincjs in the city of Proria, the city council of the 
cify nf Ptoriii are authorized to issu«' the bonds of said city 
fr 'm time to time, siirned by the mayor of said city and 
Coutiter>;i<:nc<l by the clerk of said city council, in such 
sutn>', not exccedinc; in all the sum of fitty thousand dollars, 
and payable at such times, uot excecdint]; twenty years 

F»T«bie rmeax- from their date, and at such place, or places, with semi- 
•nnoiiiaicivt j,„„,,;^| intt^rest coujjons attached, as the said city council 
m^y d»'em proper. All of said bonds which shall be made 
pavahh» in tlie city of Peoria shall bear au interest not ex- 
ceediiiEj eiirht per cent, per annum, an«l those prt\al)le in 
the city of New York or elsewi.eri' out of the city of Peoria, 
not exeeedini^ seven per cent, pvr annum, payable semi- 
annually. Whenever said bonds or any |)art thereof are 
i«jsued, there is hereby levied annually in the city of Pe*- 

»««, \f.t4 I., oria niitil stich bonds are |)aid a lax of one mill on each 
STCadj. *'*^'' dollar's wortli of taxable property in said city, to be ap- 
plied so far as may be necessary to the pajinent of the 
intere<Jt and princij)al of said bonds as the same becomes 
due and payabb-; and it is hprel>y made the fluty of the city 
couneil ot said city, while said bonds are otitstarxling, to 
cau-e to br extended annually on t!ie collector'-? books said 
tax of f»ne mill on the dollar on all the taxable property in 
s»id city, to be collectetj as other city taxes in said city. 

T»i •• .• ' ' Slid tax when collected shall be paid into the treasury and 
if>u»'«he uf I.- coiistitut*' a separate and di«<tinct fund, specially pledLjed 
*^ to the payment of the inti-rcst and the principal of said 

bonds as the same become i\ut\, and the surplus, if any, 
altir providing \'ot the phj mt nt of the said interest and the 
princijial of suili of said bonds as shall fall 6ne. befor«' the 
Collection of tliH next annual tax, shall bo paid o\er an- 
nually by the city treasurer to the Ireasurc'r of the board 
of school uivpectors of said city, to be applied by them like 
other money in the lr<*a<<ur> of said board for school pur- 

^•" p'lxes in said cit) : Provuitd^ lumi rcr^ that said city coun- 

cil may cjirect to be retaine<l in the city treasury from said 
K.irpbH any amount which may have been expended during 
th»; jear in purchasiri;^ up of any of said bonds not then 

due. 

fc ITT. .^f » 7 ».- ^ 7, 'j'l,,. city council of Peoria shall |:»rovi<le by ordi- 
mn^i..' ... nance for the issuing uf said bonds and the delivery of 



f r< 111 uiiu Bttl 
tax. 



2i;5 1857. 

tliem to the [)resident of the hoard of school inspector*? of \ 
saiu cit); ami the proceeds ihtTeof shall he hy said Itoiinl 
applied exclusively to the purposes of building, repairing, 
enlarging and furnishing school houses and purcl using sites 
thertfoi in said city. 

§ S. Th^ city council of the city of Peoria shall, on or A«cprtrtinbyre«- 
helore the first day ol September in each year, while any luu.mi ariging 
of said bonds are outsta;.ding, determine by resolution to 
be entered on their mintites the amount arising from said 
one mill tax, which shall be retained in the city treasury 
to pay interest aiul apply iu liquii'ation of pr-ncipal of said 
hor\ds for that year, and the clerk ot said CDuneil shall 
within five days thereafter certify the same to the l)oard of 
school inspectors of said city, togetfier with an estimateof 
the probable amount of said tax fur said year, and what 
sum will remain after paying costs of collection and de- 
duc.firig the amount retaitied by the ci*y as aforesaid, to be 
paid into the treasury of said baard for school purposes. 

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

AiM'RovED Jan. 2i), 1857. 



AN ACr to Icjrilizc the sale of schonl lands in ihe county of Iroquois. I" rorce Feb. ■•> 
" ^ 1857. 

Where \s the several school commissioners in tlie county Prc.imbie. 
of Iroquois have in no case advertised the sales of 
school lands iu said county, by insciting notice there- 
of in a public news|)aj)er and by posting up notices upon 
the court house door and other public places in the 
county, as the statute directs, but have advertised their 
sales in the public newspaseis only, for the length of 
time required by tlic statute ; therefore, 
Skction 1. Be it enacted hy the jjeojile of the state of 
Illinois, represented in, the Gt^neral »^ssenibli/. That all ^'"" f ?**»?' 
sales 01 school lands by the county school commissioners 
of said county of Iroquois are hereby legalized. 

5 2. Tliat all persons nurchasins: lauds of any of the PurciLiFPra 
8 jliool commissiontrs ol said county, alter the same hav- 
ing biMMi advertised in a public new~paper for the length 
of time re(juired by the statute, and having received a deed 
from t!ie governor of the state of Illinois for the same, shall 
be good and valid and vest in the ])urchaser a good and 
lawlul title to the lands so purchased, notwithstan 'iig any 
irregularity in the county school conimi>sioner or the town- 
ship officers' jiroceedings in bringing said lands into market. 
§ 3. This act shall be in force from and after its pas- 
sage. 

Approved Feb. 10, 1857. 



land. 



ISoT. 236 

I* f»r\.-* Fei. 7, AN' ACT !o removo Ihoaoat of ju^tire of Wliitcpide conntv. 

Section I. Be it euacteil hi/ the peopfe of the. afate of 
I//in:titj repreacutrd in the (itncral ^Jssrrn'i/i/, Tliat an 

T»«ou>-7c.-'or oU'c'tion sli-ill be held in llir so\tM'al touiisliips (if tlio 

•i*i'"^».t:aTy coiinty of Whitcside, at the time of holding the m-ueral 

••^- election in Ni»vpmber next, in tlie yvM' ot Onr I-ord one 

thousand eitjht hundred and riftyseven, at whieh election 
thelps»al vo'eis ot'said cdiitity, (]ua!ificd to vote fo'' re))re- 
scntative? in the general assembly, shall votr for or against 
the removal of the seat of justice from Sterlin<3; to Morri- 
son, in sectiojj number (1^) eighteen, of townshi|) number 
(Jl ) twenty-one, of range number ("i) five in said county, 
and if it sliall be found that a majority of those voting on 
said (jiie'?tion at ?aid election, vote in favor of said re- 
movil, that the seat of justice is hereby declared to be lo- 

i.MaM«a catedatsaid section number ( 18) eighteen. Said election 

shall beheld i>i the manner jHovid(>d by law for the election 
of justices of the jieace, and all bi^llots ( as* at said election 
sha'l have on them, printed or written, the words, "for 
rfr-moval," or "against removal." Returns of said elec- 
tion shall be made to the clerk of tile county court, in the 
manner provided in the law for the election of justices of 
the peace: .Itul provididy that said removal shall not take 
pla!^e unless a good and sulHcient deed, conveying in fee 
simple, free from all incumbranc*', to the said county, a 
Certain tract of land, not less than three bundled feet 
square, to be selected as hereinafter provided, shall have 
been made, executed and delivered within a time to bo 
fixt'd by tlie eDmmisiioncrs lu'reinafter named, after they 
sh ill have selected a sitw for the county buildings, which 
Selection may be made at any time before or after liie said 
election, as to the said board of supervisors may seem best: 

pr^ w , Ifitl pru'idcd, the proprietors of the said town of Morri- 

son shall pay to the said county the sum of tiiree thousand 
dollars, to be applied towards jjayment for county build- 
ings. 

•«»r.rt<>f»»:»i. k J. When the returns of the (dcction shall have been 
made as aforesaid, it shall be the duly of the county clerk 
of saiil county to proceed to count the votes ca^t in the 
same manner as now provided by law in the election of 
repreoffitativfs ; an«l when so coun'ed, sliill make out two 
abilracff of the votes taken ;'.«: afnre'<airl, ruie of which 
he shall file in his office, a/id the either tihall be by him 
forwar<led to the <)(Fic<" (d' the secretary of •'late. 

"«••»••»•«■• § '.\. In ca'»e ifi« voter f)f ';;iid county shall desire 
to nontest the M,ji<l election, and shall, wit dn twenty days 
after th" ilat" of the s itne, file in the olHee of the eleik of 
■ aid county court a boud. with ^uincient .-JcfMirity, ("ondilion- 
cd lor the p^vuitti'. of all lo^is arising from his application) 



237 185T. 

Baiti bond to inide to said clerk, and by liira approved, 
and sliall, also, fik' with said clt-ik liis alTldavit tlitit lie bc- 
litvt? illf^rtl v( tes u'l'ie cast at said cltction, and that 
they were suiriciint in luimbcr to determine the result 
thereof, it shall bf lawlul Ibr him to contest the same by 
giving fifteen dnys' previous notice by publication in a 
newspaper priiitid in said county, for two successive 
weeks, siatini; thf mimes of all peisuns suspected of having 
given ilieg-il votrs, and the names of magistrates before 
whom, and the times an<l places when and where deposi- 
tions will be taken, when and where all persons iiiterestcd 
may attend, cross examine witnesses, and take the de- 
posiiions of rebutting witnesses. If the takingol such de- 
positions cannot be completed on the day first fixed, the 
taking of the same shall be coiitiiiued at the same place 
on each subsequent day, until completed. Said deposi- 
tions shall be sealed by said magistrates, and directed to 
said clerk, and to him delivered within ten days after the 
day fixed for the taking thereof; and the board of supervi- 
sors', at their first regular or special mL-eting thereafter, 
shall open and examine said depositions, and determine ''ift^J^MUcifr! ** 
wlj.tlier the result of said election would be changed by » 

the rejection of the illegal votes proved to have been given, 
from whose judgment an appral may be taken within five 
days thereafter by filing notice of such apj)eal in the o.iice 
of the county clerk of the c>unty court to the circuit court 
of said county, who shall hear and determine the same. 
Should the said board of supervisors or the said ciicuit 
court (in case of appeal) decide that said election was 
invalul, sail board or court so deciding shall designate a 
day upon which a new election shall be held, to be gov- 
erned in all respects by the provisions of this act. 

§ 4. The said board of suj)ervi.^ors are hereby ap- co£uniiwi<n»ert 

f>ointed commissioners to select the place for locating pub- 
ic buihlings, and in making such selection they shall not 
be restricted to tlic village plat, b<it may locate tiie same 
upon any part oi said section nu.nber (18) eighteen, and 
when they shall have made such selection, they shall cause 
an entry thereof to be made upon the record or minutes 
of the board. 

§ 6. That the court house and public offices for the Erecuon of p.*- 
use of said coufily shall be erected on said grounds. i:.- uuiiding*. 

§ G. That the county officers, whose duty it shall be to ncmvo o..tmtr 
keep their respective olllces at the county seat, shall re- '""'"• 
move their offices to the said new county seat whenever 
required so to do by the snid board of supervisors. 

§ 7. That all suits pending in the circuit court of said sn^pcndinj 
COM nty at the time of sur-h removal of the county offices, 
shall be prosecuted to finaljudgmeut and execution at the 
■aid new county seat. 



1857- £3S 

Act* rtpv-Mcvi. ^ S. That an act approvrd February IGtIi, A. D. 1847, 
entithul **Aii ai't ileclarinjjj tlie town ot Sterling the county 
Seat of Wliiteside coiinl}" for a time, and under tlie condi- 
tions therein mentioned, and all other acts and parts of 
arts coming in contlict with the provi.<ions of this act, be 

PtoTiio. and the same are hereby repealed: Fruvidcil, that until the 

said board of supervisors shall order t'le removal of the 
county olfices as hereinabove provided, the town of Ster- 
ling shall be and remain the county seat of said county. 

iBcasoof -cni3- ^ t) j„ Q^^p (in^ ^^.,^t f,!' jii<;tice of Said county shall be 
removed .rem Sterling and located as herein provided for,- 
then the supervisors ol said county are hereby authoiized 
and required to con\ey, by good and sutiicient conveyan- 
ces, the court house an'l block of land upon which the 
same is situated, and which is now used therewith ; and 
all other lands or to>wn lots heretofore donated to said 
county for ihe j)urpose of erecting said public buildings, 
and which is s ill owned and held by said county, to the 
parlies who originally convejod said proj)eity to said 
county, or to t le legal lepresentatives of said pa ties, in 
propojtion to the amount of donation made by them re- 
spectively, for the purpose of procuring said lands, and 
erectiiiii said couit house. 

^ 10. This act to be in force from and after its passage. 
Approved Feb. 7, 1857. 



iB/orr«Fp>. 13. AN A'T making appropriations for the pay nf tlio ofiicprs and incinbcra 
1457. ' of lliH ;"'neral assembly ami for ibe salary f<»r ilio oliiciMS of \Uv f;ov- 
rriiinf^it, t'roin llif ftirl <»f t!i" pro.-<o it 3''s,iioii until liie mljouriiuieiit of 
the ii'^xl regular session of Ihe jjcneral asaetnbiy. 

Section 1. Be it enacted hy the people of the state of 
///inoit, represcufed in the General •finsernbl}]^ That the 
AFprtp-i ,«io:..( followiiig appropriations be and the same are hereby made 
ter»*"Ic""""' to members and olFjcers of the next general assembly, and 
for the salaries of tiie olficeisof the government until the 
adjournment of the next regular session thereof : 
tpesk-r or •Mb 1st. To the sj)c;aker of the senate and house of rcpre- 
*^'^' scntatives, each the sum of three dollars per day for the 

first forty-two days' attendance, and two dollars per day 
for each day's attendance thereafter, 
w V ,- ,, 2d. To each member of the ; enatc and house of repre- 
bcriijt. sentativts, the sum ol' tvv^o dollars per day for the nrsl forty- 

two days' attendance, and one dollar per day for each Uay'a 
air<iidancc thereafter. 
u\\^i*. -'A. There, shall be allowed to each of the members of 

the general assembly, including the npeakers of both houses, 



289 l'^.'-,?. 

ten cents per mile for eacli necessary mile's travel in going 

to and rotiiriiing from tlie seat ol' gMveniiueut. 

4th. There shall be allowed to the secretary and assist- Stv-ptaryand**- 
f. 1 1 i I I 1 1 HlslHnt^■ of son- 

ant secretary oi the senate, and to the cIltk and assistant atr, ti-ik-t tn* 

clerks of the house of representatives, each the sum of **' ''*"^ '"'"»•• 

six dollars per day. 

;')th. To the serueant-at-arms and assistant sero[eant-at- S'^'-K'nt-at-arnn, 
arms ot the senate, and to the doorkeeper and assistant 
doorkeepers of the house of representatives, the sum of six 
dollars per day. 

Gth. To tlie enrolling and engrossinfr clerks of the sen- r^^roiiingande.- 
ate and house ol representatives, each the sum oi sjx dol- 
lars per day. 

7th. To the assistant enrolling and engrossing clerks of -*"i»'^"'»- 
the senate and house of representatives, each the sum of 
six dollars per day. 

8i!i. And the compensation hereby allowed to each of cr.mpc»saiio»» 
the officers and members of the general assembly shall be 
certified by the speakers of the respective houses and en- 
tered on the journals and pubhshid at the close of the ses- 
sion : Prot'/./t'rf, tiiat the compensation of ti;e speaker of i'rovis.. 
the senate shall be certified by the secretary thereof, and 
the compensalinn of the speaker of the house shall be cer- 
tified by the clerk of the iiouse, and entered on the jour- 
nals and published as aforesaid, which said certificate, when 
made and signed as aforesaid, shall be sufficient evidence 
to the auditor of each person's claim respectively, who 
shall issue his warrant on the treasury for the amount to 
whic!) each person shall be entitled, as aforesaid, to be paid 
out of any moneys not otherwise appropriated. 

§ '2. The following sums are hereby appropriated for sa'sT-iMof ,t»»« 
the salaries of the officers hereina ter mentioned, until the •'^'^•". 
adjourment ot the next regular session of the legislature, 
as aforesaid: 

1st. To the governor, at the rate of fifteen hundred dol- Governor, 
lars per annum. 

2d. To the auditor of public accounts, at the rate of one Acdiur. 
thousand dollars per annum, exclusive of clerk hire, and 
to the said auditor at the rate of twenty- eight hundred dol- 
lars per annum for cleik hire. 

3 I. To the state treasurer, at the rate of eight hundred Treasurer. 
dollars per annum, exclusive of clerk hire, and to said 
treasurer at the rate of six hundred dollars per annum for 
clerk iiire. 

4lh. To the secretary of state, at the rate of eight hnn- stcvrj of itu*. 
dred dollars per annum, exclusive of clerk hire, and to the 
said secretary of state at the rate of six hundred dollars 
per ann\nn fjr clerk hire. 

r)th. To each of the judges of the supreme court of the Judift ^r the •». 
state, at the rate of twelve hundred dollars per annum, pit ma court. 



Ju.ti.* j! c 


Jiii. .->. 


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Mn>rj*. 



01- . 



ill.. 


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ro- 


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It. 






rortcr 


of 


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ko«>e. 








iQlito: 


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WMTCJki 


.a. 







l^o.. 240 

» Otl!i. To each of the jutltrps of tlic circuit courts: of the 
statt', at the rate of om* thoMsand <lollars piM* anuiiin. 

"Ml. To each of tlie prosec itin[j[ attoriu'vs of the state, 
at the rate of five huudit'tl dollars per aniaun. 

8t!i. To the jiid<^rs of the Cook county court of oom- 

miin pleas and tlie court ot' comuiori pleas of the city of 

Cairo, each the sum of one thotisaud dollars per amiuin ; 

to the prosecuting attorney of the Coolc county court of 

. comuion pleas, the sum of two hundred and fifty dollars per 

am u»i' ; to the prosteutinj^ attorney of the eouit of com- 

ni)M pleas of the city of C.»iro, the sum of five humlred 

jodco of rcvr- didlars per Htuinni ; to the jud<:;e of the recorder's court of 

Oh: '^ " ' I jl^^, ^,jj^, ^j. Chicago, the sum of one thousand dollars per 

(,7 ro- annum ; to the prosecuting attorney of the recordei's court 

of the city Chicago, the sum of five hundred dollars per 

ano'im. 

*'(!i. To the superintendent of j)ublic institution, the sum 
t)f fifteen hundred dollars per annum. 

iL'th. To the porter of the state offices, at the rate of 
one dollar and fifty cenis ])er day. 

.\nd it shall be the duty of the auditor to issue lii'J war- 
rant on the treasurer for quarterly payments as is herein 
])rovided for. So much of any law or laws us may coi.llict 
with the provision^' of thi^ id is hereby repealed. 
• B. u>«ir. Tliat the sum of fi\e dollars be and is hereby appropriated 

to S. B. Moody, for cop\ ing one day for committee on 
swamp and «)vei flawed lands. 
BKtnciaiks. To the extra clerks employed at this session by the en- 

rolling and engrossing cleiksef the senate and house of 
re|>resentativ<'S, the sum of six dollars per day for the time 
'''^» emplo)ed,to be certified by the principal: Pruvidvd^ that 

no extra clerk hire shall be paid, except u[)on the certifi- 
cate of the chairman of committee of engiossed and en- 
rolb d bills. 
^Il^jVinscicrki i ''I* enrolling nnl engrossing clerks of the senate and 
liouse of represent.iliees and the as.^istants elected at thi.'i 
session, the sum of six dollars per day. 
o,»fit-;'ri «: : The <lontkeej»er of the hou^t; of representatives and as- 
tnt * sistant doorkerpt^r--', atid the sergeant-at-arms of the sen- 
ate and assi-.tant sergeant-at-arms, elected at this session, 
the stjm o( six dollars per day. 

The ."Jecretary of the senate and assistants, and the clerk 
of the house; of representativj s and assistants, elected at 
thin nessit)!!, the sum of six dollars per day. 
PMw- The pj'gesofthe senate and house of representatives, 

each, the sum of two <]<)llar.s per day for services at this 
session. 
f'*--- T The po^tmas'er of house of representatives for this seii- 

hutiXf tht- sum of six doIliir< jier day. 



241 1857. 

The porter in house of representatives at this session the p^rtor to booa* 
sum of live dollars per day. uvos 

To I. R. Diller, reader of the house, the s«im of six dol- i i<- itjuer. 
lars per day for the time employed at this session. 

Tlie /))'() tun. secretary and assistant of the senate, and ^1^° ""^\ «'"•- 
the pro tun. cleik and assistant, and other pro tiin. offi- <:'iiu andouitf 
cers ot the house ot representatives at this session the 
same compensation allowed the rtgular officers for the 
time served. 

The private secretary of the governor, six dollars per PrivnioB(>rrcta»T 

, , '. , i • logoveiuor. 

day duriiig the present session. 

Tiie clerk in the fund commissioner's office, one thousand cici k fund <»»- 

iiji.>6iuucr. 

dollars per annum, to be paid quarterly. Said clerk shall 
not be employed any longer than is necessary in the opin- 
ion of the governor. 

To the clergymen of the city of Sprin'^field, who have ciorpymcn t 
ciated as chaplains at the present session, the sum oi 
twenty-five dullars each, viz: the Reverends Mr. Hale, 
Mr Dodge, Mr. Pierson, Mr. Miner, Mr. Sears and Mr. 
Marvin. 

To each of the hank commissioners the sum of five dol- ^^.'"^ ocmmw- 

I 1 /• I • )i 11 1 6i»Deri. 

lars per day tor the time actually erajiloyed 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- 
count to the governor, and when approved by him to be 
paid out of the state treasury. 

Tliat the sum of ihree dollars per day be allowed to A. a. jFUmacrg. 
J. Flanders, assistant porter and fire maker during the 
session. 

So much of the act making appropriations for tfie pay of Act r«pcaied. 
the officers and members of the general assembly, and for 
the salary of the officers of the government, from the end 
of the present session until the adjournment of the next 
regular session of the general a-sembly, ai)piovtd February 
14th, 18')"), as conflicts with this act is hereby repeah d. 

This act to take effect and be in force from and after its 
pa.ssage. 

Approved Feb. 18,1857. 



AN ACT to provide for the onh'nxry . nd contii.;:eiit exi^nsea "f the cov- inrorc Teh. M, 
eriiiiieiit uiilil the acljournme:;t oi lUc next re^^ular sesaioii of lhej;ciieral **^^- 

asaembly. 

Section 1. Be it eiiactcdhi/ the people of the state of 
Illinois^ rrprc enled in tlie (rmcral *'i.sseni/>///f That the 
following sums be an 1 the same are hereby appropriated ■^^'^TIIiuITm** 
to meet the ordinary and contingent expenses of the gov- •^pcusm,. &•. 



t<eteUry'« cgk« 



1857. 242 

eminent until the adjournment of the next regular session 
of the general assembly of the state of Illinois. 

»«r 5iate co»- l^t. A suih uot txceetling ten thousand dollars as a 

•'*™'^' contingent fund to meet ihe contingent expenses of the 

state governn^cnt, and the si'id sum shall be subject to th** 
order of the governor for the purpose of dpfra}ing all such 
exj>enses as are unforeseen by the general assembly or are 
unprovided for by law, and a proper statement of which 
shall be laid before the next general assembly by the au- 
ditor in his biennial re]>oit. 

■x«CTj:Jre cfliic. "Jd. To tl't* executive department, for postage, candles, 
books, stationery, &.C., a sum not exceeding twelve hundred 
dollars. 

od. To the secretary of state's office, for furniture and 
repairs of office, postage, priiitii)<i;, stationery, books, lights, 
&c., and for repairs, binding, subscription to periodicals, 
&c , for state libiary, a sum not exceeding three thousand 
dollars. 

Far fuel. kc. 4th. The fucl and lights for the use of the legislature 

and state officers, stationery, printing paper and other ex- 
penses necessary in the discharge of the duties required 
of him as secretary of state by the laws now in force, a sum 
not exceeding fifteen thousand dollars. 

»oT icdMirs ,')th. To the secretary of state, the sum of two hundred 
****■ and fifty dollars, for making index to laws, journals and 

reports of the present general assembly. 

Ao.ii!»:'< •f" - ('ith. To die auditor's offi.ce, for furniture, repairs of 
^"' "" office, printing blanks, patents, &,c., for the office, for pos- 
tage, stationery, broks and candles, and for contingent 
expenses necessary in the di"'charge of the duties required 
ef him by law, a sum not exceeding hve thousand dol- 
lar^. 
iorer'KAm '> 7|},. To the office of the state treasurer, for books, fur- 
niture, postagr-, cnndles, stationery, &c., a sum not exceed- 
ing five hundred dollars. 

To each of the grand divisions of the supreme court, for 

v^eTr^'hl^^ ' postage, stationery, lights, fuel and furniture necessaiy for 

the use of .'^iid churls, a sum not exceeding two thousand 

dollars, t!ie accounts to be certified by the judge of the 

i»roper division. 

T" To the atiditor of nublic accounts, to pay expenses of 

L, ii.aking out the annual abstract of taxable lands lor the use 

" of the scvoral counties, tho sum of two cents per tract, and 

for tranoeribing the abstract^ received from the land offices 
into the tr«et hooks in his offirf>, the sum (jf two cents per 
tract ; hui] like compensation Kliall be allowed and paid to 
the late auditor for like exprnsos in ^ '^ r .>,•(•<? where he has 
not received pay under former law 

J c '.•.•.•o*^.. : Xo .J. C. Sturdcvant, the sum of cm- t 'indred and sixty 
dollars, for the amount paid by him to the statu for the 



tor fcruts:, 



for tr^ik>, furtii- 



••nrt 



243 1857. 

southeast qr. of the southwest qr. sec. 23, T. 27 N., R. 
13 W., erroneously sold him as state lands, and the auditor 
shall issue his w irrant therefor upon the surrender of the 
patent, which patent shall be canceled. 

To Thomas H. Campbell, the sum of fifty-six dollars, for Th.'s n. ca»r- 
balance due him on settlement with the governor for state ''*^"" 
ind»-btedne<!S rect i\ed by him as auditor in jursuance of 
law, arui the sum of ninety-three dollars and seventy- five 
cents, for outline maps, for the use of this session of the 
general assembly. 

To Isaac B. Curran, for stationery and other articles i.n. curran 
for the use of the legislature, as per account filed, three 
thousand six hundred and forty dollars and seventy-five 
cents. 

To Williams & Link, for varnishing and repairing fur- winiams&LiBii 
niture tor the use of the general assembly, ninety dollars. 

To Johnson & Bradford, for stationery furnished for use j.iinpon jiBtimj- 
of gtneral assembly, two hundred and eighty-three dollars '""^' 
and forty- Cwe cents. 

To C. Birchall, for stationery furnished for the use of o. Birchaji. 
the general assembly, one hundred and sixty- nine dollars 
and sixty-eight cents. 

To the postmaster at Springfield, for postage stamps. Postmaster. 
&.e., for bank commissioners, thirty- six dollars and seventy- 
three cents. 

To VV. B. Fondey, for carpet and other articles furnished ^ ^- f ""*cy- 
for the use of the general a? sembly, one hundred and eighty- 
one dollars and forty- six cents. 

To J Hough, for tables, &c., fifty dollars and twenty- J- nougu. 
five cents. 

To James A. Barret, quarter master general, for amount Jamea a. Barret. 
paid by him for seivices of military store keepers in taking 
care of the state arms, conveying state arms to new arsenal, 
transjjortation of state arms, &c., eleven hundred dollars 
and forty- seven cents. 

'J'o D. B. Cooke & Co., for seventy- five copies Purple's d. d. cook« <i 
Revised Statutes, seven hundred and fifty dollars. 

To D. B. Cooke & Co., for twenty-five copies Purple's d. b. cook* h 
Revised Statutes, two hundred and fifty dollars. ' '■ 

To A. Starne, late sec'ty of state, for deficiency of ap- a. sume. 

f)ropriation for clerk hire, for the years 1855 andl85t), two 
lundred djilars. 

To A. J. Hig!)ce, one hundred dollars, for indexing and -^ J n,;boe. 
making marginal notes to the laws of 1855. 

To W. A. J. Sparks, for balance due him as assistant w. .i. j.sparu. 
clerk of the liouse of rep., session 1853, thirty-six dol- 
lars. 

To N. W. Edwards, late superintendent of public in- f» ^ 5<iw»r<ta. 
struction, the sum of one thousand dollars, for traveling and 
other contingent expenses incurred by him during his term 
of office. 



185" 



2U 



W*lkor. 



JohnscD <t Brad 
ronl. 



J«ha Mocre. 



■ . D«7le & Co. 



1. B. 

Bro. 



rcise fc 



K. DoT)e& Co. 



t. J. Dcnms. 



To Lanphier & Walker, for one thousand copies of re- 
ports ot bank coiuiuissiouers, eighty dollars and ninety- five 
cent5. 

To Johnson & Bradfor<l, for folding and stitching bank 
commissioners' reports, ten dollars and twenty-five cents. 
To John Moore, for spiirious coin and auditor's warrants 
received by him as state treasurer, one hundred and sixty- 
seven ioilars. 

To M. Doyle &> Co., for amount paid for work done on 
{Troutuls around the governor's house, eleven hundred and 
thirty- rtve dollars. 

To E. B. Pease &. Bro., for furniture, ^c, furnished for 

governor's house, eighty-four dollars and ninety-live cents. 

■. B. reuse & To E. B. Pease ik, Bro., for articles furnished for the 

'■'' use of the gen'l assembly, eigiiteen dollars and fifty cents. 

Douman k. Gra- To Dolluian & Graham, two hundred dollars, lor bal- 

**™' ance of their contract for building stairs in governor's 

house. 

To M Doyle & Co., for slirubbery furnished for grounds 
around the governor's house, fourteen hundred and seventy* 
six dollars. 

To T. J. Denni.^, for making fence, building wood-house, 
&c., on the governor's house lot, twenty-five hundred and 
twenty -three dollars and sixty-nine cents. 

To Alexander Starne, lor expenses in going to Boston 
to j)urcliase books for slate library, fifty dollars. 

To Win. Helinle, for work on governor's house, one 
hundred and fourteen dollars and seventy cents. 

To Dennis 6c Beam, for work in and about the governor's 
house, one hundred and fifteen dollars and eighty- five 
cents. 

To D. Wickershain, for balance due him on contract for 
plastering governor's house, one hundred and thirty-seven 
dollars and eleven cents. 

To F. Letz, for iron railing on steps of governor's house, 
two hundred and seventy-five dollars and twenty-five 
cents. 

To John Moore, for expenses in going to New York to 
pay interest four instalments, three hundred and «ighty-five 
dollars. 

To John Moore, for amount over paid on purchase of 
state indebtedness, tiiirty- seven dollars and eighty-seven 
cents. 
I To Armstrong & Connelly, for repairs of furniture, &c., 
during the present session, eighty- five dollars. 

To M. U. Owen, lor amount j)aid for work done, look- 
ing-glas.'', tin cup.s, &c., twenty-one dollars and twenty- 
five c -nts. 

To Richard Baily, for work done in hall house rep's, six 
doll IS. 



khdL 



D. Wickcrsbam. 



iAn Moor*. 



Jofca M'lo.-tt. 



AmftTrmg 

Ovuuellr. 



t Balt7. 



tor 

ewf- 



245 :s57. 

To Nashers Hay, for same, six dollars. v. Hay. 

To Timothy Caiiglilin, fur same, six dollars. t. caughUn. 

To Edward Eagan, tor same, six dollars. e. EagaD. 

To C. Hopkins, for same, six dollars. o. Hopkins. 

To Joliii Malvedy, for same, six dollars. johnMaivedj. 

To Ames Flanders, for same, six dollars. a. Fianders. 

To J. T. Whitiiifr, for Same, six dollars. J t. whiting. 
To the office of tlie secretary of state, a sum not exceed- secretary's onto* 

... 1 1 II r J c • I- ■ ^- fur defloieuoy. 

ing ten thousand dollars, for deficiency oi appropriations 
for printing paper now contracted for. 

To the executive, for fuel, repairs, gardner, &c.,not ex- Executive, ga»A* 
ceeding twenty-five hundred dollars, to be paid on the '' 
order of the governor. 

The amount necessary to pay for the newspapers ordered ^''^°';j*i."" „ 
for the members of this general assembly, sliall be certified papers tor gw 
by the secretary of the senate and clerk of the house of ^"^ '""'®'" ^• 
representatives, respectively, and approved by the gov- 
ernor and paid out of any money in the treasury not other- 
wise appropriated. 

To the office of the superintendent of public instruction, sur^rintcn.icM 

-...,• , •. 'of public 1»- 

for printing circulars, postage and stationery, a sum riot siruciion, t»r 
exceeding five hundred dollars. '"^"' ""' 

To the city of Alton, for balance due for removing earth ^ocity of Aito». 
from the west side of the penitentiary, eight hundred and 
forty-six dollars and fifieen cents. 

To the filerk of the executive department during the 
present session of the legislature, the sum of six dollars per 
day. 

To each member of the joint committee of tiie senate and J"'"' commiite* 

. .*'.., . ;o vi.-upenitc*' 

house of representatives to visit the state penitentiary, nuyuD.i public 

. i r J 1 iii.siiiutions at 

twenty- five dollars. Jacksonville. 

To each member of the joint committee of the senate 
and house of representatives to visit tiie state institutions 
at Jacksonville, the sura of fifteen dollars. 

The governor will order the payment of the postage ac- 
counts tor this session of the general assembly, which shall 
be paid on the warrant of the auditor. 

There slitill be paid to the publishers of the State Puwi^'iere Sto» 
Register and Illinois Journal, each the sum of one hun- iiifnois jonmw 
dred dollars, for publishing the public laws of this session 
of the general assembly. 

To J. Eck, for services as mail messenger, the sura of-^-^'^^- 
one dollar and fifty cents per day. 

The sum of four thousand five hundred dollars, or so much Ki« roof of »!»»• 
thereof as may be necessary to fix the roof of the state "'^** 
house, is hereby aj)propriated, the work to be done under 
the superintendence of the secretary of state, auditor and 
treasurer. 

The sum of fifteen hundred dollars is hereby appropri- t» nmau rvn-mi 
ated to finish such rooms in the basement of the state capitol 
as may be suitable for committee rooms, and flagging the 



18r)7. 246 

pasj^ages, or so much thereof as may be necessar)', to be 
expended under the direction of the secretary of state, 
auditor and treasurer 

Ho«F>ts! ( r it.9 To the Illinois state liospital for the insane, the sura of 
***"'' thirtj-six thousand dollars per ani um. 

fcwviiniunofthe To tlie institution for the education of the blind, the sum 
"'"^ of fourteen thousand dollars per annum, and to the institu- 

ia»uiutiorcfthe tioH for the education of the deat and dumb, the suui of 

*^ "°> • twenty two thousand five hundred dollars per annum, to 

defray tlie ordinary expenses of said institutu>ns and to be 

paid in like manner as is j)rovided for in the act making 

aj>propriations for the years ISao and lSr)G. 

» #. w&:£03cr. T(i D. J. Wtggoner, the sum of twenty dollars and 
twenty-five cents, for extra expenses in apprehending a 
convict. 

»«r«in&Pkkof To Dorwiu & Dickey, the sum of eleven dollars and five 
cents, for materials furnished and work done on the gov- 
ernor's house. 

J A. M.»:!eK.n. To J. A. MattesoH, fir furniture, &c., for governor's 
house, three thousand fifty- two dollars and sixty -four ceiits. 

i A M»:;ei«n. Xo J. A. Mattesou, for sundry bills of work done, and 
material furnished in the completion of the goverrjor's 
hotise, eleven hundred sixty-four dollars and seventy-eight 
cents. 

J B«nn. Xo J. Bunn, for materials furnished for governor's house, 

thirty-seven dollars and sixty cents. 

I n re^ k To E. B. Pease & Brother, for material furnished gov»" 
ernor's house, two hundred ninety-five dollars and sixty- 
two cents. 

wiw.a i nEtr.c» To Wilson & Hughes, for furniture for governor's house, 
four hundred and thirty- four dollars and seventy- two cents. 

* u T.r..ty To S. M. Tinsley, for lumber ftirnislitd for goveinor's 

house, five hundred nine dollars and fii'tysix cents. 

'• c«aaingh»r-, '^'q John Cunningham, for balance due him lor painting 
and glazing governor's house, seven iiundred twenty dol- 
lars and filty cents. 

w«M&Li a? To Wise ik, Lindsay, for bricks and work done in and 
about the governor's house, two hundred and ninety-seven 
dollars and ninety-tiiree cents. 

' '**'*'•• To .Joel Johnson, for rent of four rooms, lights, &,c., for 

use of committefs, one hundred and fifty dollars. 

■ H M»:i,«r7. 'I'o C. M. Matheny, for rent of one room for use of com- 
mitter, forty dollars. 

i noichir;/^,B Xo J. liiilcliinson, for coffin, box, &c., for J. C. Orth, 

dec'd, sixty- fiv(! dollars. 

I m wh.:.T.t. To Hon. .J. \l. Whiting, for expenses in conveying the 

remains of J. C. Orlh, to his family in Wabash county, 
forty- sevt-n dollars and ten n.-nts. 

r. o. f rtiv.r Xo Hon. F. 1). Preston, for expenses in conveying the 

remains of J. C. Ortli, to his family, nineteen dollars and 
ninety cents. 



247 1857. 

• 

To W. Farnswortii, for taking care of J. C. Orth, during w. Famsworih. 
his la'st illness, fifty dollars. 

To eacli member of the committee conveying the remains 
of J. C Orth, twenty five didlars. 

To D.J. WatTirjiier, serjeant-at-arms of the senate, d. j. wuggooer. 
three dollars, atnoimt paid for cleaning spittoons for the 
senate chamber the present session. 

To Wdliaiu H\de, the siun of seventy-five dollars, for wm. nyde. 
twenty five days' service as clerk of the committee on 
banks and corporations at the j)resent se- sion. 

To the deaf ana dumb, se\en hundred dollars, for repairs oat and domk 

1 . . • 1 • To-o ius.tjtuti«u. 

and improvements, to )e paid m Ihoo. 

There shall be appropriated for the purpose of furnish- Fumishinif ban. 
ing the hall of the house of representatives, the sum of 
eight hundred dollars ; said sum to be expended under the 
direction of the secretary of st;<te. 

To each of the in»^pectors of the penitentiary, at the rate lufpctar'? n^iu- 
of one dollar and fifty cents per day : Pruvidtd^ that the pV«vV«o.^ 
same shall not exceed to each, the sum of one hundred 
dollars per annum. 

To Bailhiiche <Sc Bdker, for printing one thousand cof)ies Baiihacho & Ba- 
argument of N. W. Edwards, on canal claims, tiiirty-nine ''*''' 
dollars and fifty cents. 

To Geo. A. Clifford, the sum of three hundred and Geo. Acuabrd, 
twenty-five doIlar."5, for furnishing one thousand copies of 
the lij^t of members and officers ot the 2()th general assem- 
bly of Illinois, for the use of the house and senate. 

I ^To Calvin L. Eastman, the contestant for the seat in this cuvm l. Eaot- 
house occupied by Martin Shallenberger, the same per diem 
and mileage allowed to said Shallenberger. 

To the American Exchange Bank, at New York city, American 8*- 

.. f. .1 II 11 r \\ c ^\ c chuiifie Bank. 

the sum or two thousand dollars, in lull tor the services ot 
gaid institution in countersigning certificates of stock of 
the state of Illinois, and in the general superintendence of 
the agen»y of said state to January first, A. D. 1857. 

To J- H Dunham, the sum of seventeen dollars, for fur- J n. uouham. 
nishing the house and senate at the present session of the 
general assembly with two hundred copies of the bank 
bill. 

A sura not exceeding one thousand dollars for refurnish- ror refurni«hinf 

, I L • • \ • c \ ecnato chamber . 

mg the senate chamber in pursuance ol a resolution oi the 
senrite adopted Feb. 17, 18ri7. 

To Gustavus Koerner, the sum of two hundred dollars, o. Koorner. 
for preparing during vacation a new set of rules for the 
senate under a resolution of the senate passed at the ses- 
sion of 18.')."); five h indred dollars for payment of postage For disinbntiMi 
for distribution of school laws, &c. o sc uo 

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

Approved Feb. 18, 18o7. 



1S5T 248 

hi ttr^« et> IS, AN ACT to incorrorate Rock Island school district. 

1847. 

Section 1. lie ii euacttd by the people oj the state oj 
lUinoix^ represented in the iitiierat *Jssem''/t/i Tliat all 

Mtooidistrict. of Jraotional township nuinher t'i^hteen nortli, of range 
number two wt st of the 4t!j P. M., is hereby constituted a 
school district, to be known as Rock Island school district. 

•vi" 1-; T«.:- ^ 'J. The government of said <listrict for school pnr- 

!c-^...a. * poses shall be ve>ted in a board of five persons, to be styled 
the board of education of Rock Island school district, and 
to be elected, qualitied and orgini/.ed as hereinafter pro- 
vided. 

n*.^v^J.-^< ^ :;. There shall be elected by the qualified voters of 

said district, on tlie first Tuesday of Aj>ril next, five persons, 
who shall constitute snid hoard, and hold their office for two 
years and until their successors shall be elected and quali- 
fied; except that at their first ineetingnfter said « lection they 

Tv4«AMc« shall be divided by lot into two classes : two of them to be 
of the first class and three of the second class, and the 
seats of the first class shall be vacated at ihe expiration of 
one year, when there shall be an election of two members 
of the board, of the first class; and therealter on the first 
Tuesday of April, annually, there shall be an election of 
said classes alternately. The meetings for said elections 

%nor tn iBvc shall be notified by the mayor of the city of Rock Island, 
wuat wf m-e:- ^^ giving at least ten days' notice of the time and place, 
or places of said elections, by publishing a notice thereof 
in one or mi^re of the newspapers of said city ; and 
the poll books shall be opened and kept, the votes canvassed 
and returns made, and all other proceedings had in the 
same ma.,ner as in elections of mayor and aldermen in 

Pftn«>~ the city of Rock Island : /Vo/vVAv/, that it shall not be ne- 

cessary to open the p lis at more than one place, tmless 
the mayor sliall deem it expedient to oj)cii them in each 
ward of said city. In case of a tie in any election, the 
same shall be decided by lot, by the judges of election, on 
the day of election. If between the times of the annual 
elections any vacancy shall occur in said board by death, 
resignation or removal fmm the limits of said district, the 
remaining members shall fill the vacancy by apj)ointment; 
and the person so a[)pointcd shall hold the office until the 
next annual election, and until his successor shall be elected 
and qualifif d. The members of said boaid shall sev<rally 
take an oath to discharge the duties of tht-ir office to tlio 
he.^t of thi ir knowledge and ability. 

^^, § 1. The said board of education shall be a body cor- 

porate and politic, by the name and style of the ho .rd of 
cduration of Riek I.'iland school district, and may have a 
common seal, and change the f<ame at pleasure; and as 
• such may ontract and be contracted with, sue and be 



f»fe«»v«r« 



240 1^57. 

sued, plead and be impleaded in and before any tribunal 
having ccMnpetenl jurisdiction. 

§ 5. It shall he the duty of said board to hold quarter- ";;!'',„„;','"'*'*'^ 
•ly sessions on the second Tut sdny of April, July, October 
and January, of each year; and they may meet hy adjourn- 
ment at such other times as they may think proper, and 
the president of the hoard, or any two members thereof, 
may call a S|)eoial meeting of the board, hy giving a ver- special niceiin»* 
bal notice of the time and jjlace and object thereof, or 
lea\ing a written notice thereof at the reside.ices of all 
the other members of the board; and at all the meetings a 
majority of the board shall be a quorum to transact busi- 
ness. Said board shall organize by appointing one of their 
number president ; they shall also elect a clej k, who may be ^rpoim .fflt^M 
a member of the board, and treasurer, who shall not be a 
member of the board, who shall hold their respective offi- 
ces during the plea^Jure of the board, and until their suc- 
cessors shall be elected and qualified ; it shall be the duty 
of the president, when present, to preside at all meetings 
of the board ; and it shall be the duty of the clerk to be 
present at said meetings, and to record in a book, to be 
provided for that purpose, all the otTicial proceedings of 
said board, which record shall be public and open to the 
inspection of any person interested; and all said proceed- procpedingn t* 
ings, when recorded, shall oe signed by the j)resident and prcioiui, kc 
clerk, and a eoj)y thereof, certified by the clerk, shall be 
prima facie evidence of such proceedings, in courts and 
other places. If the president or cleik be absent the board 
Diay aj)point a president or clerk, /;ro tmi. The treasurer Trra'nirprtcfhft 
shall execute to said board an official bond, with good and ^""'^^ 
sufficient securities, such bond to be approved by the board, 
in such sums as the board shall determine, but to be, as 
nearly as can be ascertained, in double the amount of all 
moneys that will at one time be in his hands, and con- 
ditioned for the performances of his duties as treasurer, and 
especially faithfully to keep and from time to time pay paymnnp,oD<x-- 
over all moneys, that he shall receive as such treasurer, 'icr ''f i"'*"* 
as he shall be directed by order of the board or required 
by law to do; he shall keep a true and accurate record, 
in |»roper hooks for that purpose, of all moneys received 
and paid out by him, for what purpose and upon what and 
whose account; bnt he shall pay out no money except up- 
on order uf the board; for all nion*^ys paid out he shall 
take and file, with the papers ot his office, ]iroper vouch- 
ers, and he shall settle his accounts with the hoard at Iea3t 
once in each year, and oltener it the hoard should so require. 

§ (.5. No member of the board shall receive any com- Uombcn «• «•- 
pensafion for his attendance at the meetings of the hoard, pci-»auo» * 
nor for the performance of its ordinary duties, hut for ex- 
traordinary services reasonable compensation may be al- 



ISoT. 250 

lowed, the board to determine what are extraordinary ser- 
vices, and the compensation therelor. The secretary and 
treasurer shall receive such compensation as the board 
shall prescribe. 
TTMMmrvT 10 re- ^ 7. The treasuTcr shall, niuler the direction of the 
«uTd«i »v vv jjjj^pj^ demand and receive of the officer or officers having 
the custody thereof, any interest or other money from any 
school fund or any other source, to which the Rock Island 
schiol district, or any part thereof, or the schools or the 
teachers tlierein would be entitled if this act had not 
been passed; arul the money so received from such funds/ 
or sources, shall be placed in the treasury, to be used and 
expended, under the order and direction of the hoard, for 
the suj>port of schools and for sciool purposes, in the same 
manner as other funds that shall come into the treasury by 
taxation or otherwise. 
ic^i lu.- ^ 8. Said board of education shall be the legal suc- 
cessors of the trustees of schools in said township eigh- 
teen north, of range two west of the 4th P. iM., and 
shall have tlie entire and exclusive c >ntrol of all school 
funds of said Rock Island school district, or any part there- 
of, whether c msisting of the portion of the school, collt»ge, 
semiiary or township funds belonging and to belong to 
said district, or any part thereof, or derived from taxation, 
loins t»r otherwise, to be used by them, as provided in this 
9i»eiin, act, anil they may receive any gift, grant, donation, devise, 
betjUHst or legacy, made for the use of any school or ■schools, 
or liorary, or other school purposes, within their jurisdic- 
tion ; and they shall be and are here')y invested, in their 
corporate ca[»acity, with the title, care and custody of all 
lands, lots, seJiool houses, school libraries, apparatus and 
other property br^longing or aj)pertainiiig to the common 
sell lols of the district, or any of them, or which may be 
within their jurisdiction, with full power to contnd the 
same in such m inner as they may think will promote the 
interests of schools or the cause of e<lucation, and not in- 
consistent with the provision'' of this act; and when, in 
their o[)iiiion, it may be for the inter<'st of said district to 
sell any lot or tract of land or huilding, belonging to said 
p^<r %» f\\ district, or any part thereof, said board may sell and con- 
iit*j property. ^,^y ji^^ same in the name of the board, and such convey- 
ance, as well as all other conveyances, contrac's and as- 
signm'-nH of the board, shall be execute(l-l)y the [)re.pi(lent 
and clerk of the board of e.liication of Rock Island school 
district, and the moneys of all sales and assignments shall 
be p. -id to the treasurrr of the board for the benefit of 
schooU ; and all conveyances of real and personal estate 
and H<«'<igfiinent-« of ehoses in action which may be made to 
sai<l boarfl, tliall be made to said board in its corporate 
name ; and said board may purchase and hold nucIi real 



■RT 



251 1857, 

estate and personal property as may be necessary for the ^'p'^y ''"''^ ****■ 
establi I mcjit and support of schools, and such real estate 
as in^y U*' purchas't'd under any sale U|)()n execution or de- 
cree, in favor of said boaid, or in satisfaction of any debt 
due the said board, and at any time thereafter may sell 
and convey the same. 

§ y. For the purpose of erecting school houses, p»ir- M»y borrow »•- 
chasing school hf)use sites or repairing or improving the 
same, or purchasing libraries or apparatus, it shall be law- 
ful for said board to borrow money at a late of interest not 
exceeding ten per cent per annum and issue bonds there- 
for, in sums of n(;t less than one hundred dollais, which bonds 
shall be executed by the president and clerk of said board, 
in the name of the board : PrDvidtd^ that the bonds issued 
by said board, and outstaruling, shall not at any time ex- 
ceed one per centum of the assessed value of the real and 
personal j)roperty <»t said district. 

§ 10. Said board may also, : t any time when they may ^or KtwA va*- 
deem it necessary, borrow any sum or sums of money for 
a time not exceeding one year, and at a rate of interest not 
exceeding ten j)er cent, per annum, to be expended for gen- 
eral school purposes: PruviiUil., that the total amount of 
moneys so borrowed and unpaid, shall not at any time ex- 
ceed one-half of one per centum of the assessed value of 
the real and peisoal property of said district; and for the 
payment of. he moneys so borrcwfd the jDoceeds ol the 
taxes first paid into t le treasury thereafter, and not specially 
appropriated by law, are hereby specifically pledged and 
shall be applied in pa\ merit of the sums so borrowed in 
preference to any other debts. 

§ 11. \i any judgment shall be obtained against said judgnwmn. 
board the party entitled to the benefit of such judgment 
may have execution therefor as follows, to-wit : It shall 
be lawful for the court in which such judgment shall be 
obtained, or to which such judgment shall be removed by 
transcript or appeal from a justice of the peace or other 
court, to issue ttience a writ commanding the board of ed- 
ucation and treasurer of said district to cause the amount 
thereof, with ten per cent, interest and costs, to be paid to 
the party entitled to the benefit of said judgment out of any 
moneys, unappropriated, of said district ; and if tl ere be 
no such moneys, out of the first money*; that shall be re- 
ceived for the use of said district, and to enforce obedi- 
ence to su di writ by attachment, or by inavdamus^ re- 
quiring said board to levy a tax Jor the payment of said 
judgment; and all legal process, as well as writs to enforce 
payment of a judgment, shall be served either on the |»resi- 
dent or cleik of said board. 

§ VI. Said boaid shall, on or before the first day of Tax»uo». 
August in each >ear, cause to be raised by taxation, for 

( 



ISoT. - 252 

school purposes, including the payment of any dchts due, 
or duriitg die ensuing your to bioome due from said dis- 
trict, such an amount as they <:liall estimate will, tojietlier 
with the available means accruing friun other sources, be 
required for school purposes in said district, for the ensu- 
ing year, and shall determine, as nearly as practicable, 

KaMpOTccoi. what rate per cent., not to exceed one per cent., unless 
the debts to be paid require it, on all the taxable property 
in said district, must hi- lr\ ietl to rai>:e the amount so esti- 
mated, and shall make an order therefor; and the clerk 
shall enter the same upon the reconls of the board. It 

««kioma«^m ^''^'l' he the duty of the clerk of said board to make out a 
•^cejf^ixf certified copy of said order sigiunl by the president of the 
board an 1 attested by the clerk, and within ten days from 
the passage of said order, present the same to the clerk of 
the board ot' supervisors of Rock Island county. The tax so 
levied by the said board of education shall be assessed and 
collected in the same manner and at the same time and by 
the same officers t!iat state taxes are assessed and col- 
lected within the limits of said district, and the j)roceeds 
paid to the treasurer of said board of education, after de- 
ducting therefrom one-half the per centage allowed for as- 
sessing and collecting state taxes. 

^^ § 1:5. The said boaid of education shall transact all 

idSlI^'e*" business which may be necessary in relation to common 
schools in said district. 

FirsL — Tiiey shall establish a sufficient number of com- 
mon sehools for the education of every person residing in 
said district, over the age of five years and under th»' age 
of twenty years, and shall make the necessary provisions 
for continuing said schools in operation at l«>ast eit^ht 
months in every year, except the first year after the organ- 
ization under ttiis act. 

Srnmil. — They shall cause suitable lots of ground to be 
*»n*ba!^ procured, and suitable buildings to be erected, purchased 
or rented for school h >uses, an<l shall supply the same with 
fuel, furniture and apparatus, and may cau^; said build- 
ings and other property to be insured, and shall make all 
other provisions, relative to schools, which they may deem 
proper. 

Third. — They shall exercise general supervision over 
the common schools of the district, and shidi, by one 
or more of their number, or by tlieir agent or agents, visit 
each one of said common scliools, at hast once a month, 
while they aro in operation. 

Fnurtk. — Th^'y shall appoint all the teachers of said 
common .«icho'»l»; establish rules respecting their quiditica- 
tion<i, and how the same shall be deieriniued ; ^\)(. the 
amount of the salary or compensation of each teacher, and 
may dismiss any teacher at any time. 



Fr«eqr« 



253 1&57. 

piflli. — They may direct what branches of learning shall 
be taught, and what books shall he used in each school. 

Sixth. — Thev shall have powi-r to establish schools of s'l^oiBor.diww- 
ditFerent grades, and the rii!es and regulations for the ad- 
mission of j)U[)il3 into the same, ha\iiig regard to the qual- 
ifications ot the j)U|)iIs; and they may suspend or expel 
from the schools any puj)il found guilty, on a lull exami- 
nation and hearing, of relractory or incorrigibly bad cou- 
duct. 

Set'cnfli. — They may lay off and divide said hock Island Local dirtri«»». 
school district into local districts, and from time to time 
alter the same or create new ones as circumstances may 
require. 

Eiishlli. — They may appoint a board of three persons in May appomi • 
eacii local district, to be denominated district directors; a,,tac*. 
and presciibe by established rules and regulations the 
powers and duties of such directors, and remove them at 
their pleasure. 

A'cnl/i. — They may appoint such other officers, commit- omcer*. 
tees or agents as they siiall deem best and most conducive 
to the well being of the schools and of school education 
in said Rock Island school district. 

Ttiifh. — And generally they shall have and possess all 
the rights, powers and authority necessary for the proper ^ 

management of the schools and the school funds, with tlie 
power to make all such rules, oiders and ordinances as 
ihey may deem necessary to carry their powers and duties 
into effect, and perfect a good system of public instruc- 
tions and common schools in said district. 

S 14. The several teachers of said public schools shall TearhprsuuM* 

1 111 r ii -1 . !• .1 1 1 • tehecJulM. 

keep schedules oi the pupils attending the sciiools, as is now 
required or may hereafter be required of teachers of schools 
by law; and the said board of educati(»n shall make return 
and report to the state superintendent of public schools or 
other proper officer, on all such matters and things as are 
or shall be required by law, and the directi n of such su- 
perintendent or otiier proper officer, of any county or town- 
ship officers; and shall make such other reports as per- 
sons having the control of public shools are or may be 
required to make by virtue of any law of this state. 

§ 15. Said board shall, at the end of each year of their p,.,,j i^ ^^ 
term of office, cause to be prepared and published in one "i*'^' 
or niore of the newspapers published in the city ol Rock 
Islarid, a statement exhibiting the condition of schools for 
the preceding year, whicli statement shall be substantial- 
ly as follows, viz : 

1st. Tlie whole number of schools which iiave been s;a:cm«i». 
taught in said year. 

lid. What number of teachers have been i m;)Ioyed in 
each school, stating the name of each teacher, the time 
employed and the compensation paid. 



lvV»7. 2&4 



od. The whole number of scholars in all the schools, 
gi\ ing tl e number of males and ft-m ilcs, in each school, 
separately, and the average number in attendance. 

4d>. The amount of all the lunds received into the treas- 
ury during the year, and the sources from whence it was 
received, stating the amount received from each source. 
")th. The amount paid out, stating in every case for 
what and to whom paul. 

i»th. Tlje amount and kind oi' unexpended funds on hand 
at the end of the year. 

7th. A statcmeut of the total amount received and the 
total amount paid out for school purposes during the year, 
••rriiory incioj- § 1^- -^'1 of the territory which at the time of the pas- 
iffv m''*'*"^^ sage of this act, or at any time hereafter, may be embraced 
in the corporate limits of the city of Rock Island, shall be 
included and constitute a part of Rock Island school dis- 
trict; arui any tract or tracts of land adjoining said districts 
may be annexed to it, on condition that three- fourths of 
tie. legal voters residing within the limits of such tract or 
tracts shall j)etition the board of education to be annexed 
to said district, and that their ])etition shall be granted by 
the unanimous vote of all the members of said board; when- 
»•Tr.^»■7 annex- cver 3ny territory shall be so annexed to and become a part 
•* of said district, all the provisions of this act shall be appli- 

cable to it in the same manner as they would have been if 
it had been embraced within the district at the time of the 
passage of this act. 
^•••Jir for fill- § 17. For any neglect or failure by the said board of 
4«u«. ^*''"™ education, or of any member thereof, to Inlfilthe duties re- 
quired of or imp.»si(l uj)on them by any of the provi-^ions 
of this act, they shall be liable to a penalty of fifty dollars, 
to be recovered in an action of debt, a< the suit of any per- 
son wlio may complain ; and any member of said board who 
shall appr)priate U\ his own use any of the funds that may 
come to his hand-? or under his cofitroj, belonging to said 
district, for school purposes, sh/ill be d- emed guilty of a 
misdemeanor, a/id upon conviction tlureof shall be fined in 
ariy sum not exceeding five hundred dollars, and impris- 
oned in the county j;<il, not excee<iing one year. 
ffwfci'.r »', »;viy Q IS. The jirovisions of the last preceding section 
shall be held to apply to the chrk, treasurer or any other 
officer or agent elected or appointed in pursuance of thii 
act. 



MfU r«t«»l--1 



§ V.K All prior acts or ])arts of acts inconsiste.nt with 
the provisions of this act arc hereby repealed; and any act 
of tlie g»i»« r.illy assem^dy now in force, or lieieaftM* en- 
acted, «!iall not be construed in any manner to repeal, 
alter or change any of the provi'<ions of this act, unless such 
get shall specifically provide for such repeal, alteration or 
change. 



255 185' 

§ 20. Tills act is declaitd to I e a piibliclaw, ami shall 
take tfTect ami bt- in loicf llom and alter its patisage. 
Approvkd Feb. 18, 1857. 



AN ACTto provide for reclaiming certain ovprllowpd l.indn in the counties in fi.rce F»"i . »«. 
of Adams, Pike and Calhoun, in the state of Illinois. iHfi'' 

Section 1. Be it enactcl by the people of the state of 
lUiuois^rej)7'esented 111 the General ^^Jssirab/y., Tliat vSamuel 
Leonard, liis associates and assigns, are hereby antboiized samiici teoMrtf 
and empowered to construct a levee from a point near the ^nJirucu !«▼•• 
town ot Millville, in the county of Adams, along and down 
tlie bank of the Mississippi river, into Calhoun county ; 
said levee to be consliucted as near the bank of said river 
as may be practit-able ; and whii.h K'\ee shall besuHicient 
in height, strength and durability to effectually prottct all 
lands between said levee and the blutis on the eastern side 
thereof from inundation or overflow by reason of high 
water from the Mississippi river, its sloughs or tributaries, 
similar to the great Hood of 1851. 

S 2. Said Leonard, his associates and assignes, shall Tn crmmenM 
commence the con<;truction or said Jevee withm one year wiii,inciicy«^ 
after the passage ol this act, and comjdete the same within 
five years thereafter, and shall keep said levee in good re- 
pairs for the term of fifty years after the completion of the 
same ; and in case of failure to comply with the provisions 
of this section, all rights and privileges hereinafter granted 
shall be forfeited. 

§ :'). Said Leonard, his associates and assigns, arc here- Aniiioru^d *• 
by authorized and empowered to enter upon, take ahd use l'^ll\^i^, "^ 
all such lands al ingtlie line of said levee as may be neces- 
sary in constructing said levee, not exceeding in width one 
hundred feet where said levee is of the height of eight feet 
or under, and where said levee shall be more than eight 
feet in height, then and in that case it slial! be lawful for 
said Leonard, his associates or assigns, to extend tli»- width 
of said land so taken by them to one hundred and fifty 
feet. 

^ 4. The said Leonard, his associates or assigns, for v^'mfT of »•- 
the purpose of acquiring the land necessary in the con- i""""""*' 
struction of said levee, are hereby authorized to acquire 
the same in the manner and under the provisions of chap- 
ter '.'2 of the Revised Statutes, approved March :id, 1845, 
and of an act entitled "An act to amend the law condemn- 
ing right ot way for purposes of internal improvement," 
approved June 22, 1852. 



1857. 25G 

To rt»u:«> 1. ..h- ^ J). Whenever it shall be necessary to construct said 
tt^r* r'uur levee across any public hii»hway, it shall be the duty of 



ilU^Jl. 



the saiJ Lt-onaril, his associates or assi<;ns, to grade or 
briilije such highway on each side of said levee, lor such 
distance and in such manner as to render the same passable, 
and as good in every respect as a |)ublic highway, as it 
was before the construction of said levee. 
»««r>i of - r<-- 5> i!. llpon the ai)i)licati()n of the said Ijconard, his as- 
• •w»m»»j..;.o-. sociates and assigns, to lliu boaid or supervisors oi said 
countifS, or ether of ihtin, in which tlicy may desire to 
construet any portion of said levee, it shall be the duty of 
such board of sujiervisors, by an order to be entereil of 
record, to aj)point a commissioner, whose duty it shall be 
to ascertain and report to said board of supervisors a list 
of all lauds between said proposed levee and the blulls on 
the eastern side thtreof which were oveillowed in whole 
or in part by the high water in the year 18;")! ; and said 
board of suj)ervisors sliall catise said report to bo filed and 
recorded by their cleik, aud a copy thereof to be certified 
to the auditor of state within one month after the same is 
so tiU'd and recorded ; and said lands shall thereafter be 
assessed and taxes collected thereon, at the same rate and 
in the same manner in which taxes are levied and collected 
in this state for county and state purposes, and which taxes 
when so collected shall be paid into the county and state 
lieasury as now provided or as hereafter may be provided 
by law. 
•Mntran'i .f.Me § 7. That it shall be the duty of the state treasurer and 
i^Si^ucvT" the county treasurer of the counties in which said levee 
mav be situate, iuimediately on receiving the state and 
county revenue of each year, to j ay to the said Leonard, 
his associates and assigns, for the term of fifty years, all 
taxes collected on said overllowed lands so certified as 
aforesaid, over and above the amount collected on the same 
lands for the year IS.")!), excepting the two mill tax pro- 
vided (ot by the present constitution of the state for pay- 
ing the state debt. 
•Mtttr f'"* 'n § H. That when the county clirk in the county in 
farvM^d hit u. ^jjjgi, j,ajj lands may be situate shall receive the asses- 
por's liHlof real estate assessed for taxation in said county, 
he shall forward to the auditor of state a list of said lands 
and the a'-sessed value there()f, at each assessment r<'(juired 
A0»iimu.v>$f by law, and the auditor shall, in a separate colmnn, assess 
"** a tax on s.iid lands according to th<^ value ot eaeli tract, 

sutfieient in amount to produce thirty thousand dollars in 
tli« aggregate, which shall be collected in the same man- 
n'T in which the state revenue is now collected hy law, 
r^M »»o» «Mm«f and which sum when collected shall be paid into the cotuily 
treasury of the county in which the lands do lie, and hy 
the county treasurer paid to the said Leonar<l, his associ- 



HtJ. 



257 1857. 

ates and assigns, as soon as the same may be received by 
said treasurer; and lor wliicli services the officers shdll be 
aUowed the same compensation as is now aUowed by law 
for similar services, to be paid out of said land when so 
collected. 

§ U. The boards of supervisors in the counties in which superv ig..r» to 
said lands or any part thereof may be situate, shall fix the lion o^o»inm1»- 
compensation of the conwnissioners provided for in the "'""o*- 
sixth section of this act at such sum as may be deemed 
reasonable, which shall be paid by said Leonard, his asso- 
ciates or assigns; and before said commissioner shall enter 
upon the discharge of his duties, he shall take an oath 
faithfully and imj)artially to discharge the duties retjuired 
of him by this act, which shall be filed with the county 
clerk and by him recorded. 

§ 10. When any portion of said work shall have been b aid of i.npcr- 
completed, it shall be the duty of the board of supervisors, l!,^Zt^tuuen!' 
upon the application of said Leonard, his associates or 
assigns, in the countits where said levee may be situate, 
to a[)point three suitable persons as commissioners, who 
shall examine said le\ee and report to said board whether 
or not said levee will protect said overflowed lands, or any 
part thereof, from overflow from similar Hoods to the one 
01 ISol ; said commissioners to be sworn faithfully to dis- 
charge their duties as required by this act before entering 
upon the discharge of their duties. 

§ 11. When the owners of any land so reclaimed from Land to be ex- 
overflow and reported for taxation as aforesaid shall wish nlcnuTireruiii 
to commute with the said Leonard, his associates or assigns, ^^ownt. 
for the special tax provided for in the Sth section of this 
act, upon paying or tendering to him or them the sum of 
three dollars and fifty cents per acre in lieu of said special 
tax, then the the land upon which the same may L.e paid 
shall be forever exempt from the payment of said special 
tax. 

§ 12. No part of the special tax provided for in this act >>'" p"! or ux u 
shall be asp'^ssed, collected or paid to said Leonard, his u^.n*' 'cemhi 
associates or assigns, upon lands not fully protected from "="'"'''^""' 
overflow from water which may be as high as it was at 
any time in the year Ib'jl, But whenever the commis- 
sioners provided f)r in the luth section of this act shall 
report that any part of the land returned for taxation as 
aforesaid is fully protected from overflow, within the mean- 
ing of this act, then said Leonard, his as-Jociates or assigns, 
shall be entitled to Receive Said tax which shall be there- 
after assessed and collected on the portion so reclaimed 
from such overflow ; and no portion of the general tax pro- 
\ided for by this act shall be paid to said Leonard, his as- 
sociates or assigns, except upon lands actually reclaimed 
as aforesaid. 
—17 



l^.-iT. 258 

AiA^;f«si to § l:i. Sail! I. eonar(K Ill's associates or assigns, are here- 
r«** '"*"■'' by aiithot i/oil and iMiipjwt reu to cross all streams, sloiiirhs 
ami water coui'ses, roatls, streets and alleys, necessary to 
be crossed in the construction ot said levee, and shall be 
liable to the owners of any water power tor all damages 
done tlu ni in the constinrlion of said levee. 
••la.nMioVaiia ^^ ][^ Said Ijcoiuud, his associates and assigns, in the 
ronstructiiui otsaid levee, shall huild or cause to bo built, 
across the Si\ycarty, at the head (hereof, a culvert with an 
openinc; twenty-five feet in widtli and three feet in depth, 
so as to admit a stream of water of that si/e to pass ; said 
culvert to be as low as the bed ol the said Snycarty so as 
not to obstruct the j)assage of the \s ater through. They 
shall also build and keep in lepair a lock, to be built upon 
the canal slough at (iilgal, sorticient for the )>assage of or- 
dinary Hat boats or rafts ; the said lock to be ^not less 
than one hundred feet in length and twenty feet in width. 
^ ]o. This act to take effect and be in lorce from and 
tfter its passage. 

Approved Feb. 10, 1867. 



1»f, •• p<*. i«, A\ ACT to authorize William H. Lamb, Coloman Bright and William 
'**^ I). Watuoij to sell and convey certain real estate therein described. 

Section 1. J7e it enacted hy the people of the at ate of 
Ulivnis^ represented in the General ^hsenihlij^ That Wil- 
liam H. Lamb, Coleman Bright and William I). Watson 
be and th»y are hereby authorized, after gi\ing j)ublic 
notice for four weeks, l)y posting notices in three of the 
most i)ublic places within the ti)wu of New Albany, to sell 
at pul)lic auction, to the higliest bidder, ujjon such time as 
they may deern proper, and convey a certain lot of land, 
witli the buildings thereon, in the town of New Albany, 
Coles county, used a^ a scho(jI house and site in said town, 
also a lot of ground in said town owned and used as a 
public square. The procf«(N of said sabs to be applied 
to the building of a <li«<trict school house in said town. 

<} 2. This act to be a public act and be in force. from 
and after its passage. 

ArrRovKD Feb. 1«», 1857. 



259 IJR.ST. 

AN ACT to amend an act entitled "An act to incorporat* the town of in i»rr^ ret. i«, 
Hennepin," approved June 2Jd, lSr)2. ib6^ 

Section 1. Be it enacted by the people of the atate of 
ii/inoi'i, 7'epresefitfd in the General .'i-isemhlij^ That all of 
Section 10 of said act, making the trustees of said corpo- 
ration directors of common schools and empowering them 
to erect and keep in repair school liouses, and to regulate 
and maintain common schools within said corporation, be 
aiid the same is herct>y repeah'd. 

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

Approved Feb. 16, 1857. 



AN ACT to establish and maintain a system of free schools. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION HIS ELEC- 
TION AND DUTIES. 

Section 1. Be it enacted by the people of the state of 
Illinois, represented in the General Jlssemhhj, That at the 
election to be held on Tuesday after the first Monday of !"'?<-'>•»> «>' •«- 
November, A. D. 1S:,8, and biennially thereafter, there "•^""'•""*»' 
shall be elected, by the legal voters of this state, a state 
superintendent of puolic instruction, who shall hold his 
office for two years, and until his successor is duly elected 
and qualified. 

§ 1. Before entering upon his duties he shall take and to give ioi..j. 
subscribe the usual oath of office, and shall also execute a 
bond, in the penalty of twenty-five thousand dollars, pay- 
able to the s»ate of Illinois, with sureties to be approved 
by the governor, conditioned for the proir.pt discharge of 
his duties as superintendent of public instruction, and for 
the faithftil application and disposition, according to law, 
of all school moneys that may come into his hands by vir- 
tue of his office ; said bond and oath shali be deposited with 
the secretary of state, and an action may be maintained 
ther.'on by the slate, at any time, for a breach of the con- 
ditions thereof. 

§ -3. It shall be his duty to keep an office at the seat of icr'op.M.f aith, 
government of the state, and to file all papers, reports and ZXx' ""*'" 
public documents transmitted to him by the school officers 
of the several counties, each year separately, and to kerp 
and preserve all other public documents, books and papers 
relative to schools, coming into Ids hands as state suporin- 
tehdent, and to hold the same in readiness to be exhibited 
to the governor, or to any committee of either house of the 
general assembly j and shall keep a fair record of all mat- 
ters pertaining to the business of his office. 



•ip-ff.-t 



1^57. 260 

i*»r •»«» --^^rt ^, 4. He sliall, wiiliout ilelay, pay over all sums of money 
wfiich may come inlo his hitmis by \ irfie of liis o.iiee, to 
the orticer of per>ons entitled to receive the same, in such 
manner as n»ay he prescrihttl by law. 
4»»,.«. 1. h ^ ,"). He ."shall counsel ami ailxisc, in such manner as he 
iMvft«f* ^^^ ilm-m most advisable, with experienced and practical 

school teacliers, as to the best manner of conductin/:^; com- 
mon schoolj 
of ^ t». Said superintendent shall have the supervision of 
all the common and public schools in the state, and shall 
be the general ailvi^er and assistant of school commissioners 
in the stale ; he shall, fiom time to time, as he shall deem 
sM'tm titmatt fQf tj^e interest of schools, address circuUr letters to said 
commissianers, givin.; advice as to the bt*st manner of con- 
ductiui; schools, constructing school houses, furnishing the 
same, and procuring compettnt teachers. 
fcO'rt *» »•»' t- c- 7. Said state superintendent shall, before the fi teenth 
day of Decembi^r of every year preceding that in which 
shall be holden a regular session of the general assembly, 
report to the governor the condition of schools in the sev- 
eral counties of the state, the whole number of schools 
which have been taught in each comity in each of the pre- 
ceding years, commencing on the first Monday of October ; 
what part of said number have been taught by males ex- 
clusively ; what part by females exclusively; what part of 
said whole number have been taught by males and females 
at the same time ; and what part by males and females at 
different periods; the number of scholars in attendance at 
said schools ; the number of wliitt' persons in each county 
under twenty-one years of age: ; the amount of township 
and county tund ; the amount of the interest of the state or 
common school fimd, and of the interest of the township 
and of tlie county fund annually j)aid otit ; the amount 
raised by an tid rti/'irc/zt tax; the w\ule amount aiwiually 
expende«l for schools; the number of school houses, their 
kind and condition; the numbi-r of townships and parts of 
townships in each county ; the number and description of 
books and apparatus purchased for the use of schools and 
school librarit s Uh<lir the provisions of this act, the prices 
paid for the same, and tf)tal amount purchased, and what 
quantity and how distributed; and the number and condi- 
tion of the libraries, together with such otln^r information 
and suggestions as he may deem important in relation to 
the school laws, schools, and the means of promoting edu- 
catifm throughout the state ; which report shall be laid 
before the g»-neral assembly at each regular session. 
Ma* rnt.^ lod ^H. The Said state- superintendent of public instruction 
'*** fhall make such rules and regulatifuis- as he may think 

necessary and expedient to carry into full eflfect the pro- 
visions of this act, and of all the laws which now are or 



To C8WRP ictau*! 
ronimiMioner* 

Is. 



2G1 ;i857. 

may hereafter be in force for estaHlisliinp; and maintaining 
schools in tliis statt- ; and tlie said superintendent shall 
have power, and it shall be his duty, to explain and inter- T' inior^ret u>e 
pret and determine to all school commissioners, directors, »<i. 
townsliij) and otiier school officers, the true intent and 
meaniuGj of this pct, and their several duties enjoined there- 
by, and his decision shall be final, unless otherwise directed 
by the legislature, or reversed by a court of competent 
jurisdiction. 

§ 9. The said state superintendent shall have power to 
direct and caise the school commissioner of any county, t' 
directors or board of trustees or township treasurer of any 
towiisliip, or other school officer, to withliohl from any 
officer, or township, or teacher, any part of the common 
school, or township, or other school fund, until such officer, 
township, or teacher, shall have complied with all the pro- 
visions of this act relating to his, her or their duties, and 
such rules and regulations as the state superintendent may 
prescribe, not inconsi'=:tent with this act; and the state su- 
perintendent may forbid the payment of any part of the 
common school, township, county, or other school fund, to 
any district in which the school or schools have not been 
kept according to law, or in which no school has been kept 
for six months during the year next preceding the demand 
for payment. 

§ li>. And the said state superintendent shall receive Salary of Mif.cr 
annually the sum of fifteen hundred dollars, to be paid 
quarterly, as a salary for the services required under the 
provisions of this act, or any other law that may be passed, 
and also for all necessary contingent expenses, for books, 
postage and stationery pertaining to his office, to be audited 
and paid by the state, a«5 the salaries and contingent ex- 
penses of other officers are paid. 

SCHOOL COMMISSIONERS THEIR ELECTION AND DUTIES. 

§ 11. On tho Tuesday next after the first Monday in «ie.^ionef.cii»« 
November next, and on the Tuesday next after the first 
Monday in November, every two years thereafter, there 
shall be elected, by the qualified voters of each and every 
county in this state, a scliool commissioner, who shall ex- 
ecute the duties herein required. He shall, before enter- 
ing upon his duties, take an oath for the faithful discharge 
of his duties. He shall, before entering upon his duties, 
execute a bond, payable to the state of Illinois, with two T.«!vek,oBd. 
or more resj^onsible freeholders as security, to be approved 
by tlie county court, (or in coun'ies adopting the township 
organizatit)n, by the board of supervisors,) in ? penalty of 
not less than twelve thousand dollars, to he increased at 
the discretion of said court, in pj-^portion to his responsi- 



bilities, conditioned that he will faitlifully perform all the 
dutifs of school commissioner of said county, aerordi \^ to 
tlie laws which are or may hv in force ; by which bond the 
oblii;>>rs shall be bound jointly and severally, and upon 
which an action or actions maj be maintained by the board 
of trustees of the proper township, for the use of any town- 
ship or fund injured by any breach thereof; and joint action 
may be had for two or m.»re funds. 

§ \'l. Tiic bond re(juire<l in the foregoing section shall 
be in the following form, vi/ : 

Statk or li.i.iNOK, } 

Co%uty. S 

f-mm* teuad. Know a I nieii by tlieso presciitsi, tliat we, A B, C D, ami E F, arc b«Id 
and firmly bouiul. jointly ami spvorally. unto the jieoplt' of thostati' of Illi- 
nois, in the jtenal sum of (lollar», to ihr paynuMit of wiiich we bind 

our«#lvp9. o.ir heirs, exrf'utors and atliniiiistr.ito'S firmly by thtue pieaenta. 
In witness wlierei-f we ha»e hereunto ael our hands and seals, this — — 

dav of A. U ISf)— , 

'rhe condition of thf above obligation is 8iRli,that if the above bounde« 
A B, school cominissiujier of the couiily aforosuitl, aliall faithfully dis- 
charR'? rtll the duties of said ottice acconlini; to the laws whirh now are, or 
may hereafter be in force, and shall deliver over to his siieceasor in office 
all moneys, books, papera and property in his hands as such school com- 
missioner, then ihia obligation to be void ; otherwise to remain in full fore* 
and virtue. 

A B , f.SKAI.." 

C I) . [SKAI..' 

K 1- , LsKAi..; 

And which bond shall be filed in the office of the county 
court. 

§ 1:5. The said commissioner shall be lial)le to removal 
by the county court, (or in counties adoj)ting township 
organization, by the board of suj)erv isors,) for any palpa- 
ble violation of law or omission of duty ; and if a majority 
of said court or board of supervisors shall at an} time be 
satisfied that his bon 1 is insufficient, it shall be his duty, 
on notice, to execute a new bond, to be payabh-, condi- 
tioneil and apjiroved as the first bond ; the execution of 
which siiall not alFetit the old bond, or the liability of the 
security thereof ; and when the office of .school commis- 
- sioner shall become vacant by deatli, nsignation, or other- 
*'' wise, the county court, or board of siijx'i visors, shall fill 
the same by appointment for the une.\|>ired term, and the 
per.««on no appointed .shall hold his (jHlce until his successor 
shall be (jualifu-d. 



i.t«M« to rem 



TtimM-j •• w> .sioner 
•u*4 hr 




"• '" ■'" -"' " I — •; ^ — 

valuation madf by or under tin- din ction of the trustees of 

school.M, and th*- affidavits in relation to the same. In book 

h he shall keej* an account of all salea of common school 



203 18j7. 

lands; wiiicli account shall contain tlie date of sale, name 
ot* purcliaser, description of lands sold, and the sum sold 
for. In book C he shall keep a regular account of all 
mone}s received for lands sold, or otherwise, and loaned 
or paid out; the person of whom received, and on what 
account, and showing wiiether it is princijjal or interest ; 
the persvju to whom loaned, the time for which the loan 
wa^ made, tlie rate of interest, the names of the securities 
when personal security is taken, or if real estate is taken 
as security, a description of said real estate, and if paid 
out, to whom, when, and on what account, and the amount 
paid out; the list of sales, and the accounts of each town- 
ship fund to be kept separate. Said books shall be paid 
for out of the county treasury of the counties in which they 
are used. 

5 1"), Whenever the bond of tiie township treasurer, b«iij "f ••»"- 
approved by the board oi trustees ot schools, as required 
by law^, shall be delivered by the trustees of schools, or 
either of them, to t';e school commissioner, he shall receive 
and tile the same with the papers of his office. He shall 
then, on demand, deliver ta said township treasurer, who 
shall receipt therefor, all moneys in his hands belonging to 
sail township ; also, all bonds, mortgages, notes and secu- 
rities of every description, for money or property due or 
to become due the township, and all papers of every de- 
sciiption belonging to or in anywise pertaining to the rights 
or interests of said township; and the receipt of said trea- 
surer to the school commissioner shall be carefully pre- 
served, and shall be evidence of the facts therein stated, 
as well in favor of the school commissioner as against the 
township treasurer. 

§ 10. Upon the receipt of the amount due upon the soi<roi •^mmw- 
auditor s warrant, the school commissioner shall apportion tim »iat« rutj. 
one-third of said amount to the several townships and parts 
of townships in his county, in proportion to the number of 
acres iir said townships and parts of townships, and the 
remaining two-thirds to the several townships and frac- 
tional townships in his county, according to the number of 
white children, under twenty-one years of age, returned 
to him, in which townships or parts of townships schools 
have been kept in accordance with the provisions of this 
act, and with the instructions of the state and county 
superintendents, and shall pay over the distributive share 
belonging to each townshi]) and fractional township, as 
aforesaid, to the respective township treasurers, or other 
authorized persons, annually. When there is a county 
fund in the hands of any school commissioner, it shall be 
loaned, and the interest applied as provided in this section 
with respect to the interest on the state fund. 



' I?.- 7. 204 

T« rt-port to sc- § lY. Tlie scImoI coinml^sioMor shall also, on or before 
^*^"" '"' the second Mcntlay of NoviMnhcr, bofbre eaoh ifi»iilar ses- 
sion of the general assembly, or annually, if so required by 
the state suporintcndent, eoniniunicate to said super- 
intendent all such information and statistics upon the sub- 
jects of schools in the count) as the said suprrintendent is 
bound to embody in his report to the {roveruor, and such 
other information as the state superintendent shall re- 
quire. 

T« d^uvM ever 5 l'^. The school commissioner, upon his removal or 

•lon^y anil i'r\i- ■'. . , • • ,■ i ■ ^ .• • / 

pK-rtT to »ucvi>- resipjnation, or at the expiration or Ins term oi sj-rvice, (or 
*'"■ in case of his death, his representatives,) shall deliver 

over to his successor in office, on demand, all moneys, 
books, papers and personal property, belonginfj to the 
oflic*', or subject to the control or disposition of the school 
commissioner. 

T«iMarun4>. ^ r.t. The school commissioner may loan any money, 

not interest, brlontjinir to the county fund, before the same 
is called for according to law by the township treasurer, 
at the same rate of interest, upon the same security and 
for the same lenprth of time as is provided by this act in 
relation to the township treasurers; and notes and nu)rt- 
pages taken in the name of the '"school commissioner" of 
the proper county, shall he, and all loans heretofore ;nade 
in the name of "school commissioners," are hereby, de- 
clared to be as valid as if taken in the name of "trustees 
of schools" of the proper township, and suits may be broupjht 
in the name of "school commissioners," on all notes and 
mortgaqes heretofore or hereafter made payable to school 
commissioners. 

T« »i«it i<-h«,ii ^ -Jd. It shall be the duty of tin; school commissioner to 
utwanijr. ^.jjjjj^ gjj often as practicable, the several schools of his 
county, and to note the common method of inst» notion and 
branches tan(»lit, and f^ive such directions in the art of 
teaching, anrl the method thereof, in i^acii school, as to him, 
together with the directors, shall be deemed expedient 
and ru'cessary, so that each school shall be equal to the 
grade for wliich it was established, and that there maybe, 
as far as practicable, uniformity in the course of studies 
in the schools of the several grades resjx'ctively, and shall 
carry out the advice and instructions of the state super- 
intendent. 

^rtuwrt^mMie ^ "'• ^" **'' cases wlierc the tijwnship hoard of trustees 

rrcwM. of any township shall fail to prepare and forward, or cause 

to be preparejj ar-d forwarded, l(» the school commissioner, 
the iiitormalion and statisties re<juired of tin m in this act, 
it shall be the duty of J«ai(l sriiool commissioner to employ 
a cotn[Mtent nernoti to take tin; enumeration, and furnish 
iiaid «talinti(-al statement, as fares practicable, to the com- 
missioner j and said person so emj)Ioyed shall have free 



20o 1P57. 

access to tlu^ books and papers of said townsliij), to enable 
him to make sucb statf inent ; and tlie townsliip treasurer, 
or other officer or person in whose custody such books mid 
papers may be, shall permit said person to examine such 
books and papers, at such limes and places as such person 
■ may desire, for the purposes aforesaid ; and the said school 
commissioner shall allow, and pay, to the person so em- Compensati.n. 
ployed by him, for the services, such amount as he may 
judi^e reasonal)le, out of any money which is or may come 
ii»to said commissioner's hands, apportioned as the share 
of or belonging to such township ; and the said school com- 
missioner shall proceed to recover and collect the amount 
so allowed or paid for such services, in k civil action be- 
fore any justice of the peace in the county, or before any 
court having jurisdiction, in the name of the people of the 
state of Illinois, of and against the trustees of schools of said 
township, in their iiuli\idual capacity; and in such suit or 
suits the said school commissioner and township treasurer 
shall be competent witnesses; and the money so recovered, 
wlicn collected, shall be paid over to the school commis- 
sioner, for the benefit of said township, to replace tiie 
money taken as aforesaid. 

5 -2. When anv real estate shall have been taken for "^-^y J®'*" "■**' 
debts due to any school fund, the title to which real estate 
has become vested in any school commissioner, or trustees 
of schools, for the use of the inhabitants of two or more 
townships, the school commissioner may resell such real 
estate for the benefit of said townshijis, under the provi- 
sions of this act regulating the sale of the common school 
lands; and the said commissioner is hereby authorized to 
execute conveyances to purchasers ; and said commission- 
er shall be enticed to retain the same per centage on the 
amount of such sale, out of the assests thereof, as he is 
entitled to for selling the common shool lands. 

TOWNSHIPS TRUSTEES OF SCHOOLS. 

§ 28. Each congressional township, as surveyed and ''"o'^*^*ontJc**** 
laid off by authori'y of the United States, is hereby estab- 
lished a townsliip for school purposes. The business of 
the township shall be done by t iree trustees, to be elected 
by tlie legal voters of the township ; and the said town- 
ship, upon the election of trustees as aforesaid, as herein- 
after provided for, shall be a body corporate and politic, 
by the name and style of "trustees of schools of township 
, range, ," according to the number. The said cor- 
poration shall have perpetual existence, and shall have 
power to sue and be siierl, to plead and be impleaded, in 
all courts and places where judicial proceedings are had. 



Said trustees shall continue in otfice two years, and 

until otiiers are electtd and tnter upon the duties of 

their orfice. 

8lu•^^;;:.J cr § ll I . No pejson shall be eligible to the otKce of tru^-- 

''**''^* tee of schools, unless he shall be twenty-one years of age, 

and a residt-nt of the township. 
■eon«sf;.-uw § '1'). The election of trustees of schools shall be on 
^** the second Montlay in Oelobtr, biiiinially, but in townships 

where such election has not been heretofore had, i)r wliere 
there are no trustees of schools, the election of trustees 
of schools may be holden on any Monday ; notice being 
given as hereinafter in this section required. The first elec- 
tion shall be ordered, if in townships already incoiporated, 
by the trustees of schools of the township, the township 
treasurer j^ixiie^ notice of the time and place, by ])osting 
up notices of tlie same at least ten days previous to the 
day of election, at or in the school house, or in the most 
public place in every school district in the townsliij>. If 
there aie no trustees of schools in a lownship, the clerk 
of till' county court shall cause the notice to be given as 
aforesaid. For all subsequent elections, the like notices 
shall b<' given by the trustees of schools, through the town- 
rron** ship treasurer: Fruriilidf that if, upon any day appointed 

as afon.'said, for election aforesaid, the said trustees of 
schocds, or judges, shall be of opinion that, on account of 
the small attendance of voters, the puljlic good ^eijuireS 
it, or it the voters j)iesenl, or a majority of them, shall de- 
sire it, thi-y shall postpone said election until the next 
Monday, and at the same j)lace and hour; at which meet- 
iig the voters shall proceed as if it were not a postponed 
rarthar pTOTiM. or adjourtud tn«-Lting: .Jnd, p7'(ji>ulc(/, a/so, that if notice 
shall not have been gi\en as above re<juired, then, and in 
that case, said election may be ordered as aforesaid, and 
holden on the first Monday in November, or any other 
Monday ; notice thereof being given as aloresaid. 
j»ii«» »r-i <i'iu § ^ '• Two of the trustees of schools of incorj)orated 
•f ciKtMD townships, if present, shall act as judgts, and one as clerk 
of said «lection. If said trustees shall lail to attend, or re- 
fuse to act when present, and in townsliips unincorporated, 
the qualified voters present shall choose iVoin amongst 
theinselve.t, three judges and a clerk to open and conduct 
said election. 
Ti«i»', 4c fcf § -'• The time and manner of opening, conducting and 
^•^**-^ doling said elee.tion, and tin; several liabilities ap|>(;rtain- 

ing to the judges ami clerks, and to the voters separately 
and collectively, and the manner of cont(*sting said elec- 
tidiiH, shall be the same as prescribed by the general elec- 
tion laws of this state, defining the manner of electing 
m'i^i-'ti i*te«j and constables, so far as applicable, subject to 
tin- prov ixions of this a. t : Pnnulid, the judges may close 
said election at four o'clock, P. M. 



267 1857. 

§ 28. No person sliall vote at said election unless he votor*. 
possesses (lie (jualilicatioii of a voter at a jrencral e.ection. 
In cas»> of a tie al sucli election il sliall be determined by Tie 
lot, on the day of election, by the judges thcreol. 

§ 2I>. When a vacancy or vacancies shall occur in the vacam-r. 
board of trustees of schools, the remaining trustee or trus- 
tees shall Older an election to fill such vacancy, upon any 
Monday ; notice to be given as required in section twenty- 
five heieof. 

§ 30. Upon the election of trustees of schools, the P"" »>o«k deiir- 
judges of the rlectiou shall caiise the poll book of said elec- biouei! 
tion to be deliveied to the school commissioner of the 
county, with a ceitificate thereon showing the election of 
said trustees, and names of t!ie persons elected ; which 
poll book, with the certificate, shall be filed by said com- 
missioner, and shall be evidence of such election. 

§ 31. The said trustees of schools, elected as aforesaid, P'^ers of trw- 
shall be successors to the trustees of school lands, aj>- ce-5ui». 
pointed by the county commis ioner's court, and of trus- 
tees of schotds' elected in townsliips under the j)rovi-;ions 
of " an act making provisions for organizing and main- 
taining Common schools," approved Februray 20, 1S4], 
and of " an act to establish and maintain common schools," 
approved March 1,1847. All rights of property, and lights 
and causes of action, existing or vested in the trtistees of 
school lands, or trustees of scliools ap|)ointed or elected as 
aforesaid for the use of the inhabitants of the tov/nship, or 
any part of them, shall vest in ihe trusteiis of schools as 
successors, in as full and complete a manner as was vested 
in the school commissioner, [the trustees of school lands,] 
or tl e trustees of schools ai)pointed and elected as afore- 
said. 

§ o2. It shall be tiie duty of the township board of trus- Meeting of. 
tees to hold regular semi-annual sessions on the first Mon- 
days of April and October in each year, and may meet at 
such other times, and at such other places as they may 
think proper; and the president of the board, or any two 
members thereof, may call a special meeting of the boaid ; 
and at all meetings of the board, two of its members shall 
constitute a quorum to transact any business. Said board 
shall organize by appointing one of their number president, 
and some person, who shall not be a director or member 
of the board, township treasure!', who shall be ^./-o/^/V/^y cicrk cf^tt^rd. 
clerk of the boatd. Tlie said |iresident and township treas- 
urer shall hold their res|)ecti\e offices doling the term 
for which that board of trustees, by which they are j p- 
pointed, shall have bet-n elected, ai,d until their successors 
are apj)oiiite(l, and until lluii newly ajipoinled treasurer has 
gi\»-n bond as rfq-tiu'd bj ihis act; either <>f said officers, 
liowever, for good cause, may be removed by the board. 



nol. 268 

It shall be Ojc duty of the president, when present, to pre- 
side at the meetings of the board; and it shall he the duty 
of the clerk to bo present at all meetings of the boar 1, and 
to recoTil in a book to be pr.)vii!ed fur the purpose all 
their ortirial prooeediiuj;"!, \vl ich shall be a public record, 
open to tiie inspection of any person int«>rtst»'d therein ; 
and all said proceedings, when recorded, shall be signed 
by the president and clerk. If the president or clerk shall 
be absent, or refuse to perforin any of the duties of his 
office at any meeting of the board, a president or clerk, 
pro temjiirr, may be upj>ointed. 
T»»r*Mr* "*!'. § oo. Trustecs of scliools shall lay otF the township 
*•• into districts to suit the wishes and eonvenicMice of a ma- 

jority of the inhabitants of their townships, and shall pre- 
pare, or cause to be prepared, a map of their township, as 
often as may be necessary, on wiiieh shall be designated 

districts, to be styled di^Jtrict No. , in township No. 

, which they may alter or change at any regular ses- 
sion ; which map shall be c rtified by the president and 
clerk of the board, and filed with, and recorded by the 
counly clerk, in a bo )k to be kept for that purpose, to be 
paid for out of the county treasury : Pri)V/\Uit^ that school 
s<h«oi di.irir - districts may be formed out of parts of two or more town- 
SiJi'**«wn™,.* ships or fractional townships; in which case the trustees 
•»r.r« lowii.ini.. of the schools of the townships interested shall act in con- 
junction in the formation ot such district. When a new 
ft».i. \o ¥*.'..- district is formed from one or more districts, the trustees 
i7>lr"u)*'uxo^" shall make division of any tax funds which are, or may be, 
r»iie<««i. in the hands of any Dtficcr, in proportion to the amount of 
taxes collected from the proj>ortj reinainirg in each dis- 
trict ; and it shall be the duty of the officer to pay the same 
on the order of the trusters. 
Trm«i«4»' 4n.T. ^ '•){. At each of their half-yearly meetings, on the first 
Monday of April and October, the trustees of schools shall 
proceed to ascertain the amount of state, county and town- 
r^»4< ship funds lial)l«' to distribution, to wit : the fund arising 
from the two mill tax, the funds from taxes levied by the di- 
rectors for the purp )so of paying tcaciu-rs, the interestactu- 
ally on hand from the state and county school fund, aiid such 
of the interest, rent', issues and profits ari'^ingfroin the town- 
ship lands, and funds a«» ha\e ac( rued and become due since 
the last regular half-yearly nneting,exceptthe two percent, 
and the three per cent which the school commissioner is al- 
lowed to retain. The said trtistees shall immediately there- 
».«<rtkni» r«iMi' upon proreccl to dlstrihutp tin- aggregate amount of state, 
county and township fun<!s thtis ascrrfaiiied to he liable 
to distributif.n, as f(dlowfl : First, 'o the township treasur- 
er the two per rent, allowed him ; second tor the pajnunt 
of the books of the township treasurer, if anything he due 
for that purpose ; third, for the pajment of any rtasohable 
charges for dividing common .school land, and making 



269 18 '.7. 

plat?; &c., as provide J for in this act ; fourth, the balance, 
after denncting such an amount as a majority of the direc- 
tors in the townsliip may, by petition, at the October term, 
request to be set apart for the suj)port of schools in the 
suinmor, tht-y shall apportion on the several schedules cer- 
tified and returned from each school in the townsliip, ac- 
cording to law, in proportion to the number uf days certi- 
fied on such scheduh'S, respectively, to have been taught 
since the last regular return day fixed by the act or trus- 
tees for the return of schedules ; and the township treas- 
urer shall, as soon as practicable, pay out the money so 
apportioned to the several persons to whom it shall be dis- 
tributed; and shall hold the balancr-, if any, apportioned 
on the schedules, subject to the order of the directors of 
the proper district, to be applied by them to the payment 
of teacliers in their respective districts. The said trus- 
tee^ 01 schools shall also make such oiders, not contrary tauiii. 
to law, for the collection of the funds due, as in their dis- 
cretion shall be most for the interest of the funds. They 
shall also, at their said half-yearly meetings, ascertain the 
amount of tax money, or otiier funds, if any, the trea<5UTer 
has in hands belonging to any school district being wholly 
or partly in his townshij) ; and they shall see that the treas- 
urer cliarges himself in his cash book, in a separate col- 
umn, in favor of the proper district, with the amount they 
shall find to be in his hands belonging to such district; and 
the amount so ascertained to be in the hands of the treas- Fund* <«« *j»- 
urer shall be paid out on the order of the directors. The on'micr ot tio 
trustees of schools shall also examine the certificate of *^*''''^'"' 
the district directors to which such tax fund belongs, and 
they shall thereupon direct the treasurer to pay the tax 
money aforesaid to the several persons who may appear to 
be entitled to it, according to the certificate of the di- 
rectors. 

5 80. Whenever it may be desirable to establish a sd.ooiscompMeJ 
school composed ot pupils, residents ot two or more dis- tw»orniyre<i»- 
tricts, either in the same or different townships, it shall be '^"''"' 
the duty of the directors of each of such districts to trans- 
fer such^umbcr of the pupils residing in such districts as 
the directors of the interested districts may deem proper, 
to the schools so estaljlished ; but the enumeration of Ki.nmrraut.n m 
scholars shall be taken in each of such districts as if no rate!?*'" '**"' 
such transfer had been made ; and such schools, when so 
composed, shall be supported from the school funds of the • 
respecti\ e townships in which the pupils composing such 
schools shall reside, and from which they have been trans- 
ferred ; and the directors of the district in which the 
school is kept shall have the control and management of 
su^h school ; and the directors of each of such districts 
shall pay its share of the entire expenses, of every kind, 



1867. 270 



incurred in the estaliHshmcnt and support of such school, 
to be computed in proportion to the number of pupils re- 
sidiu'^ in each of s-uch districts composing such jcliool ; 
and e'lich board of township trustees of ihe townships from 
which pupils are transferred, shall draw an order on its 
township treasurer in favor of the township treasurer of 
the township in which the directors, or persons having the 
management of such school, shall reside, for its share of 
the fiiiid for the j)ayment of teachers, due on the schedule 
to be returned of ttie number of days' attendance of schol- 
ars from such township. The amount apportioned on such 
schedule shall be the same as if the schedule had been re- 
turned for any school in the township, and must be pre- 
sented at the time required by law for the return of the 
»,.o.Kho,K schedules: Providu/, hoirciur, by agreement of the sev- 
eral boards interested therein, said school may be placed 
under the control and management of such persons as may 
be determined by a majority of said board, who shall be 

styled '-direct, rs of union school, in district No. , in 

township No. ," and by such name shall be a body 

politic and corporate, having all the powers conferred on 
district directors, and the power to levy such taxes in the 
territory included in their district, to be collected in the 
same manner as other district taxes are col ected. 
Tn>sUKs irer.ri § Gi"). The hoard of trustees of each township in this 
l^i-KMa'/is""" state shall prepare, or cause to be ))repareu by the town- 
ship treasurer, the clerk of the board, or other person, and 
forwarded to the sehool commissioners of the comity in 
which the township lies, on or before the second Monday 
of October, preceding each regular session of the general 
assembly of this state, a d at such other times as may be 
required by the school commissioner, or by the state super- 
intendent of public instruction, a statement exhibiting the 
condition of schools in their respective townships for the 
preceding biennial period, giving separately each year, 
commeneing on the first Mondays of October and ending 
on the last^of September; which statement shall be as 
N .^.b.-'. follows: 1st. The whole numb r of sliools which have 
been taught in each year ; what part of said nifnbcr have 
been taught by males exelnsively ; what part have been 
taught by ft mahs exclusively ; what part of said whole 
number have hern taught hy males and females at the same 
time, and what part by m;iles and females at dillerent pe- 
j«, H »rh>Au^. riods. 2d. The whoh- number of scholars in attendance at 
all the schools, giving the number of males and females 
r..ott^htT*. separately, -d. The number of male and female teach- 
ers, giving each separately ; the highest, lowest and ave- 
rage monthly compensation paid to male and female teach- 

n..^^. er.., giving each item separately^ «^•^;^;^•V; o «mnan[ 
persons under twenty-one years of age. .>th. llie amouni 



271 1857. 

of the principal of the townsliip fund ; the amount of the Am'ut.f ron*«. 
interest on the township funtl paid into the township treas- 
ury ; the amount of state or common school fund received 
by the township treasurer; the amount raised by ad valo- 
rem tax, and the amount of such t^x received into the 
township treasury, and the amojint of all other funds re- 
ceived into the township treasury. 6th. amount paid for ^^^'^°"* 
teachers' wages ; the amount paid for school house lots j 
the amount paid for building, lepairing, purchasing, rent- 
ing and furnishing school houses ; the amount poid for 
school apparatus, for books and olher incidental expenses 
for the use of school libraries ; the amount paid as com- 
pensation to township officers and others. 7th. The wholfc O-lier informa- 
amount of the receipts and expenditures for school pur- i.j '"i.e^ superla- 
poses, together with such other statistics and information '«^^"'o"^ 
in regard to schools as the state superintendent or sciiool 
commissioner may require. 

§ o7. In all cases wliere a townsliip is, or shall be di- soi.irate enu- 
vided by a county line, or lines, the board of trustees of imiac. 
such township shall make, or cause to be msde, sejiarate 
enumerations of male and female white persons of the ages 
as directed in the foregoing section of this act, designahng 
separately the number residing in each oi" the counties in 
which such township may lie, and forward each respective 
number to the proper school commissioner of each of said 
comities; and in like manner, as far as practicable, all 
other statistics and information enumerated and lequired 
to be reported in the aforesaid section, shall be sepai ateiy 
reported to the several school commissioners ; and all such 
parts of said statistical information as aie not susceptible 
of division, and are impracticable to be reported separ- 
ately, shall be reported to the sciiool commissioner ol tlie 
county in which the sixteenth section of such township is 
situated. 

§ o8. At each semi-annual meeting, and at such other Books and »«Beii- 
meetings as they may think proper, the said township board In'inc'i. ** "" 
shall examine all books, notes, mortgages, securilies, pa- 
pers, moneys and effects of the corporation, and the ac- 
counts and vouchers of the township treasure)-, or olher 
township school officer, and shall make such order thereon 
for their security, preservation, collection, correction of 
.errors, if any, and lor their proper management, as may 
seem to said board necessary. 

§ o'J. The board of trustees of each township in the Donations 
state may receive any gift, grant, donation, or demise, 
made for the use of any sciiool or schools, or library, or 
other school purposes within their jurisdiction ; and tliey 
shall be, and are hereby invested, in their corporate ca- 
pacity, willi the title, care and custody of all sciiool houses 
and school house sites j but the supervision and control 



IS'ol. 



070 



Ti>* c«uir\»i erf of them is fxiires?ly vested in the directors of each district 
»o*.<M 111" tho in whicli said property is situated; and when in the ojjinion 
J^^ ex 4ir«.v- ^f ^j^g school directofs, the school house site has btcome 
unnecessary, or unsuitable, or inconvenient lor a school, 
said board shall sell and convey the pauie in tlie name of 
the s ud board, at'ter givinjT at h ast twei.ty dajs' notice of 
such sale, by posting up written or piin'»(l notices thereof, 
particularly describini^ said property ami terms ol sale, and 
such conveyance shall be executed by the president and 
clerk of said board, and the avails shall be paid over to 
the township treasurer for the benefii of said district ; and 
all conveyances of real estate, which may be made to said 
board shall be made to said board in their corporate name, 
and to their successors in olfice. When any two or more 
districts shall be consolidated irto one, the new district 
shall own all the corporate property of the several dis- 
tricts ; and when a district shall be «livided, or a portion 
Set otf to another district; the funcN, property, or the in- 
come and the proceeds thereof belonging to such district 
shall be distributed or adjusted among the several parts 
by the trustees of the town or towns to which such district 
belong«!, and in a just and equitabli* iiianner. 

ii<ni<'f t«b«r«id § 4i> The townshij) board shall cause all mone}sfor 
wf liarer. '" '** the use of the township to be paid o\er to the township 
treasurer. They shall have power, also, to remove the 
township treasurer at any time, for any failure or refusal 
to execute or comply with any order or rerjuisitions of said 
board, legally maoe, or any other improptr conduct in the 
discharge of his duty as treasurer, or at any time they may 
deem such removal expedient. They shall also have pow- 
er, for any failure or refusal as aforesaid, to sue him upon 
his bond. 

Tnntc«i to pir- ^ \l. The towiisliip trustccs are hereby vested with 

«tia<^ real MUie ' , 1 . w * 1 1 t 1. t ■ 

general pr)wer and aullionty to purcliase real ertate, ii in 
their opinion the interests of the towii'^Iiip fund will be pro- 
uioted thereby, in satisfaction of any judgment, or decree 
wherein the said board or school commissioner are plain- 
tiff^ or comj»Iainants; and the title of such real estate so ptir- 
c'lased shall vest in said board, for the use of the inhabi- 
tants of said town^liij), for school purposes; and all ])ur- 
chasi'i of land lurelnfore made by school commissionerc, 
or trustees of school lands, or trustees of schools, for the 
use of any fund or township for the use ol schools, are 
hereby d<'clared valid. The said board are hereby vested 
with general power and authority to malce all settlements 
with persons indebted to tln-m in their oHicial capacity ; or 
receive deeds f)f real estate in compromisr; ; and to cancel, 
in such manner as tlu-y may think ])roper, notes, bonds, 
mortgages, judgments and decrees, existing, or that may 
hereafter exist, for the benefit of the township, when th« 



273 1M7, 

interest of said townsliip, or the fund concerned, shall, in 
their oj)iiiioii, require it ; and their action shall bo valid. 
Said board ot trustees are hereby authorized to lease or 
sell, at public auction, any land tliat may come into their 
possejssion, in such manner and on such terms as they shall 
deem tor the interest of the township : Pruviihd., that in ProTiw 
all eases of sale of land, as provided in t!iis section, the 
sale shall be made at the same place, and notice given of 
it in the same manner as is provided in tliis act for the sale 
of the sixteenth section. 



SCHOOL DIRECTORS THEIR ELECTION AND DUTIES. 

6 42. It shall be the duty of the legal voters within each Bie«ti<.nof»«i«»i 
school district to meet at the school house, or other con- 
venient place in the district, on the first Monday of Octo- 
ber next, or as soon thereafter as the township may belaid 
off into districts, and on the first Monday of October an- 
nually thereafter, and elect three persons within the dis- 
trict, to be styK-d school directors, who shall conlinue in 
office for the term of one year, and until their successors 
are elected. But the first election may be held on any first «ieattea 
Monday, notice being given by the township treasurer, ac- uw<iaf" *^ 
cording to the provisions for the election of trustees. The 
legal voters, when assembled, shall choose three of their 
number to act as judges, and one as clerk, at such elec- 
tion. In case of a tic at said election for school directors, Tie. 
it shall be determined by lot on the day of election, by the 
judges thereof. Thedistrict directors, upon their election, spiectionoio»crk 
or as soon thereafter as practicable, shall agree and appoint 
one of their number clerk, who shall keep a record of all 
the official acts of the board of directors, in a book to be 
provided for that purpose. Before every election of di- Noticeofe»c*M« 
rectors, and when a vacancy s'.all occur in the board of 
directors, the remaining director or directors shall order 
an election to fill said vacancy, giving at least five days' 
notice, by posting advertisements in at least three public 
places in the district; and the judges of the election shall 
cause the poll book to be delivered to the township treas- 
urer, with a certificate tiiereon showing the election of 
said directors and names of the persons elected, which poll 
book shall be filed by the township treasurer, and shall be 
evidence of said election. If any trustee or director shall 
not be an inhabitant of the district or township which he 
represents, an election shall be ordered to fill the vacancy, 
and no j)er.son shall be at the same time a director and 
trustee, mr shall a director or trustee be interested in any 
contract made by the board of which he is a member. 

—18 



1857. 274 



A«-.iwri!.>« t> ^ -10. Vov (lie purpose nf eroo(ii>or school lioufffs, or 
bu" j)urcl»asiiii:; soliool lu>u>'e sit*.'', or lor tlie rcpaitini; and uu- 

J^[,.^ . proving tlif saiiu*, J'or j>roouiiiii]j ruruituro, furl ;uui ilistrict 

mreAuaiuci. libraries, ami lor il»e purpose » f })a)inLj llie l>alaut'e tlue 
teaclior-!, alttT the slate aiul township liimls are t-xiiausted, 
the board ot" directors oT any district sijall be autliori/ed 
to ha\ e kvied and collected a tax, annuall), on all the 
property iu liieir district. 
otrecutrttyvrti. ^ ■[[. At eacli nu'etin<Tin October, oral any sub^fcjueut 
mtt- th^ meeting Iherealler, belore the liist Monday ol July, an- 

f^' nually, each board of directors in this state shall deter- 

p«rpc o» mine, by estimate, as nearly a? piaiticable, the entire 

amount of nioiu y necessarj to be ex|)rnded in the district, 
to kerp in <^ood condition and opi-ration a sntlicirnt num- 
ber 1)1 Iree scliools lor the acconinu)dation t)t" all the child- 
ren in said district during the t-nsuing } ear, over and above 
the available means arising from the township fund orlVom 
other sources, and also such additional amount as the 
board nnythinlv necessary lor the «'xclusive purpose of 
sujipl\ing any ditficicncy in the fund for the pa3m«ni of 
teachers, and for the purpo>e of extending tin* teims of 
schools after the st^^te or common school fund sludl have 
been exhausted ; and shall determine, as n<>arly as prac- 
T»e r»u>pcr««ni ticabli', what rate per cent, on the one liundrKl dollars' 
valuation of all the taxable prt)p»rty ni llu- di>trict, t-ach 
of saiil am()niits,sej)aratply, will r»'(jiiire to be h-vifd ; rach 
of wiiich rates so estimated and r«*(juired to be levied, to- 
i.tjt^r i4i-pj»- gether with a list ot all the resident tdx payers of ihe dis- 
•■ trict, the said board shall make known by certificate in 

writing, sii»ned by the president and clerk of the boaid, or 
at least two of the direct<ir.-i, to tiie cU'rk of the county 
court of the county, on or lieforethe fir-*t Monday of July 
Kbjfy-. u Tuu next thereafter in each year: Pn/i'i(/i (/, that the peoplo 
*"**'•" vole the same as hereinafter expressed, which cerlilicato 

may be in the following fojm, viz : 



r»»Tii of atnts- Wp, tlio iindprnigne'l, ilirrcfnr^of (liHlnct No. — . Idwnsliip No. — ,ran),'o 

•''* No. — . in I lie fount V «>r — — — , a III) ni.i'»» nf llliii'ii-<, 'lo lnTfl)y ccrtily llmt 

■ai<l tioaril have nt'lrii-itcc) hmiI r"<|iiitc(| lo l)c Invind fir Itii* V'O ^^ — . !!'• 

ratp of , for K'"i"'ral nrliool piii |1'»ho«», and lh<- r.it<« of . r(»r 

ftayiii^ Ip.u lt<"i n anil rx'rfKlmtr l<"iin« »f xi ImkiU, oii f.ich ono IiiiihIu'iI doJ- 
ar»' v4l>M)|<>ri nt taX'tlilf pmiiri ty in uaivl diH'.rict. Given iinii i uui liandt, 

lb la d.iy of . IS—. 

A. I!... 

C. I).. / Dircrton. 

i:. K . S 

ir^» ** " "^ 5 4.'). According to the rate or rates certified a^' aforp- 
ji»!d, the nai«l rourity clerk, when making out the tax bi)oki 
for the colle..lf»r, should < omptite eaeh taxable person*^ 
tax in Raid diitrict, taking as .i basis the total amount of 
taxable property returne<l }»>• the coun'y as"?essor for that 
year, l>»ng and being in aaid district, whether beloni^uig 



275 1867. 

to residents or non-residents, and also eadi and »very tract 
of land ass«'S'<fd by tlie assessor, wliicn lies, or the luri;egt 
part of whicli lies in said district. The said county clerk 
shall cause each person's tax so conipnteu to be set upon 
the tax book, to be delivered to the collector for that} ear, 
in A separate column, against each tax payer's naiiM^, or 
parcel of taxable j)r(>perty. as it appears in said collector's 
book, to be collected in the same manner, end at the sani'i 
time, and by tin same persons, as state and county taxes 
are collected : I^rjru/id, the assi ssments so made in the proviw. 
years intervening between the regular biennial assessments 
ofienl estate as j)rovided in the revenue acts, shall be 
based upon the tax payer's real estate as assessed at the 
regular biennial assessment. The computations of each 
per>?on's tax, and the levy made by the clf-rk, as aforrsai', 
shhll be tinal and conclusive : Providi d, J)// l/tt r, llie rate 
shall be uniform, and shall not excet-d tiie rate ct'itifit- I by 
the bo »rd of directors ; and the said counly cleik, »fore 
delivering the tax book to the collector, sliall make out 
and deliver, on demand, to each township treasurer, ol the 
respective townships in the county, a ceilificate oi tlie 
amount due each district in his township, of saiJ tax so 
levied and placed upon the tax biX/k-i ; and on or before 
the first day of April next after the delivery of the tax 
books containing the comjjUtation and levyofsanl taxes 
aforesa d, or so soon thereafter as the township treasurer 
shall present the s^^id certificate of the amount of said tax, 
and make a demand therefor, the said county collector 
shall pay to said townshi,) treasurer the full amount of said 
tax, so ceritfied by the county cleik, retaining from said 
amount only two per centum, as his fees for collection, 
taking of the township treasurer hi^ receipt therefor, which 
receipt shall be evidence, as well in favor ol the col- 
lector as against the township treasurer ; and said treas- 
urer shall enter the same in his books, under the j)[Oper 
heads, and pay tlie same out as j)rovided for by this act. 
When a district is composed of parts of two or more town- D,,.rut» ..*. 
shi|)S the directors shall determine and inform the colleetor p« "'' "' '*«••• 
in writing, under their hands a-J directors, which ol the 
treasurers of the townshi'ps from which their di<tn<t is 
formed shall demand and receive the tax money collected 
by the county collector as aforesaid. 

§ i''i. If any collector shall fail to pay the amount of 'oiai-' 
said tax, or any part thereof, as required in the aforesaid 
section, it shall be competent for the township treasurer, 
or other authorized person, lo jirooced pgainst .such 
collector and his securities in n action of debt in the 
county court ; which court i^ hereby vested with lull pow- 
er and authority to hear and determine all such suits, ren- 
der judgments and issue execution 3 or said suit may be 



lS5r- 276 

broui:;!it in any other court havin<]^ jurisdiction ; and the 
said ooliector, so in doiault, sluill [)ay twelve per centum 
upon the ainoiiut due, to he assessed as damages, which 
shall be included in the judgment rendered against him : 
pt^«»- Provided, no collector shall be liable for such part of said 

tax as he shall be able to make appear he could not have 
collected by law until he may be able to so collect such 
amount, 
•orunoaic tobc ^ 47^ WhcH a district is or shall hereafter be situated 
•roo.c«ur'.. in two or more counties, the certificate of the rate of tax- 
ation shall be returned to the cleiks of the county court 
of each of such counties, lurnishing to each clerk the 
names of the resident tax jiayers of that part of such dis- 
trict which lies in his county; and each ol said cl« rks shall 
proceed in all respects as regards the taxable residents 
and taxable property of that part of such district situated 
in his county, and for the purpose of enabling school di- 
rectors to make the estimate of taxes, the county clerk of 
•Minir r\r:x to eBcli couuly shali fiirnisli totho elerk ofeaeh of said boards 
vi'Jiri,^ '. -c : V the total amount of t'le valuation of taxable property of each 
districtrespectively, as returned bj the assessorof the previ- 
ous year; and to tnable the clerk of the county court to per- 
form his duly fur the first estimates as aloresaid, the di- 
rectors shall furnish to said county clerk a list of all the 
names of the resident tax payers of the previous year in 
said district, in the crunty, and thereafter said list of 
names shall be furnished as provided in this act. For the 

f)urpose of erecting school houses, or purchasing school 
louse sites, or for lepaiiing and iniproving the same, it 
»ti«-t-ir« ■T shall be lawful for the board ('f directors of any distiict to 
fc,mrw m ^rj^. . ijf,rrow money, at a rate of interest not exceeding ten per 
■••••^ cent, per annum, and issue b( nds therefor in sums not less 

than one hundred dollars ; which bonds shall be executed 
by the president and clerk of said board, or at least two 
r^tmu,, of the directors : Providid^ that the total indebtedness 

incurred by any district under this seetion, shall not at any 
time exceed three per cent, per annum of the assessed 
value of the real ami personal property of said district: 
r-»/n>.f prori« Prutidfd, further^ that the same shall be voted by a ma- 
jority of all the votes cast at any election, first giving ten 
da}'' notice thereof, by posting up three notices of tho 
time, place and object of tin; meeting. 
iiM,4 ,1 f.,^. § AH. The board of directors in each district in this 
rV/a**"^' "'' ftate shall be deemed and are hereby declared a body 
politic and corporate, by tho name of " school directors 

c»f district number , townshii) , range , 

couttty of -, anc- stat*- cf Illinois," and by that name 

may sue and be Ruod, phud and be impleaded, answer and 
be Hntwcred unto, in all < ourts and placer whatever, and 
to have perpetual succeision. Each district shall be liable 



277 IWT. 

for the balance due teacliors after the ?tate and township Kacu dimnct b- 
fun>l3 are exhausted, and also for all debts contracted un- duViJiciie'i*. 
der the authority of law. A majority of said directors 
shall constitute a quorum to do b.isiness ; and the board, 
when convened, shall h.ive power to |)iircha.se libraries and I'c'i-" »« p^' 
app:iratus tor the district, to be paid lor out ot the tax 
funds of the district. They shall esiablisli a sulFicient num- 
ber of common schools for the education of every individ- 
ual person over the age of five and under twenty-one years, 
in their respective districts ; and s.^all make tlie necessary 
provision for continuing such schools in operation lor at 
least six months in each year, and long^-r, it' praiticable. 
They shall cause suitable lots of ground to be procured, Buiid an<i fur»- 
and suitable b-iildings to be erected, purchased or rented uJIihoi. "''^ 
lor school houses ; shall supply the same witli furniture 
and fuel, and make all other provisions rel.Uive to schools 
which they m^y deem proper; they may adopt rules tor 
the government of schools, and shall exercise a gerjeral 
supervi'^ion over the schools of their re-ijjective districts, 
and shall, by one or more of their number, visit every ''^'»i' *'^'>~"' 
school in the district at least once a month, and shall cause 
th • result of such visit to be entered on the records of the 
board. Thi'V shall have the aiipomtrnent of all teachers ''''•'" •p''''"'^' 
of the .schools in the district; shall lix the amount of teach- uachen. 
ers' salaries or compensation, and may dismiss them at any 
time for incompetency, cruelty, negligence or immorality; 
shall direct what branches of learning shall be taught m 
each school, and may suspend or eNj)el from the school ail 
pupils found guilty, on full examination and hearing, of re- 
fractory or incorri":ibly bad conduct. Said school direc- u«ve coutr.: e* 

I 1 I'li • 1111 !• tlistnci libfi- 

tors are hereby authorized to receive ana hold, by their »it». 
name of school directors, for the use of schools in the dis- 
rict, any book purchased fur or donated to the district libra- 
ry, and the same shall be kept and controlled and loaned to 
the inhabitants of the district, according to rules prescribed 
by said directors. But the librarian shall, in no case, 
receive any compensation out of the school fund for his 
services. The directors of any district are he reby author- May r.Tpcn<iB«f 
izerl to appropriate any surplus moneys, after pavine: teach- r'"" "'^"<^» •*» 
ers wages and all other necessary school expenses, in any 
year, in the purchase of school libraries and apparatus f)r 
their respective districts. No school site shall be pur- 
chased, nor shall a school house be erected, located, pur- 
chased or changed without the consent of a majority of the 
legal voters of any district at an election; in whicli case 
notice shfll be given in the same manner, and for the same 
number of days a? is required for the election of directors, 
either by the directors or at least ten legal voters of said 
district. Provided, howevevy il a majority of the votes Prorm. 
cast at said election is not obtained for a;.y site, the di- 



■•eiur. 



is:.:. £73 

rectors <!iall liave piwtT to Idcafe nnd huiM a srliool liouse 
wliicli si. all not cost ovtr tlu' sum of ."f^lOOO ; nor shall the 
ciiroctors have power to levy taxes for the j)iMj>nse of ex- 
ten»linor the terms .)f schools for a Ion;;er period than six 
months in each year; nor f\»r the purpose of huihlincj a 
school house to cost over the sum of .^lOOt', without the 
consent of a maji^rit^ of tlie \i)lrs cast at 5-ai(l election. 
The notice shall state the questions to be decided at said 
election. 

or JUDGMENTS ANP r.XKCrTIONS ^flAINST HOARDS OF TRUS- 
TEES OR SCHOOL DIRKCTORS. 

j«»rTr.«,i and § 49. If JM''p;men*^ shall be obtained against any town- 
»r^it*r Vnd u»- slii/> board of trustees or school directors, the j)arty entitled 
to tlie benefit of such jud[ijment may have cxec\>tion there- 
for, as fidlows, to wit : it shall be lawful lor the court in 
which such juilgmcnt shall be obtained, or to which such 
judgment shall be removed, by transcript or appeal from 
a justice of the peace, or other court, to issue thence a 
writ, commanding the directors, trustees and treasurer of 
such township to cause the amount thereof, with interest 
and costs, to he paid tuthe party eutitlev! to the benefit of 
said judgment, out of any moneys, unapproj)riated, of said 
townships ; or if there be no such money?!, out of the first 
moneys applicable to the payment of tlo- kind of services 
or iiMi.i»t. .iiifvv for which such judLrment shall be obtained, 
which shall be received for tin; use of such township; and 
to enftuci; obedience to such writ b\ attiiclinu'nt, or by 
mdfif/dr/ius^ refjuiring such board to levy a tax for the |tay- 
ment of said judgment; and all legal process, as w«'ll as 
writs to enforce payments of a judgment, shall be served 
cither on the president or clerk ol the board. 

EXAMINATION AND (^1 A LIIK: ATIO N OK TEACHERS. 

titi •( ^ ;', I. The school commissioner shall, either by himselfor 
any person or j.ersons whom he shall apj)oint, examine such 
person orperson^ projtosing to teach a commonschool in the 
county, in relation to hi'^ or lier (jualilicutioM to tearh or- 
thography, reading in English, penmanship, arithmetic, 
Erigli«tli grammar, inrxlern geography and the History of 
the Unit<"<l States ; and if he or they shall be satisfied that 
such person Bustains a griod moral character, and is (juali- 
fied properly to teach all thf aforesaid branches, he or they 
shall give su'-h person a cerlilieate of (pialification ; which 
certificate shall be good and valid in said county for two 
years from the date thereof, and »aid certificate may be 
renewed, at its expiration, by indorsement thereon by the 
■aid cr>mtiii''sioner or exuminers. And the said commis- 



««rb«n. 



279 1857. 

sioner m^v revoke sai-] certificate forp;ross immorality, in- '','?yVt"''k'i*.»r- 
coinix'toiicy, or other adeijuate cau<5e. The said cerlifi- m^'^du. 
cate to the teacher maybe in the followin{> form, viz : 

Ii.i.ivnm. is — 



Th" iiKlfrKijrnpd havinjj examined , ■.i\\'\ Ix-ini: aitisfipd (hat porm of rurno- 

-(iisfains a pood moral charactfT, hi-rfby ronifv lliat is qnali- cate. 

fi 'd properly to leafli itie foilouin;^ hranchps, vi/.: or'ho^rrapliy- reailinj; 
in E'lpc'isli, ppiiiaansliif), ari'hinetic. Knp^lisli praminar. modprii [reocraj)liy. 
and til" History of Hie United States; wlii';h certiliciile in >jfoo 1 and valiil 
in said r>tinty for two years from tlie dato liereof, riiipwalile at the option 
of th'' Bcliool commissioner, or of any two members of the board of ex- 
amin'TS, by his or their irahirsnment thereon. 

Giv'Mi tjiiilf r hand, at the date aforesaid. 

A B. School Commissioner. 

c n. ? ^ 

Provided^ that each and every school or pchnoh, of i'r»vi»«. 
whatever grade, established or authorized to be estabhshed • y 
under tiie provisions of this act, shall be a school or schools 
for the purpose (»f teachintr vat ions blanches of an English 
educnti(Mi; and no part of the common school fund, town- 
ship fund, or of any other schof)l fund, shall be paid out or 
appropriated for the establishing, conducting, or the sup- 
porting in any manner of any other character or class of 
school or schools, as aforesaid desigTiatcd : Pruvidid, 
that nothinij herein contained shall i levent the teaching a 
foreign language in a common >Jch()ol, as aforesaid. 

5 51. It shall be llie duty of the school commissioner Meetincn for oi- 

., I .• 1- I 1 I • • c \ aniinatioii tt 

to iix U|)on the time or hohling meetuig.s tor the examma- Uiicu^rB 

tion of teaclicrs, in such places in their respective counties, 

as will, in their opinion, best accommodate the greatest 

number of candidates for examination ; notice of all such P"''''*"**"" •♦ 

I • 1 1 1 • I 1 • notice. 

meetings having been publishea iii some newspaper of gen- 
eral circulation ; and all teachers who do not attend at the 
apj)ointcd time for said examination, shall jiay to the school 
commissioner one dollar for their certificate. 



TEACHKRS — TIIKIR DUTIE.S. 

§ ^rl. No teacher shall be entitled to any portion of the Exhibit c#rn«- 
common school or township fund, or other public lurid, or *^*^° 
be em|)loyed to teach any school under the control of any 
board of directors of any school district in this state, who 
shall not, bi-fore his employment, exhibit to said board, or 
to a committee of said board, a certificate of qualification 
obtained under the provi'^ions of this act; nor shall any 
teacher bo j)aid any portion of t'ne school or public {\\\\i{ 
aforesaid, unless he shall have kept and furnished sched- 
ules as herein directfd: Provided., if the directors of a ProTUo. 
district sliall certify that they are unable to procure a teach- 
er competent to teach the branches required by this act, 



1&5T. 



280 



tho commissioner shall i.^^iie a certificate of (|na]ification 
to teach such branches as said directors may specily ; 
which certificate sliall be \ alid only in said district, and 
for one year. 

^ ')t?. Teachers shall make schedules of the names of 
all scliolars nnder twenty i)r)e years of aj^e, altendiiKjj their 
schools, in the fi»rm prescribed by this act ; and when 
schohrs reside in two or more iiistricts, townships or 
counties, separate schedules shall be kept for each district, 
township or county, and the absence or presence of every 
scholar shall be set down under the proper date, and op- 
posite the name, on every day that school is ojien, and the 
absence of a scholar shall be signified by a hi ink — the 
presence by a mark. The schedule to be made and re- 
turned by the teaclur shall br, as near as circumstances 
will permit, in the following form, viz : 



««Mbt4ui« SCHEDULE of a common school kept by .'J B, at , zn district 

number , in township nvmhcr , ran<re numl)e.r of 

the principal rncriiliun, in the county of , in the statt. 

of JUinois. 











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..:.:..... ::'64 



And said teacher shall add up and set down the wliolo 
number of days' attendance of each scholar, and add up 
(laid whole numbers, and make out the grand total num- 
ber of tints' attendance, as in the, form abovi- jirescribed, 
and sh^ll attach tlo^reto his certificate, which shall he in 
the following form, viz : 

I rerllfy that U»*? for^pniriK nrlicdulr of nrlinlarn .inrtKlinc my Hrhonl. ai 
Uicrrlii riarn«>il,;iiiil ftiilitij,' .m dporilnil In Maul M<l)<iliilr. lo tin- I»chI «t my 
knowtr'lc'! «ri«l iK-li'f. In rorrn-l ; ami that il wan a ncliool fi)r llin ]iiirjioB<^ 
of ttacliitig varion* brancbet of an Kngliali c<liicatinii. 

A. n., Tciiihtr. 



281 1^'T. 

Whrn the teacher shall have completed his or her sched- E<-i,f.iuiri. t« m 

• III I • 1 I 1 I II 1 !• (loUvprwl U *t- 

ule or scheuiiles, a;? above reqiured, lie or slio sliall iJeJiver roctt-n 
it to some one of the directors, and it shall be the duty of 
said director, in connection with one other director of the 
bonrd, to carefully examine such schedule or schedules, 
and, after correcting all errors, and if they shall find such 
gchedule to have been kept according to law, they shall 
certify to the same, as near as practicable, in the following 
form, viz : 

Btate of Illinois, ^ 

Count I) ^ ' ' 

W« tlip niidersiir'H'il, ilirpctors of , in township niiml)Pr , Korro of aeru*- 

ranct* number , i:i llie county aforesriiii, certify that wp havp ox- *^^'^- 

atnitipd thi" CurciMimp: schpdule. and find the same to bo corrpct, and that 
thp school was conductp.l accordiiii; to law. That thprn is now diip 8aid 

C I), tpaclipr, as ppr contract, thp sum of dollars and cents, 

and lliat thp said tcachpr has a jpjjal certilicalc of pood moral character, 
and of qualification to teach a common school (or of such a grade as the 
casp may be ) 

Witness our hands, this day of , A. D. IS.") — 

A. H.. 



^^^■■^^ Directors. 



Which schedule or schedules, certified as aforesaid by at 



Qlud. 



least two directors, shall be filed by said directors with 
the townshij) treasurer; and until such schedule and re- 
port, as aforesaid, shall have been filed as aforesaid, it 
shall not be lawful for said treasurer to pay said teacher, 
or any two members thereof to draw an order in favor of 
said teacher. 

& -Vi School directors shall certify no schedule that Director? iimu«i/« 
reaches back to a tune more than six montlis irom the time jthcaiiio. 
fixed by law for the regular return and presentation of 
schedules to the school directors. Schedules made and 
certifi»'d, as aforesaid, shall, at least two days before the 
first Monday in April and October, be delivered by the 
directors to the tov.nsiiij) treasurer. 

TOWNSHIP TREASURER — HIS DUTIES. 

6 55. The township treasurer appointed by the board Trcf.Minri u 
ot trustee^, shall, before entering upon his duties, execute 
a bond, with two or nu)re freeholders, who shall not be 
members of the board, as securities, payable to the board 
of the towjisiiip for which he is appointed treasurer, witii 
a sufficient penalty to cover all liabilities whicii may be 
incurred, conditioned faithlully to peiform all the duties of 

township treasurer, in township , range , in 

county, according to law. The security shall, be 

apj)roved by at least a majority of the board, and shall be 
delivered by one of the trustees to the school commissioner 
of the proper county. And in all cases where such treas- 



1 ^:.T. 2S2 

urer af^rpsaid i? to have tlip custody of all bonds, inort- 
ga«je.<, nv'iu'ys aiul eflVcts tleiioininatcd principal, and be- 
lonijiiijj to tlie township for which he is appointed treas- 
urer; the penally of s.\id treasurer's boiul shall be twice 
the amount ■•f said bonus, Tiotes, niorl^a^es, moneys and 
elTects. And evtry township treasurer appointed siibsc- 
qu.MU to the first, as herein provided, shall execute bond, 
with security, as is required of the hrst treasurer. The 
b md required in this section shall be in the followmj; form, 
vi/ : 

Stati: ov Ii.t.ivoTP, } 

Count:/.') 

r<rm tt bjwi K')o\v hII men liy tln'sc prospiifs. (Ii.it wc, A B. C D and E F, aro hel(\ 

and firinlv lioninl, jiiintly <iiul 8oviT;illy. unto (lio hoai.l of , in said 

county, id tlu* ponal sum of dollain, for llm |iaymniit of wliiili we 

hind oiirspKos. our hfiis. oxi^cu'ors and adniinislraloiH fniMly liv lliPHe 
pr«»<«.'nt!«. In witness wluTfor, up Ii ivp lioiPiinlo spI our hands anil suala 

this day of . A. I). IH— . 

Tli>* cohditioti of tlip hI)ovp cd)li.;alioti i<» such.tlial if the abovp Uoiinden 

A B. to\vii»ln|) trp.isiirpr of tovvnsiiip . rai:;jp , in the cnunty 

afi>rps-.iiil. sli.ill faitlifiily disi liar;;p all tin- iluli-s of said oIFipp acroidin^ 
to th'' l.iwR which now arp or may hpipaftpr hi> i'l fort p, and sliall dclivpr 
to his siici'p^sor in ofTirp all nioni-y.-i. hoidxs papris, scnirilipa and propprty 
in h's tiands a8 swrh townsliip tip.isurpr. IliPii this oi>!i;;,ition Id be void, 
o b'rw:se to iPiiKiin in full foicp and virtue. 

A. I!. [sEAi,.' 

c. n L.scAL." 

K. F [sK.M. ; 
Ai'provpd and accppU-d bv 

I .1., ' Truslrrs. 
K. L.,^ 

T.»rwiph..ki §;')(». Every township treasurer shall provide himself 

•fHjk'xpao-tufit . , , -' 111 I 1 111 I 

« mnt-T ri- With two Well bouiid t)ooks, tli»' ouc to be called a cash 
*"' book, the other a loan book. He shall charge himself in 

(he cash book with all mnneys received, stidintr tln^ charge, 
when, from whom and on what account received ; and 
credit himself with pII rnoners paid or loaned, the amount 
loaned, the date of the loan, the rate of interest, the time 
when payaMe, the name of the securiti»'S, or if real estate 
be t »k<-n, a description of the same. He shall also <nter 
in Separate accounts moneys received and moneys paid 
oiit,cliarj;irjT the first to dchit account, aiul crediting the lat- 
ter as follows, to- wit : 1st. Tlwr ()rincipal of the township 
fund, when paid in, and when paid out. lid. The interest 
of t!iH township fund, when received and when paid out. 
JJd. Th«' ffimmon school fund, and other funds, when re- 
ceived from th»" school commissioner, atid when paid out. 
4tti. The taxes received from the county collector, dis- 
tirigiiiohing between that for general school purposes and 
that levii'd for the jiurpose of pridonging schools. .0th. 
OMnation<i received, ''th. Mnn«'ys coming iVotn nil other 
itfMirees; and in all cases < ulering the datr whm reei-ired 
and when paid out ; and he shall also arrange and keep 






^f^ru 



liis books and acronnts in 9\\c]\ otiur inanrier ns m;iy be 
dirtMMKl hy lliH state or com tv sii|)«Tiiiti ruleiit, or the 
boiird of trustees. He shall also provide a book, to be 
called a journal, in which he sha'l record liill\ shi) at length 
the acts and proceedings ol' the bonid, their ordeis, by-laws 
and resoliiiions ; which book shall be at all times subject 
to the inspection of said board, or other ])ersoiis authorized 
by this act, or of any coiiunittee appointed by the inhabi- 
tants of the townshij) to examine the same. And he shall 
also provide a book to be ("ailed a record, in which he sliall 
enter a brief description of all notes or bonds bflrngingto 
the township, and upon the o|>posite page he shall note 
down when paid, or any remarks to show where or in what 
condition it is, as in the folh)wing foim, viz : 



M»kcr«> 
niiiuus. 



Dato of note. Wl.cn due. 



A K, O l>. i Jauuiiry lit. 
IK. i I86-. 



Jaimiiry Isl, j 



$90 00 



FoiMi. 



January 6, I8B— , hamlcd to I J, 
c*-i|.. lor collt'<'t»uii (urjan. 6,185-, 
Vaiil.) 



6 57. The toAvnship treasurers shall loan, upon the fol- 
lowing cor.ditions, all moneys which shall come to their T«i<ji.nf«»*. 
liands by virtue of their office, except such as niay be sub- 
j(ct to distribution. The rate of interest shall be ten per 
centi tn jirr anuuni, payable half yearly in advance. The 
time for whicli loans shall be made shall not be less than 
six months nor more than five years. For all sums not 
exceeding onn hundred dollars, loaned for not more than 
one year, two responsible securities shall be giver; ; for 
all sums over one liundrcd dt. liars and for kII loans for 
more than one year, secuiity shall be given by mort- 
gage on real estate, unincumbeied, in value double the 
amount loaned, with a condition that in case additiotial 
security shall at any time be require-d, the same sliall be 
given to the satisfaction of the board of trustees for the 
time being. Notes, bonds, mortgages and other securities 
taken for money or other property, due or to become due 
to the board of trustees (or the township, shall be payable 
to the said board by their corporate name ; and in such 
name suits, actions and complaints, and every descrij)tion 
of legal proceedings, may be liad for the reco\ery of money, 
the breach of contracts, and for every legal liability which 
may at any time arise or exist, or upon whicfi a right of 
action shall accrue to the use of this corporation : Pru- rrort*. 
vif/id, /ifjtrcvrr, that notes, bonds, mortgages and other se- 
curities in which the name of the school commi'i-'^ioner, or 
of the trustees of schools, are inserted, shall be\alid to all 
intents and jiurpT^es ; and suit shall be brought in the 
name of the board of trustees as aforesaid. Tiic wife of 



1S67. 284 

the inorfgaoror (if he has on«^) shall join in the inortn^agft 
i^iv.Mi to N.'i'iire tiu^ payiniMit of nionry loaned by \n tiie of 
the provisions of this act. 

§ "»S. Mortc;as;es to secure the payment of monry loaned 
under the provisions of tliis act may be in the following 
ft)rni, viz : 

«r«»4rtcis« '» A B. of the county of ., anil sLite of •. <lo h(>r«»hy cant. 

convny ami trat.sfer to th.» tioaid of lrii3t>»os of lownwliip lahjije 

, in thi» county of ,, and stale of Illinois, for th"" use of iliu in- 

h.i'iii,in?3 of sail townsliiji. ilie f.illowinsi ilpscnlx'il real emate, towit: 
(Here insert prrinises ) Wliidi roa! estate I .jcrlareto l)e in inorlj; ijv for 

the payment of dollars loaned to me, an-l tor tli>' paynient of all 

interest lliat n>j»y accrue therein, to lie coinputi'd at the rale vl' per 

cent, per annum until paid. And 1 do here!)y covenant to pay the said 

suoi of nioney in veaia from the date hereof and to pav interest on 

the same at the rate alores ud half-yeatly in advance. I ruithor covenant 
thai I have a <jood and rali,! title lo s aid estate, and that Hie s.une is freo 
fiOMj 4II incum'irance ; an.l that i will pay all I iX'-s and is'<-s-i;u'>nts nhich 
may [>■' levied on s ud estate ; and thai I will !riv-> anv addilinnal security 
that may at any lime he reij iired by aai t l>uaril of trustees; aial if said 
estate be sold to pay s lid debt, or any pari thereof, or for any failure or 
refusal to comply with or perform the conditions or coveiiai>ts herein con» 
tained, I will deliver imm»di ite possession of the |)remis"S ; and in con- 
8.d.'ra'.ion of the premises C, wii'e of said A H doth hereby release lo the 
said board ail her ri^'lit ^nd title of dower, in llie .ifoie^'ranlcd premiaes, 
for 'he purposes aforesaid. 

In iHstimotiy where, f we have hereunto set our hands and seals, thi« 

day of , IS — . 

A. 11.. [sr.AL.] 
• C. 1).. [si-.Ai.J 

Which mortorage shall ho acknowledged and recorded, 
as !•< re(jiiire(l hj law for other <;()nveyances of real estate, 
the in trlgagor pa) isig the fxp' uses of aeknowledgineMt and 
reeuidiiig, and filty cents as a fee lo tlie lown.sliij) Ireas- 
ur«r. 

§ .V.I. Upon the breach of any condition or stipulation 
contained in said niortgnge, an action may be maintained 
and damage,'* recovered as upon other covenants; but 
morigagf"? made in any other form to secure payment as 
alon-said shall be valid as if no form had l)e«.'n pre.scribed. 
In istiinafing the valu*- ol real estate mortgaged to secure 
the pd)mef»t of money loaned under the provi.sions of this 
law, tlie value of improvements liablo to bo destroyed .shall 
not b»- imduded. 

§ •) >. In all ca.ses where th«' hoard of trustees idiall re- 
qmr»' additional securit) for lln- j)ayment <>f money loaned, 
and .such security HJiall not t>«. given, the township treas- 
urer tiliall cauMP fliiit lo be instituted for the recovery of 
the same, and all interest thereon, to the date ol judgment : 
Vr iviili'ly tliat proof be m.itJe of tin; said r<'f|uisition. In 
tli»' paym»'iit of d^-b't* by rxfcufors and a()mi/ii><tralors, 
tlioic due the common school or township fund shall have 
a pr»fiTence ov» r all other d»bts, excej>t funeral and other 
expenses attending the last sickness, not including the 









285 185T. 



physiciai 's bill. And it slial! be (lie duty of tbe townsliip 
trcasiirtr to alltiid at tbe otlire of tbe jiiobate justice upon 
tbe piitpiT daj', as otber cieditors, and bave aiiy d» bts due 
as afort>aid probated at.d clashed, to be paid as aforesaid. 

Ji I' l. If default be made upou tbe pa\meutof interest r>ef«n!» id p^ 
due upon money leaned b} any scliool couimissiuner or town- riwi. 
sbip treasurer, or in tbe j)ay ment of tlie principal, interest at 
tbe rate of twelve per cent, per annum sbali be cbar^ed 
upon tbe principal and interest from tie day of delault, 
wbicb sbali be included in tbe assessment of damages, or 
in tbe judgment in suit or action brougbt upon tlie obliga- 
ti n to enlbiee pa\nunt tbereot ; arid interest as aforesaid 
may be recovered in action brongbt to reco\'er interest 
only. And tbe said townsbip treasurers are bereby em- 
powered to bring aj)proj)riate actions, in tbe name of tbe Bring ..nu*. 
board of trustees, for tlie recovery of tbe balf- yearly in- 
tercut, wbcn due and unpaid, witbout suing for tlie princi- 
pal, in wbatever form secured, and justices of the peace 
sbali have jurisdiction in sucb cases of all sums unuerone 
bundred dollars. 

§ 02. All suits brougbt, or actions instituted under tbe /-.i mi iui »!!<»»«►- 
pr(»visions of tbis act, may be brougbt in tbe name ot the |n""i% ,!'J,u"/« 

••* board of trustees of townsbip , range ," ti^cioord 

except as is provided for action qui tam in tbis act, or in 
favor of scbooi commissioners. Tbe townsbip treasurer 
sliall demand, rective and safely keep, according to law, 
all moneys, books and papers of every description belong- 
ing to bis township. lie shall keep tbe tovvn.«liip fund 
loaned at interest; and if on tlie first Monday ot October 
in any year there shall be any interest or other funds on 
bai d which shall not bo required for distribution, sucb 
amount not required as aforesaid may, it tbe board of trus- 
tees see proper, forever be considered as princij>al in the 
funds to which it belongs, and loaned as such. 

§ OIj. On the first Mondays of April and October, of Pfttrmem u> b« 
every year, the town.hij) tioasurer shall lay before the widoctok^r 
board of trustees a statement, showing the amount of in- 
terest, rents, issues and profits that have accrued or be- 
come due since their last regular half-yearly meeting or 
the township lands and townsbip funds, a..d also the amount 
of state and county fund interest on hand. He shall alfo 
lay before the said trustees all books, notes, bonds, n.ort- 
gages, and all other evidence of indebtedness belonging to 
tbe townsbip, for the examination of tbe trustees, and sbali 
make such otber statrment as the board may requite 
touching tlie duties of bis office. 

§ (>4. For any failure or refusal to perform all tl e du- ?">*»•» 
ties ui|uir((l of toivtn^hip treasurer by law, he shall be li- 
able to the board of trustees upon bis bond, to be recov- 
ered by action of debt by said board, in their corporate 



B«»4% mort- 
fUlfi, lb..- , to 



1557. 28G 

name, for tlie r.^o of llie ]uoj>er township, before any court 
hd\ Jiii) jausJietiou of the amouiit of (h^inacjes claimed; but 
it SHiJ trtasurei", in an\ such failure or refusal, acted un- 
der and in confonnity to a requisition or order of said 
board or a majority of them, entered upon their journal 
and subscribed by their president and clerk, then a)ul in 
that case the members of the said board aforesaid, or those 
of them voting for said requisition or order as atoresaid, 
and not the treasurer, shall be liable, jointly and severally, 
10 the inhabitAiiis of the township, to be recovered ay 
action of ov\v/;/j/ni/, in the official name of the school com- 
missioner, for the use of the proper township. 

§ l)'). Wiien a townsliip treasurer shall resign, or be 
removed, ami at the expiration of his term of office, he 
shall pay over to his successor in office all money on hand, 
and dt livr-r over all books, notes, bonds, morti^a^es, and 
all otlu-r securities for money, and all papers an I docu- 
nient.^ of every description, in which the corporation may- 
have any interest whatever; and in case of the death of 
the tiiwnsliij) treasurer, his securities and legal represen- 
tatives shall be bound to comply with the re()uisitii)ns of 
this st'ction. Arid for any failure to com|)ly with the re- 
quisitions of this secti in, he shall be liable to a penalty of 
not l«'s< than ten nor more than one hundred dollars, at 
the di'i-rititn of the court bel'oio which judi^rnent may be 
obt<iiiied ; and tln^ nblaininpj or pa\ment of said judgment 
shall in no wise discha-ge or diminish t!ie ol)ligalion of his 
otheidl l)ond. 

TOWNSHIP AND COUNTY SCHOOL FUNDS. 

RAoo! fmi '.' b« 5 '>'"'• All bonds, notes, mortgaijcs, and t)t|n«r e\-idences of 
•^^•^ ^''; ■ indebtedness, moneys and ellVcts, in the haiHis of any 
•••• school cotnmissioner, trustee of s<'h()ols, township tieasur- 

er, or other officer, or person, and hrlon^^ing to any coun- 
ty or townsliip, and which have heretofoi c accrued, or may 
hrrealter accroe from the sale of tin-, si\if>eiith section, or 
of the common fchool lanls of iiny township or county, 
or for the sale o( any real estate or other property taken 
for any d'bt, or on any judgment, due to the principal of 
any county (»r township fund, anrl all surplus interest and 
other funds which havj; lnj-n or shall hereafter be carried 
to ami made part of the principal of any township or coun- 
ty funds, by any law wliich has lu'retofore be(in or may 
hereafter he enacted, in the hamlof any county, township, 
or ollu-r (ifTn'tT or person, and beIon'.;irig to any county or 
township, and all Hum< arising from tht; 1 )aning or reloan- 
ing of the principal of any tovvrnhij) or eonnty fund, ar« 
hereby diclared to be and slnijl for^vc r hereafter consti- 
tute the j^.rincipal of the township or county fund, to which- 



287 IhiT,. 

ever it may respectively belong, and no part thereof sliall 
ever be distributed or exi)endfd tor aii\ j)iirj)()S»' wliatcver, 
except the interest, rents and profits ihetcof, but sliall bu 
loaned out, and lield to us**, rent or profit, as herein, here- 
tofore or may hereafter be provided by law. 

§ 67. School funds C(dlf cted from taxes levied i)y the srh.ioi niufi^ •• 
orders of the directors, or from the su!e of j)roperly belong- order vt «»ii%-«- 
ing to any district shall be paid out on the or(ier or the di- '*""*' 
rectors; and all moneys and school lunds, lirtl)le to distri- 
bution, not being princij)al, paid into the townshij) treasury, 
or coming into the hands of the township treasurer, Shall 
be paid out only on the older of the ])roper board, signed 
by a majority of the board, or their jiresident and (Ink; 
and for all pa}ments made, receipts shall be taken and liled: 
and in all such orders shall be stated tlie purpose f^r which 
or on what account drawn ; and all sucli orders may be 
in the following form, to wit : 

The treasurer of townsSiip nutnber . ransjo niimbor , ii |-.,rin of ordn. 

county, will pny to or hoarfr, dollara ai.il 



cents, (on liis contract tor repairing ■ s-. himl lioi.sp, or otliorwisf;, as 

tbe case may be.) By order of the board of s^id towi sliip. 

A B, Presiileiit. 
C D, Clerk. 

Which, together with the receipt of tlie person to whom o^dcr ar.rt n- 
paid, shall be filed in the oince of the tuwludiip treasurer. 

[COM.MON SCHOOL FUNDS.] 

§ 68. The common school fund of this state shall con- common Kh<.«. 
sist of such sum as will be produced by the annual levy "" 
and a?se.<sinent of two mills upon each dollar's valuation 
of all the taxable ])roperty in the state ; and there is here- 
by levied and assessed, annually, in addition to the reve- 
nue for state purposes, the said two mills upon each dol- 
lar's valuation of all the taxable proj)erty in the state, to 
be collected and paid, and the amount due from the state, 
according to a statement and settlement of the account be- 
tween the ^tate and that fund, under the provisions of an 
act, entitled '* An act to provide for the distribution and 
application of the interest on the school, college and semi- 
nary fund," approved on the seventh of February, one 
thousand eight hundred and thirty -live, and of all funds 
which have been or may be received byllie .'^tatelrom the 
United Sates, for the use and support of common schools; 
and also of the money added to tlie common school fund, 
which v»^as received from the United States u.ider an act of 
congress providing for the distribution of the surplus rev- 
enue (if the United States, and which was invt sted in bank 
stock by authorrity of thestate, and of the amount added to the 



1V)7 288 

school fund under an act requiring the three per cent, fund 
•r,,,- lo be invested in state bonds : Provufed, that in cases 

where, heretofore, the state taxes have not been collected 
in any county, such county shall not be entitled to a dis- 
iiibution of the collt-ge, sH-niinnry and school fund, for the 
pt riod of time that no such taxes have been collected, and 
that the portion of the fund aforesaid shall in such cases 
be distributed without regard to such county. 
<sr io- ^ (JO. The state sliall [)ay an interest of six per cent, 
jier annum upon the amount of the aforesaid common school 
funds, except on so much thereof as may be realized from 
the levy of the tax directed to be levied under the provi- 
sions of this act, which shall be puid annually, and ap|)lied 
to the support of common schools, as herein provided. 
The state shall also pay, as aloresaid, antl at the same 
time, an interest of six per centum per annum ujion the 
amount due the college and seminary lund ; whicli interest 
shall be loaned to the common school fund, and known in 
this law and apj)lied m all cases as interest on the common 
school fund as aforesaid. 
nw-rf toditor. § TO. On the hrst Monday in January, in each and 
every year next after takhig the censu<; of the slate, the 
auditor of j)ublic accounts shall, under the supervision of 
the commissioners of the school fund of the state, ascer- 
tain tiie number of white child] en in each county in the 
state, under twenty years of age, and shall thereupon make 
a dividend to each county of two-thiids the sum from the tax 
levied and collected under the provisions of the sixty-eighth 
section of this act; and the interest due on the school, col- 
lege and seminary fund, in proportion to the number of 
wlute children in each county under the age aforesaid, and 
of the remaining one-third, in proportion to the number of 
townships and parts of townships in each county, and issue 
iiis warrant to the school commisioner of each county up- 
on the collector thereof. And upon presentation of said 
warrant by the school commissioner to the collector ol his 
county, said collector or treasurer shall pay over to the 
iichool commissioner the amount of said warrant out of the 
first specie funds which may be collected by him, and not 
otherwise appropriated by law, taking said commissioner's 
receipt therefor; and on settlement with the auditor, said 
collector shall be credited with ti.e amount specified in said 
receipt, in the same mann<'r as if it had been paid into the 
treasury. I)i\id(nds shall be marie as aforesaid, according 
lo the j)roportions ascertainc d to be duo to each county 
annually thereafter, until another census shall have been 
taken, and then dividends shall be made and continued as 
^T^,m aforesaid, according to the, last census : Pmiidrd^ that if 

liny eollertor ^hall fail or refii ;e to pay, in gold or s'lver, 
the amount of the aforesaid warrant, or any part thereof^ 



289 1857. 

by the first day of MtAicli annually, or so soon thereafter as 
it may be presented, it shall be competent for the school 
commissioner to proceed against said collector and his se- 
curitie>, in an action of dtdjt, in the county court ; which 
court is hereby vested with full power and authority to 
hear and determine all such suits, r( nder judgment and 
issue execution ; or said suit may be brought in any court 
having jurisdiction ; and the said collector shall pay twelve 
per ctMiiuin, tv) be assessed as damages, upon the amount 
due, and which shall be included in the judgment obtained 
against him. 

COMPENSATION OF OFFICERS. 

§ 71. Collectors of the two mill tax, authorized under cnmpenoiiti.noi 
section sixty- eight of this act, shall only be entitled to two siJuuis." 
per cent, on tlie amount collected by them. School com- 
missioners shall be allowed to retain, out of the township 
funds of the township for which the services may be ren- 
dered, tliree per cent. u|)on the amount of sales of school 
lands, and upon tlie real estate taken for debt, for their 
services in making sucli sales, including such other ser- 
vices connected therewith as are required by the provi- 
sions of tills act, and two per cent, they may retain upon 
the amount of all sums distributed, paid or loaned out by 
them lor tlie support of schools. 

72. Township treasurers shall be allowed to retain Towmhip uoa*- 
two per cent, upon all sums ])aid out or loaned by them, 
except uj)on moneys raised by virtue of any district tax; 
but they shall not retain the said two per cent, unles? the 
money is actually paid in and reloaned to another person : 
^'/7k/, provided, also, that county treasurers shall not be ProTiia. 
entitled to any commissions upon school taxes collected and 
])aid over to them by county or township collectors : ^^Jrid^ 
il is provided, furllier, that the board of trustees may re- 
duce said treasurers' compensation; and said boards shall, 
and it is hereby made their duty, to make a reasonable al- 
low ance to said treasurers for their services performed as 
clerks of saiil boards, to be paid out of the township funds. 
School commissioners, trustees of schools, school directors, 
and all other school officers, shall be exempted from work- 
ing on the roads, serving on juries and military duty. 

LIABILITIES OF OFFICERS. 

§ 73. If any school commissioner, trustee of schools, Li»Miiti«»«t«r- 
lownship treasurer, director, or any other person entrusted °''"™ 
with the care, control, management, or disposition of any 
school, college, seminary, or township fund, for the use of 
any county, township, district, or school, shall convert any 
— li) 



i^.t:. 290 

such ftmtls, or any nortlontlioroof, to Lis own u5»o, lie sliall 
he liable to iiuiiotnient, aid iijion otmviclidn, sliali be fiiu il 
in not less tlian double tlie anio\int of money conveitec!, 
anil itnpri'«oned in the county jail not less than one nor 
more (ban twelve montlis, at tbe discretion of the court. 
§ 71. Trustees of sc'!i;to1s shall be liable, jointly antl 
severally, for the suincie ncy of securilie? taken from town- 
ship treasurers; and in ease of judgment against said 
treasurers and their securities, for or on account of any 
default of any snob treasuier, on which the money shall 
not be made for want of sufficient proju-rly whenon to 
levy execution, actions on the case may be maintained 
acjainst said trustees, jointly or severally, and the amount 
not collrcted on said judgment shall be recovered with 
costs : Prvi'!c/idy that if said trustees can show, satisfac- 
torily, tliat the security taken from the treasurer as nioic- 
sa'd was, at the time of said taking, good arid suHlcient, 
they shall not be liable as aforesaid. 
Lien cjvn tmi ^ ~'>- The real estate of school commissioners, of 

e.i,tofr.mJi« township treasurers, and all other school officers, and of 
the securities of each of them, shall be bound for the satis- 
faction and payment of all claims and demands against said 
commissioners and treasurers, and other officers, as such, 
from tlif date of issuing process against them, in actions or 
suits brought to recover such claims or (hmands, tintil 
salisl'action tin reof he obtained; and no sale or alienation 
of real estate by any commissioner, treasurer or other offi- 
cer, or security aforesaid, shall defeat the Ii< ii created by 
this section, but all and sii.gular such real estate Ik Id, 
owne'l, or claimed as aforesaid, shall be liable to be sold 
in sati'jfaction of any judgment which Uiay be obtained in 
such actions or suits. 

Faiiore u nitko $ 7G. Trustees of sc'ioolt?, or either of tlicm, failing: Of 
reltJsuig to make returns ol childienni tlieir townslnp, ac- 
fordiug to the pro\ isions ol tiiis act, or if either of them 
fihall knowingly make a false return, the party so offending 
shall b** liable to a penalty of not Kss than ten dollars nor 
more than one hundred dollars, to be recovered by action 
of as.si/vij)si/y before any justice of the peace of the coun- 
ty, which penalty, when collected, shall he added to the 
township fund ; and if any selio(d crmniissioner, director 
or trustee, or eitlier of them, or other officer whose duty 
it Is, shall negligmtly or wilfully fail or r» /use to makr, 
furnish, or communicate thr statistics and information, or 
jdiall fail to discharge the duti*'^ rnjoined upon them, or 
either of them, at the time and in tl e manner required by 
the provi = io;is (.f this act, such drlinrjuent or party (tff'tnd- 
in:^ shall be lialde to a fine of twenty- five (lollars, to be re- 
covered bclore aiiy justice of the peace, on information, 
in the name of the people of the state of Illinois, and when 



291 1857. 

collected shall be paid to the school commissioner of the 
j)roj)er comity for the use of schools. 

§ 77. School commissioners, trustees of schools, di- ah omcors ro- 
rectors and township treasurers, or either of them, and "p""""''*'- 
any other otncer hnvinc; charge of school funds or propert}', 
shall he responsible for all loesses sustained by any county, 
township, or school fund, by reason of any failure on his 
or their part to perform the duties required of him or them 
by this act, or by any rule or regulation authorized to be 
male by this act; and each and every of the officers afore- 
said sliivll be liable tor any such loss sustained as aforesaid, 
and the amount thereof may be recovered, in a civil action, 
before any court havinjif jurisdiction thereof, at the suit of 
t!ie stite of Illinois, for the use of the county, townshit), or 
fund inj'ircd ; and the amosmt, when collected, shall be 
paid to the proppr orHcer, for the benefit of said county, 
township, or fund injured. 

COSTS, TEN'UUK OF OFFICERS AND CONTRACTS UNDER FOR- 
MER LAWS. 

§ 73. No j'.istice of the peace, probate justice, consta- n> mm to i>e 
ble, clerk of any court, or sheritT, siiail charge any costs, ufn"ue«" '^'^ 
in any suit where any agent of any school fund, suing for 
tlie recovery of ilie same, or any interest due thereon, is 
plaintiff, and shall be, from any cause, unsuccessful insiich 
suit. Scliool commissioners appointed heretofore shall 
continue in office until superseded, according to t!ie pro- 
visions of this act, and their duties, responsibilities, and 
])Owers shall be governed by the provisions herein named. 
Trustees of school lands heretofore aj)pointed, and trus- Termofom««, 
tees of scliools heretofore elected, siiall, also, continue to 
disciiarge the duties of their office until tru?tees of schools 
are elected under the provisions of this act. Townships 
heretofore incorporated shall, without any further action or 
proceeding, be considered as incorporated under the pro- 
visions of liiis act, and the tru-:tees and other officers shall 
continue to discharge their duties till suspended by ap- 
pointment or election under this lav/; and all school di- 
rectors '\nd officers heretofore appointed, shall continue in 
office until superseded by the election, asprovicled in this 
act, and shall be governed by the provisions of the laws 
heretofore in force, unless otherwise directed b}' this act. 
Leases of scliool lands shall remain ^'alid and be executed Lea'M ruuAia 
according to the laws under whi(!!i they were made. Com- 
mon school lands, valued and offered for salt' and remain- 
ing unsold, shall be sold upon terms prescribed by this act. 
All taxes levied and contracts made under tlie laws hereby 
repealed, shall remain valid, and all rights, remedies, de- 
fsuoes, and caure3 of action existiitg, or which may here- 



185T. 



Of cities yn\ m- 



•203 

after exist or arise, under or by virtue of .aid reper,!. J 
law.,shall continue and remain valid and sl.a 1 be enloro d 
notwithstanding the repeal of s.id law., unless canceled 
according to tlie provisions ol tins act. 

OF CITIKS AND INCORPORATED TOWNS. 

5 79 This act shall not be so construed as to repeal 
or chancre, in any respect, any special acts in relaium to 
schools ,n cities or incorporated towns, except that it shall 
be tl.e duty of the several boards of ecluca ion or other 
offi ers of iny city or incorporated town having in charge 
schools under the provisions of any ot the said ^^-^ ^'■^J'; 
or of any ordinance of any city oi- incorporated (own, o 
or befor^ the second Monday of October F^'f^f ''S;/^' 
re^rular session of tlie general assembly ot this state, or 
annually, if required so to do by the ^tate supenntende t 
to make out and render a statement ot all suo. statistics 
!:;ii other information in regard to schools, and the enumer- 
ation of children or white persons, as required to be co.n 
m micated by township boards of trustees or directo.s 
under the provisions of this act, or so much thereof as may 
be applicable to said city or incorporated town to tl.e 
schoil commissioner of the county where such ci y or n 
corporated town is situated, or ot the county in which he 
far.-r part of such city or town is Situated ; nor shall i 
be lawf d for the county school commissioner or any o her 
otfmer or person to pay over any portion of tbe common 
school fund to any local treasurer, school agent, cleik, 
Wd of education or other officer or p.rson ot any town- 
"■ - shin, city or incorporated town, unless a repor ol the 

nber of children or white persons, and other statistics 
rZ ve to schools and a statement ot such other mlorma- 
ion as are required of the board, of trustees or d.rectors, 
as af^.resaid, 2nd of other school oiiicers and teachers un- 
der the provisions of this act, snail have been filed a he 
time or Uu.es aforesaid, specified in thi, section, with the 
school commissioner of the proper county, as atoresaid. 
6 8iJ. In townships in which there shall be persons of 
■^'•ici^-"" coL the board of trustees shall allow such persons a por- 
tion of the school fund equal to tne amount -J J^^^r in 
lected for sehool purposes from sach persons ot color lu 
tbfcir respective townships. 

ro.MMON SCHOOL LANDS. 

5 81 SecMon number sixt^^en in every township granted 
y°^* , .. TT •. I ot...,„ f^.. ♦!,« ii«f' of schools. 



ua(U. ^., . . I .. »!.„ TT..:f...l «fa«f.ii for the use ot schools, 

an( 
mi 



, the 8tate by the United States for the use ot schools 
nd such sections and j.arts of sections as have been or 
"ay be granted as aforesaid, in lieu of all or part of section 



293 



1857. 



number sixt«?en, and also the lands wiiich have been or 
in?.y be selected and granted as aforesaid, f'nr the nse of 
schools, to the inhabitajits of fractional townships in which 
there is no snction number sixteen, or wliere stich section 
shall not contain the proper proportion for the use of 
schools in sucii fractional townships, shall be held as com- 
mon school lands; and the provisions of thiri act referring 
to common school lands shall be deemed to aj)p!j to tiie 
lands aforesaid. , 

§ 82. All the business of such townships, so far as re- 
lates to common school lands, shall be transacted in that 
county w!iich contains all or a greater portion of said 1: nds. 
If any person shall, witiiout being duly authorized, cut, 
fell, box, bore, destroy or carry away any tree, sa()ling or 
log standing or being ui)on any school lands, such person 
shall foifeit and pay for every tree, sapling or log so fel ed, 
boxed, bored, destroyed or carried away, the sum of eight 
dollars ; which penalty shall be recovered, with costs of 
suit, by an action of debt or- assumpsit, before any justice 
of the peace having jurisdiction of the amount claimed, or 
in the county or circuit court, either in the corporate 
name of the board of trustees of the township to which 
the land belongs, or by action q{ qui tarn, in tiie name of 
any person who will tirst sue for tlie same — one-half for 
the us€^of the person sueing, the other lialf to the use of 
the townsiiip aforesaid. When two or more persons shall Trespass. 
be concerned in tiie same trespass, they shall be jointly 
and severally liable for tlie penalty herein imposed. Every 
trespasser upon common school lands shall be liable to 
indictment, and uoon conviction, fined in three times the 
amount of ihe injury occasioned by said trespass, and shall 
stand committed as in other cases of misdemeanor. All 
penalties and fines collected under the jirovisions of tin's pjnaujeo 
section shall be paid to the townshij) treasurer, and be 
added to the principal of the towiiship fund ; and all other 
fines, penalties and forfeitures imposed or incurred in any 
of the circuit];courts of this state, or collected by justices 
of the peace or other county officers, except fines collected 
in inco''porated towns or cities for the violation of the by- 
laws or ordinances of said towns or cities, shall be paid to 
the school commissioner of the county where such fines, 
penalties and forfeitures have been collected, and the same 
shall be distributed by said commissioner in ihesame man- 
ner as the common school funds of the state are distributed ; 
and if any county officer or justice of the jieace aforesaid 
shall fail or refuse to pay as aforesaid, after collection, such 
officer or justice of the peace, so failing or refusing to pay 
as aforesaid, shall forfeit and pay double the amount of such 
fine, penalty or forfeiture as aforesaid, collected by him, to 



1557. 294 ' ^ 

— i 

be rt'covereil before any court having jurisdiction, in a " 

civil action, at the suit of tiie school commissioner. 

SALE OF COMMON SCHOOL LANDS. ^ 

s«'e pj »cDwi ^ 83. When the inhabitants of any township or frac- 
tional township siiall desire the sale of the commoJi school 
lantl of the township or fractional townsliip, they shall pre- 
sent H petili Ml to the school commissioner of the county in 
wiiich the sciiool lands of the township, or the greater part 
tliereof, lie, for the sale thereof; which petition sliall be 
signed by at least two-tliirds of tlie white male inhabitants 
of the township or fractional township of and over twenty- 
one years of i\-^e. The signing of tlie petition must be in 
the prisence of two citizens of tlie township, after the true 
meaning thereof shall have been explained ; and when 
signed an alHdavit s!iall be aifixed thereto by the two citi- 
zens, proving the signing in the manner aforesaid, and 
.'Slating tiie number of wiiite male inhabitants in the town- 
sliip or fractional township of and over twenty-one years 
o( age; and saivl pelitioi;, so proved, shall be delivered to 

pt*tii«. tile school commissioner lor his action thereon : Frovidcdy 

that no whole section shall be sold in any township con- 
taining less than two hundred ii;habitants ; and common 
sciiool lands in fraction.d townshij)S may be sold wjien the 
number of inheibltants and number of acres are in the ratio 
of two iiundred t.) six hundred and foity, but not before. 
?e s o I viie § S-1. When the petition and aiBdavits are delivered to 
the school commissioner as aforesaid, he shall notify the 
tru>lees of said township tiiereof, ai d said trustees shall 
immediately proceed to divide the laiul- into tracts or lots 
of such form and qu;ititity as will jiroduce the largest 
am^)unt of money ; and after making .such division, a cor- 
r»»ct plat of the same shall be made, representing all di- 
vision', with each lot numbered and defined, so that its 
bounl.iries may be forever ascertained. Said trustees 
sliall then fix a value on each l(;t, having regard to the 
term? of sale, certifj to the correctness of the plat, ftating 
the value of c^ich lot per acre, or per lot, if less than ono 
acre, and referring to and describing the lot in the certifi- 
cate) so as fully and clearly to distinguish and identify each 
lot; whi"h jjlats antl certillcdte shall be delivered to the 
school C(>mmissi()ner, and shall govern him in advertising 
an i selling said lands. 

B-i-^intj/m vf § S.y In subdividing common school lands for sale, no 
li>t shall contain more than eighty acres, and the division 
rnay be made into town or vilhige lots, with roads, streets 
or alleys between them and through the .same ; and all such 
divisions, with all similar divisirtns hereafter made, arc 



Und tAWiwU. 



UU 



'J9o 1867. 

Iipreby declared Je|T;al ; and all siicli roads, streets and 
allc\'j, public liioliwa}!?. 

§ 8G. T KMerms of selling common scliocl lands sli all Terms cfseuins. 
be to tbe bigliest bidder, I'or cash, with the privilege to 
each purchaser of bi«n owing from the school conindss^ner 
the amoi.nt of his bid lor any period not less than one or 
more than five years, upon his pa)ing interest and giving 
security, as in case of monej loaned by township treasurer, 
as [)rovided in this act. 

§ 87. The place of selling common school lands shall Pi»<:e oiteuiag. 
be at the court house of the connly in which the lands are 
situated; or the trustees of schools may direct tlie sale to 
be made on t!io premises; and upon the receplion by the 
school commissioner of the plat and certificate of valuation 
from the trustees, he shall proceed to advertise the said 
land for sale, in lots as divided and laid off by said trustees, 
by posting notices thereof in at least six p(\blic places in xoUce. 
the county, forty da}S next anterior to the day of sale, de- 
sciibing ll)e land, and stating the time, terms and place of 
sale ; and i( any new.*paper is published in said county, 
said advertisement shall bo printed therein for four weeks 
before the d^y of sale — if none, then it shall be sold under 
the notice aforesaid. 

§ 88. Upon ihe day appointed, tb.e school commissioner sciio«i commie- 
shall proceed to make sales, as follows, viz: lie shall be- ;Xf ^" '"^" 
gin at the lowest number of lots and proceed regularly to 
the highest, till all are sold or offered. No lot shall be 
sold for les5; than its valuation by the trustees. Sales shall 
be made between the hours of ten o'clock A. M. and six 
o'clock P. M., and may continue from day to day. Tiio 
lots rdiall be cried separately, and each lot ciied long enough 
to enable any one present to bid who desires it. 

6 89. U[)on closinc: the sales each day, tlie purchasers Pirment to i>« 
shall each pay, or secure the payment of the purchase 
money, according to tb.e terms of sale; or in case of his 
failure to do so by ten o'clock the succeeding day, the lot 
pvirchased shall be again offered at public sale, on the same 
terms as before, and if ilie valuation or more shall be bid, 
shall be stricken off; but if the valuation be not bid, tne 
lot shall be set down as not sold. If the sale is or is not 
made, the former purchaser shall be required to pay the 
difference between his bid and the valuation of the lot; 
and in case of his failing to make such pa) ment, the school 
commissioner may forthwith institute an action of debt or 
assumpsit, in his name, as c )mmissioner, for the use of the 
iiihibitan'.s of the township where the land lies, for the re- 
quired sum ; and Uj)on making proof, shall be entitled to 
judgment, with costs of suit; which, when collected, shall 
be added to the principal of the township fund. And if the 
emount claimed does not exceed one hundred dollars, the 



1S5T 



i:9(i 



suit may be instituted bet".)re a justice of the peace ; but 
it" iiKire tliau that sum, then in t le circuit court of any 
couutv wliereiri llie parly may bo found. 

ruaoM isn-j* § HJ. All laiuls not sold at j>ubIio sale, as herein pro- 
•Tr*iu*iic^ '^ vitlt^d lor, sliall be subject to sale at any time tliereattcr, 
at tbe valuation ; and scliool commissioners are autliorized 
a«id required, when in llieir power, to sell all sucli lands at 
private sale, upon t!ie terms at wiiicli tliey are oflcred at 
public sale. 

Tnwtew In Mnsc § 'Jl. lu all cascs Nvlierc common school lands have 
» 0-* viiujiiua jj^jj,,, Jieretolore valueil, and have remained unsold lor two 
years, alter having been offered for sale, or shall hereafter 
remain unsold lor that lergth of time, after being valued 
ami olFerod lor sale in conformity to this act, the trustees 
of scliools where sucli lands are situated m 'y vacate the 
valuation thereof, by an order to be entered in book A, of 
the scIiodI commissioner, and cause a new valuation to be 
made, if in their opinion the interests of the township will 
hf promoted thereby. They shall make said second valu- 
ation in l!ie same mann»'r as the fust was made, and shall 
deliver to the school commissioner a j)lar, of such second 
valuation, with the order of vacation, to be entered as afore- 
said ; whereupon said school commissioner shall proceed 
in selling said lands in all respects as if no lormer valua- 
tion had been made: Prora/u/, that the second valualion 
may be made by the Irustets of schools, without petition, 
as provided in this act. 

§ i.'2. Uj)on the completion of every sale by the j)ur- 
chaser, the school commissoner shall enter the same on 
book B, and shall deliver to the purchaser a certificate of 
purchase, stating therein the name and resitli-nce of the 
purchaser, desctihiiig the land and the price paid there- 
for; which ceilificate shall be evidence of the facts therein 
stated. 

§ [}o. At the first regular term of the county court in 
each _\ ear, the school commissioner shall present to the 
court of his county— first, a statenw-nt showing the sales 
of school lands made subsefjuent to the lir.-t regular term 
of the previous jeai, which shall be a true copy ol the sale 
book, (book IJ;) si-cond, statements of the amount oi' 
money received, paid, loaned out, and on hand, belonging 
to *»arli township or fund undtT his control — the statenunt 
ofraeh fund to be separate; lliirrl, statements copied from 
hi« loan bo'ik, (book (',) showing all the facts in regard 
to hMiis winch are re(juired tcj be stated upon the loan 
book ; all of which the county court shall thereupon,ex- 
ainine and compare with the vouchers, and the said county 
court, or so many of them sic rnay l)e present at the term 
of the court, sIimII be liable iii<l i\ id uiilly lo the lund injured, 
and (o the securilien of vaid sc hool cumuiissiouer, iu case 



TT>r\m. 



purtliAie. 



Sif 



'291 1857. 

judgment be recovered of said securities, for all damages 
occasioned by a neglect ol' the duties, or any of them, re- 
quired of them by tins section : Provzc/ed, nothing herein I'rovis.. 
contained shall be construed to exempt the securities of 
said school commissioner from any liability as such securi- 
ties, but they shall still be liable to the fund injured the 
same as if the county commissioners were not liable- 

^ 94. Tiie school commissioner shall also, at the time TraiiBcnpt to he 

* • • 1 Ti i'li- ' ^ /•!! furiii>lif<l tb« 

aforesaid, transmit to the auditor ot public accounts a luil au.iit..r. 
and exact transcript from book B of all the sales made sub- 
sequent to each report. The statement required to be 
presented to the county court, shall be preserved and 
copied by the clerk of said court into a well bound book, 
kept for that purpose, and the list transmitted to the auditor 
shall be filed, copied and preserved in like manner. 

5 95. Every purchaser of common school land shall be Pm-chaiprs i« 

:.,i , , i. . i' ii J. i • I • receive patent. 

entitled to a patent irom the state, conveying and assuring 
the title. Patents shall be made out by the auditor from 
returns made tn him by the sciiool commissioner. They 
shall contain a description of the land granted ; and shall 
be in the name ot and signed by the governor, counter- 
signed by tlie auditor, with the great seal of the state 
affixed tliereto by the secretary of state, and shall operate 
to vest in the purchaser a perfect title in fee simple. When 
patents are executed as herein required, the auditor shall 
note on the list of sales the date of each patent, in such 
manner as to perpetuate the evidence of its date and de- 
livery, and thereupon transmit tiie same to the school 
commissioner of the proper county, to be by him delivered 
to tiie patentee, his heirs or assigns, upon the return of 
the original certificate of purchase ; which certificate, 
when returned, shall be filed and preserved by the school 
commissioner. 

§ 96. Purchasers of common school lands, and their Dupucr.ie copiei 
iieirs and assigns, may obtain duplicate copies of their cer- 
tificates of purchase, and of pateiits, upon filing affidavit 
with the school commissioner in respect to certificates, 
and with the auditor in respect to patents, proving the loss 
or destruction of the originals ; and such copies shall have 
all the force and effect of the originals. 

ACTS REPEALED — rPUDLICATION AND DISTRIBUTION OF TH£ 

ACT. 

§ 97. An act entitled "An act to establish and maintain Acts repwitd. 
common schools," approved February 12th, 1849, and an 
act to amend said act, approved February I'Jth, 1851, and 
an act entitled "An act to increase the school fund," ap- 
j)roved Ftibruary loth, 185:'., and all other acts and parts 
of acts coming in conllict with the provisions of this act, 
—20 



1S">7. -298 

are liere>)y repealed. Tliis act to be in force from anil after 
its passage. 
Numi*ri>r.-j.io» § ^.^S. The public jirintor is iiereby required to ])rint 
•mMwinvM-i^'' 'I'ty tliousand copies olthis act, under the direction of the 
superintendent of public instruction, who shall first make 
a perfect index hereto, to be distributed by him according 
to population and territory, among the several counties of 
the state, and deposited with school commissioners, to 
be distributed by tht in to the ditferent officers under this 
law. 

.Vpprovkd Ft !). id, 1857. 



»«yle 



' '^'Xs-'* "* ■'^'*' '^^T fur Hie pstahlishmeiit and maintenance of a Normal University. 

Sectio.n 1. Bt it enacted hy the people aj the stale of 
llluwif, represented in the Generdl ^^'hseinbh/. That C. B. 

c.riK>r»ior.. Denio, of Jo Daviess county, Simeon Wright, of Lee county, 
Daniel Wilkins, <>f McLean county, C. E. Hovey,» if Peoria 
county, George B. Ilex, <>f Pike county, Samuel W. Moul- 
ton, i>f Shelby connty, John Gillespie, of Jasper county, 
George Bunsen, of St. Clair county, Wesley Sloan, of Pope 
county> Ninian W. Edwards, of Sangamon county, John 
P]den, of .Moultrie county, Flavel MoseJy-. of Cook county, 
Wm. II. Wells, of Cook county, Albert R. Shannon, of White 
county, and the superintendent of public instruction, v.r 
officii)^ with theirassociates, who .«:hail be elected as herein 
provided, and their successors, are hereby created a i)ody 
corporate and politic, to be styled "The Bonrd of Educa- 
tion of tiie State ot Illinois," and by that name and style 

s«i»#r»i power., si, all Ijavc perpf'tnal succession, and have ])ower to con- 
tract and be contracted with, to sue and be sued, to plead 
and be impleaded, to acquire, hold and convey real and 
jiersonal property, to have and use a common seal, and to 
alter tiie same at pleasure ; to make and establish liy-law.v 
and alter or repeal the same as they shall deem necessary 
for the government of the normal university hereby au- 
thorized to be established or any of its departments, offi- 
cer.^, students or employees, not in conflict with the con- 
stitution and laws ot tiiis slate, or of the United States; 
and to have and exercise nil powers, and be subject to all 
duties usual and incident to trust«!es of corporations. 

rt(^ini«n>iMi. ^ 2. The superintendent of public instruction, by vir- 
ture of his offire, shall be a member and secretary of said 
board, and dliall n-port to tlie legislature at its rt^gularses- 
»ion.s the condition and expenditures of said normal uni- 
vrrsity, and eommunirate such further information as the 
said board of eduration or the legislature may <lirect. 



299 1857. 

§ o. No member of the board of etlucatioii sliall re- Mtn.bors not t.i 
ceive any compensation lor attendance on llie meetinf^s ot banuu. 
the board, except his necessary traveling expenses; wliich 
shall be paid in the same manner as the instructors employ- 
ed in the said normal university shall be paid'. At all the 
stated and other meetings of the board called by the pres- 
ident, or secretary, or any five members of the board, five 
members siiall constitute a quorum, provided all shall have 
been duly notified. 

5 4. The objects of the said normal university shall be <";'•'' "'a"'"^'' 
to qualify teachers for the common schools of this state, by 
imparting instruction in the art of teaching, in all branch- 
es of study which pertain to a common sciiool education, 

in the elements of the natural sciences, including agricul- 
tural chemistry, animal and vegetable physiology, in the 
fundamenlallawsof theUnited States and of the stateof Illi- 
nois in regard to the rights and duties of citizens, and such 
other studies as the board of education may from time to 
time prescribe. 

6 5. The board of education shall hold its first meet- Timoor mcetinR 
mg at the otiice ot the supermterdent or public instruc- cjium. 

tion, on the first Tuesday in May next, at which meeting 
they shall appoint an agent, fixing his compensation, who 
shall visit the cities, villages and other places in the state, 
which may be deemed eligible for the purpose, to receive 
donations and proposals for the establishment and main- 
tenance of the normal universit}'. The board shall have 
power and it shall be iheir duty to fix the permanent loca- 
tion of said normal university, at the place where the 
most favorable iTiducements are offered for that purpose : 
Provided^ that such location shall not be diflicultof access, 
or detrimental to the welfare and prosperity of said nor- 
mal university. 

§ 0. The board of education shall appoint a principal, A|)|K>ini i.rii.n- 
lecturer on scientific subjects, instructors and instruc- p''^'""*"^""'' 
tresses, together with such other officers as shall be re- 
quired in the said normal university, fix their respective 
salaries and prescribe their several duties. Tiiey shall 
also have power to remove any of them for proper cause, 
after having given ten days' notice of any charge which 
may be duly presented and reasonable opportunity of de- 
fence. They shall also prescribe the text books, aj)para- Textbook. 
tus and furniture to be used in the university, and provide 
the same ; and shall make all regulations necessary for its 
managemmt. And the board shall have ])ower to recog- 
nize auxiliary institutions when deemed practicable: Pro- Provide auxui- 
r/</.</, that such auxiliary institutions shall not receive any "'" 
appro[)riation from the treasury, or the seminary, or uni- 
versity fund. 

§ 7. Each county within the state shall be entitled to 
gratuitous instruction for one pupil in said normal uni- 



1^57. SOO 

BjKb conntT eii- versity; aiul eacli rejircsentutive district shall be entitled 
uoo* *»!^^ to gratuitous instruction tor a number of pupils equal to 
iwu ror pupil*, ^jjjj number of representatives in said district, to be chos- 
en in the tollowin^jj manner: The school commissioner in 
each county shall receive and regisUM* the names of all ap- 
Appiicition of plicants for admis.<ion in said normal university, and shall 
*^''' *■ present the same to tlio county court, or in counties act- 

ing under township organization to the board of supervis- 
ors, which said county court or board of supervisors, as 
the case may be, shall, together with the school commis- 
sioner, examine all ipjilicants so presented in such man- 
ner as the board of education may direct, and from the 
number of such as shall be found to possess tiie requisite 
s«!e<:;cai.« i.i. qualifications, such pu])ils shall be selected by lot; and in 
representative districts comj)Osed of more than one county, 
the school eonimissioner and county judge, or the school 
commissioner and chairman of the board ol" supervisors, in 
counties acting under township organization, as the case 
may be, of the several counties composing such represen- 
tative district, shall meet at the clerk's office of the county 
court of the oldest county, and from tiie apj)licants so pre- 
sented to the county court, or board of supervisors, of the 
several countirs represented and found to possess the re- 
quisite qualifications, shall select by lot the number of jii- 
pils to which said district is entitled. Tiie board of edu- 
cation shall have discretionary power, if any candidate 
R«^nir*<« in nie floes not ."^ign and file with \\iv. secretary of the board a 
ec >r« loo. declaration that he or she will teach in the i)ublic school 
within the state, in case that engagements can be secured 
by reasonable efforts, to require such candidate to provide 
for the payment of sue !i fees for tuition as the board may 
prescribe. 
Approrvri-ition ^ S, Tlic interest of th<' university and seminary fund, 

or such part thereof as may be found necessary, shall be 
and is hereby appropriatetl for tin- maintenance of caid 
normal university, and shall i)i' j)aid on the order of tlui 
board of education from the treasury of the state; but in 
no case shall any part of the interest of said fund be ap- 
plied to the j)urchase of sites, -ir for buildings for said uni- 
versity. 

§ '.'. The board shall hav«' pnwer t<» ap[)n>priate the 
one thousand dollars receivi-d from the Messrs. Meriams, 
• »f Springfield, Massachusetts, by the late superintendent, 
to the purehaye of apparatus for the use of the normal 
university, when established, and hereafter, all gifts, 
grant.s and demises, which may be made to the said n<ir- 
mal university Rhall be applied in accordance with the 
wished of tfic «ionors of the; same. 
Ttnn '.< •«'# § 10. The board of corj)orators herein named, and their 

•uccesflofSy shall each of them h 'Id their office for the term 



3i)l 1857. 

of six years: Provided, that at tlie first meeting (tf said 

board, the said cor[)orators shall determine by l<»t, so that 

one-third shall hold their office for two years, one- third for 

four years, and one-third for six years. The governor, by ^',5'|7J^''"^'' '""^ 

and with the advice and c«»nsent of the senate, shall fill all 

vacancies which shall at any time occur in said board, by 

appointment ol suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each R""' p>""ient. 
biennial meeting thereafter, it shall be the duty of said 
board to elect one of their number president, whi> shall 
serve until the next biennial meeting of the board and un- 
til his successtir is elected. 

6 12. At each biennial meeting it shall be the duty of Apiwmimeni of 

,•>, , . iiiiii trea>iur»r. 

the board to appomt a treasurer, who sliali not be a mem- 
ber of the board, and who shall give bond with such secu- 
rity as the board may direct, conditioned for the faithful 
discharge of the duties (»f his office. 

§ lo. This act shall take effect on and after its j)assage, 
and be published and distributed as an appendix to the 
school law. 

Approved Feb. 18,1857. 



AN ACT aiithoriziiii; the school directors of district No. one, in townsliip >■ '"xf ^'^^- '*> 
No. twenty-four north, range four cast, to sell school house and lots be- '^^^• 

longing to said district. 

Section 1. Be it enacted by the people of the state of - 
I//i)wisy represerited in the General Asserahly , That the 
acting school directors of district number one, in township Dircr(ors,iHihr.r- 
number twenty-four north, of range number four east of ^^nani."*^" 
the fourth P. M., in Carroll county, Illinois, be and they 
are hereby authorized and reqtiired to sell the school house 
and lots on which the same is situated belonging to said 
<listrict, to wit: Lot number ten (l'>) and a part of lot 
number nine (0,) being one rod wide and across the west 
•^nd of said lot number nine, all in block number twelve, 
in the town of Ml. Carroll, as laid out by Nathaniel Hal- 
derman,and in their names as school directors of said dis- 
trict to execute good and sufficient deeds to the purchaser 
or purchasers thereof, wliich deed or deeds shall have the 
same force and effect as if made and executed by tlie trus- 
tees of schools of said townshij). 

§ '1. That the money arising from the sale of said school K^t t" i«'.i part 
house and lots shall not ever be a part of the school fund " "^"^ 
of said township, but the same are hereby given and granted 
to said school district for the purpose of building a new 
school house in said district. 



IS 57. 302 

i>.f,vi..i> u. P...V § o. The said school directors, on receipt of tlie pur- 
trt^urer** '" chase inoiiey for said school house and lots, shall pay the 
same to the treasurer <»t"said township, which money shall 
remain in the treasury «>f said township, subject at any time 
to be paid out on the draft ol" said school directors to any 
contractor furnishing materials or any person employed by 
said school directors in building or constructing a new 
soh.'.'l house in said district. This act to take effect from 



and after its passage. 

ApraovKD Feb. IS, 1S67. 



In fore* April 20. AN ACT to legalize the acts of the coininissioiiersof hipluvays in the town 
ttiW. of Bloomiiigdale, aiul county of J)u Papjc. 

Section 1. Be it tnactcd ht/ tlic people oj ihc slate oj 
//tinois, reprefiented in the General %Jsseinbly^ That the 
acts of the commissioners of iiighways for the town of 
Bloomingdale, in the county of Du Page, in surveying, 
laying out and establishing roads and public highways in 
said town, from Aj)ril 17th, iN'il, to February 12th, ISo;., be 
and the same are hereby legalized and confirmed, so far as 
they have been opened and worked; and all roads surveyed, 
laid out and opened by them are hereby declared public 
highways. 

AiTRovKP Feb. IC, 1857. 



Xntare* Ye\>. \h, AN ACT fixHi;^ Ihc tiirip of holdinj; t!io ciniiiL ckiiiI of ftloiiroe comily, 
l^Vi. ill (lie Bccoiid jiiiliciiil circuit. 

Skction 1. lie it enacted hi/ the jjeoj/lr (>J' tite stale of 
Illinois, rejireserited in the General ,dsseiii!>l//, That here- 
iiinc ..f I...I.11..E after the circuit courts l^r the c-iuiity of Monroe, in the 
second judicial circuit, shall he li<>lden at tlie court house 
in said county '»n the second Mondays of April and Sep- 
tember. 

§ 2. All writs, recognizances, subpd'iias and other pro- 
ce.s.s which may have been 'r may be issued out of and 
made returnable t- the next term of the circuit court as 
heretofore required to be holden, shall be deemed and 
taken to be r«;turnablc to the next term of paid court, as 
r«'fjuired to be h'-lden undf-r this act; and all notices which 
may have been ..r may be given, either by j)ublication or 
o'herwise, with reference t" tlie next term of said court as 



c«iirt. 






«03 i.sr,7. 

heretofore required to be holden, shall by force of this ar- 
ticle refer to the next term of said court as herein required 
♦o be holden; and all proceedings pending in said court 
shall be taken uj) and disposed of as if no alteration had 
been made in tlie time of holding said court. 

§ •>. Tiiis act shall take effect and be in force from and 
after its passage. 

Approved Feb. 10, 1857. 



INDEX TO CEINEKAL LAWS. mi. 



I'AC;:. ' I'AGF. 
A. 

Appropriat\ctit, to Arir.stror.g &, Con. 

Action* on ponsl bond*. Set prnctica ui-Hv. 244 

ill i;j li rirciiit, 211 Ameiicau Cxcli:ui<re Ilaiik New 

Ada'ni ciiunty, ciicuitcourt, when held. 27 York, 247 

Bvv.iiup I.Hil ill, iict to reclaim, •••• \iJo Biicli:ill. C, '-i43 

•tatc roul from (J'liricy to PittsfiM'l ! Hai rcU, Junue A.., '^^'-i 

(••caled. 5'J ljn.,ii,j., 21(5 

itiiie 1 0.1(1 fioui Bevirly to Siivcart/ JJai.haclie & lUker, --l? 

IiUi.k r.'.i.l. " '.:...". 81 Biilvy, UicUird. 244 

A'ielsperL'T, Wdii.un L , coir»tui9i*iL.iier Cool.. D. B- Si Co., 't->^, 21.3 

to jocntp road. *•••• 172 Cauii)!je!!, Thomas 11 243 

Alarnt. A>igii«t.n. See Ku.-».!s, 177, C.iir,i!i, la.' ic I'.., 2ir> 

Aiiuii.ii«'.ri4lor» to sell rral estatt; of lie- ' ('ausihliii, Tiuiolhy, 24-> 

cea«ed p^iions in cerliUn Crtscs, 13S Ciiiinirii(hain. John, 246 

Ajricultural f<iir proiui'ls, act lo j.ie- Clifford, Goorge A., 247 

vfiii ta!*" <>r Hpiiitnoiis liquors .411.1 j City of Alton. 21.') 

oihri s»rti.'le3 on or near, 7",)! Dod^^e, Hcv. Mi 211 

iUstiiiic>! fioin, 7'.) I Doyip, M. &. C'T.. *• 214 

jjormi'.t jiiinted by president of, •• 7'.' i Dennis T J, 241 

jifeiiHltien for ttre.ich, how collecieil, Hi) \ JJennia & B'^ani, •••• 241 

county societies itic<>rp irated, •••• liU IJorwi!) ^ Dickev, 24ii 

appri>;.na!ion in aid tf. Ml' Dunham. J. if., •'• 247 

to B.Ai« .TjjricuUiir.il s-'cioty. I'J") Diller, ls;i.ic II 2ll 

A'.tXdfiiUr lowniy, d.ity atid fe»s <.£ M- J).)llin.iii & Cir^iliani, 241 

corder of. ". i:r, IMwiirds, .\. W., 213 

timf of holding riicnit court i'l,- •*• -t , IC^an, Kdward, 21J 

Ame», An^nstiis. S'e Ko.id?. fiV , l>k,J., 24.') 

Ames. Mill y A., act for relief of. 2!l7 i kjstnian C.ilvin L. 247 

American Kxchinre Bank. Sf.w Yi)ik. _ I'ondev. W. B., 243 

Sf** Ai'propri.iiions. 217 ' FiaiK't'ia, Anie«. 241,24.') 

Ar.d-rson, J.uf.i-i. S-^e R '.ids. Hu Karnswoilh, W., 247 

Appi^a B iiicrimJiKtl and ';!u/(i»» acliovi Ifaic. ll*v. *Mr., 241 

Ajipopriation^, partial, to defray ex- Hoii|;h, J., 243 

pcnse* oif liie ^enf;ral asfO'iiil/ly.. 21 llighce, A. J., 243 

i^eiieral, to menbers and olHcers of llelmle, Win., 244 

pei!eril«saei,T!j:y, ;?"•' liay. N.iiherg, 24.'> 

for i;;!^:*';* o:' public orticr-rs,- •• • _..' llopkiiiS. C, 2 li> 

for or.lmary an 1 continue,. >■ . ■ liilchinsrMi. J., 24r» 

peii«r« to lUe governjiient, 211 Ilyile, Williau), 247 

to bmi.l •■.preme court and librny ; jolirtann i: Brulford, '-44 

room f</i the ttiirtlirrand divis;o:i, 34, Johnson, Joel, 24t) 

to p'lichan books for libraries «f Koerner, Giislavusi, 247 

• •piein(> court, -1 J Keen 6c Lee. •'>'•' 

to the •»**.• am i.-)luir,»l tociety,.. I'J 1 Lanphier &, Walker, 2:i 

to c<iii;i'.3f Asrimltiiral soci^tie^,-. 1 '.1 I,cl/.. F.. 211 

tolhedeaf auJduinbln»tltntion, fi2. IV' Miner, Rev. Mr., 241 

24rt ';;7 Marvin, Rev. Mr , 241 

to (lie bo-.pi«*! forlhe Insane, 14S, UUv Moody, S. B.. 24') 

to ihp ins'itntion f:)r the lilind,.... i>:t! Moore, John,. 241 

to biiiJ an additional periitefiti.iry, IS! ! ^Ialv^dy, 3( hn, 21') 

to repair loif of state Jjoii(»e, •.*"..'• M.tI»ppo!i, Jovl A., 24fi 

to hiiisii rooms ia basi m'int of ; Mailicny, C. M., 210 

■Ut« bjose, 4. Opdycke, Stacy JB., 1^3 

—21 



l'^-] 



13i)SX. 



Appr<»i»r:A'.ioi.*. to Owpn, !M. n.. -•** j Auditor of puhMr account!*. S.-f lili- 

Pi*r-> 'i. K.-V. Mr.. 241 jiri's livor j»n|uovciiiciit, "214 

Pa.;-:.-. .N. H.. 43, 8.^«.,,v of. 23y 

Poj •" »^; Br>>., ■Jtl. *2U>; to isiu^ wAiranl*. S*c Appropiia* 

Pi.v K.I). '216\ t.onii, ,. * 240 

K-'%-. ii\v &. Co.. It'-' to iiiiiLe (I'^e.l U> Lort-ii/.o G nil,... 171 

S.-..:<. ll\. Mr.. ■-'■.l i„ iiKike iloed to Janioa \V. kM- 

S;i . .. v.ii.'. J. C. J}-' \»di(l^, 172 

Sa •, A.. ~V~>, ".". I U> •fll 1;*ikI Io iJoiil'iev i.iA«nb«'it, 

Sjj.itk.-*. W. A J., 2>;i J<irol) ^huck aial .l'froni« Lt- 

T..' v.S. M. .. 2Ji' bruiitc, S© 

v.- .ii.n 3t Lii.k, 24j 

W . .shiin. 1) , 244 

\V or.rr, D J.. •.10,247 "• 

v.. .Vl ll..i;h 9 210 

W V .V I.:n»U\iv, 2li> lUnj;*, Jii«;ii<» ^r» \VAucor.<l«. 57 

V. -,J r.,' 24t) Ha.ikiiif; law Hmfii.tH, 23 

V ■. U. M., i'i liAi.kfr or banLiiifj a*9t>ciati<»iit to 

Arois : .. Oorg" \V. Sc- R»dil«,"" t>J ' tiHiitacl all ImsiiifS!* in tin' r.nn* 

Ar.'c kx - '! (;<•'•(;;<•. St'" U:iiJii S.-hoo| of tbo bank whei^ i.otPS*rt*il„tnl, 53 

1>"1 bdiik-* not to be Imitinl in jiUivi 

Atto- • ' P'-ru anil La S.iIIp, h.ivirtc U'ss thnn 2i)(i j to- 

■..vnlpr'.H cuiuU 1*^1* III*. 23 

A'tcT ■•♦. rl«>ftion and du'iiis bank iiotrs to li^ reiier meii in l»t;*I 

1 rirniit. ••• •>.... •• ].' coin of the l'nil«»tl Stated, 23 

ill •.!'- iyji »'Src!iit. H. in c.iHf of tailiuf iii.iy bf jiiolo»l»*il, 24 

i„ '», • -J" b ""iic'iit, y> Bloi-k*, whiit uml iil wbal rate to be 

ill 'J ib-poaiUit, 24 

; <> TVvi inieif'st to bo taken, 25 

;...;. 1^ B'.ock :inil oth. r |iio|ifrfy ol" bank^, 

Jl circuit, d-.ilies of in 24th buv* MhikI fi.r l.isa'ion, 25 

'. '*'l , ftuiirt /i(/t' cuih capital of. 26 

A'.'.r • : linn*, boats and vP!ii*.-U, nolrH, lio** piolenti-d, 24 

'*«*. ;'v.' bank* Jilt into liqiiniatior>, ilutv of 

Aud. ::l'.^ dmr <f r.u.lit...r, .■.. • 22(' 

l>r(>t<'»t<'-.l,.. 24 duly of I^c•eive^fl, 220, 221 

' f..... . ^.0 ri(ciil.iti:.(; ' c«rtiik.tte to bi* "I«iiositpd with tbe 

•. 2.") auditor f.>r oiifilamlin;; in>t«'n,.. . 220 

.(.»•. io tt.9ur.incp companies ' ;it expiraiiom.f ibirp j phib au<(itoi- 

- rjtod by tbia statp,'* 631 to pay iilocUbol(i*rM /</u m^ii,-- • 220 

•••- . rt*!!? <*!»«P!i, b-l\ perHoi.s nrjjicrtiiif; to prrijont rUiiii* 

■■■ ' ' r for •*!•• .ill (.ib-r tbrtii I)^ink i'>l<'<, 22L 

! by 111'' »t.i'o wiiliin lb pp yiaiH fonvor buriad, 221 

• 01 I riinunis^Kiii.in, (•(»in|MMnatioii tif, •• 241 

t plfCfl of land to I Call, np«'('ial, hliprilli t. iking iniy ad- 

rf. 801 ininiHtcr o.itliH, lOI} 

^lii th^ apc'iriti^f of j Sv* Praclicr, 103 

M Win!', 01 I]»iliir4, additional in riirnir rourtK,--- !'<> 

t.»nt III favor of U. M. n«bc"i.k, K.iiih-mh. Sre UoHilit, IT)*; 

• v.] J^arr'if, .l-iim-n A S>'e Appropriaticna, 243 

V • in favor of D II. Hilly, It'tti-ird. Sre Ai.|<ro|.i laliona, • 241 

•• 108, Ballbacb" h, fiak*^r. Si'o Aptuopria- 

' . r.ivor of Stacy 1 ti-jnt, 24^ 

1>>3 ! Birrtiall, ('. Se# appiopiiaiion^, 24;i 

^or of Uoa», 'Blind irik'ittit io|i, |,iw In jelatjon to, 

r>3 iin..-ntl.(l, fit 

<r of John H, nnnbT of tru^li-n reduced, fll 

10 »fiii|t.ep« clflanifipit, W1 

I Willlp Uieir teim of nlPne, B4 

21'* ex|>e)i*"ii or ifUAlCfH to b«- p.ilil,'>« Hi 

■ Wliit!- I Hp* piii.Iic ln«i!ilnti"n(». •••• HI 

2Jf> St»«» Apir./pnatim.d, 24'i 

• :h*uk»gu- I I]!»ckwi-ll, K S , «lalulet t.j be corn- 
2211, pilaj by, 15/ 



IT?DEX, 



liiij 



Blooininjjl^tlo, sets of cominissioners 

of lii-:h\vayi» Iffjilizcil. 302 

Bloomin^ton, pulilic »( Iioola in, fstab- 

li^h""!! hikI rr»jiilat«'(l, 22(5 

S«p '-Srlionls.'' 

r.oiitl coii: ty, circuit court, when fipid, 20 

booke, l.\w for librarif-s of 9ii|)icrne 

roiirt, piircli.iHr of, 4\ 

IJoonr cininly. circuit court, when hclil, 1 I 

italfi ro'id jti, I realized. S2 

cdumIt court, jiiij^ilictiori exlf mlpd. loO 

IJoolho. Jofin. Sf'C Roads, Ml 

I'lown roiinty. rirniit court, ahonli'^lii, -t 

fpoouls of lo hf trai:pcrlbp(l.«'" 4(3 
9>i'e of snamp larid" in. Ku'.lioi- 

i/.^.l. r.i 

15rown, Joli 1 P. S^e Ro.iln. 17:2 

Uriilj,^?. ]).ivi(l, comrnissiciipr to biiiM 

ppnitentiary. 131 

Ikiglit. L'oieinan. to 8<'ll real estate in 

.Vow Albany. 258 

Bruce. Mcnjainin, act for rf-iief of, I'.'ii 

Burbaiik, A.sa. Sec W.ii.ciiida. Iw 

Birrai! cuin v,(irc!iitc( lilt, whe heir!, \< 
fo.tij At Ht*h(.«pjh,ac". in rf^laMon ;o, '.'0 
Eiickm.*s(er. Sunu'l A., approj)riatitHi 

t.> 21 

Buck. Nelsnn. See Roads, '••• l.''.'i 

liunn. J. Sec A;>proptiationi, 240 

c. 

Cairo. .See R-.;isi.ei's Office. 125 

Calhoun ronnt)', circuit court, when 

lipid. 22 

Sec Swamji Lands, 2:,).i 

C.imbroii P.itrick. See Roads. 120 

Crtm;-i Ciiilrou. Sec Roads. l.'iS 

Campbell JIor);Aii. See Roada, 7J 

Campbill 'fhoro.18 !I See A}pjiropri- 

at.ioi.K. 243 

Camroii JyUii. See Roads. 120 

Carrol county, csrcuit court, when held, 6 
town of Savanna, state road in, va- 
cated.. j3 

Bchool commissioner of, to resur- 

»fT«aiid 3cll school lands.. 173 

Bcli J )l direc'orn in district i\i>. 1, 
tiw.i 24 north, rang-- 4 east, au- 
thorized to sell school houNC and 

lots, nn 

certain townstiipj in, attached for 

school purposes, •• 179 

Casey, Samuel K., lessee of peni- 
tentiary, " 120 

Sl^c PcMiiteiitiarj*, 13.5 

Ctss county, circuit court, when held,* 8 

an act to reloca'.! co«uly seat of,. 103 

election to be h^id ;uid vote taken, 1*13 
citizens of Virpinia or olherH m;»y 

pivc bond, U»3 

if reD'.ovc'd, court bouse to be built 1.'4 

eldcliou ir.ay be coiitcs.fd, \'i\ 

duty of ••u.'ity iltrk, 1V4 



rAr.i. 

Chancery, cbapter 21 of Revised Stat- 
utes arnriitled. 51 

otnis!»ioii t'f clerk to isHiic or nher- 
ill' lo Bi'ive pircess in reilain 

Ciisrs, shall not bar decree,.... 51 

See Married Women, b'Z 

rhatlertiui, Ch.irb 9 \V. See Ko.ids,. 101 
C!iainp.ii;;n county, circuit couit. uhen 

hel.i, .■ 12 

See County of J)ouf;la«. 91 

See Swamp Lands,. 122 

Charlfsi.ou, stale r<iad from, to Oiiity.- t>0 

(Chemical. Sr.r Cot ijoralions. ill*, 101 

Chrisiain county circuit conil, when 

hclil. 14 

Circuits, J8th judicial circuit estabiiih- 

c.l. U 

election of judge and state's alior- 

tiey, •...' 15 

powers uiid jurisdiction of jnilf;e,- 15 

duUes and fees of attorncv. •••• 15 

IDh judicial circuit establif'h'-d,.. 3 
ciiciion of judtje ai'd state's ..for- 

ney. 3 

powers of judye when elected,- ••• 3 

duli'^fl andfeea of attoni'y, 4 

20'h judicial circuit estabi'isbed,.- l(i 
election of judge, and slate's atlor. 

'^py," ••' 16 

powers <f judjie, when elected,.. 17 
may fix day's at cliauibers lo bear 

iiiotioiia. 17 

court aiwaya open for hiaiing 

chanctry matters, 17 

judfiincnis l»y confcs.sion may be 

entered in vac.Uion, 17 

dutv of judKe to examine recdds, IV 

duty and fees ol' attorney 17 

21st juaicial circuit establial.uil... 8 
ekctiin rf jud;.'e and state's aitor- 

r^f^y, 

powers of judgf, when electid.- •• 9 
duties anil iees of attorney,..- • .. 9 
22(1 judicial circuit establish'd,.. 
elecliou of judge and stalc'd at- 
torney, 6 

ponrrs and duties of ju<!gi>. 7 

)!iav call sjx'cial term, ••• 7 

no jury to be summoned whr'ii spe- 
cial cl-ancery terms arc held,.. 8 
no grand j iry when ?peial terms 
arc held lot common law busi- 
ness only, 9 

didics aJiit fees of attorney, 7 

23rd judicial circuit e&i.ahli.sli. d... IS 
election for judge a id stale '.s at- 
torney, IS 

p.iwt'is and duties of judge, 18 

duties and fe€S of attorney. IS 

21iii judicial circuit established... 20 

election of judge, 20 

poweia and duties of judge. 21 

slate's attorney ciocled for 24 cir- 
cuit, duties of, 21 



[i^] 



INDEX. 



Cixcuits, JMitre to appoint person to 

prf>»«"cotP rrirr.inals, • 2! 

e!»cuon of iiatf'.-« attorney in 'J.I 

i-iri-iiit. when heM. »1 

Cirruit courts, timr of liulJiug co.if.* 
iii. !>e«? Coitrt0, 
rouris lu ly a{i',M>int 3'l<UtionAt ItAi 

u«r«. ..:... rr. 

Cinn.t, S.«innel O. Se» Koaila, 70 

CiliM, in cprtiin coiintios, may pnb- 
^cri^e ;t» tlic stook of c^rt.iin 

railroa.Iii. ••• 2'^' 

may sibicnbe 'o the »tock if ih » 
liliiiPis Ktver Improve inpn'. Com- 

pn:.y, 21.. 

<'l-.rif coMitiv circuit coiirl. when lieM. !.'.'• 

l«i~ 

. hri.l. '^- 

^,., .. .. , ..1(.S IMl 

Cteik'^of J -.pTcrne conrr. i''e9 of. lo7 

of cirr;i: court of Brown connty 

,t » copy rec^n!'. *1T 

m 'li» 13;h circtiit, power*. «liilips 

ar.l ftrnvt, • 31 

ni.^y a9!<**9» il.imipes in ciTt.iin 

C.18CP, 21 

may enter jti<J*mefif in vacation in 

certain cjsps, ^' 

See SieamboatB, !"•' 

of con .'v rnnrts. liutv in Li Salle. 
Liv, ■- ••• ■ '^ • - '•■ 

Cliffor.'.' 
Clinton c^' .. , , , 

tr^T-.e I". «<t Ml r<«litn>n»o. .; I 

Clerpymn.f ^J.^Il.!;flei»l. b'ioAppi"- 

p-t.l'lytin, 

Cole* • ■•i!i*« . nrciiit roiiri. when In 

s- •, "" ' " 

Co«r - ' ' „ ^ " ' 

,,. . ,,.,,, .. Ad, ^.^ Iv. 

Coot'tbl's. »r, .ici I.) amcituiaw Inr*-- 

la'ion to, If'.t 

nay iKrv»' ^ l>y leavii.c 

r^nv »n . <•-... ■•4U, iK'.i 

f . HI'.. 

£»:.'. to,.... 3'J 

.-.s:. Ail be 

:i'' 

1 f ati i »»rrm- 

p itic<*l*"0» ii !m 

r<.<>.ir<|*i|, in.l • ... 40 

,, n.-re- 

c»! ami 

C«^k c»'in<y^ n»"l cwllec- 

Jion of f • In, l*'|f'«'- 

»*e.i, ••• 2iy 

etiC'il'. erttjrt.«rh*ii helj, 10 

may ., • •. enter juIr- 

I,,, vecntion* ut 

i» <ii*m!«tPil in certain 

»|-T"'4' •-•••'''•'''•'" b*" eontlniiefl, 
•ac«(<l u^u •iitltvjt,.* 1^ 



^ ,)ok r.-'unty. jtiiiKmoiits mr.y bo entrr- 
ivl in vacation hyileranlt oi con- 

t>*<ion, 1? 

Ai'i l.ivit to ho li!eil. 12 

v'o.iit of romsnon pli>«9. 11, 12 

Soe Circuit Conrt, il, }2 

town of LalvPview eatalilifbod.-. • 21*6 
Corporal ions, for trAnnportation ami 

nRvisralioti pnrpnsos, TIO 

may niake Rrtiolt»8 of aRSOci.itiou 
aid filo same in cIpiU nml socre- 

iiiiv (iTitrtli's ol'i.o, 110 

cnpiirti Block, duration^ (llreclorB, 

.lu'.ips of. m 

in.iv holil pioporfy, ••.• Ill 

rlrc tion of oliit*ois,h()\v oon-l-ictoil, 112 
(•irocldis to nppoir^t n ].|oniiiptir, 
make bvla«n ami ptoscribo duly 

of i.|!ic;Mn, 113 

f!lockl»o!''.pr«t, fhcir linbiiityj-'l 13. 114 

fiinlirr ilnl y of dirprtois. 114 

r.ipital «!orl:, liow incrrn^rd. 115 

no; icp of m»>eliii|i for inci oasing or 

ditnihisbiiiLj Klock 116 

peii.illv for iio,y;loct of duty on pait 

of olncpi.*, 

Corporations for nannfaclnrinp, nio- 
obaniral or chomical ptii poses, 

formed, 16l 

fo! uh.it pnrposo, r.amo of. •took 
(if and iiimi'"pr of sharca of,-... IHl 

ill! or I or* and tlioir dntii'B, 1(5- 

linlnlily of slockllolilci s, Ifc2 

wtifn cmpany insolvent, l»iS 

uliat ebrtll roiistimio B'ock, 

in>>i'.pv not to be loaned to Btcck- 

bob'.er!*, 10! 

uNirk inav be inrroaB'd or ditnin- 

Mlip.l. .' 101 

nntire of to bo nivon, 1().; 

HKOlinK lobplu'lil, how condncled, Hi.> 

liability of olFiocr.i. 1<'>5 

foi nior net afneni!''d, \)H 

conip.iiiien irniy Biie I'.r snbscrip- 

tr.'ii to flt( fi;. 00 

CoTWin. I,"tnn»'l,rc*lf.t<'d to ritiAPiiBliip, 2I'.I 

(•Onolnn .n. M'l' ,r. .Sp'-KofldBj 22[ 

Com.' ' .1 H'lclctled, inrorpo- 

' 101 

ni. .io;i..rilin inccnracement of,., lli 
Tountv c'lintni^Kionprn court of Vvjll 
'V, rpconl of, in rpl.Uion t<r 

ippiHli/pd, 1!»7 

■ ■ 'iiy^f jinlfCPB in ra^oi* of 
.i|iii« to III' Bf-nl to (III) In- 

. i.H a( .locktntnvlllp, R.'i 

Cou .ly I'l Don^i.in. pdlnbli^lind, 71 

boniid.li i"«t .Ipfinod. 71 

cl. ' r,, belli. (Inly of o/nccra, 71 

il. !iy fif Co.f ijnnd Cbair.- 

lor, 72 

(frori to bo elected, ihcir 

72 

;:; ii ii.i» and cr>nii(abl<'M to be con- 
linuod, 7;! 



I2sDEX. [t] 



rAG-.. TAGE 

Coutity of Doiipjlas jvofff to be tak**n t') Couit. ciicni', rf Cook cmintv, \^htn 

|.if.;itc county sent.. 72 IipIiI. !(• 

suits poniliii;; ill cotirtR in CkIps .11 il "f I, i S illr cntiity. wh«Mi fi.|<l,.. . . 27 

Ch iinp.iip'i cotinlifs. hn\r dispes' il of U'lll crin' y, wiifii holil, '^f 

of, TJ ii M"nro<' ciiniy, whTi hehJ. •••• 3Ui.' 

BcliOol funils. how <Ji9pps!*il nf. • • •• 7J [>r.ir'ire \-\ 7 h and 13. Ii ciiciii s 

coTn'tiissiojKT to trati!«cri^» reconis, r<'.rnlafr(|. ' ] 1 

Rtn! hi« (liilirs, 71 ill lh>» ri^liih ci'cmt. i;, 

in caf'e mi»iorilv of votes in (''iks id ilip tliirt'Pi.ih circuit, net l'> rp^- 

coijii'y alone ?(>•« for new ciuinty, nl,»tr. Sii 

to be created, 71 jnil^'mpii'^ by d' f.inlt, ronr» fiisy as- 

po'crpLirv of nt.ite trii'Sini* cr^pi- s, 7 1 bp-b d itnt'^rs, 25 

Coai.ty of jl.jlmofl, an art fo cie.itP, Vi3 PXPrnMiin in^v ifsn" fmlliwilhj .. . ill) 

l)n;uid.irips. ".••! JMi!::ni -n' > by conf-.-frSi Hi m.i J l>e eii- 

rlfciio'J to be hpld ill VpriTiilioii and t»rpd in v.i'a'iKii. 2-' 



Ch-iiiip,ti!jn contiti'-n. '.'I ac'i'ri on j.pinl hmitl!* M»ny be com- 

no'ic of. «liily of jiid<:P«. r!erk:» Ice , \>\ metiPi d and jnd^inPh'K etitrrcd by 

eprcia ! p>clii>n to l< catp cii'y P'ft, '."■ cIpiUs. 2;» 

plpctio.i f 'T co'in'y ( fncers. '.'•' wpf^ci.nl S'linnniis". nivirp ».f. h(,(I 

jnstiC^s an 1 i'o>nt.»blp< coufn'ipd,. '.'j cpy "f <b claraliou to b<' 8'>rvc<l, 30 

ti>wn!*hi;i or:»aii Z'ltioM vot^d for. • • '■Jo dcfvi.il.iut Muiy )t|p.id or Pi.irr nio- 

Biiis p'l.din^ in circntt ami cftn'y tiou lo I'ljinis.-*. "^l 

ro;iri«. how dispo^pti of. 07 iid;;in>»n'ji lo be liens, :ii. 

or^-iidzition of coHiify, '.'I fpp» nf r.<Ji.-ci8_ •.• ;jl 

school funds, ji ['rrtclioe in n*«'mi< ih riuni':, ... 17 

coir.tni^'iioner to Ir;»n8:r!be leciTt!*; j^id^ps ti> fix d.iy ^ or iciins a[ r ham- 

dnty of, O.S bprn io hpar thai CPiy mat pri»,.. 17 

srcretaty of statp »p|id copy of act, ".»< judginonr jiy C"iif. ssio.i eiileird at 

Couns, siipiein'. v»b»n belli, 41 .ii.y time 17 

in the third diri>ji.i!i, couit -Mid !il>.\^- jii'lces to rxamii.f n c 'hIb 17 

ry room to bp bniit ."l d'p P.arfice, iS. 52, li)3 

comniissionerB ap[)oiiite.l and their Conitof coniiiinn jdoijs (f Uic cily o^ 

(Inly. .'!; F.'^iti, < siablished i;;: 

appri.i.ri.ition for, how paid. I!-! j'iriSiiic;ion of, at.d r;il( b ■ f j r c- 

liOraiian (o l)f apf)oii,tpd. ;)■; ttce ItuM in. 1*;;; 

to Rivp bond and i:oin!ici.satio:i of, ,';i jndx«^ and c'.crk Cf. ulun ii- 1! Jiow 

law books for libr.iiics to be pir- circled, 17^- 

thased, Ai tciin« of conil, when h*^ld, J?!^ 

fePB "f rlerl?. act ill relation to. .. . lo7 pp'^ci.U (••rnis mny L-.> het',^ 17.; 

circuit, wlirri hfid in coiintifs appi^als fiom jus icpK of me j-'-inctj 

cotaposii.j; first, circuit. 21 taken to. 17^ 

in :hf spcniiu ciiciiiu r?*" cIim J -9 < f v hiif , wb-naiil how 

ill he third circuit. 4 IuNpp, ]7.'^ 

in \h» fourth circinr. 2v' phoiiiisand tkrka I'.irirs and fees. i7;. 

iii ill'; fifih circni;. ^ city alter.. -y, <lir;es rii.d f- est f... . J7;> 

ill the sixth circuit, f juii-B. jfr.ind at d petit. h<^^t srli^ct- 

in th<» sf VPiith circuit, 1' rd suminom d .ind tees of. 17(3 

in the eighth circuit, Jc vacuci-s of j:iil;;e or ckrk. hnw 

in tho ninlh cirrnit. l^ fi led 170 

in the tnnlh circuit, •••• fi Couk conn y c>inrt < f coininn picas, 

in the elciPi. Ill circuit 28 pracli'>e ia rrgii.ar< d. 10 

m the twelfth circuit. in Courts uf iifeiior jufi^dic'ioii in cilic* 

in the ihiitepi.th circuit, ID, 11-- to liave Iho saint jui iBJictiou 

in the fourteenth circuit, jo wi'h rcrordei's conrl of Chicd;;o 

in the fifleenfii ciicult.. .// and Ciiio, 09 

in the BPVPiileen'h ciicuit, ]•• Court, ipcmiIoi'h ..£ J.a Salic and JVfii, 

in th" ei;;hteenlh circuit, 11 e9tabli*h''d. IfiS 

in lh« nihctpii.'h ciicuU, 3 juiisdictioti nf. j^3 

in the tweiitii.tli circuit. lb judg-* of, to be appointed by the 

in the twenty first circuit. 8 giucraor ^.... iQf, 

in the ttvetity-aLCoiid circuit, G diiii^s, powers arid fees of, IGS 

in Ibe twci.ty third circuit, ]8 city ulloriipvs. duties and fefs of,. 166 

in thi' iwctity-fonrih ciiciut. 2(i jjri''9.|rranir.ind petit, how pelcct- 

special terms, when lield in Ihi cd, yiimimu.cd at il fiesol, 10^' 

eighth circuit, 13 chanfj*-* if lenne. when, where and 

if. tti* twenty-8e««nd ttrerrit, b koiv taken, •••• ia<> 



i] 



I^DEX: 



TAOr. 

Coart, rf corJfr's. fnf» and fnrff itures 
to wJiim p»u! nvA fi»r wJi.il pur- 
pose. l«il 

• '*! o", Nnv rfCf''''- ^*-*^ 

cr» mAr.«n»l» Old •liciilf, duly hi d 
t'ri-t.f. 17'^ 

d I'l**. |ioi»*r« AM'I f^^« if, I7ii 

•air* of proji'rff, wUtn, wh^t* «i..1 

>>T wliom m.id- ^l^* 

■<il'^m^u'% nt, miy tifcoin" iMMi", •• 17(1 

J «i;<i, h-w ......;;•' 171 

Co lut; fo-.irni. « :i of rxtfnileii 

in cert*. ' . 1^1 

m .y fjr.iTit ordrr f-.-r s»l» <^t l-i'd 

Wi«rr»»t(t for brn*!!'. of mnior 

chiHitf. I'i 

iti cx^m of 9j> of rf aI ci'.alei>f "l**- 

eM»-i1 per«rt- «. 1'''' 

jMiisUffon of Will coiiiitv c.xlci;»l- 

er'. ....; ■ IV) 

vt I.-C foiin'r, act i:i r^la^ion t>> 

r-p«'«led...J I'^O 

of Cirroli cprir.tT, jnria<iic:ioii €X- 

t»:.|ed, .' •''■^ 

<f I.»»C":r.ly, .icf r^pp.ilp'l, 1*'" 

li .McM<!firv C'»:inty, act in rcla'ioii 

^f^ «tn'nilod, • 1' 

8fpml« from iiit>rior emir's irtkcri 

t.. 123 

• iit» hy coitfp»«io:i tn.iv l«e 

'.in,.. '•... 123 

' '•* ..f, III cort Jill ca»''». 1-3 
■•»i<!r. J iri^.lirtior. 

10*'! r f 1 ii'_'r< of, ill cTf ilii 

-■. l.S IJO 

• • '1.1 I, V.) 

. • n»,! j:JN 

• tfoiti j>iai.ic(i*i4 fotul 'aU* •> 

IVi 

• •.. 1I>0 

P- 
IM) 

■«ng<», KjO 

* ii. hear n})- 
pr - iljfe dt»cltargfl uf 
"— • f IM 

■T (ll)tl WhMI 

l&l, i 

1... 

152 



th! 



37 



Co»;i:y courts, apppnls from justicra 

CMiiii tak<^ii lo, < 3 

ch uic!" <•! \riivi', uhiMi (ii il where 

ttiirs ot r.'uit, when IipIiI, ? 

County scat i-f Meropr, act t«> relocatf, •.' 
of S.i'iii^ oouii'y, act lo reloc.ilr,-. '20- 
I'f (J (Piiliii cuviiity, act lo reloca'r, :.>ti^ 
i.f l)ii Viijif couiitv, act lo roloralf, yd!' 
of WliiicBiile C'Uiiiy, r.cl lo remove *'3<' 

S.'f ('<iintv of I)c'ilLll».«9, 7l 

S^e Cixii.ty ff Ho!iii'%\ lU. 

Counli»^may suhviihe stock in llliiii>ifl 

liivpr ImproT'-tiiMil C'oinjMiiy,.. 2lf' 
inav R»il;»ciil)(> lo utock of crnaih 

r.ii'.rM.Til*, 22."' 

CruiK', Willi, till Set' Ron. Is, 7( 

Cru", J<'hu Wi's'rv. ^''e Uiia<ls, ll;- 

Crawforil county circuit court, wlnn 

lifl.l, 2: 

CiiinifiHl coilo. Src Praciici-, it\' 

CuinbcrUiid county ciiriiil court, wlicii 

h^lii. ':'- 

("J-.innifif;liafn, Ii'hiu See AppropriAlifM.P, 24t 
Cniian, laaac B. See Aiipr<>pii»tioit», '2-1'. 

1). 

Daocpe^ ft^srs'rd by conrls in rirtnin 

cfls s, 13, 2'. 

hy cJPikii of riidiil conitB in Cfi- 

t.iin < ,if«.<<<, 20, Si 

]);vi«>, Tlioni.-ia. Sri- Uoade, 4? 

IJ ivi", Owfii. Srp Road'', l- • 

D'uf ai il ilniiili itiilitutioi', appropii- 

RtlOll to pny (lobti, <*• 

foi ftnr, fiMDl'irr, apparalns for 
lip-itl. i; and for cnntpli-tini: Imi'd- 

\ i;, 118, IV. 

for ipp.*!!* and imjirovnnrnM, ••• • i'4' 
See P'.lilic Ii.«ituii!inim ff Jarkson- 

Mll". 4 

Si, I';.Ii1'c D-M, •••• 10 

• '^f (Ifcprxpi'd pnnon", li'-w paid,. KSf 

l>ri<»'r, M.)*"*, ;f. Si'i- Jload<», f< 

Di-ck, J. '111. II., iict for r^lKf of, \\K 

D'ri]n, S'l- ConvoyanciH, 3^' 

I)h Ka!l» raiinly riiniit tour*, w'lifii hfld II 
Dfiiiii*, T. J. * Kit Apprnpiia'iot a,""' 21 
D'l'ti.* iV, Bi»»ifn. Sm* Aj'proprialion»», '4,' I 
I)c Witt county, circuit couiIiWIk-ii held, 1' 

Src Xw!iin;i Lainle, 1:.:' 

HtP'-r, lmti\r II. .Sre Apiirr>prialfori>,< '2A\ 

V,':r.,,^.. J,. Sec Hnadft, 17'. 

I^ V Mr. Sre Appiopriiilioiif, 24\ 
w .,ii...;i L (irahzitn. 8fi! Appropiia. 

tioif, 2-1' 

D'TuIn &. Dl( kfy. S'-e Appropriiitiniifi, 24' 
Doiiglait coiiiily. Sf'C Counly of Doiif(- 

la», 71 

N.lluKh. t^fi Hoadii, 14( 

, M, &. Co. Keo Approprlatlonn, • 2A-. 
"• ■' iin, .1. 11. ^'•o A; pr..pii.'ilU'iif, ■. y.iv 
U.i r»xr-- n^ii: 15- ;a»i1' m i'>t»'fd, ...... . 201' 

rm*, «k*« i*ii hmw^ym^. iVli 



INDEX. 



[ni] 



Du Pi?:* finntr. rtuf J rt ofTir^rs of 
I>o.ir.| of plpcrtnn, '200 ; 

boiiil nf !i'i;i-rvisorfl if cotiiily sortt 
is re!iii)\fJ, 2ii'.t, ':ii) 

nt'tii'e to b« i^iven of llti* clectior', 
vvliat Ci»utniii, • ^''^^ 

property of cosiuty to Lx- couvpyeil 
l-> lh'.» town of Napfiville incase 
«f leinnvil, 21'' 

tiu/.iMl8 of \Vl)tN»t.'ll to BiCllie 

croiiiiil, 211 

mjieri^"!* of leniov^l, ho-*' p.iiil,-' • 211 
town of Wayne, alteration of roail 

In, 177 

town of BluomitigdAle, acta «>f c»in- 

iui«biuiivraot'liij^tiwayslegii!iz(il, 302 

E. 

EimM, HiMiry F., rornmissioner (o 

bviilii coiiif iooiii, 34 

S«»f man.l'.ilviii L. ^v>r AppropiiittioMii, 247 

Kcii, J. S.tf Approjiri tiions, 244 

ivljj.if coiioly circuit co.irl, wtien lieM, 2:;^ 
Cilwanls county circuit caur^ wiien 

li-l.i, 2(. 

EilwAril*. J.iin>'9 VV'., act for tin? jelitf 

uf, 17 J 

F.lwanls, N. VV. S^e Apnropriatiuns, 243 
Kliin;;haia circii'. court, wIiti heM, • • . 17 

Kupnineyf-r, George. Si-e UoiiJ^, IJ'ti 

'ilk'Ctionsof J'i.Ii:;»'h ami atat*;'* .tltoifievg 

in IS.h circ'ii!, l.) 

in the ninnfrentli, .1 

in Ih^ tv»e:itieth, Hi 

in (lie twcnty-li.^t. '.i 

in tlie tw.MUy-secon''., <> 

in -he i.we(ity-tf)ir!, IH 

in tlie twerify-fourth, 2!) 

Elwoo.!, NVIi^oii I) , ouimisuiooer to 

hui!(l p^nitetiljary, • 13! 

Elgin. Sc*- Courts, ...." 17.5 

ICxgliah, William. Se« Roalu, 2JI 

Erwir.., Kot.eit 1'. S;» Koails, 1,,,-, 

ExecmoiH, (Uedi "xecatei: by, iria<lti evi- 

(l.'i)ct! t>f title, 31J 

in cm^s of lieceasPil pej8on>*, real 

• ata'.e (f, hovv in.iv be aoM, IJ.s 

r»»:i«ton, uairn* if town of lirdi;evil!e 

rlia! ^'e.l t.., 2OI) 

bo'itiij.iricN 'It'fiiie.l for sctiool jiur- 

poBf*, 2or. 

ablitionai J liirice and conalable to 

l« electf",), •ji)!') 

Execu'iorp, may is<ue .. rtbwitli in cer- 
tain caie^, 2'J 

Sea JaJ^iuenta ati<l Executidna, • •• 3S 

F. 

Filrcltilil, Da'iirl. S»e Road.*, 121 

F.ill-in. U..liert. Si e Rriail.i, \:u\ 

F lyetf cnintv circnil coik\ wljen h.-l.l, I'.l 
F.in sv-'fth, W. S^: .\pi>r. p;i.4tio/i|i,. 217 

Faulkner, I h.imas. See Ro.id<t, IVI 

Fae?, iu li'or'si'i ina-iraiico asfncy caapg, 51 
of aulJilioaal baaiitTa, ' 5tt 



I'frn rt the clerk of aipr^me cour^ •••• 
of joaiicrs and confl'nblcB in citIahi 

c.i«o.«, 

r.f sccit'taiy of 8" ale in cas< 8 of 

iiot.iry |inli!ic, '. 

( f sberiita and jailors, 

bee I'lrtdice in 13!li tiicuit, 

coun'y coniisof Lee .unl Wbd' a.de, 
in'ord*i*« ct'uri l.ik Salle and I'eiu, 
fourt of coniniijn pleas rity of F.igin, 

F>i!l, Tlicrn;>9. bet; Ko?.d»«, • 

Fent»9. ^''e hirlo^un 8 si il Fef;ce«." 
Ferry at Hennepin, act in relation to, • 

Fisber, J'!H<e. Ser UoaiU, 

Flaiindera, A. J. See Appmp: intions,- 
Fonko, PLillip li. See ApjnopiLiliofB, 
Foniley, W. M. See Appi opriaiiona. • • 

Fonda, Jidm U. See l\oid8, 

Franklin -jircnit conr», wt»» n helil, 

Fulton circuit couif, wti'n held, 

Fund commiaaioner. cleik if. See Ap- 
propnatioiiB, 



127 

iir 

'9 
102 

31 
l-'>. 

ni- 
ls;. 

lot 

yy 

6*. 

241 

2U 

24: 

221 

4 

t 

24( 



Gallatin ronnty.cirrnit coiir'.when h»M, ' 

county seat relocated, 2f'b 

elrc;ion to be beld, 2l* 

ice to be Riveit, 20? 

if moved, public b(iiidin(;:fl to ba 

rrecttd, 20f 

Galena, certain ^rourid in. ceded fa 

United Sia;e», 31; 

Game, act in relation to, in Clin'cii 

cnontv, rj 

penei*! act in jeUtion lo, am^'i.deij y't 

Gard, Lorenzo, act for i^lief of, I7l 

(Jilfieit, Alvm. S<;r 11 iad»i, 131 

Glover, J'nei b I)., couimiBAiunar to 

biiitd court ruoo), 3-f 

Goveriior, lo- iaaue boii.l to E. B. Hurl- 

beit, 3': 

10 William Z-i^jler, ib», 

to tB-*:!"' [lateiil to Jobn D. McGraw, ly*. 
to appoint aitdidoiial iiotaiifM pub- 
lic in lilies, 14i 

to appoint iudfje of r^-conler'a court 

of La Sal'.e and Peru, i6i; 

to appoint a superiniend>>nl fur ihe 

p^nitei.ii.iry. 13; 

lo isxue bonds for arreara nf ii.ie- 

rt«i, 10- 

tofi'l vacancit-aof rlHcers in norm. 1 1 

university, ••••■ .' 30^ 

•alai y of, 2'M 

Gortor», Levi (i Sc«> II -a.la, k< 

Greeiie county, circuit court of «bfii 

b-ld,...' 21 

Bwainp l.ind.4 in, act in lela'irn lo, A^ 
Gre.-it VVeaterh K.nlro.id, act to prevent 

con8olidatiou of. . 11; 

Gravew, LiiiMS. Sep U'>ads, |;j* 

GrilJiili, A. J. See H..Hd«, jou iv.» 

G.'uiidy coun'v court, change, of yfnui 

taken Itom, ^j 



[Tin] INDEX. 



rAGF.. rior. 
.11. 

Illinois TvivT Tmprfivfmrnt Comparv* 

H aU. S•.^ph^^. S«»ll'^a»1\ 1?:? V i.ntico of m.e'ii.;: to I.e ;:i\Tii,;. 211 

HdJ*", R'T. Mr. S*p Ap5»ii'piiali;>i»*.-- '-'11 if mainrify of hoanl «p|>rovc, work 

HA«n;S*«">» cu'in'r, cijcuit rmirf, whrn to c )iiMiiri,c<', 2Hi 

h"l.t. -'• roiiM'tii'V to loijso w.ilor power, •• • '21^ 

act >i r'l4»Mii «0 (owrisilip ami 1c\y aiu't collect tnlN, lilj 

«olio,»l fa:«>i» ii>. I-'-' loi.ilit'^, ci;i«B aiiil lowi.s luAV sii'*- 

fl«cn«-s c'xiiifyoiroiil co'itf, whrii hp|.], '21 fii.-iiho'lo a'.ock of. Clf 

Hur-i 1 c »'r>tv ntc^.it rou', wlfii h^t-V '» : rui'inl nts'rui'iil lo be filed l-y lU- 

flanie. Pi «in in L. See U .4<!*. •• • irctoio, 217 

H«rr«i« •■<, N-*-htri»»l. S-r K>.ii'- oirp«!;v mny b'urow inonry kikI 

H*ri'»v. S«in !•!. S-e R M.I". «• cn-air liiiKii g fMul, 217 

rt*v«. U •■»»r». S-'R'Ji.l*. •'■" bock!* if C'->nip.uiy ojicn to inspec- 

H*iii», PioiJ »* H- S''eHM«1». »'- ti'M', to wljom, 218 

H«uU<T»<*'* Co;u»ty client ri.iir", wfie-i i r^sri \ i!il figllls tif the s'. .lie, £18 

he'..!, ..»i p. (ration not to cnfr-i^p in com- 

jj.. ... f,..,.y riiroit c<»u.-», «li«n iiii.«8io!« omrrying hiisiiess,.- • • 218 

(;»' ', 7 ( tSMe iiii'piial, trnsleen to trinpleie 

llf'.ni'r. \V,n. S— .\pp!"pi*'.i-i.«, • . 2i; l> ii;i'i;'C. 148 

!lri.' » Ml", ic. t" iiir.T|.«»r,<te, .inieti.t^.), -")'.' to prmiil' for li««,\tiiip !lie h.ilta mul 

Mrri-cii, 1. itliT. S.-eH<.il-, 17^ roti'te liiiil.linue, US 

M«-u".h'>t*i., Siiniifl P. S.-e iC >.«il«, lt»7 to let ronlr.icr to l..wfHl tiiilMer, .. ■ 84 

liitt. I>«'''»l r S-e Ilm-I*. ti:; :ippri<piHlioh9 fo rnalile llie com- 

Hippl*. J. J. SeeH^4.l». m p fio., iIi'Tfo!', 148 

Hn.riu!:ir. VVil!i«m. See K i.i.N, 1J3 noMc. Ii.nv «'nl wh»Mi to lie jj'ven,- K8 

lii'Ne' . ('i»*'i''e»V I. . coiriiiii«'<i.>t'.er to pro\i«.i(>ii to he made for* persons 

' li'iilt p'.i'eiiMd'V. 131 il-ernr-.l .Un;.''r;>:i«, PI 

Ilif^'f. A. J. N e ^^ .p'oprMlioi.n, 24.; fm tfrr .ipproprMt ion. 2it' 

iloit. j".liii W. Se R .a>N. ti.i S<'e !*iihlic IiiniitiilJoi,« at J;ick«on- 

lli»li»»*c<»ii.'T. See l"..MH»y ot H ,ifi,n D.4 vilk, 84 

ll.'tiiii.*". V%'ii'i«4in. See Ho.nU, 111-. Iiclomre^ anH feiii-es, act to amend law 

H.>ti»««'«»»-(. 4rf <.inepile.|. 11'.' ill reUtifiti to, IjII 

M-f'i.- iit<it*l*.». ietf,^'*ie.ii.cafp..r4te,', -Jtii ,1ivi-.i,Mi fpt.c<'«, liow nuiiitaii.eil, . loil 

t!..J.-»i J S.- Ai pi-'pfMli.»fi«, j;.. how t..iitt oi p<i(| for, J.M) 

H'lii" !>ii'»'i S-e I'".iH«, ^'f v.ilne oi i^nro, Ikim (l,>riinineil, .. . liJ9 

iliirl'je I K H 4r» f.T r^tt»t of, '■i- <l.»p>i"e« alm.jt lenceH. how settled, IM* 

riulto". >.«!'! See fl.^d. .....* fn.re viewors*. Ii.i»* .iHiHeii. 15'.» 

ll.ih'. N. V. Ve Ro4.»«. ... (.>i lew ai.d dHiermiiialii.n of, ly'j 

MuMer (;-«»re» ^-e H •«•'• . • n'r^....! r<f.i«inK to inHke frnce, 

M-i..Mev. K.^-ft M. Srell.*,!-. 1.: h-.w inn-Ie and paid foi, iG() 

Hull. G S. Ve Morlir.ilt.iral S.TieU, ^"1 p»rtili..ii fei.ce, ti.)W «hd wihen may 

HutcUioaoii. J. 8e» Appr«»».«i* i.ii...... 2;o lie in..ved, ICd 

HyJ.-, Wi.iiAU. St. Api-rupiJ^lijni,.. 217 d .i/Mir.«. Ii'mt p.iid when rcmr.ved 

' ' i» * > wiilioiit i,(itii-<', 100 

v\li<.|i di*ifii<Mi ffi.ce deniroyeil liy 

'• flie or othi.Mf Me, .' '. J^J 

1(1 ciif of r»'fii«,tl or nej^lecl to inak'i 

ir.»;j:ini%*» chi'lr#r», ilM-ent of r»il or rfp^ir, jOu 

»•■«'• *cl III leUti >n to, ;; fci.te vi^w.n in.iy rxaniine wit- 

I' .1. S^e Approp'*^' )«»>■, • 21.) ii»ine«, IC » 

1.. « I -'tfUi f itfd, 'Mip'taite t|i<! jMHtire* id' lite pc^cc fence viewer* 

;..^.. f M 'ni* iin,ifuVfineiil «f, 203 in C'JUiCI-'ii not or^f.ini/.pit n:ider 

i jkp^.'k' i.i ■ . r i.i|i:iiiy ii. corpora* loM-i>Nliip or^aiiixaiion law, 160 

I- I. 212 f>e» -.f IVtice \ieweiii,, 1(;(| 

eo'p (.ti.i*. J V ''!."• ui'U poMri* diWia;»«, Now lecoverrd,.. •• . . . • IGl 

*>:. 2li ' (iicoip "f A'loi.f, colnpanin for inan'i- 

rapi'^i •'•H k «• <i .■••• VI2 ficturtriK ai>d (dlirr piirpotea, 

e »»».M«". ••■# « • - 21 i I »vv iiin'-tid.'d, OH 

#!• - 213 foi If aiH(iorl«li.|i,r<'Mvaidiiif, &:r., 

«• 4ImI euuf ii.iMi p >rMiM>ii of, 11') 

1 • I'n '•.' • I' .iiiHpiifliilioii (.'ompiiiileB,. . . 110 

|I. ' I r I ,ii,i:i/, Itii rliiUilf III »»tid Other 

• I i .<>> »<». KH 

• . ' ,', 211 c.i|iii.il atuck or, \«hen, where paid 

r'* • l#^ lh«)i<'»eii,c , it, 161 

. I* 1 'iLdHt'T, \Vin.l. , en'ificate lo h* filed wi'h counly 

J <!.i<U ftUttra, • 214, clerk abdiiitcicury of at*ta,>>»« 1J>1 



I.NJJEX. 



[ix] 



liKorporationa, election of ofFicifrs, aC- 

fairR liDW iniiiia|;eil, 102 

stockLolviiifl, liability of, lt)3 

cortilicati- oi jtaymciit of stock to 
be lilp.i,.; 103 

when coni|)aiiy insolvent, lUroctora 
liable iii certain cases, 103 

capital slock may be increased or 
llilllihislKMl, 101 

duty of ollici-ra, liability of, • 105 

Injunctions to slay proceedings in certain 

cases may issue, 103 

Inferior couils. See Courln, 20 

Inauraiico aj^encies, act to amend act 

refjulatiiif;, 53 

stattiiieiii to be filed witli auditor 
a. id County clerk, 53 

penally for doing business without 
certillcatc, f>3 

fees to be paid to the auditor, ... 54 
hitereat, rate taken b) banking asso- 
ciations, 25 

where noney is borrowcil in this 
state, but maile payable out of 
the sla'i-, 33 

usurv not pleadable where inleieat 
taken does not exceed that al- 
lowed by law in thia ^^tate, 33 

parties loaning mon< y in this slate 
may liiscouni or recfTvc interest 
which is allovt' 1 b^ I ..w, whelhtT 
payrlile in this state or else- 
where, 33 

act to amend interest laws, :JS 

where contracts are in.ide between 
this state and any other state or 
country, the law of this stale to 
{jovern, 38 

rate of interest to be six per cent, 
unless otherwise airreed or pro- 
vided by law, 45 

on contracts, written or verbal, ten 
or any less rate of interest may 
betaken, sii 

penalty for taking more than ti i 
per ce::t, sli 

act to fund arrears of itUertst i-n 
public debt, 101 

povernor to issue bond to holder", • I'M 

interesr not to run on boi.d.i until 
I'^Oi), 1(14 

denomination of bonl, 104 

governor to take recti) t in rj.j'aln 
cases, 104 

holders canal or internal iinjiove- 
ment scrip may presi-i.t 11. u saoiu 
with i iter. SI certir.o.,i»» and re- 
ceive tijr.d. 104 

Iroquois ccu.ily sii^ of hchool lati 1 iii, 

|c-;Tali7.p ', 235 

circuit cuur , wii«n held, id 



.F.-\rk"on f o'.nlycircuK.conrtjWben held, 4 
fraclioiiat. tuAi.hbip formed iu, (or 
•I'hool puFforeo, 224 



Jackson, Hugh, act for the relief of, •• 177 

•Facoby, Kcuben. See Roads, M'J 

Jailoif, fees if, for boarding pi iH-.heis. 152 
Jaaner county circuit court, whi*!! heKl, 22 
Jeflerson county circuit couit, when 

held, i:'^ 

Jersey county circuit court, when held, 22 
Jo Daviess cuunly ciicuit coi.it, when 

held, 10 

Johnson county circuit coiirl, when 

held, 4 

Johnson &, Bradford. See Appropria- 
tions, 243, 244 

Johnson, Joel, See Appropriationa, •• 246 
Joliel aiiil JMendota Railroad, counties, 
citit'S iind towns may subscribe 

to stock of, 225 

Judges of circuit court. See Circuits 
and Courts, 
may call special terms in 8th cir- 
cuit, 13 

to fix days for healing Motions, £cc., 

at chambers, in 2' h circuit,.- • 17 
to ap|)oiiil uuilable luibou to altoiul 
to Ihi; people's business in 24lh 

circuit, 21 

may assess d.iui.i^es in certain 

cases in 13ih ciicni' 2'J 

ufsupumc ojurl to appoint librA- 

liaii, 37 

saluiy I'f, J .'C.'Kic: s court, La Salle 

and Pirru^ 16^ 

to appjii.l rt iiuiAlfr ill tjianccry,.. 170 
of court of touiuioii pleas, city of 

Ei;;i;i, election and duty of, 173 

B-iiarv of, sii|:reme court, '^^J 

of Vil cijciiit courts, 24;i 

oi Ihi; Cook county court of ccm- 

mo!. jiieas, 241' 

of the court of common pleas of 

Cairo, 1 240 

f.i the recorder's courL of (Chicago, 240 
ItvS of, the county court of Taza- 

well, :'7 

(•'my of, in cases of poor pupils sf fit 
to iiislilulioi.N <.l Jacksonville.'. ^ '• 
J udeineiits and executions, law aiiie. lied, 3^*< 
notir.e of sale of real estate to be 

advertise*! in newspaper, 3M 

may be entered at uny i ;..c* in 

courts in 13th circuit, 2'J 

b}' conlessiuh, entered in lijone a. d 

Winnebago county courtii, 15'> 

may be stayed in ceitaui iat«es,>' • lUi 
Jurors, how selected for record* i 'j court 

of La Sdlle anl Peru. • lAS 

Justices of the peai «,ji:usi;;c; 1.1.1 oj . x- 

tendtd in v.i itain ca'C". 4U 

service oi b :n,rnon8,I.ov. ..,^i!e, 4y, luO 
in ra»e «:cfcjidant doiM . o. ^j-pear. 

cause continued, 1 10 

HI. other summons to is^ae, 110 

ju-..'ict3 ard coristiiulci, ieei of,« .. 1 10 
duties of, iu case of a^.le cf Uquor, 
&.C., about a^iicultural fair 
grounds, &.i 



l-J 



INDEX. 



FAQS. 



Kane county, ^ep Court of Coiriupii 

ple.ts, Elcin, 

c' •• rt, when hold, 

t ct, in St. Charles, a«- 

■. I) borrow money, 

Kai.k.ikee cvuiity circuit court, when 

held. 

Kent'.all county circuit court, when 

held, 

Ke?^'ner. Gustavus. Sec .\ppro|>Ti:i'.ions, 

K' ' • s, James \V. Se» lio.id.<» 

K.. x coiMity circT.it court, whoii held, 
>fe Roads, 



Lacou union school districf, incorpo- 
ra rd. 



Leichtener. Sec Resjister'a Office, in 

: Cairo, 12a 

' Livin.rstou, county coun, art inrolulion 

1-3 to, ' 45 

1' circuit courf, when hold, 16 

school district in, absopsnient for, 

-V2 Ksilizod...... 207 

I swamp land in. See Swamp Lrtnd.s, 1:J2 

^''iL'^gan county circuit court, when 

! held, i'2, 13 

1'> Ludlow, J. D. See Roads, 108, i:)3 

M7 

M. 



101 

5 

62 



Macoupin, circuit court, when held, 14, 15 

county. Soo Uojids, IS 

Macon county circuit court, when held, 19 
Madison co'.iiify circuit court, when liel 1, 2l) 
Manura'-'.urii'ij. Soe Cc^rporalions,- •'J'J 101 



elec'ion of officers and their du- 
ties. ll<S, If.'J 

election of school hous", tax for, 

to be levied. I'.IO 

datyof board of cd'.cation... ll»0, IIU 

Like county circuit court, when held, 10 



'-S8' ivjarion circuit court, when held,. 



Lakevie'V, town of, es'abli^hcd. 
Limlert. Gcdfrcd, auditor to ae 1 land 

to. Ri' 

Lame, William. See Roadn, 178 

L.imar, .Aul' i"'u3 C. See Road", ITS 

Lim ir, Willi, im. Sec Roads, 178 

Lamb, Wiilii.m H., atid others to sell 



Marion school distrii'.iii Williamson 

couhtVj established, 

INLiriied wonir.n, law in relation to, 

amended, 

pro| iMty I'eld by, not, subject to 

debts of huali.ind in certain cases, 

20t> I l\Lirshall county circuit court, wlun 



hel. . 
Marvin, Rev. IMr. S e Api)ropriationf>, 
.Mason counly, sheep and swine not to 

run at iar^o ir, 

circuit court of, when held, 

Mason, Tliomiis M. See Roads, 03 



20 

187 

52 

52 

18 

241 

200 

8 



school hotise site in New Albany, 258 ' Massac county, circuit court, when held, 3 



Lanphier i. Walker. See Appropria- 
tions, 

l^nA. .N'atlian. See Roads, 

Lai. '« --'■'ate Lands. 

La:. naiit, law amended,"" 

;^ ,!'.hori7.'il t'> distrain per- 

■o..al goods o( tenant 

La Salle coui.ty, rircuit court, when 

heM, 

court, change of ven le may bo 

tak^hfrom, 

Lawff^i.ce counly circuit court, when 

Ii'-ld, '. 

Lawr'-.c". Auenstns, See Roads,"" 
Law*, con.i'ilation of, by N. M. Purple, 

S'ctef.iry anu .lUf'.it'ir's duty, 

b'>w and to \vhr'rn disliibuled,"" 
lb" f'VTal acts .irid parts of acts 
in.i Ic yr\ma farvf. eviilenc,"" 
Let coi»'i»y,rirrur coin, when held," 
county coctrt, act in relation to, re- 
prated, 

8«e Courts, 

I,^bo-uit«, Jerom*, auditor to •e!i land 

t'-, ;•• 

I>>onar>!, Samuel, See Swamp Lind«,' 

L*iihl'n, William. See Koada, 

Leu, Y. 8«e Appropriations, 

Lien. S«e Practice in 13tb Circuit, 

J»*e Ikja's and Vetsels, 

IJbr^ry xwva. Sc*- C 'urls, ••i(»fem», 



swamp lands in, act in relation to, 44 
Mattpson. J. A." See Ajipropriations," 24(5 

.Mattlipws. William. See Rj.i.ls, I'.lO 

.Ma'beny.C. M .-^I'o Appiopriationa,- 24(5 

Maxu"fl, William. See Roads, Cx) 

McCr. ly, W.irren. S"e Roads, 156 

McDonoufjh coun'y circuit court, when 

held, 5 

Mcdahey, .lames. See Roads, 

Mc(;raw, John D., art for the relief of, 197 
Mclleijiy county, ciicuit court, when 

h-ld, 11 

court, act exteiidiii(; jurisdiction of, 123 
McLean county, .swamii lands in. See 

Swamp I-ands, 122 

circuit court, when held, 12 

McMurlrv, coinii.isHioncr to build peni- 
tentiary, 130 

Menard county circuit cum t, when held, 8 

Mcihanical. See Corporations, ..•■'.19, 161 

Mercer couiity, circuit court, when held, 5 

county Brat of, an art to relocate, 01 

»l«'ction held and how conducted,- 'Jl 

duty of officers in rase county scat 

is removed, 02 

alieep aiid swine in, iiot to run at 

lir/e, 101 

214 Minii»;. S. e Corj-orationH, 00,101 

31 ' Miner, Rev, Mr. See Apiiropriations, 241 

62'Mir,<r. llfz-kiab. Se.- Ro.uls, 124 

34 Mi'rheli William N. See Koads l.'J9 



211 
lU. 
0! 
41i 
I 
44 
1 
•27 

4r) 

23 

10;-) 

'1 3 
13 
43 

43 


iro 
m 



Librarian, ••ipreme court may appoin*, 57 Mit' hell, John W. Seo Roads, • 



;w 



INDEX. 



IxiJ 



Monroe county ciicuit court when held, 302 
Montgomery county circuit court, wIkmi j 

liel.l, ll| 

Moore, Ri'uben. iSoe Koads, 00 

Moore, AH'i cil. See Roads, 14f) 

Moore, Jolin. Sf'e Appropriationa,-- 24 1 
Moody, SB. See ApproprLitions, •• •• 2 lU 
Morgan com ty circuit court, vvhfn 

held,...' 22 

Morrirf, (irundy county. See Roads, ■• 2li3 
biid^o company in, act in relation 

to, 203 

MoscH, .• /tin C, securiuea of, act for 

lelief of, 201 

Moultrie county circuit court, when 

held, 10 



Neid(>r, R. M. See Roads, IK' 

New AUuny, public ^quil^e and school 

tioude i.nd lol in, to be sold, 25S 

Noel, William. SeeRoa.ls, t^O 

Norton. Miram. See Roads, 17S 

Notaiy public, bank notes protested by, 21 
a tiUiional. appointed in citis,.--* 144 
fees of, to be paid to srcr?tary of 

8ta(", .'J9 

Norui il University, act to establish... 208 
c< poraiors, style, and ^jeneral ()ovv- 

ersof, 208 

boird of education, time of me.»t- 

ini; of, 209 

powers anil duties of, 200 

eaeli county .»nil e.K.di representa- 
tive district entitled to gratuit- 

ous education of pupils, 300 

by whom and Ijovv selecied, 300 

iiiieresl of unive sity and seminary 

fuid, how appropriated and paid, 300 
officers, term of, vacancies, how 
tilled, 301 



Ogle county, circuit court in, when h^ld, G 
town of .Scut! Ill, hii.ud of education 

to j)urcliase s^-liool libraries,..- 10:') 
Ohiey, state rout lu Ciiarleslon, located, 00 
Opdycke, Stacy D., taxes refunded to, • 153 
Ottawa, suprem" court and library roonj 

to be built at, 34 

Ottawa, Oswefjo and Fox River railroad, 

c.Hinlies, cities and towr s may 

subscribe to stock of. 22."i 

Owen, M. R. See Appropriations, ... 244 



Pease, E. B. &. Hro. S«>e Approppria- 

tions, 214, 216 

Peoria, commissioners in towns Lo relo- 
cate certain roads, 198 

public schools in, act amended. See 
Schools, 231 



Peoria, state road to Springfield. See 

Roads. 
Penitentiary, improvmcnte in, how 

paid for, .'J4 

an aci tolea elo Samuel K. Casey, 120 

addilionil to be built, 131 

commissioners, iijipointmeni, of and 

their <!utv, 131, 1 ''3, 13f^ 

to ijive bo: (1 and keep aci:ount, IJl, 133 
appropriation for, and how paid,-. 132 
convicts in, at Alton, may be em- 
ployed, 133 

convicts to be sent to new peniten- 
tiary, 133 

eupei iiitendent to be appointed,.. • 135 

lessee to ])ay addlUonal sum, 135 

inaai-.e convicts, how treated, 136 

commissioners to make report, with 

detailed estimates, 136 

submit the same to the governor, 

auditor aiul treasurer, 130 

Perry, Henry W. See Roads. 107 

Perry cou ay circuit court, wh^n held, 4 

Piatt county, ciicuit court, wh»*n held, 19 

swamp lands in. See Swamp 

Lands, 122 

Pierson. Rev. Mr. S-e Appropriations, 241 
Pike county, circuit court, when held,- 5 
state road to Quincy. Se<' Roads,- 50 
from Beverly to rtnycarty pUi k 

road, 81 

swamp land in, act toTeclaim,.*" 225 
Pittsfiold, state road to Quincy. See 

Roads, 50 

Plato, William B., commissioner to 

build pe!d!er:ti.iry, 136 

Plank roads, general law amended,... 143 
i:i'<pcctoi3 appointed and their duty, 142 

may open gates .-n roads, 143 

compeiisa'ion of inspectois, and 

how paid, 1 13 

Police magistrates, jurif>dic»ion of ex- 
tended in certjsin cases, 49 

Pope county ciicuit court, when held,. A 

Practict , in 8th and 13'h circuit, 13 

court to hear evidence and assess 

damag'sin certain case^', 13 

may call special terms, 13 

in the 13lh circuit, act to regulate, 29 
court, in certain cases, may assess 

damages, 29 

execu'ion may issue forthwith,.... 2U 
jui'ginents by confession may be en- 

Ifred at any time, 29 

actions on penal bo:id3 and other 
ii:8lrumerit9 commenc^^il at any 
tim", and jud:,'me, it rendered,- • • 29 

plaintiif to file deelarjtior, 30 

duty of officers, copy of declaration 

to be servei!, 3i) 

defendant may file plea and nflida- 

vi', ■- 31 

j'idf,in»'i:ts to be liens, 31 

fees of clerks and sherilTs, 31 

in Boone and Winnebago county 
I court?,- 150 



[xiij 



INDEX. 



<u.- 



wli 



sh. 



fin 

I 

off.. 



".•••• 15l) Public hiiildinp^, Jii S|»riiif»pl»l, speakers 
y I'P oftrhtr- iioiiso. }>.>\vt'i8 ami (lu- 

" 15i> I tut' 11 ifl.ilionUt, no 

c'.tantrp, l.Ht ' Public tie!)', ;u' (rt rmiii air"\»r9 of tv- 

''•ot;!, IM I tercsi iltn» on, 104 

. ulirti Hiul gDvoriior ui lako up an oars of i.i- 

11 !■ •■•-'. a'll issup boiiils for, KKt 

1.>J M of such bonds, 104 

rrlrv'--'! • l.ik*> rocfipt, lOl 

> i i: it iK> iioi liHVi> interest 

( . ' -, I- "I litii'iito to is-'o,.... 104 
>■ . ' ■ '. I iiiiprv^vettit'iit s» ip, 

1 ortilicjtfS, may be 

;■ 104 

ly 6r riiirrni, inity i Public iiipi lUiiioni*, nt Jacksonville, 

.....'. r ? ' l-iw- ill ifl>«ii'«ri (o, iihifiMkJ,' • S4 

••.ml tliroctors 

. .i-d, SI 

.,....;., . ,. • xpeiisos of,. . • 81 

o.ttba ill 1, abi>lislii il, ^^ 

103 w to lio kept, H5 

, 1."' Kj't'i'^i oi' Utisleea lunl diri'ctors, 

wlien priiilo<l,lo whom aiulwtieii 

I'st.uott ,; .• ■k-" .1 I fi.riiishici, S5 

13S I approprialio;i8 made to, oi' for.liow 

■r •'*fi, RoviseJ payable, gJJ 

•• Qno ll'aritiH- I pupiis sent to deaf ni'd «luthb and 

S'J ' biuid, wliDSP |>arciit3 aro 

p'lor, ili;ty of jutl^e of county 

cour' , 86 

dii'.y of ;iUilitor, comity l.io,;suiera 

and coui'v c<'«it9, Sf) 

S.'o Appr<.pi'i.^(ion», 148, Nil •?4(i, 247 
Pulaski cDur.iy circuit court, wlion 

itrld, 3 

Putnam county circuit com I, nlicn 

belt,-...' 18 



P-, 



a>.'l 

•JH. 103 
.ctirn in couMh, 

1U3 

'• < r tha crimi- 

103 

•r'nin b.iil 

<lltH, 

•.... l.;j 



<i. 



lo cii V "I • 



. slkl odkliO. til 



179 

179 

. pioporty of, 
lit' licM and owned 
; '>ii c«.ii(i|(i(iii8^"" IHO 

{ i;ninn r'cli'ioj dis- 
I'd attached toother 

^ 180 

Id in union hcIiohI 

IW) 

•? city council and 
• rviaors of Aduius 

IW 

fihoulil be a;;uin«t 

of thi<ibni, 181 

'0 Rtll jroiicrty ot 

.... IRI 

U\n\, iMrrctors ap« 

INl 

:.a 






!iUti,tiMl conttabU 1 
:-«jb<« yf 'It/vt-k<«ii'-r, du*jr if, Zh 



R. 



• -. cnT^I l.t\Y In relnllon l", 

'i.ded,«»»» «• .M 

f-'. in relation to ccntolldatlon of 
Gjci*'. Wtttejii, \n 



INDEX. 



[xiiij 



Railroa'lR, certain counties, cities and 
towtis may siibsoiiho to atncic of 

cpitain riiilroais, 225 

may issue boiii!^ lliercfor, 2.;5 

naniio!|jli county circuii: court, Avheii 

li.-i>l. 20 

Real esttiio. Seo JuJ^nents ivv\ 1-lxe- 

cutiona, 38 

of rn.'\rrieil women, I.iw amenilecl, 
dcBceiit of, in case of illegi'i.Tjat** 

eliil.lrcn. ..•• 11 ' 

, of (locnascil fiorBoiis, mauner of I 

nellin;; to pay debts, 13S i 

8uil«,Jiaw coinmonce>l, li". ! 

duty of ofFiccrs. • • 

Rediiick, William. coininisBioner to build 

court and library room, 34 

Recorder of AliiXander county, duty 

i.iid fees of, in cvliin cos'9,' •• 126 
RrcoMinr'n court in Li Salic and Peru. 

See Coiirtg, 168 

Ro\iHcd.Stati>toH, srction 23, chapter 80, 

"Quo n'(/rr(fu/o," amendi'd..... 28 
auction 11, chapter 57, "JuiiKincnta 

.u.d Uxi-ciitionp,-' ainendeii, 33 

cliij'ttM 0!», '-LanJloid and Tenant," 

amended, 4-1 

clj.ipler'21, ''Chancery." 51 

chapter 10, ''Attachments apainst 

B'l.ats .ukI Vessels," 52 

chapter 11, -'i^ees in I Salaries," 59, 137 

rh.ipter 10;J, •'St-ainboatP," IUj 

chapter 59. "Jusdca of the Peace 

and Constables," 109 

chapter 75, ''Notaries PubUc,""-- 144 
chapter 51, "Inclnsure.s and 

Fences," - l.V.) 

Records, of Alexander connly, to ba 

tranpcribed, 125 

of iJruwti count}, to be transcribed, 40 , 
Re;:;i8;t'i'8 olfice, at Cairo, cs^iblishedj 125 1 
who shall be reujster, and his duty, 125 
recorder of Alexander county to 

crtify copy, 12G 

copies of record tnailc evidence, 120 
plafu of the city of Cairo, recorded 

in reijiatcr's office. 127 

Relieioiis societies, law amended, 108 

trustees may give mortgapca and 

deeds of trust, 108 

Keveiiuc law amended. See Banking 

, . . i-^^^, 24 

Richland county circuit court, when 

held. '. 22 

Richard, K. 11. Seo Roads,.. OS, 77 

Riili^evillc, town of, name changed,-. • 206 
Roads, -state from Carlinville rirt. Fay- 
cite and GreenfifM to Carrollton, 4« 

from rittsfield to Quiiicy, 5u 

an act to vacate, in Carroll and 

Stephenson cotir»ty, 03 

commissioners to alter, in Oijle 

coinly, :. . oS 

in Ka8lca,skla, vacated, 59 

from Charleston to OIney, lo- 
cated, or 



Roadr, fiofn .Tusephinejffo Kf.oxville, 

chasii^'cd, 02 

from Ottawa to Dwight, eslahliah- 
e<l, 6:< 

in (Crawford county, located, O.'i 

in t!i>' town of llwckton, located.- tiO 

iu Ta'<.Q well county, a portion locat- 
ed, 67 

from ^10•^'h\ve^t corner of Sae:amon 
cnnnty to the C.'irlinvilln ami 
Coil'iir:! road, established, OS 

frofn J^ircleiDii to Plyut'juih, • 09 

from Sbelbyville to the national 
road, in Cumberland county, lo- 
cated, 70 

from a poi'it on the Virden and 
Taylorvillc road to ihc southeast 
corner of Sangamon county, 
I;'ca*ed. 75 

from Taylorville to iMt Pulr.sUi, 
located, 76 

from N'. W. corner, S. \V. qr. of se«.-. 
30. T. 13 N., R. 7 Av., in Morgan 
county, to intersect thij Cum- 
mif.;i;ton and Girard ror.d, lo- 
cal.d, 77 

in Will county, vacated, 78 

from Jefierson street, in Sprinsfi^ld, 
to the brid}(3 across Spring 
Creek, located, 78 

from Beverly township, in Adamn 
couiity, t'> the east end of the 
Snycaity plank ro.id, located,.- SI 

in Iho townships of Bclvidore and 
Flora, EooiiO county, le^jalized,- iS.i 

from Aurora, in KaiiC ccunty, to 
Syca;nore, in De Ka!b couidy, 
r'lnc.Ued and established, 83 

in the? cotnity of Kend.!;!, estab- 
lished, 86 

f.'-om Sheilbyville to Daiiville, part 
of, relocated, 88 

from Enterprise to Knoxville, part 
pf. vacated, 8« 

from Peru to Grand de Tour, pait 
of, vacated, SU 

from Ali(on(juin to the Lnl:o ar.d 
!\ic Henry plank road, part if, 
vaca'cd, 99 

from the northern termination of 
Fifth street, iu Springfield, to the 
new bridge, at Alhans, located,- lOl 

from Marion lo Benton, estr.blishcd, 

from Hi^rgii sville, iia. Gi.-.yVord, 
Pera, to the Ottawa road, nor'h- 
we?t of Ten Mile Grove, located. 108 

from Knoxvillc to Keck Island, 
cliaii!;ed, 117 

from Burii!i,:ion, Iowa, to Peoria, 
p3;t if. vieated. lis 

from Caril;..i to iVIaconib. portion 
of, re!rtcat» J. 120 

from M.irif.n t) De Soto, establish- 
ed, 123 

from Ottawa lo Danville, portion 
of, relocated, 124 



[xivj 



INDEX. 



Road*, from Bloomiv.pton to the state 

line yf ItuH.in.i, loc it«»d, 137 Saline cnirtv, circuit court, when lir!. I, 3 

fiorn Hear Cieck to St. Louis, Mo., i coun'v Sral, act to reli>catt>. 204 

loc.U'^il. 140i cloctioii. when to l)c held. 204 

from RiisUvi le to Commerce, part places to he voted for, 205 

of. tpiooatcd. Ill (1 i' il rieiks rind pul-jcs, 205 

from a point on iLi^ Mississippi lUid diifv ; i.oni.ty couit. 205 

Ohio railroad to Klkton. estab- i S.lligainon comiHv ciiciiit coiiit, wImh 

lish.d, 14ji held, ." 14 

the Believiile and Nashville, at Gil.'- S ivajrc. Aiihan. See Koads, 140 

J» h'd .1 AicCi^'iocb's h.iic to Scates, Waller B. See '-SialnltH ul' 

Eiseniii yei's ferry, relocated,. 146 ihi- S'ate of Illinois." •• 157 

from C ir'.b i:;e "o Worcester, part i Schools, an act to estaldish ayslem of 

of. reluciled, 149: public. 259 

from a p^. .t where the Danville i accoiii.ts of treasurer, how to be 

and Oiiawa r<'.td leaves ihi- north I 

hne of sec. 3(j. T . 2:i N., R. 10 E., | 

tJ Pi-ra. locited. - •• 1531 

f.om Knoxvidc to C tmbridge, relo- 

cat'^J. 151 

from Sti'-ibyvilie to McLeansboro, 

cslHblialied, 155 I 

in the comets of McLean and | 

Liviltg^<lon, estaiiisiicd, 155 

fr» m Chester to Pincincjville, part I 

of, relocated. 116 | 



f.oin the u-.outh of Bi^ Muddy riv 
cr to Ji'hii Crogij'd old j)!av.-e, re- 
loca-.ed, 105; ITS 

from L'<ii:i •.) Middltport. located. 1(37 

f.'om W. lorloo to llarrisonvilh, 
var •• -d rtlocatedj 172 

ci ' in ihe town of 

Iter certain road-. • 177 

CO . ". ■ ■'■ " " IVoria 

CO lime, 
. ; J,.... lOS 

froi.i tV.irsaw to (Jaribage, lelu- 
r.i . ' 221 

cc • 1 in the town cf 

I ..c. acts legalized," • 302 

Sa . .in act to authorize 

(lOhof a road ih,<'< llt<) 

Gr . ) . acrosH llliiioiH riv<T 

bouoin, o:,|.i)Piie .Morris, act to 
p[ov)i.<- f">i i< provement of,..«. 203 

an act i.. prcuJe for layii'R out 
hiehw Vtt ni on the line belvvcen 
;: •■-,;,.... 1,2 

p' 142 

Rock 1. , - . ', when 

h<-l'i, 7 

•rho.'l dinlrirt. See Sfhocl*. 24.^ 

Robtiii.*, Jchi. 1'.. to Hell (irojierly of 

niiioii ■•■hoi', diatriil. 181 

B ■ .. ' • • ■ ' ^ fj" 

y. • -IS 

h 202! 

K'/'^riiii iirtut I 

-''M 

Ilo^)l. OaV i. L' . JflJtfof, lt»,J I 

R.»biig,'L. B. I'^Oi 



kept, 252 

acl3, this act iioi to roiieal s|)icial 

acts. 279 

what, repealed by tliis act. 297 

thi»to l>i> ill force, when, 298 

liow inny c pies of this be printed, 298 

how to be distributed, 298 

ac! i(>iia. S''fl '•Sui; s.-"' 
adveriiseiiu'iit of sale of school 

iaiida. 2i)4 

See "Notice " 
apporiionnieiit, how made arron;? 

towiisliips, 2C3 

fuiids to school.scoinpoeeil of dif- 

iV'ieiit districts, 270 

how made in forming n» w dis- 

IrictH, 268 

attachment, in what caae^, may 

issue, 278 

auction, lands may be sold at, by 

trustees, 273 

auditor of public accounts, bis du- 
ties, 288 

bliall make dividends, of school 

funds, 288 

sliall issue warrants for 8ame,.< 288 
to be furnivlied with trans 'lipts 

of sales. 297 

fch.ill issue patents to jiurcha.^ers 

of school lands, 297 

may issue duplicate copied of 

patents. 297 

bonds of Buperii leiiii .'it, 259 

of school coLiiiiBsioners, 2tJl 

form id', 262 

of t/iwiihliip treasurer, wheie to 

be fiUd, 2()3 

dir<>ii»i8 may issue for borrowrd 

money, • 270 

bow Btich are to be executed, .. • 270 

of townsbip treasurer, 282 

bookH, for Mcliool rf)niinlHsio;.cr, 

how paiil for, ~fi3 

ini y bw [lurch.iBfd by directors, • 277 
c ! «r ►• (f action, « .\i"tiiip to remain 

\ .lid, 291 

. ".Sui'»." 



INDEX. 



[XV] 



Schbola, certifioatps, of board of tlirec- 
tora, 

of t'?achcr3, 

of teachiMfl, 'u be iiltached to 
scheiluleJ. 

form of, 

of (lirecLors, lo bR attacber! to 
schedule. 

f ol 111 oi", 

of purcbaso, to be given, 

of purch.isp, diiplicatoa inav is- 

8110, 

circulars, to be issued by 8ii|)eriii- 

teiidriit, 

cities. See "Towns and Cities.*' 
clerk of board of tnisleef, how ap- 

poiiLti'.l, •••• 

duties of, 

must join in executing convey- 
ances, 

of board of directois, 

of boiird of directors, to sii^n 

bonds, 

county, to make coiiiputatiou of 

taxes, 

computation to be final, 

shall deliver to trra^iurer crtifi- 

cate of amount due, 

how to proceed where a diitrict 

is in two ciMirities, 

colleclor, county, to pay over taxes 

to township tre:i8urer, 

in case of refusal to pay ov^r, 

may be sued, 

"" ' tiot liable for taxes hi! could not 

collect, 

to pay over taxes on ■.vair<..nt of 

auditor, • 

to pay gold and silver, 

may be proceeded agaiii'it in 

county court, 

coinpensttion of, 

compensation of superintendent, •• 

of collectors, 

of commissioners, 

of townsliip treasurers, 

of county treasurers, 

common school lands. Set "Lands" 

and "Real Estate." 
common st hool futids. See "runds" 

and '• Moneys " 
comini3«io.iers. See "School Com- 

inissionera." 
compromise, may be made by trus- 
tees, • 

coiisolidaiion of two or more dis- 

dricts, 

contr,i>'t9, to remain valid, 

directors shall not be inler-^stcd 



274 

271' 

2S0 
28U 

281 
2Sl 
296 

297 

2G0 



272 
273 

276 

275 
275 

275 

276 

275 

275 

276 

28S 
28S 



288 

28 S 
2«l 
288 
288 
2^8 
288 



272 



convpyance:», of school sited, bow 
execiitpd, • 

to tiu'«tpps, how to be m.ide,-' •• 

of school lamls, how made, 

costs, none to be charged against 
school olTicers, ill certain cases, 



272 

291 

273 

272 
27,' 
296 

291 



Schools, costs, of suits for.trcBpassii.g on 

school land*, 293 

See ''Suits." 
countief", not collecting funds to re- 
ceive none, ; 288 

how taxes are to be distributed 

to, 288 

courts, county, may remove school 

coiiiJiii:jaion*r,' • 202 

may reijuire new bond froni com- 
missioner, 262 

invr-strd with jurisdiction in cer- 
tain cases, • 275 

fihallhave ju'isdicf.ionin tifspasa 

ta school lands. •• ■• 293 

shall have jurisdiction in actions 

against collectors, 288 

damages may be awarded against 

collectors, 276 

may be awarded on breath of 

morigage, 281 

devise, ir;av be bcciuealhed to Irus- 

te's,... 271 

deblSjdufi schools, to be fust paid,- 284 
directors, school or district, duly 

of, to transfer pupils, 269 

to have control of scho 'Is formed 
from two or more districts, • •• 269 

to draw orders Tor money, 209 

to pay share of expenses, 269 

to have control of school hous< s, 

&c , 272 

may convey school site, 272 

ploctio.i ot, 273 

in cr:3.T of vacancy in board of, 

how filled, 272 

to appoint a clerk^ 273 

shall not be trustees, 273 

shall i;ot be interested in con- 
tracts, 273 

may levy a tax for school pur- 
pose?, 274 

eball de: r'niiie amount necrn- 
sary to be raised for school' 

purposes, 274 

shall determine what rate per 

cent, t^hall tic levied, 274 

shall make known estimales, 
with a list of tax payers to 
county clerk by ceitifical'^,- • • 271 
shall submit the same t"^ a vcle 

of the people, 274 

form of certificate, 274 

bhall inform c.>li'Ctor, whtre 
districts arc composed of ecv- 
eral lownsbiiis, to what treas- 
urer to pay over taxes, 275 

how to proceed where a district 

is in two counties, 276 

may borrow money, 276 

to be a body corpoiate, &,c.,"" -76 

may purchase libraries. 277 

shall establish school?, erect 

houses, &,c., 277 

shall visit schools, 277 

shall appoint leachern, 277 



[ Xvi ] 



INDEX. 



•277 

277! 



>t flcc- 



Mul cortifv to 
.'..•• JSl 

'«'^ •; -''^i 

- :^ 'vi'h ♦f.^.'^irc-, 2Sl 

not t ^ rtifv scli^ciule in certain 
c i< -. •••• '2<\ 



iug on roails 



her. 

in 



to 


p(»n'ortn 


, to c'»n^iimft 


■ ■* 


S0C3 are 




■ nv ap- 


:... .., 


. «riiiii,j 


vi-'iiiiTil 


stricfs,. 



2SS 
28S 



290 



291 



2G8 

272 

2S3 

■ be formpd 

II ■■'■ ' \" : ;;■ re tr^wiishij)?.- 203 

pujtil«, fr 'III i\ro or raore,rr.av he 

269 



u ■ 

f!l C 
d - 



s are coii- 

rict to own 

272 

on of, funds to be j 

. <»f •••i or iiiore 



b ■ .1, 27(> 

shall !•«• . a >;e !•> I aCilVtl* for 
amnijnt ili.c af i-r lUe fuin! ih 

rxfiaux'.fil, 270' 

dtvidetiiJK, of tcliool lax, to bo de- I 

-' •'■' ' •■ • "■■' 2«5| 

*• waTTiiid, 2SS I 
•I'Tit of piib- 

i.. 2'<9! 

of «' :. cr-i, 2')1 j 

of lr.;!.'('-!'f h.;. ••i', 200 ' 

truRtpr^ to act an jmlgrs and | 

cl^rktof, 200, 

ir.atiorr of conduclidi;, for truB- ; 

terg, ^COj 

qitalifiration of vo'.rri »f, for { 

♦ r*!«»T», 267 I 

. . 207 



iHcat* to i> 



207 



IWGE, 

School.", elections, for pur|iose of raL-tiug 
fu'uls, In t>c SMlMuiltod to Ib'c 

f>pop!o, 274 

5!i:iil l>(> liol.l {icforo issuinp bonds 

f>ir borrow.', I money, 276 

s1j;i1I bi» held ii\ ordiT to erect or 

cbaiu'e tiobool house?, 277 

ennineratioti ol' piipiIs,how inruie,- 209 
evidence, receipt ol township treas- 
urer sluxli b^, "■ 203 

school comniiasioner may p,ive,. 205 
ji'dl book and ceifiilcate of elec- 
tion to be, 207 

poll book and certificate of elec- 
tion fo be, 273 

cxainiii.ition, nf books, notes, ac- 

connls, Sec, to be niadp, 271 

of teachers, 278 

executions. See "Judgments and 

F.xi'cutions.'' 
exemption, of scliool ofTicersfiom 
workinjr roadn, serving on ju- 
ries, Sm-., •••.. 288 

".\j e!kii;s of auppurling scboidii, 

how paid, 270 

executors and adniinistrators shall 

pay school debts first, 2S 1 

fincq. See "Penalties." 

funds, may be withheld by super- 

inloiident, • • •• 261 

county, may be loaned, 203 

tax, how divided ia formation of 

new district, "JOS 

how dislribuleil ly trustees, ••• 268 
trusiees nir.y make orders foi co!- 

lerlion of. 209 

how distributed in division of a 

distrirt, 272 

pot fo lie paid out except as des- 

i^tidted, : 279 

what bh ill rcuislitulfi the princi- 

|>i! of sihool, 288 

no |iart of schoid, to be expended, 287 

how to be paid out, 287 

form or ord-r, 287 

wh.Tl K'.all cou'slitute school, 287 

where a county fails to collect 
taxes no, to be received by 

Rue|) county, 

Ptaff ' D p;iy interest on school,' 288 
divilfnds to be made by auditor, 

I. jj-jhool, 288 

to be paid on auditor's warrants, 288 
not to be paid to local treasurer 

in cer!airi easep, 292 

persons of color to have benefit of, 292 
statement of, (o ho made by com- 

niissioiicr, 21)0 

.S>"C '•■ Moneys." 
gifl I nnd (jrantg, may be made to 

truiiteea, 271 

imjirovcnicnts, IlaMe to be destroy- 
• d, not be ini:liji'e<l ill inort- 
L-ag", 284 



INDEX. 



[ xvii ] 



Schools, iniliclniciit, poisoi.M lialilo to, 

for tiesp.isainp'Mi silio jllaml?, :203 
inti ri^if, oil money lo.wiPil, accoint 

to ho kept t)j' coinmissioriPr. .• 261^ 
of county fi!!i<K how to be applifcu, 2<33 
what rate of, may be Iivipdby 

dirpctora, 274 

on money borrowed by directors, 27fi 
rate of, on money loaned by treas- 
urer: " 283 

procpf<iin;'9 in case of failure to 

pay,.... 285 

to be jiaid by the stale on school 

f.ind. 288 

judgriit'nta and executions, real 
estate inaj' bo purchased by 
trus'cps in Balisfaction of, •>.. 272 
for dainafjea apainst coUector, •. 276 
in wiiat cases executions nay 
issue atraiiist trustees and di- 
rectors, 278 

may be rend-'rcd by county court 

ajjainst collector, 288 

in case of, against treasurer,. •• 29(i 
to be i lien from date of process, 200 
justices of the peace, tu havx juiis- 

dicLion in tertain c:isoa, 285 

to have jurisdiction in certain 

cases, 2U3 

ia case of failure to pay over 

fines. &c.,,.. 290 

larids, school, pelilion for sale of, 

to be record" il, 262 

account of sale of, to be kept, .• 2(i2 
purchases of, declared valid, • . • • 273 

leases of, to reui.un valid, 291 

heretofore offered for sale, how 

to be sold. 291 

what sliall constitute schon), 292 

business of townships sh.ill be 
transacted in the couiity which 
contains greatest portion of,-- 293 
penalty for cutting trees on. ••.• 293 

penalty for trcppassinir on, 293 

sales of. liow to be m.idp, 294 

what number of itdiabitants a 
township shall contain in order 

'to sell, 291 

how to be subdividfd. 291 

terms of sales of, 29.'j 

placo of aelling. 29."j 

notice of saleof. 295 

school criinmiHsioner shall sell, 

and liow. •• 29.5 

payment tor, how to be made... 293 
unsold, bow to be disposed of.. 296 
certificate of purchase to be 

Riven, 296 

statement of s.iles of, how made. 296 
traii!*cript of sales of, to be made 

t" auiiitor, 297 

pur^tia-ipis of, to receive a p.it- 

ri :' 297 

bee 'Ileal Estate." 



PAGE. 

Schools, leases, of school landd to le- 

main valid. 20! 

lial.iiities. of school otficcrs, 288 

real estate bound for claims 

ajrainst school ofTicers, 290 

See "Penalties." 
libraries, may be purchased by 

dirrctors, 277 

to be under control of dirrcton, 277 
liens, proress .T^ainst: Rohool ofii- 

cera shall be from date, 290 

loans of money, by treasurer, to be 

made, ■• 283 

mandamus, maybe issued in certain 

cases, • • 278 

maps, of tovvnpliipsto be prep.-.rcd, 268 
to be cei tified and recorded,. ■ •. 268 
meetines. for examination of teach- 
ers,. 279 

moneys, to be delivered by school 

pommiasioner to successor. .• . 264 
may be loane<l by echool com- 
missioner, 264 

to be paid on order of the direc- 
tors, ..-. 269 

for r.«e of tow nsliip, to be paid to 

treasurer. '272 

for school purposes. may be raised 

by directors, 274 

rate per cent, to be determined 

Iv directors, 274 

may be bt>rrowed by director?,.. 276 
surplus, may be expended by di- 
rectors, 277 

may be loaned by treasurer,.-.. 283 
additional security may hi re- 
quired, 284 

Sec -'Funds." 
mortgages, in nnme of school com- 

missicncr declared valid, 264 

suits may be brouL;ht on, and 

how, '• 204 

may b^ canceled by triistees," . 272 
to be taken for money loaned 1 y 

treasurer, 283 

form of,...^ 284 

ia case of breach, suit may be 

maintair.rd, • .• • 284 

improvements lii'.ble to be de- 
stroyed not to be included in,. 284 
negroes. See ''Persons 9t Color." 
notes, in name of school commis- 
sioner declor-'-d valid, 264 

how suits may be brought on,.- . 264 
may he canfuled by trnsteep,- • .• 272 
may be taken by treasurer for 

moiioy lo:ined. 287 

liOtictf of sale of school site to be 

posted. 272 

of sale of real estate, 273 

of election of diiecf'TS. 273 

of election to if<sue bonds for bor- 
rowed money, 276 

of election to change scbcol houses, 277 



[ x\iii ] 



I^DEX. 



r.VGK. 

Bcbools, r.'>lioo, of woetinps for os.tmin- 

atioii of ti'Hohrrs, iTl' 

of salt's of school Inn Is, •_".'•"> 

offi.'o, term of, of .s«j>ciii>teinloiit,. . 'J."i'.i 

oith of. of •!uiHMintonil<Mit '2:><t 

t'-rm of. of school couiniis.-'i.iniTs, . •jr- 1 

t-nn of, tnistofs, ^'-t; 

si'lir.ol lOiuuiissioHors to eontiinio 

in. nutil smvossor.^ arc i'K'« ti>«l, 2'.'1 
tni-tiv-s of s^'hools t() contiinii' in, 

nnril s;iooi'ssoi-s elocttil, '201 

ilin i tos to continue in, until suc- 

csjors olt^ctcd. 2iM 

office) s of scliools, exciiiptoil IVoni 
woikin^ roads, soiviniroji juries, 

ic, -iSS 

liabilities of, 288 

re.il estate of, suhji'ct ti» lien 2V0 

su'ieet to penalty for liiilin^ lo do 

duty '. !. 200 

re.-(>on.-il)Ie for losisea, 2'.!1 

not liable f4)r cu-ts in certain cases, 2i>l 
herciofure uppointcd, to continue 
in olVico until sucec^sor^ lire 

elected, 201 

in town mid cities, their duties,. . 202 
officcis of courts, not to retjuiro costs 

in certain cases, 201 

in c-.ise, fiil to pay over lines, &c., 20o 
pat'-nt^, to he v'iven to purchasers of 

school lands, 20? 

how to l<e issued 207 

fluplicate copies of, may ho issued, 207 
payment, for school lands, how lo be 

tn:vle, 295 

pcnalli<'S, what, collectors may be 

sub;.rt to, ". . . , 27.". 

what, toHUrship trou«iircr may be 

subject to, 285 

whiit, school olHcer*inay be sub- 
ject lo, 288 

wlwt, (''•h<»ol olTiccrs may be sub- 
ject to for failing; in llieirduties, 20O 
wliat, in ca"!- of false returns,. . . . 20O 

Ikjw ' • ' ■.•■ 201 

for 1 liindfl . \i:>:\ 

(bi 1 I.indH. . . .'■>'■' 

h(.;^ 20:{ 

bo,. ..f, 20:! 

ptTiKjj.fl i>! iDair, to hi4,<' lien I of 

••<:lio<d fun<l in crrl.iiii <Mi-.es,.. 202 
pvlii '.(iol hind.H .shall 

I . 201 

t- ' A.-. 201 

i">w pitld, 2(51 

; lie, 27S 

iKiw tti l»; iHTved, . .•...•• 2(8 

ff.,'!i '!->•" -•mil Ik« a Men, 'iW 

pf id of tru't.- ■«, how 

2<17 

2fiH 

...... 272 

i ' ...n.U. '.?7''. 



I'AGK. 

Schools, property of a district to be dis- 
tributed in case of a division,. . 27'J 
pupils of two or more districts, how 

transll rrcd, 2t>0 

purchase of real estate by trustees,. 272 
of school hinds by persons, how 

jnade, 2;'^ 

certificutes of, to be given, 20« 

purchasers of school lands to receive 

patents, 207 

may obtain duplicate patents,. . . . 207 

qualilications of teachers, 278 

> real estate, taken for debts may be 

refold, >, •Kid 

may be i)iircliascd by trustees in 

certain cases 272 

title to, to vest in trustees in certain 

cases 273 

nuiy be deedt d to trustees in com- 
promise, 27"3 

may be sold at auction by trustees, 273 

.sales of, how made, 273 

pm-chases of, declared valid, .... 27- 
.shall be bound ior claims against 
school officers from date of pro- 
cess, , 200 

sale of, .hall not defeat lien 20u 

may bo sold in satisfaction of 

jiid.rxment 200 

Sec "Lands." 
removal of townshiji treasurer, Low 

made,. . . 273 

of teachers, how made, 270 

report of superintendent, '_'lUi 

wlicn to be made to <^ovornor, . . . 2G0 
to lie hiid liil'ori' ;;cncral a.ssembly, 260 
of sclioohs in towns and cities,. . . . 202 
rcluins, in case of olliccr making 

false, 200 

rules and rc^'ulatioiis may be made 

by superintendent, 200 

pahiries of snpcrinlendeiii, 2(il 

v.iien and how piid, 2(ll 

See "(.'oiiipcnsation.'' 
ealetitd' school liouses and sites, ... . 272 

of lands at am tioti, ;. . . . 27;j 

sh.ill not affect lien on real estate, 

ol '.-.•li'iol hulls, Imw to bo inude,. 204 

o!' • . liool li.n«!s, tiiiiirt of, 20f» 

of .-el.iio! lands, ]ilace of Hcllin;;, . . 205 
of .Hihool lumls, ailv<.'rtisemeni of, 20.'! 
of scliocd lands, to be made by 

eomniissioner, .... 205 

of school lands, pnymenis ^ow to 

be made, 205 

uifcdd lands siiliji cl to pri\ate 

Hal'-, 20C 

Stiitenieni of, to be made by com- 

ni!."- i.M- * 2:^1) 

Iran.-' ('.[it of, to l>i- (urniHhed to 

auditor, 207 

BchooN, under f<upcrvision <d' Miipcr- 

int<Midenl 2C0 



INDEX. 



[xix] 



Scliools, iiif'orniation rcsiici-tinfr, to be 
i'(>iiiiiiuiiit;iti(l U> f:u|iL-i|ateiul- 

vn< 204 

to III' visited l)y sdiool commis- 
sioner, 264 

ir.iiy lie estsiMisheil ooniprisiug pu- 
pils ol" (tiflen lit ilistrietc, 269 

will. II so tstuhlishcd, how sup- 
ported, ,■ 209 

direetors, toliave eoiitrol of, ... . 260 
expellees of su| ■porting, how paid, 2Ciy 

union, how foiniyd, 270 

devise or gnint may bo nuwU^ to,. 271 
diieetois, to determine amount 

neeef.-ury for, 274 

to bo otitablished by directors, . . 277 
not to be extended longer than six 

months 

school commissioners, to aihise with 

tuperintendent, 260 

whi n and how elected, 261 

to give bond, 261 

louditidn und peiiiilty of Ijond of, . 261 
action may Le maintained on be r.d 

of, 262 

form uf bond of, 262 

liable to bo removed by county 

court, ." 262 

&liall gi\(' licw bond if retiuired,. . 262 

vacuiicv in odiee, how filled, 1:02 

to provide books of record, 262 

to record petitions for sale of lands, 262 

to record plats, &c., 262 

to keep an account of sales of 

lands, 262 

to ki ep an account of money loaned, 263 

books, how paid for, 26^ 

shall lilo bond of township treas- 
urer, 263 

fhall deliver to township treasurer 
all bonds, notes, mortgages, &c., 203 

shall take receipt for same, 263 

receipt to be evidence, 263 

sh:ill make .ipportionment among 

townships, and how, 263 

shall pay over distributive share to 

treasurer annually, 263 

shall loan county fund, 263 

interest, how to be ap)>lied, 263 

shall give information to 6;ui)criu- 

tei.dent, 261 

shall deliver lo .••ucce.'->< v all pro- 
perty, o.". I x| liati<!. o ( ITiee,. . 264 
may loan moi.cs in fan.c v. ay as 

treasurers, 261 

notes?, mortgages, &c., in name of, 

valid, 261 

Sllil^ may be brought in name of,. 264 
duty of, to visit schools, give di- 

leciions, ic, 204 

may cmj^Ioy a c( uijietent person 
to furnish information, statistics, 
in:., in certain cases, 261 



PAOB. 

Schools, commisMoners, persons so cm- 
ployed to have aecc^■.s to books, 

p ipers, Ale., of township, 2tJ6 

to pay compensation to p. rsons so 

enijiloyed, 266 

to collect the amount so paid in ac- 
tion agaiuFt trustees 265 

mpy be \v;ti;e:'5' ir. sv.i h n?t:cn, ... 2G.'5 
monev so recovered to be jiaid 

over to, 26.% 

may resell real estate taken lor 

debts, 26» 

may retain ]ier cenra;.e for selling, 263 
shall examine teachers and give 

certilicate, 278 

may revoke certificate, 271* 

to fix a time for examining teach- 
ers, 279 

may proceed against colitetor in 

county court, 288 

compensation of, 288 

exempted from wiuking ro: il.-. 

serviiig on juries, i<.c., 288 

Ikbililicsof, 288 

penalty for faiiuig to perloini du- 
ties, 2t'0 

term of ollice of. 291 

not to pay funds to local trcatui er 

in certain cases, 2l'!l 

may bring suits against ofilcirs 

failing to pay over lines, i,c.,.. 293 
shall sell school lands, and in what. 

manner, 295 

shall give to purchaser certiiic!:tip, 2t6 
shall make stntenieuts of sale.-, 

money, &c., 296 

shall furnish to auditor tran.nrlpt 

of sales, 297 

rchool director. Sec "Directois." 
school fund. See "Funds" and 

"Moneys." 
school houses, title to, vested in 

trustees, 271 

control of, vested in directors, . . . 27'J 
may be conveyed by directois,. . . 27!i 

to be elected by directors, 277 

shall not be r-rected or ch.ngtd 

without an election, 277 

what, shall cnst, 278 

school lands. ?ec "I.andh" an'd 

"Kcal Estate." 
fidicf 1 sites. See "Sites." 
schoi.l iii.stces. See "Trustcci of 

Bcl.ot-ls." 
Bchool taxes. Pee "Taxc." 
EcbcduKs. Aii.]\ be kept by teachers, 280 

\;iii.t, rhall conluin, 280 

forn. ol, 280 

to le » rriilicd by teachers, 280 

to 1 e (:cli\(red to diiectors, 281 

to be exan in< d by i liectors, 281 

to be ccililic<l by directors, 281 

to be filed with treasurer, 281 



[xx] 



INJ.)EX. 



School-. 



i'llos, not to l«o ccrtifieil in 



ojvj 



2W ■ 



silt 
I 



-Ji* ( 

: Oil ill ccr- 
231 

• mJ 27-2 

. . '.low tna(K», '21 1 

'i-iiv mulo. -'•" 1 

' '■>!>. «l<^cI:trod si'liool ( 

S.>il ir Of)? ■ 

state s»i;iU j>iv intt-rosl on school 

fiiMil. 2SS 

Btatomenf of fonditioii of seliools to • 

;■ • I '27o! 

^- coijti!5n*»l in 270 

• .. tobc l;ii.n»oforo tnis- 

283 

I'l ho conluin-?'! In such,.. 265 

of 7..il.i of linl :tn.1 M.n-'vs ro- 

i'ivcd l>v <omiuis<iri!ii'r 200 

6t.ili(in-ry. .Tllnwcil to s\ip«rint(»nil- 

'•'»« ; '. 2C1 

' ■ ' • on notfj, 

nis-'ioniT, 2ril 

• l>c t wit- 



irpflsuror, 272 
collector 



-pvkIi .,f 



'>n monojr 



283 
!»• bnnipht in mmie 

285 

■It n^dinrtt trOBHurcr, 

285 

' ' ■;! count V court 

.' 2S8 

.'iiiiiHt trtmtcfH 
of treaiurci'il 

2' 

I ofllcerM 
2M1 



I'.t ,„..; -.i. 



PAOX. I I'AGB. 

lis, suprrinlenilfiit, oalli of,.... 2D9 

olliot" 111', whore to l>o Uept, 259 

b Miil of , pt'n;ilty aiul conditions 

of, 259 

boaks aiiil (loouineiits to bo pre- 

.*«t'r\e<l by, 259 

r«'.%>rtl to bV kept by, 259 

p.iy okor niont'ya, 2l»0 

to ;ii!\ is" xcbool couiniisaiouers 

ai.l LmcIj^ts, 2lU» 

to h.tv supervision of schoolsj.. 200 

lo issuo ciicnli\rs, 200 

tcr^n.iKo ropoita to governor, 200 

contents of report of, iOO 

lo ni.ike rnlr's iunl reirn!.iliorii<, •. 200 
topxpiiiin and iiiterjirct this act,. 201 
his decision to be final, except in 

certain cases. 201 

may cause funds (o be withheld, 201 
Btl.iry of, when .ind how paiii,.- 201 
to t)e allowed postage, stationery, 

&c., 201 

shall, snp": intend publication of 

this ,v.t 2M 

shall di^ffibnte this act, and in 

vvua. miiiner, 29S 

taxes, Frh'K.!, Ijow distributed v/hen 

n-'.v iliytricl is formed, 208 

direcl'.rp ni.iy levy, 270 

director, 1 i.iay levy. 271 

(.0 be coinp'iiod by county cleric,* 27 1 

ho'.v ctdlected, 275 

lo l)e paid by collector to town- 
ship treasurT, 275 

in I'iiac of reJ"ii3iil of collector to 

jiiy o».r, 275 

Low colliHti;d where disuict is in 

two cin.nti( 8, ••• 270 

shall not Le leviml for exleiidinp: 

school loiifiiT than six months, 278 
two mill, lo constitute school fu;id, 2.S7 
where coindy faiks to collect, it 

chall receive none, •• ... 288 

diviiletiila ,jf, to be made by au- 

tlil'ir, 288 

{(^vied, to remain valii!, 291 

persons of colono have !)cncfitof, 292 
tctichirs, b.ilance due them after 

fund is exhiusled, liow collect- 

'•'1, 277 

lo be apoointed by directors,. ••• 277 

compemation of, repnlattd by 

directo s, .. 277 

m.Ty be diHPiisf'ed by directors,.. 277 
to bn ex irnined l)y commieHioner, 278 
(j'l ilifieatioiu UTenvary for,.... 278 

to If ive crlificate, 278 

form of ceitifitafe, 279 

tn<'eliii(;ti for ex.Kuin.ition of, «.•• 279 
in cane of failure (J to attend 

examitiallon, 279 

lo exhildl rrrilU'-iile li«fore re- 

, ceivlnfjfniidH, 279 

2.'9 j ""'y '• ■'" h p..rticular branclipsin 
2r,i» I crrldincaaei, 279 



2hl 



INDEX. 



[ ^-^i J 



khools, tiMchrrf", sliall keep schpilulos, 2S0 ' 

form of t^ehf.iJulcs, 280 I 

ehiill attacli certificate 'o Bclied- I 

iiles, 2S0! 

to deliver scliediilps to diipctors, 281 | 
nob receivo coiiipciiSAtinn until j 

BclitMiiltj is lil<'«!, 2S1 

title in real estate u> vest in trustees i 

ill cert ii in case', 272 

towns and cities, special acts of, l 

not cliangeil by this act, 292 

ofTicers ol, h.ivin;! in charge j 

scliools, tlu' ies off 292 

townships, apjorlioi inent ainonp, ; 

how njade, 2G3 

distiibiiti\t sliare of, to Le priid I 

to treasureis annnuliy, 263! 

buHini'SS of, to be done liy tins- I 

tee.'', 2(15 I 

to l)f body corprirate, ■ •• 2t')rj j 

form of, natiie of, and style of... L'tio | 

to hcliid i.d" indi-slricts, '.. 2ti8 | 

map I'f, to he prepared. 208; 

school districts may be forrne<l j 

from several. 20S | 

wh^n divided by eoni;ty line,sep- ' 

arate ennnierai ions to be mad", 271 
to be conmdered as incorporated 

by this act. 291 

township treasurer. See '• Treas- ] 

!irer.'' I 

transcript of sales of school lands I 

to be furnished to auditor,.... 297 | 

treasurer, township, bond of to be 

filed by school commissioner, 263 
moneys, bonds, &,c., to be deliv- I 

ered to by commissioner, 2tJ3 [ 

to Rive receipt for same, 2t}3 j 

receipt of, to be evidence. 263 

distributive share to be paid to, j 

annually, 2(i3 ! 

how appointed, 2t)7 i 

accounts of, lo be examiiied,.... 271 ' 
proceeds of sales of school sites ; 

to be paiil lo, 272 i 

moneys for use of townships to j 

be p.ii.i to, 272 : 

may be removed by trustees..... 272 

may be sued o:t bond, 272 ! 

collector to pay over to, full 

amount of tax, 27') 

«rhe(iulc to befded with, 2 'I I 

tofcivebond with seen ity,.- • . 281 j 

form of bo id of, 2S2 I 

) jrrovide bcoka amf keep ac- 
counts. 2'^2 ' 

T"coutits,i!ow kep', j-^ 

Ml ill loan money, .; -.; 

terms on wliieli, plia'l io.!.,i m.-ney. L \, 
may ie.p:ire additional security. 2N4 l 
if not S'^'fiii shall ins'itute imit, 2t4 j 
•h.^ll have debts d le probated and i 

class'-d. 23 1 1 

may brm^ puils for in.erest on 

loaned money, 234 1 

All! keep a'A iTioaevP, hooks, tc., ! 
u/ Uwu«tip, < 28&I 



Schools, treasiif'^r, shall make statcinent 

to trustees on certain I'avs, 285 
wliat shall be contained in btaCu- 

nient of, 28S 

penalty in case of faihire to jjrr- 

foim tUilie;'. 28.*) 

not liable in ceitain caofs 280 

to deliver in<uiey. books, &,c., to 

successor, 286 

in case of di-alh of, 2><(\ 

compensation of, 268 

L'xernpte'l Iroin worKiiij; inads, 

servintr on jui ies, litc, 288 

liabilities of, 2i38 

trees, penalty for cutting, on school 

lands, 293 

trespass on school lands, how ]iuii- 

ished, 293 

trustees of schools, to I c body cor- 
porate and piliiie, 20.** 

name and style of. 265 

term of ollice of. 2<il) 

eliiiibility of,... 2ti« 

election of. 26t> 

election of, may be postfioned in 

ceItainca^'e8 266 

to act as judfjes and cleiks at 

elections, 266 

in case < f refusal of. I<i serve at 

elections, 266 

time and manner of elt-iiu «;. .... 206 

qualilicaiions of voter foi, 207 

incase of a lie in electioi.s,.... 207 
in case of vacancy in board of... 207 
to be successors to trus.ees of 

school lands, 207 

propirty to be vested in, 207 

to hold semi-annual meetings,.. 207 
special meetings of, how called, 207 
how board of, shall be oitranized, 267 

may api)oint a prcsidem, '• 267 

may appoint a township treasurer, 207 
may remove olllcers for cause,.. 207 
duty of president of board of,-. 20S 

duty of clerk of board of, 20S 

lay township olt into dibfncts,.. 208 
lo prepare n.ap of township,.... 20S 
may form school districts from 

several townships,. 268 

to make division of taxes in new 

district and how, 268 

funds, how to be distributed by,. 208 
may make orders for collectioti of 

funds, 2G» 

lo asc'-rtaiii amount in hai ds of 

treasurer, 269 

to examine certificate of direclors, K'ttt 
to draw on treisurerfi-r payinei.t 

of teachers, 27'J 

rnjy appoint director? of union 

schools, 270 

plnll make staten;ciif« of condi- 
tion of pchocds, '. .. 270 

what shall be contained in state- 
ment ol , 270 

duty of, in case townehip is Ui- 
vid«d by county liue, ;j7l 



[xxul 



INDEX. 



\ 



•27- 
'272 

272 



27'' 
272 



cboo'.9, trusters, shall make pxamina- 

lioaof bocks, inartsr.ij*'?, &c., 271 

may rerceive ilfviaf, 'irift or 
sr.TC, 271 

\ !i title and custody of 

isos. '». . C7l 

j.. iiJ clerk of board of, 

f) execu'e conveyances, 272 

to distribtito furids, &c., in di- 
vision of .listrict, '272 

8h*!i caus^ all moneys to be paid 
to lr<"a!«iirer. '272 

D". ly remov.' townshiji treasurer, 

may sue t >vviishi|) trcdsurer, •••• 

may purchase real estate in sat- 
isfaction ot jiiti:me;it, 

title to anoh ostaleto vest in, for 
school purposes, • 

may settle wi'h p'-rsons indebted, 

may recoil « vio-ds to roal estate 
in co:np;'>mne, • 272 

may cancel lion.'s, niortjjapes, &.c. 272 

m ly lease or sell landaat auction, '2T,i 

shall not be interested in con- 
tracts, 27;{ 

shall not be director, 27;^ 

execution may issue atrainst, • ••• 27S 

ex''niplcd fioui workinj; roa(N, 
serviii:; on juries. Sec, 2S'< 

liabili'ies of, 28"^ 

liable for 8 ifliciciicy of Ireasu- 
I er'a securities, • . 2110 

|ie:ialt/ for failing to perform 
duties, 290 

to continue in office until snc- 
cesiors appniiite<I, 201 

boiT to proceed in aeliins school 

lands. 231 

tfu*l<'« of school lands, trustees 
of achouJH declared succssors 

of, ••. 207 

racai" y in office of Rch'>ol coin- 

irin«ioner, bow filkil. 202 

ill 'xiird of Irnstcn", how filled, 207 
wilneM, school commissioner may 

b-, 20.-) 

S^e •' Kvi lonre." 

.S<«e .Vonnal University, '20H 

ichool CJinmi-' ''•ii'*r of Carroll county 

t'» r-i» irv.'y and s«dl certain 

•rbcol lands in said count). •• 173 

directors in certain school district 

in Carroll roiuity to sell school 

h .<!< ' 301 

certain > l'arfi>ll counlv 

alt.;'... . !»ool p>irpu«rii,> 17'J 

•et in reUlt'Mi to union schoul dia- 

tfict, in yu;nfy. See Quincy, 17U 
anion school district, in Lacoii. 

H*e Laroii, 1H8 

Ml ict, Williamson 

•bed, IS7 

to . , '. ..ion of nlTicera 

ami tlii-ir ilnty, 1H7 

not to interffie writh con'.racta 
liefttofofe mit(l», 197 



TAOH. 

Schji'ls, St. Charles, school district in, 

autb.ori/od to borrow nionevr** 202 

Livingston county, ussesament of 
properly m certain school dis- 
trict, leVali/.ed, 207 

triisiecs, in township :i3 nouli, 
raii;;e one iMt>t, authoiiz.d to 
boriow inoiioy. '223 

Jackson ooiiiity, fractional i mn- 
ship formed ii.to s< lioil dis- 
trict, 224 

Dlooniin2;toii, act to esiablisli 
public shools in, 22fl 

election, and duly "f ollicers. 220, "227 

distribution of schoul funds,... 228 

boaid of education to control 
schools, 228 

report to city comic il. 229 

city council to levy t.ix, 229 

colb'clion and disiribuaon of,--- '229 

title to school properly to vrvsi in 

boiiil of eiliication. 230 

Peoria, city of, act to aiu'-nd char- 
ter, and to establish and to 
reuulate public schools i,i,. ■ . • 231 

tiuiiil">r of iiispeclois inci'-asiMl, 
ttrin of oliice. f;e eral pmvrrs, 231 

vacancies in boaid, how lilled.-- 232 

election of, wIumi und liiw com- 
duciod. • 233 

inap'-clors to be Irnsifi's in lown- 
sliii'S north, ran;;e 8 e.isi,-... 232 

powers and duties of. as •*<*' li.-- 232 

school directors, in disliicis iii 
the town id' I'eoria, lo Irv v 
I IX, '. 233 

certain sections of loimi-i .n-, 
amended. • 233 

sale of n-itain piopei:y in I .ii- 
8oii fi, Saiiiifoid's H'l.lilio I i<>- 
j,'iil:/.'-.l. 233 

citv C'luncil, aulhori/ed lo issue 
boiids for ccHain jnirpoaes ••• 234 

may levy lax to ni>-i't the in:, rest, 234 

duty of city council in n-b'. ion 

to bonds. 234, 235 

Rock Isl.iiid school disli ict, ii.cor- 

porated, 248 

boiiiidarii.'S of, elections, oinceis, 
their duty. 248 

board of educition, ineetiiiRS of, 
may appoint ollicers. 249 

lefjal HucccSHors to trustees, may 
receive ^ilts, powerlo hold and 
Boll property, • 250 

may borrow money, judgment 
airainst. raise taxes. 251 

boaid to transact all biiHineHs in 
relation to coinipuii schools, •• 2!T2 

duties of. in relation to ground, 
buildmirt and re),'nlatioii of 
B-hoolH, • • "213 

territory now and hereafter in- 
cluded in, 294 

penally for failure to perform 
duties, 2M 



i:ndex. 



[ xxiiJ ] 



Scliools, IrociuoU uountv, s;»le of school 

l.iud lej,Mli/.oii, 235 

Sohuvl'.T county circuit court, wlicii licld, 5 
Scott coi:uty cii>.^uil court, wli-'ii licid, .. 22 
bcott, totvii of, 111 Ogle coiiiilv, board of 

ciUic.ilioii to procure libraries,... 195 
Hears, Ikcv. Mr. Siu A|j,)roiMi.itioiis, . . . 211 
Becrei.irv oi si iic, to ii-.ui.-iiiit copies of 

luc iici cxaliiig tlic ItSLii circuit,. 15 

the niiicli'cutu circmi, 4 

the iwciiiicili circuit, It) 

t!ie iwciily-iir.-t circuit, y 

the tweui,> -second circuit, 7 

till.' ikVciity-iliirU circuit, 18 

the nvfiuy-l'oiirtU circuit, l!l 

to .liHtrilmtu I'urple's fcji.UiUe, 4o 

to di.-'iri^ltule stututcs compiled l>y 

bcatc.-<, Treat and bl.icUv\c!l, .... 158 
send copies of act in rviuiioii to coun- 
ty ^)l' llolnies, '.' > 

of act in relation to Douglas county, 74 

sul.u.v of, 2aii 

Sharp, W i.iiain. See Houds, 7i'> 

Ishcnil:-, in i:ith circuit. See Practice, ii" 

in L.i :mi.u county, duty of, 17u 

in Iv uic county, duty of, 1 7o 

ui cjov:-" oi special b.iil, duly of,. . . . lOo 
may iiUniiiis.er oaths in certain cu.ses, lU-i 
iu Siii^.iiiioii count;, duty of in re- 
lation 10 public si.ite buildings,. 35 
fees ol sliern^s and jailors for board- 
ing prisoners, 152 

duty ul, in cases of iitcaciuneiits 
a,^'.iiii.-t ttc.iinbo it.-i and other wa- 
ter craft, lw:> 

See liaiiiiis, JU 

Shuciv, Jacoo, aii.uior to sell laud to,.. 6.^ 

Blade ij. b*'.v KoaU:^, 145 

55iuitli, Will. li. .See Koails, GU 

finiilli, .lostpii See Koads, bl 

Buiitli, WiMain M. rice lloads, 155 

binout, Joliii ii.., securities ol, released 

liom a jiiilguieut, 196 

bparks, W. A. .J. See Appropriation.-*,. 243 
tpring.icld, certain ground in, jurisdiction 

ceded I J the United States, 40, 42 

BlAte'd aliuruey, election, duty and fees 

oi, in eigiiteciilli circuit, 15 

HI liie nintcenth circuit, 4 

in tiie twentieth circuit, 1(5 

in the twenty-lirit circuit, 9 

in the twenty-second circuit, 6 

in tin; twenty-third circuit 18 

iu tue twenly-fourtli circuit, 21 

duty of, ill Heconi circuit, 21 

§tarne, A. See Appropriation;', . . 213, 244 
litarr, Jas. i<. See Horticultural Society, 20l 

St. Jolin, Jolm. See linad.s, It}? 

Btato lands, uuditor to adverti"? •• and sell, 61 

auditor to sell to Uodfrc<l Lam!>ert, 

J. Slinck and Jerome L Souut, ... 80 

Bl!\te det»t, all .ict to rodnco the same. . . 100 

durplu.^ funds iroiu two mill ux, how 

cxpcudcd , 10< • 



State debt, arrears of intere.«t on, to l>c 

funded. See Public Debt 104 

State house. See I'ubiie IUi.ldinj.'.s, . . . . 35 

See Apiiropiiations, 245 

Slate roads. See Koads. 

Slate lieyister. Sco Ap|>r<)|)riations 245 

Si,atutcs oi the state of Illinois, compi- 
lation of, liy iN. II. Purple, 4> 

number of copies to be delivered,. . 43 
secreiury of state to distriijute,. ... 43 
of the state of Illinois, coinpiialion 
of bv Walter B. Scutes, Samuel 
II. Treat and Uol.crt S. blackweil, 157 
number of cfjjiies to be purchasicd of 

1), 1!. Cooke .\i Co, 157, 168 

distriliutiou of, how and to whom 

made, 153 

Steamboats, 1 iw in relation to, amended, 103 
li.iSle for debt.-J, for sujiplics, labor, 
materials, &,c., contracted by mas- 
ter, owner, steward, agent or con- 
signee, 105 

for d:iiii iges on contracts, for injuries 
to p rsoiis or proiierty by steam- 
boat or water craft, 105 

for d.im igi's for injury done to per- 
sons by the cap'ain, in.ite or other 

oiiicurs or mtrii, 105 

stiMiulioits or other cr.ifi or owners 

iii.iy lie sueil, ]05 

practice, duty of olUccrs, 105 

boiul m.iy be given, condition of, 105 
proceedings before and after judg- 

III. lit, 106 

justices of the peace to have juris- 
diction, appeals allowed, property 

restored or restrained, &c., 106 

wlicre cause of action accrues out of 

this state, l(>^ 

attacliiiients against boats and vcs- 

.sels, law amended, 62 

where service is remlcred by one 
boat or vessel to anotlicr, lien cre- 
ated as in other cases of liens,. . . 52 
Stephcn.-'On county, circuit court, when 

held, ". 10 

St. Clair county circuit court, when held, 20 

Stewart, Lewis. See Koau.-, 8 

Stocks id' United States, and the several 
states, at wiiat rate I'cceived by 
auditor for banki:ig puriuiscs. Sec 

iJaniving Law 24 

Stock, Mercer county, sheep and swine 

not to run at large, 194 

Stiirdcvant, J. C. See Appropriations, 21 A 
Suiuinons, See Practice. 
Su;'rome court. See Courts. 
SupiTvi.sorj, of Adams ami Hancock coun- 
ties, not to suiiiuion juries unless 

judge certify, 271 

to rclund money in cerLiin casea 

Sec S.v»uip Lauds, IU 

board to ajipoiut pl.iidi road inspcc- 
UjrH Ill 



[xxivj 



IXDEX. 



TAliK. 

&.t.-\nip niiti t.v. 'lowotl lund. "[oncral law 

« lo, aiiK-uiloil, 119 

!<> v.tv.ud iiionov ill oi-r- 

'. Ihi 

..or./L.i, in KankHkoe., 
V«rinilion, riiitt, 
V\ ; i Mi'Umii, 1-'2 

: rj-i 

' iMMii. »nu_\ III oiiu'<'r>, . . . . liI2 
ffolion of jivncr.il law rv- 
J •> .) 

iirijiiii^ I'lom 
uut ujioii the 

.•ffurt, 41 

i - :ui.-iii^ from 

i •>- .lot llio louulv 

!. 11 

111 ■• "i. I .'..in, to bo valiu-d mid 

•->i'i,.-.. 0.1 

ill A .-, i'iko mid I'allioun, iiii to 

-•■•••••■•■• 2 ,'i .*) 

^ > art!, authori/A'<l t<» loii- 

Mu. ; j.Wi' *25;, 

wiuW, v.liiTi !.• ••'.laiKiicf, ri_-lit of 

:'>d, 2:ij 

!■* to appoint coni- 

:i50, ii^7 

?lalc troasuier to pny 

2T,C, 

ci>tua\ cii I . . .i-j 2ri(5 
*p ' ;■ I I iv. . . 256 
n-. J' it '1 t;i\ i«> '.h; |/..id txt.ipi up- 
>jii :{.'•.. r.tioii, 2'>7 

T. 

ii. Sec lioail.^, • 07 

■'.- .'• — • ■''■ "U,.. G8, 77 

25 

• , wlicii 

H 

tttv r«Mirt ;;() 

' ! t, 44 

"i i;i; 

■».» ' -i. 216 

fi06 I 

Towr. xation, ;>inriil Juw I 
I • ' 



6o 



I Tu\vii*liip organization, suporvisoi-s niu\ 
; ni>i>i>int town ofhopis' in certain 

f.vsfs, 1S3 

I S'>i;'i-rvisor.s niav itttacll towns to 

I oiliiis, in rortain case..*, 184 

\ to\\i\ niootin,!!;, for niitseollanoons 

] l.tisiness, not to eonnnouoo until 

two oVlook 184 

cKitors may dttorntino what shall 
In- a law I'll! It iico , 1 8 1 

doctoi-s may auihnnzo iipsessmcnt of 
roail tax, 1 84 

any justiuc of tlu? pc.icc may uihnin- 
\Aer oaths .' 184 

coiiiiiii.-<sioniTS of hijAhway.-* ro(piirtil 
ti> render ucromit to ))o:'rd of au- 
ditors, vorifu'il Ity oatli, 185 

nppi'als from docitsions of connuia- 
..-ioiK'rs, !iow takon, 185 

dtiiy ot town clerk, snporvis-or orjus- 
iifo.>5 of the peace, in ease ol ap- 
peal, IW 

sui);Mvi.-*or5 to wiiom appeal is re- 
fericd, may a.^sess tlamagcs, 185 

compensation of supervisors, Itifi 

collector may make his bond to 
eouiiiy clerk, in eeit;\in event, .. 18ft 

fees of coiuity collectors or trous- 
urcrs, 1 8ft 

duty of collector when taxes nre 
t wicc paid , . ^ 1 Hft 

Fnper^'isors shall have power to ap- 
jn opriate funds to aid in the con- 
Pti-uction of roads and bridges,.. . 18ft 
Treasurer, state, to pay n^^ricuUural po- 

eli'tii'v", 141 

to p.iy D. B. Cooke fc <'n. , 158 

to par to state a;.MieHltnraI ijoeiotv, li^ft 

to pay I'. B. FouUe, '. . 219 

twlary of, 2«i» 

county, in counties acting imder 
town.- !i'p organization, fees of, . . Ii^ft 
Tnn(''e.4 dl' schools. Fi'C Schools. 

in townsliip S;! north, raii^je 1 east, 
•U\ intridian, authorized to bor- 
row niomy, 22t 

I. 

'' linn'l court, when h>'ld, 4 

■ I dirftrjct, l^uincy. Suo 

S 18rt 

"■le Schooh, 181 

' ! , juili.di<lioii of certain 

' ili'd 1(1, ill tiidi'nii, ^0 

■r.i ofeerlaiii LiudH ceded to, 
I . .'i.iingQeld 4U, 4a 

V. 



..III.' t. I , M. See RoadM, ''.'< 

\ vfuii iijii cuunly, circuit court, when 

l.'ld, U 

Bte county of IIolmcH V4 



INDEX. 



[xxv] 



Venue, changes may be taken from 
county coiiita of La Sille, Liv- 
iiigston ami Gr\imly ooiintiea," • 45 
from llie Ta'/.fwell county court,- •• 37 

Vosaela. See Steamlioats, 52, 105 

Virdcn, John C. Si>e Jtoada, 75 

AV. 

Wabash county cirouifc court, when 

li.'l. 26 

\\\ . \}. J. See Appropria- 

i. , 2IC, 217 

Walker, (ji-or^;n K , commijisioner to 

builil court room,* 34 

Walker, David, act for benefit of heirs 

or, - 1R2 

Wallace, n. L , commissioner to build 

courtroom, 34 

Ward, .Iamc8. See Roads, 50 

Wauconda, alteration of plat of village 

of, 57 

commi- ,iointed, their duty 57 

to ma' |dat and file tlie" 

saint ...... clerk circuit court 

of Lake county, 58 

map or plat to !ii- recorded, 58 

Warren kounty circuit court, when held, 
Washinfcton county circuit court, when 

held, 20 

Watson, William D., and Lamb and 

Bright to 8ell school land and 

house, 257 

Wayne county circuit court, when held, 20 

Wellp, J. U. Sec Wauconda, 57 

Wells, Elijah. See Roads, 140 

Weston, James A. Soc Roada. 144 

White county circuit court, when held, 26 
White, Thomas M., aiulior to settle 

with securities of, ..._.. 91 



Whitinp, J. E. See Appropriations...... 246 

Whiteside co-juty, circuit court, when 

held, 6 

county court. See Courts, 128 

county seat of, act to removs,- ••• 236 
See County Seat. 

Wickerbham, D. See Aj)propriation9, 244 

VVilcox, Elijah. See Roads, 177 

Will county, circuit courf, when held,* 28 

county court. See Courts, 145 

county commissioners' court, cer- 
tain reconl of, in relation to a 

roaii, lenjalized, 197 

Wills. See Real Estate of Deceased 

Persons, 1^8 

Williiinison county, circuit court, when 

ladd, 4 

Marion sohool district. See Schools, 187 

Williiims, John. Si-e lloads, 75 

Williams & Link. Sec Appropriations, 243 

Wilson & liughcs. Sec Appropriatious, 246 
Winnebago county, circtiit court, when 

ludd, 10 

countv court. Sec Court", 155 

Wise & Liiidsay. Soc ; • 216 
Woodford couuty circ ' 

held, 8 

Woods, Jame.-!. See Roads, 81 

Woodwortli, Mnrtin. Sec Roads, fifi 



Young, Richard M. , act to roiniluirsc 
certain nioncv, 



DS 



Zeigler, William, act for relief of, ... . 166 



—23