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Full text of "Laws of the State of Illinois"

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L^lWS 



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OF THE 



STATE OF ILLINOIS, 



PASSED BY THE 



I 

TWENTY-FIRST GENERAL ASSEMBLY, 



CONVENED JANUARY 3, 1859. 



SPRINGFIELD : 

BAILHACHE k BAKER, PRINTERS. 
1859 



Digitized by the Internet Archive 
in 2010 with funding from 
CARLI: Consortium of Academic and Research Libraries in 



hnois 



http://www.archive.org/details/lawsofstateofill1859gilli 



TABLE OF CONTENTS 

[public laws.] 



PAGE. 

APPRENTICES: 

An act concerning Apprentices 9 

APPROPRIATIONS : 

An act making partial appropriations, for defraying the expenses of this General 
Assembly 10 

An act to defray certain expenses before the Finance Committee of the Senate 10 

An act to provide for the completion of the Supreme Court and Library Building in the 
Third Grand Division 11 

An act to supply deficiencies in the appropriations to the Deaf and Dumb Institution 11 

An act making provision for the support of the Institutions for the Deaf and Dumb and 
Blind 12 

An act making appropriations for the completion of the Illinois State Hospital for the 
Insane 13 

An act to provide for sustaining the Illinois State Hospital for the Insane, for the years 
eighteen hundred and fifty-nine and sixty 14 

An act making additional appropriations and provisions for the Penitentiaries 14 

An act to authorize the treasurer of the state to pay to the superintendent of the Peniten- 
tiary eertain claims therein mentioned 16 

ARSON: 

An act further defining the crime of Arson 16 

ATTORNEYS : 

An act to amend an act entitled "An act in relation to the Attorney General and State's 
Attorneys," approved February 28th, 1847 17 

CAPITAL PUNISHMENT: 

An act regulating the manner of inflicting the punishment of death in capital cases 17 

CITIZENSHIP : 

An act to restore Rufus Seay and Joseph Seay to the rights of citizenship 18 

CLAIMS: 

An act to authorize the investigation, and if just, the payment of the claim of Magniac, 

Jardine & Co ', 18 

An act authorizing the Govornor to adjust the account of Thompson <fc Foreman 19 

CONVEYANCE : 

An act concerning the conveyance of real estate in this state, for the security of the 
school fund in the state of Connecticut 19 

CORPORATIONS: 

An act for the incorporation of Benevolent, Educational, Literary, Musical, Scientific and 
Missionary Societies — including Societies formed for Mutual Improvement or for the 
Promotion of the Arts 20 

An act to amend an act entitled " An act to authorize the formation of corporations for 
Manufacturing, Mining, Mechanical or Chemical purposes," approved Eebruary 18, 1857 23 

An act amendatory of the act approved March 3d, 1845, in relation to Fire Companies 23 

An act authorizing corporations to call stockholders' meetings 23 



CONTENTS. 

COUNTIES : page. 

An act to establish the county of Douglas, and for other purposes therein named 24 

An act supplementary to an act for the creation of the county of Douglas, approved Feb- 
ruary 8th, 1S59 28- 

An act to create the county of Ford, and for other purposes 29 

An act in relation to a certain county therein named 33 

An act to legalize the sales of certain lands under judgments and decrees, in Franklin 

county 34 

An act for the benefit of Hardin county 34 

An act to authorize the County Court of Henderson county to use a part of the poor 

house in said county as a county jail 35 

An act to legalize the acts of the Commissioners of Highways for the county of Iroquois, 

for the year 1857 36 

An act to authorize the Board of Supervisors of McLean county to issue bonds to pay off 

their subscription to the Board of Education of the state of Illinois 36 

An act to amend an act entitled " An act to authorize the Board of Supervisors in and for 

Peoria county to build a court house and jail, and to issue bonds to pay for the same.".. 37 

An act to enable the county of Saline to construct county buildings 38 

An act to authorize the Township Treasurers of Schuyler county to purchase certain 

county indebtedness 39 

An act to authorize the county of St. Clair to borrow money to complete the Court House 

of said county 39 

An act to authorize the Supervisors of the county of Stephenson to borrow money 40 

An act to amend an act entitled "An act to provide for the sale of property in White 

county," approved Februai-y 27th, 1847 40 

An act to legalize certain acts and proceedings of the Board of Supervisors of Whiteside 

county in relation to the sale and conveyance of the swamp and overflowed lands 

situated in said county 41 

COUKTY SEATS: 

An act to provide for the removal of the County Seat of Alexander county, in this state.. 41 

An act to relocate the County Seat of Eifingham county 43 

An act to provide for an election for the removal of the County Seat of Henderson county 44 

An act for relocating the County Seat of the county of Kendall 45 

An act to amend an act entitled " An act to provide for the relocation of the county seat 

of Tazewell county, and the erection of public buildings," approved February 2, 1849... 46 

COURTS : 

An act to authorize courts in this state to hold over in cases where capital trials are 

pending • 47 

An act authorizing the judges of the supreme courts to correct judgments in certain cases 

in vacation 47 

An act in relation to certain decrees in chancery and orders of court 48 

CIRCUIT COURTS: 

An act to change the time of holding courts in the first judicial circuit 48 

An act to change the time of holding courts in the second judicial circuit 49 

An act to establish the twenty-sixth judicial circuit, and declare what counties shall com- 
pose the third judicial circuit, and fix the time of holding courts in said circuits 50 

An act to establish the twenty-fifth judicial circuit, and to fix the time of holding courts 

in the fourth judicial circuit *>2 

An act to change the time of holding courts in the fifth judicial circuit 53 

An act to fix the time of holding courts in the sixth circuit and to regulate the practice 

therein • °^ 

An act to amend an act entitled "An act declaring what counties shall compose the eighth 
judicial circuit, and fix the times of holding courts and regulate the practice in said 

circuit," approved February 11th, 1857 55 

An act to repeal a certain act herein named, and to establish the twenty-third judicial 

circuit 56 

An act to fix the times of holding circuit courts in the county of Bureau 57 

An act to change the times of holding circuit courts in the county of Kendall in the ninth 

judicial circuit of the state of Illinois, and to regulate the practice therein 58 

An act to fix the time of holding courts in the tenth judicial circuit •••• •••••• 58 

An act to fix the terms of court in the several counties comprising the eleventh judicial 
circuit, to regulate practice and to repeal a certain act in relation to the court of chan- 
cery in Will county 59 

An act to explain a certain act therein named ... • * 

An act to change the time of holding courts in the twelfth judicial circuit.... 61 

An act to change the time of holding courts in the thirteenth judicial circuit 62 

An act regulating the terms of the circuit court for the county of Winnebago 62 



CONTENTS. T 

CIRCUIT COURTS: page. 

An act to regulate the practice in the sixteenth judicial circuit, and to change the time 

of holding courts therein t 

An act changing the time of holding the circuit courts in the seventeenth judicial circuit.. 64 

An act to establish the times of holding courts in the eighteenth judicial circuit 64 

An act to change the times of holding courts in the nineteenth judicial circuit 65 

An act to amend an act entitled " An act to establish the twentieth judicial circuit in the 

state of Illinois," approved February 7th, 1857 66 

An act entitled an act to repeal " An act to extend the jurisdiction of the county court of 

Tazewell county," approved February 16, 1857, and to change the time of holding 

courts in the twenty-hrst judicial circuit..... 67 

An act entitled an act to change the time of holding courts in the twenty-first judicial 

circuit 69 

An act to provide for the times of holding courts in the twenty-second judicial circuit, 

and to regulate practice therein 69 

An act to change the time of holding courts in the twenty -fourth judicial circuit 70 

CITY COURTS : 

An act entitled an act to establish a City Court in the city of Alton 71 

An act to amend an act entitled "An act to incorporate the city of Aurora and to estab- 
lish an Inferior Court therein," approved February 11th, 1857, and also, an act entitled 
" An act to establish a Court of Common Pleas in the city of Elgin," approved Febru- 
ary 16th, 1857 76 

An act to amend an act entitled " An act to establish the Court of Common Pleas of the 
city of Cairo." SO 

An act to amend an act entitled "An act to establish the Cook County Court," approved 
February 21st, A.D. 1845, and for other pm-poses 84 

An act to establish Recorders' Courts in the cities of La Salle and Peru 87 

COUNTY COURTS : 

An act to reform the Probate System 92 

An act to amend "An act establishing County Courts," approved February 12, 1849, and 

to extend the jurisdiction of the county Court of Vermilion county 96 

An act to extend tbe jurisdiction of the County Court of Bond county 98 

An act to fix the time of holding terms of the County Court of Boone county 100 

An act extending the jurisdiction and regulating the practice in the County Court of Lake 

county 101 

An act to repeal certain acts extending the jurisdiction of the County Courts of Carroll, 

Lee and Whiteside counties 102 

An act to provide for the compensation of the County Judge of Cook county 103 

An act to provide for the compensation of the County Judge of Cook county 104 

DRAINAGE : 

An act to provide for the draining and reclamation of certain lands in Mason county 104 

An act to authorize the drainage of lands and the construction of levees, embankments 

and roads, in Madison eounty, Illinois 106 

An act to provide for the constructing of a levee from Prairie du Pont Village, in St. Clair 

county, to Harrisonvilla, in Monroe county 110 

FEE BILLS: 

An act in relation to the isssuing of Fee Bills , , 112 

FENCE : 

An act to declare the Illinois river a lawful fence in Grundy county 112 

FERRIES : 

An act to establish a Ferry across the Great "Wabash river, at Grayville, Illinois 113 

An act to amend an act entitled " An act to establish a ferry therein named," approved 
February 8, 1851 114 

An act to amend an act entitled " An act to establish a ferry across the Illinois river, at 
Peru, in La Salle county," approved February 10, A. D. 1851 114 

An act authorizing Harvey Ballard and Washington Wren to keep a ferry across the Mis- 
sissippi river, in Adams county 114 

An act to amend an act entitled " An act to establish a ferry at Chester, in the county of 
Randolph, on the Mississippi river," approved January 17, A. D. 1849 115 

An act to establish a ferry herein named 116 

An act to extend an act authorizing A. J. Brown to keep a ferry across the Mississippi 
river at the town of Port Byron 117 

An act to establish the Massac and McCracken ferry 118 

An act to establish a ferry across the Ohio rivei at the town of Golconda 118 



yi CONTENTS. 

GAME : PAGE - 

An act for the protection of orchards, and to prevent the destruction of small birds 119 

An aot to repeal so much of the game law as is applicable to Greene county 120 

JUDGMENT BY CONFESSION: 

An act concerning judgment by confession 120 

JURISDICTION CEDED : 

An act to amend an act entitled K An act to cede jurisdiction over land occupied by the 
United States for light houses, custom houses and other purposes," approved Febru- 
ary 13, 1855 m 

An act ceding to the United States jurisdiction over certain lands in the city of Cairo, 
Illinois 123 

LANDS : 

An act to amend an act entitled " An act to provide for the dedication of lots in towns 

situated on canal lands to public purposes." 123 

An act to provide for the recording of the original plats of school lands to perpetuate the 

same 12* 

LAWFUL AGE : 

An act to declare Rufus P. Blossom of lawful age 124 

LIENS : 

An act to secure the State a lien in certain cases 125 

LIMITATION: 

An act relating to the law of limitation 125 

MANSLAUGHTER : 

An act to amend the criminal code, and increase the punishment for manslaughter 125 

MINING: 

An act to regulate mining 126 

MONUMENTS: 

An act to erect grave-stones or monuments to the memory of deceased members of the 
Legislature, buried at Yandalia 127 

NAMES : 

An ac£ to change the names of certain persons therein named 127 

An act to provide for an easy and expeditious method of changing names 128 

An act to authorize the Board of Supervisors or county courts to change the names of 
towns and villages , 129 

PAUPERS : 

An act in relation to the poor of Brown county 129 

An act to provide for the support of paupers in the county of Jo Daviess 130 

An act to provide for the support of the poor in the county of McHenry, and to repeal 
an act therein named , ,. 131 

POLICE MAGISTRATE : 

An act to extend the jurisdiction of the Police Magistrate of Mound City 132 

PRACTICE : 

An act in relation to practice in the Supreme Court 133 

An act in relation to practice in the courts of this State . 133 

An act surrendering title and interest of State in the track of a certain railroad to cer- 
tain persons, for railroad purposes, therein named 134 

RECOGNIZANCES : 

An act in relation to forfeited recognizances 134 

RECORDS: 

An act to authorize certain records to be transcribed 134 

An act to legalize certain transcribed records in Macon county 136 

An act to restore the records of Wabash county 136 

An act to restore to Wabash county certain books 138 

An act to restore the records of the city of Cairo, Illinois 139 

RELIEF: 

An act for the relief of certain persons in the American Bottom 144 

An act for the relief of George W. Cassidy 145 

An act for the relief of John Crenshaw 145 



CONTENTS. Vll 

BELIEF: page. 

An act for the relief of Charles Cuqua, Sheriff and Collector of Wabash county, and of 

George Musick, Sheriff and Collector of Logan county 146 

An act for the relief of Alexander P. H. Doyle, late Collector of Fayette county 147 

An act for the relief of Gallatin county 148 

An act to pay Presley P. Hamilton for services as State's Attorney 149 

An act for the relief of J. M. Higgins 149 

An act entitled an act for the relief of the heirs and creditors of W. C. Kinney, dec'd.... 149 

An act for.the relief of Joseph H. Moore, late collector of McLean county 150 

An act for the v relief of the Bank of Naperville 151 

An act for the relief of Jesse York 152 

REPEAL: 

An act in relation to repeal of laws by implication 152 

REPLEVIN : 

An act giving justices jurisdiction in replevin 152 

REVISED STATUTES : 

An aet to amend section two of chapter twenty-five, Revised Statutes 153 

An act to amend section fifty-two of chapter thirty, Revised Statutes 153 

An act to amend chapter eighty-three of the Revised Statutes, entitled "Practice" 154 

ROADS : 

An act to provide for constructing, maintaining and keeping in repair, plank, gravel or 

macadamized roads or pikes, by a general law 154 

SCHOOLS: 

An aet to amend an act entitled "An act to establish and maintain a system of Free 

Schools," approved February 14, 1857 159 

An act for the establishment of a system of Graded Schools in the city of Galesburg 163 

An act to incorporate the Lee Centre Union Graded School and Union District No. 1 168 

An act to establish the Lincoln School District, in Logan county 172 

An act to amend an act entitled "An act to incorporate Rock Island School District," 

approved February 18, 1857 1^3 

An act to amend an act entitled "An act to amend the charter of the city of Peoria, and 

to establish and regulate a system of Public Schools in said city" 174 

An act to legalize an assessment of taxes in a certain school district in the county of 

Peoria 175 

An act to legalize the assessment of School Directors of School District No. 1, in T. 19 

N., R. 11 W., in Vermilion county, State of Illinois, for the year 1858 176 

An act to legalize the schedules of schools taught in Mowequa, Shelby county 176 

An act to legalize the acts of the Board of School Trustees therein named ... 177 

An act to legalize certain proceedings of the School Trustees of township 36, range 9, in 

Will county, and of a certain School District therein 177 

An act for the relief of the tax-payers of School District No. 1, in the town of Prince- 
ton, Bureau county 177 

An act to relieve School District No. 1, in the town of Chenoa, in the county of McLean 178 

An aet relating to certain schools and school property in Adams county 179 

An act entitled "An act in relation to School District No. 1, in township 1, in the county 

of Adams" 181 

An act entitled "An act to permit the trustees of schools for T. 2 N., R. 8 W., in Adams 
county, Illinois, to purchase and receive a deed from Marcelline Lodge No. 114, for an 
undivided half or moiety of lot 22, in Payne's addition to the town of Marcelline, in 

said Adams county 181 

An act to create an additional school district in Brown county 182 

An act to create a certain school district therein named 182 

An act to amend an act entitled "An act to form a fractional township, for school pur- 
poses, in the county of Jackson," approved February 18, 1851 1S3 

An act amendatory of an act entitled "An act in relation to that part of township 39 
north, of range 14 east of the third principal meridian, in relation to schools," ap- 
proved February 23, 1847 183 

An act to authorize the trustees of schools of township 4 north, of range 3 east, in Ma- 
rion county, to sell school land therein mentioned 187 

An act for the benefit of School District No. 3, township 5 north, of range 8 west, in the 

county of Hancock, and State of Hlinoie 187 

An act to change the boundaries of certain school districts therein named 188 

An act to amend an act entitled "An act to change the boundary lines of a certain 

school district therein named 188 

An act entitled "An act to authorize the Board of Supervisors of Whiteside county to 
apportion the swamp and overflowed land school fund of said county among the sev- 
eral townships of said county 189 



viii CONTENTS* 

SNYCARTY : PAGfi. 
An act declaring the Snycarty, in Pike and Adams counties, navigable 189 

STATE DEBT: 

An act to indemnify the State of Illinois against loss by reason of unlawful funding of 
canal indebtedness 190 

An act in relation to the payment of the principal and interest of the State debt 192 

STATE ROADS: 

An act authorizing the Board of Supervisors in counties where township organization 
has been adopted, and in all other counties the county courts, to vacate, chaDge or re- 
locate State roads 194 

An act to establish a State road therein named 195 

An act to locate a State road in the counties of Crawford, Jasper and Effingham 196 

An act to provide for viewing and locating a State road from Indian Point, in Johnson 

county, to Metropolis, and incorporating the Indian Point Road Company 196 

An act to establish a State road from Taniaroa, in Perry county, by way of Red Bud, in 
Randolph county, to the Mississippi River 198 

STOCK: 

An act to prevent sheep and swine from running at large within the counties of Mercer 
and Rock Island 199 

An act to amend an act entitled "An act to prevent sheep and swine from running at 
large in Henry, Will and Livingston counties/' approved January 27, 1853, so as to 
extend the provisions thereof to the county of Lake 200 

STREETS AND ALLEYS : 

An act providing for the vacation of streets, alleys and town plats 20 

An act to authorize the common council of the city of Chicago to vacate streets and 
alleys 201 

SWAMP LANDS : 

An actfor the sale of swamp lands 201 

An act requiring sales of swamp and overflowed lands to be reported to the Auditor 202 

An act concerning the swamp and overflowed lands of Henry county 202 

An act further to amend "An act to expedite and insure the thorough drainage of the 
swamp lands of the county of Iroquois, and to facilitate the sale thereof 203 

TAXES : 

An act to amend the Revenue Laws 204 

An act giving to the township collectors in counties adopting township organization un- 
til the fifteenth day of May next to collect and pay over the State and county tax of 
the year 1S58 205 

An act in relation to assessments of the Illinois Central Railroad Company 206 

An act to legalize the assessment of taxes in the county of Hancock, for the year 1857... 207 

An act to amend the charter of the town of Jacksonville, and to legalize the assessment 
of taxes in said town for 1857 208 

An act to enable the Board of Supervisors of Boone county to levy an additional tax 
for certain purposes therein named 209 

An act to authorize the county court of Fayette county to levy a tax for the purpose of 
repairing courthouse in said county, and other purposes 210 

An act empowering the Board of Supervisors ot Jo Daviess county to levy certain taxes 
therein named 210 

TOWNS : 

An act to attach a portion of T. 19 N., R. 12 W., to T. 18 N., R. 12 W., in Vermilion 

county, State of Illinois • 211 

An act to re-annex certain lands to the town of New Trier 211 

An act to authorize the inhabitants of the town of Maine, in Cook county, to build a 

town house 211 

TOWNSHIP ORGANIZATION: 

An act to amend an act entitled "An act to provide for Township Organization" 212 

An act to change the time of holding town meetings in the county of Cook 213 

WILLS : 

An act amending section 4 of the act entitled "Wills" 214 



PUBLIC LAWS. 



APPRENTICES. 



AN ACT concerning Apprentices. In force Febru- 

*^ ary 16, 1859. 

Preamble. — Whereas the commonwealth of Pennsylvania Preamble. 
did, on the twenty-third day of March, Anno Domini 
1826, incorporate the House of Refuge, and did by the 
said act of incorporation empower the managers of the 
said House of Refuge to bind out the children committed 
to their care, as apprentices, during their minority, and 
with their consent: Provided, that in the case of females 
the power of the said managers should not extend beyond 
the age of eighteen years ; and whereas the said common- 
wealth of Pennsylvania did, by an act passed the eleventh 
day of April, Anno Domini, 1850, No. 311, extend the 
power and charge of the said managers of the said House 
of Refuge over females, who, on their admission, may be 
over sixteen years of age, to the age of twenty-one years ; 
and whereas a number of the inmates of the said House 
of Refuge have, with their consent, been apprenticed by 
the managers of the said House of Refuge to citizens of 
this state; and whereas it is desirable that there should 
be no doubt as to the validity of the said indentures; 
therefore , 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That inden- indentures 
tures of apprenticeship, by which inmates of the said 
House of Refuge have heretofore been or may be hereafter, 
with the consent of said inmates, bound as apprentices to 
citizens ol the state of Illinois, shall be as good and valid, to 
all intents and purposes whatever, as if said binding had 
been within the state of Illinois. 

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

Approved February 16, 1859. 



10 APPROPRIATIONS. 

In force Jan- AN ACT making partial appropriations, for defraying the expenses of this General 
ary 13, 1859. Assembly. 

Section 1. Be it enacted l>y the People of the State of 
Illinois, represented in the General Assembly, That the audi- 
Auditor t o tor °^ P nD ^ c accounts be and he is hereby authorized and 
draw warrants required to draw warrants on the treasury for the sum of 
fifty dollars to each member of the senate and house of 
representatives, and warrants for a like sum to the speaker 
of each house, the secretary and assistant secretaries of the 
senate, the clerk and assistant clerks of the house of repre- 
sentatives, the enrolling and engrossing clerks, and the 
assistant enrolling and engrossing clerks of each house, and 
the door-keepers and assistant dour-keepers of each house, 
postmasters and assistant postmasters of each house, 
aid b * § ^' ^ nat an y monev ) now m tne treasury or which may 
treasurer. be received into the treasury and not otherwise appropriated 
by law, shall be applied to the payment of the aforesaid 
warrant?. 

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

Approved January 13, 1859. 



In force Febru- AN ACT to defray certain expenses before the Finance Committee of the Senate, 
ary 11, 1859. 

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

Illinois, represented in the Geneml Assenddy, That the sum 

One thousand of one thousand dollars is hereby appropriated, out of any 

dollars appro- moneys in the treasury, not otherwise appropriated, to 

pnated. defray the expenses of summoning witnesses and paying 

Fees. their fees, for attendance before the finance committee of 

the senate, in the matter of the investigation relating to the 

alleged improper funding of certain canal scrip ; such fees 

to be two dollars per day for each days' attendance, and ten 

cents per mile, for necessary travel to and from the residence 

of the witnessess. 

§ 2. The auditor is hereby authorized and required to 

draw warrant, draw his warrant upon the treasurer, and the treasurer is 

required to pay the same, to the amount of such fees and 

expenses, upon the certificate of the chairman of said finance 

committee of their correctness, and also for all necessary 

expenses incurred by said committee for telegraphing and 

Vouchers to be express, and also clerk hire ; proper vouchers to be taken 

kept. anc i k e pt f or a ii such expenses. 

§ 3. This act to take effect from and after its passage. 
Approved February 11, 1859. 



APPKOPEIATIONS. 11 

AN ACT to provide for the completion of the Supreme Court and Library Building In force Febru- 
v in the Third Grand Division. ary 11, 1859. 

Section 1. Be it enacted ly the People of the State of 
lUinois, represented in the General Assembly, That the sum 
of thirteen thousand six hundred and thirty dollars be and Appropriation, 
the same is hereby appropriated, for .the completion of the j^rd grand 
court and library room, for the use of the supreme court, in 
the third grand division, according to the plans and specifi- 
cations which have been furnished by the judge of said 
court residing in said division. Said sum shall be subject 
to the order of the commissioners heretofore appointed by 
law to superintend the erection of buildings ; upon the pre- 
sentation of which order, the auditor of public accounts is 
directed to issue a warrant upon the treasurer, from time to Auditor t o 
time, in such sums as may be necessary, to be used in the issue warrant, 
construction of said building, in favor of said board of com- 
missioners. 

§ 2. Said commissioners shall report to the governor of Report to gov- 
this state, at least once in every six months, a detailed state- ernor " 
ment of all moneys expended by them in the construction 
of said building; and the sum of four thousand dollars be 
and the same is hereby appropriated, for the purpose of , 
erecting durable stone steps, completing the basement, put- 
ting on new roof, and other necessary improvements, to the 
supreme court room building of the first grand division, at Appropriation, 
Mount Vernon; to be expended under the direction of the divisio? an 
judge of the first grand division of the state of Illinois, who 
is hereby authorized to give orders on the auditor, as the 
work may progress ; and upon such orders the auditor shall Auditor to 
issue his warrant on the treasurer, for payment thereof. 

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

Appeoved February 11, 1859. 



AX ACT to supply deficiencies in the appropriations to the Deaf and Dumb Insti- In force Febru- 

tution. ary 19, 1859. 

Sectiox 1. Be it enacted hy the People of the State of 
Pdinois, represented in the General Assembly, That there is 
hereby appropriated to the Illinois Institution for the Educa- Appropriation. 
tion of the Deaf and Dumb the following sums: Balance in For heating 
full for heating and lighting the institution, eight thousand aud h g htm g- 
four hundred and fifty-eight dollars and twelve cents. 

For deficiency in last appropriation, occasioned by using Deficiency. 
money for purposes not contemplated by the act, the sum of 
sixteen thousand dollars. 



12 APPEOPEIATIOtfS. 

Ordinary ex- To defray the ordinary expenses of the institution, from 
penses. j anuai y i s t 5 1859, to the 1st day of March, 1859, four thou- 

sand live hundred dollars. 

Auditor todraw The auditor shall draw his warrant on the treasurer for 
warrant. ga ' c j gumSj £ n. e p a j c | ou j- f an y m oney in the treasury not 

Proviso. otherwise appropriated: Provided, that the auditor shall not 

draw such warrant for the first two sums above named, 
ur any part thereof, until there is a surplus in the treasury, 
sufficient to pay the same, over and above all other appro- 
priations provided for by law, either at this or any former 
session of the General Assembly. 

Accounts to be § 3. That hereafter no account shall be paid by the 

certified. treasurer of the Institution for the Education of the Deaf 

and Dumb until the account upon which the same is paid 

shall have first been presented to the board of trustees, or 

the president thereof, and certified to be correct. 

Manner of § 4. The officers of said institution shall adopt the man- 

keeping ac- ner f keeping accounts now in use at the Hospital for the 
Insane, in Jacksonville; and it shall be the duty of the 
trustees of said institution to take from their treasurer a 
bond, with good and sufficient sureties, in the penal sum of 
ten thousand dollars, for the faithful performance of his 
duty. 

Moneys, how § 5. In no case shall the money appropriated for the 
applied. ordinary expenses of the institution, or any part thereof, be 

used for the payments of any debt created prior to such 
appropriation; but all moneys appropriated at this or any 
subsequent session of the General Assembly shall be faith- 
fully applied to the specific object for which the appropriation 
is made, and no other. 

§ 6. This act shall be in force from and after its passage. 
Approved February 19, 1859. 



In force Febru- AN ACT making provision for the support of the Institutions for the Deaf and 
ary 19, 1859. Dumb and Blind. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the follow- 
ing sums be and are hereby appropriated for sustaining the 
Institutions for the Education of the Deaf and Dumb and 
Blind, for the years eighteen hundred and fifty-nine and 
Deaf audDumb eighteen hundred and sixty. To the Deaf and Dumb Insti- 
inshtution. tutionj t h e Slim f t i iree 'hundred dollars per annum, for 
two years, to pay for insurance; and the sum of five hundred 
dollars per annum for two years, to pay for repairs about 
the premises ; to pay the ordinary expense of the said insti- 
tution, from the first of March, eighteen hundred and fifty- 



APPROPRIATIONS. 13 

nine, to the first day of March, eighteen hundred and sixty- 
one, twenty-seven thousand dollars per annum, payable 
quarterly, as required for use. To pay the ordinary expen- 
ses of the Institution for the Blind, from the first of Decern- institution for 
ber, eighteen hundred and fifty-eight, to the first of March, - the Blind - 
eighteen hundred and sixty-one, the sum of twelve thousand 
dollars per annum, is hereby appropriated, payable quarterly, 
as required for use. 

§ 2. The aforesaid sums of money are to be paid over Manner of pay- 
and accounted for in the manner required by the act of the ment 
last session of the General Assembly, in relation to the 
Public Institutions at Jacksonville, This act shall take 
effect on its passage. 

Approved February 19, 1859. 



AX ACT making appropriations for the completion of the Illinois State Hospital In force Febra- 
for the Insane. ary 19, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That, for the 
purpose of completing the additions to the Illinois State For completing 
Hospital for the Insane, including heating, ventilation, a ons ' 
cisterns and pavements, the sum of seventy-five thousand 
dollars is appropriated, payable out of any money in the 
treasury not otherwise appropriated; one-half of which sum 
shall be payable immediately on the passage of this act, When payable, 
one-fourth of said sum payable on the 1st day of July, 
eighteen hundred and fifty-nine, and the remaining fourth 
of said sum payable on the 1st day of December, eighteen 
hundred and fifty-nine. 

§ 2. That the sum of five thousand dollars is appropria- For furnishing 
ted tor the furnishing of the patients/ wards of the west P atieuts ' ward 
wing of the hospital not completed, payable out of any 
money in the treasury not otherwise appropriated, immedi- 
ately on the passage of this act. 

§3. That the sum of twenty-three hundred dollars is For fire proof 
appropriated to replace the shingle roofs of the old hospital 
buildino's with fire proof roofs, payable out of any money 
in the treasury not otherwise appropriated, immediately on 
the passage of this act. The moneys appropriated by this How money to 
act shall be applied only to the specific objects for which e app e 
the same are hereby appropriated. 

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

Approved February 19, 1859. 



u 



APPROPRIATIONS. 



In force Febru- AN ACT to provide for sustaining the Illinois State Hospital for the Insane, for 
1359. the years eighteen hundred and fifty-nine and sixty. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the sum 
Appropriation, of forty thousand dollars per annum, from the first of 
December, eighteen hundred and fifty-eight, to the first day 
of March, eighteen hundred and sixty-one, is hereby appro- 
priated, to defray the ordinary expenses of the Illinois State 
Hospital for the Insane, for the present and succeeding year, 
payable out of the state treasury quarterly, as required for 
use, and to be accounted for as required by the act of the 
last session of the General Assembly in relation to the 
Public Institutions at Jacksonville: Provided, that if provis- 
ion is made by any other act for defraying the expenses 
referred to in this act, this act shall be void: And, provided, 
further, that the money hereby appropriated shall not be 
applied to any other object than that for which the same is 
specifically appropriated. This act to take effect on its 
passage, 

Approved February 21, 1859. 



Ordinary 
penses. 



Proviso. 



Proviso. 



In force Febru- 
ary 21, 1859. 



Appropriation. 



Money, how to 
be drawn. 



Contracts. 



Commissioners 
to make certi- 
ficate. 



Convicts to be 
removed to 
Joliet. 



AN ACT making additional appropriations and provisions for the Penitentiaries. 

Section 1. Be it enacted oy the People of the State of 
Illinois, represented in the General Assembly, That for the 
purpose of carrying on the works of the new penitentiary, 
according to the plans and specifications heretofore adopted 
by the commissioners and approved by the governor, treas- 
urer and auditor, there is hereby appropriated the sum of 
two hundred thousand dollars, for expenditures on said 
works, for the years 1859 and I860. 

§ 2. The money hereby appropriated, to be drawn in 
the manner specified in an act entitled "An act to locate 
and build an additional penitentiary," approved February 
19th, 1857; and the commissioners are hereby required to 
ooserve and pursue all the provisions of the act above refer- 
red to, relating to the payment for work in the construction 
of the new penitentiary, and in making of contracts; and 
that the contracts shall not exceed the amount herein appro- 
priated. 

§ 3. That whenever the works of said new penitentiary 
shall be sufficiently advanced to admit of it, the commission- 
ers shall make the certificate specified in the tenth section 
of the act referred to in the second section of this act. 

§ 4. The commissioners having, pursuant to the provis- 
ions of the law heretofore enacted, sold and conveyed the 
old penitentiary at Alton, and the ground on which the same 



APPROPRIATIONS. 15 

stands, the warden of the penitentiary is hereby required to 
remove all prisoners from the penitentiary at Alton to the 
new penitentiary at Joliet, on or before the thirtieth day of 
July, I860, and as much sooner as the commissioners shall 
certify to the secretary of state that the new penitentiary is 
sufficiently advanced to accommodate and securely keep all 
the state prisoners. It shall be the duty of the secretary of Secretary of i 
state, on receiving such certificate, to notify the judges of SjjL]^ notlfy J 
all the courts in this state, having authority to commit con- 
victs to the penitentiary, of the fact ; and thereafter all con- 
victs sentenced to the penitentiary by any court in this state, 
shall be committed to the penitentiary authorized to be built 
by the act hereinbefore referred to. 

§ 5. The governor is hereby authorized to appoint a Governor to 
chaplain for each of the state penitentiaries, whose compen- Sms* nt c ap ~ 
sation shall be five dollars each, per week, which shall be 
paid from the treasury, on the warrant of the auditor. It 
shall be the duty of the chaplains to attend at their respec- 
tive penitentiaries, at such time as their services may be 
required, and to hold at least one religious service in the 
penitentiary every Sunday. The employment of the chap- 
lain at Alton shall terminate on the removal of the convicts. 

§ 6. The sum of twenty-one thousand three hundred and Appropriates 
eighty-eight dollars and twelve cents is hereby appropriated casey a & g Ross 
to Sanger, Casey & Ross, in payment for repairs and rebuild- 
ing portions of the Alton penitentiary ; for clothing and cash 
paid discharged convicts ; for the transportation of convicts 
from Alton to Joliet ; for blank records for the prison, and 
chaplain's salary, as allowed and certified by the state super- 
intendent of the prison. 

§ 7. The sum [of] six thousand seven hundred and fifty- Appropriation • 
eight dollars and nine cents is hereby appropriated to Buck- 1? wXe™ 8 * 61 
master & Wise, in payment for clothing and cash paid dis- 
charged convicts, and repairs and work done on the peniten- 
tiary at Alton, as certified and allowed by said superintend- 
ent. 

§ 8. The auditor of public accounts is hereby required ^- uditor , t0 
to draw a warrant upon the treasurer of state for the several aw warran s ' 
sums above specified, and to the parties above mentioned, 
and the same shall be paid out of any money in the treasury 
not otherwise appropriated. 

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

Approved February 21, 1S59. 



16 APPROPRIATIONS — ARSON. 

In force Febru- AN ACT to authorize the treasurer of the state to pay to the superintendent of 
ary 24, 1859. the Penitentiary certain claims therein mentioned. 

Section 1. Be it enactedbyihe People of the State of 'Illinois ', 
represented in the General Assembly, That the auditor of the 
state be authorized to issue his warrant upon the treasury of 
Appropriation, ^he state for the sum of four hundred and thirty-nine dollars 
and fifty cents, in favor of the superintendent of the peni- 
For bibles. tentiary, to enable him to pay for three hundred bibles pur- 
chased for the use of the convicts in the penitentiary, and 
To J. a. Miller, to pay Jos. A. Miller for services as engineer and appraiser, 
also to pay L. D. Cleveland, John Chaney and Jos. A. Mil- 
land, J. Cha- Icr, f° r their services in estimating and appraising the value 
^ey 'and J. a. f certain work done in the penitentiary at Alton, and also 
to pay George T. Brown for certain record books furnished 
to the superintendent, for the use of the penitentiary. 

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

Approved February 24, 1859. 



Miller. 
G. T. Bro\ra. 



In force Febru- AN ACT further defining the crime of Arson, 

ary 23, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That if any 
person, being the owner, lessee or occupant of any of the 

Arson defined, kinds of property specified in section fifty-eight of the crimi- 
nal code, shall willfully and maliciously set fire to the same, 

» with intent to burn the goods and chattels or fixtures of any 

other person, persons, body politic or corporation, then in 
said building, or shall willfully and maliciously set fire to 
the same, with the intent to defraud any insurance company, 
either by consuming the said building or by consuming his 
own goods and chattels or fixtures therein, or shall wantonly 
set fire to the same, with the intent to communicate fire to an 
adjoining building, the property of another, every such person 
so offending shall be deemed and taken to be guilty of arson, 

Proviso. an( j pujjighg^ accordingly: Provided, that if the life or lives 

of any person or persons be lost, in consequence of any 
such burning as aforesaid, such offender shall be deemed 
guilty of murder, and punished accordingly. 

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

Approved February 23, 1859. 



ATTORNEYS — CAPITAL PUOTSmiENT. 17 

AX ACT to amend an act entitled " An act in relation to the Attorney General In force Febru- 
and State's Attorneys," approved February 28th, 1847. ary 24, 1859. 

■ / 

Section 1. Be it enacted by the People of the State of ^^ of state's 
Illinois, represented m the General Assembly, That the state's sevenStouit 
attorney of the seventh judicial circuit shall be allowed the m , the record- 

^ •• j j? i? -[ • • j/i i» er s court of 

same commissions and tees tor his services m the recorder s Chicago. 
court of the city of Chicago that he is now entitled to receive 
by law for like services in the said circuit court, to be paid 
by the said city of Chicago. 

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

Approved February 24, 1859. 



AN ACT regulating the manner of inflicting the punishment of death in capital In force Febru- 

cases. ary 18, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That whenever 
any person shall be condemned to suffer death, by hanging, 
for any crime of which such person shall have been convicted 
in any court of this state, such punishment shall be inflicted 
within the walls of the prison of the county in which such 
conviction shall have taken place, or within a yard or inclo- Execution to 

i • • ■ 1 ■ take "D13.C6 

sure adjoining such prison. within an in- 

§ 2. It shall be the duty of the sheriff or the deputy closure, 
sheriff of the county to be present at such execution, and, 
by at least three days previous notice, to invite the j>resence sheriff to in^ 
of the judges, prosecuting attorney, and clerks of the courts J^ e witnesses, 
of said county, together with two physicians and twelve Physicians 
reputable citizens, to be selected by said sheriff or his deputy. Citizens 
And the said sheriff or deputy sheriff shall, at the request 
of the criminal, permit such ministers of the gospel, not Clergymen, 
exceeding three, as said criminal shall name, and any of 
the immediate relatives of said criminal, to be present at Relatives, 
such execution ; and also such officers of the prison, depu- Prison officers, 
ties and constables as shall by him be deemed expedient to 
have present; but no other persons than those herein men- 
tioned shah be permitted to be present at such execution ; 
nor shall any person, not a relative of the criminal, under 
the age of twenty-one years, be allowed to witness the 
same. 

§ 3. The sheriff, or his deputy, or the judges attending Certificate of 
such execution, shall prepare and sign, officially, a certificate, esecution - 
setting forth the time and place thereof, and that such crimi- 
nal was then and there executed in conformity to the sen- 
tence of the court, and the provisions of this act; and shall 
procure to said certificate the signatures of the other public 



18 CITIZENSHIP — CLAIMS. 

officers and persons, not relatives of the criminal, who wit- 
T c°i e b rk med * ith nesse( l sucn execution; which certificate shall be filed with 
the clerk of the court where the conviction of such criminal 
was had. 

§ 4. This act shall take effect from its passage. 

Approved February IS, 1859. 



In force Febru- 
ary 24, 1859. 



AN ACT to restore Rufus Seay and Joseph Seay to the rights of citizenship. 



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

Illinois, represented in the General Assembly, That Rufus 

R. and J. Seay Seay and Joseph Seay, of the county of Union, and state 

citfzSLp? °f Illinois, lately convicted of the larceny of a quantity of 

sugar, in the circuit court of said Union county, be and the 

same are hereby restored to all the rights of citizenship in 

this state; and shall hold, have and enjoy all and any of the 

rights, privileges and franchises of other good and lawful 

citizens of this state, as fully and completely as said citizens 

can or may, under the laws and constitution of the state of 

Illinois. 

Public act. § 2. Be it further enacted, That this act be and the same 

is hereby declared a public act, and shall take effect from 

and after its passage. 

Approved February 24, 1859. 



in force Febru- AN ACT to authorize the investigation, and if just, the payment of the claim of 
i ary 16, 1859. Magniac, Jardine & Co. 

Preamble. Whereas the late firm of Magniac, Jardine & Co; claim a 
balance due from the state of Illinois of twenty-one hun- 
dred pounds three shillings and three pence sterling and 
interest, for money's advanced by them to pay the coupons 
on bonds of the state of Illinois, clue July, A. D. 1841 ; 
and whereas said claim should be investigated, and if just, 
be paid; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the gover- 
tiSte^iSm'f nor > auditor of state, John Moore, late treasurer, and James 
Miller, now state treasurer, be and they are hereby author- 
ized to investigate said claim; and if they find the same 
T c°ate! e Certm " J ust 5 tne y> or a majority of them, shall file their certificate 
of the amount due', in the auditor's office of this state. And 
the governor and treasurer are hereby authorized and directed 
To pay claim. to ^ ^ game to them or their legal representatives, out 
of the proceeds of the two mill tax. 

§ 2. This act shall take effect from and after its passage. 
Approved February 16, 1859. 



CLAIMS — CONVEYANCE. 



13 



AX ACT authorizing the Governor to adjust the account of Thompson and In force Febru- 
Foreman. ary 16, 1S59. 

Section 1. Be it enaeted by the People of the State of GoTernor 
Illinois, represented in the General Assembly, That the gover- authorized tc 
nor of this state be and he is herehv authorized to adiust £f tle claim °/ 
and settle the claim oi Thompson and foreman, iron mer- Forman. 
chants, of London ; it being for balance due on their account 
for iron, rails, spike, nails, &c, furnished to the state of 

Illinois, in the Tear 1840; Governor to or- 

§ 2. The governor shall order the payment of the account d | r p j^™ ent 
of Thompson and Foreman, so much thereof as may be found 
due, not exceeding the sum of thirty-seven thousand three 
hundred and twelve dollars and seventeen cents, upon the 
following conditions, ?nd no other, to wit: The said Thomp- Bonds t0 be de . 
son and Foreman shall cause to be delivered to the governor livered. 
of Illinois, or to his agent, for cancellation, two hundred and 
fourteen bonds of the state of Illinois, for £225 sterling each, 
and numbered 316 to 559, inclusive; one thousand six hun- 
dred and sixty-eight bonds of the state of Illinois, for £100 
sterling each, and numbered from 31- to 1701, inclusive, 
with all the coupons attached to each of the above described 
bonds; also, twenty bonds, of one thousand dollars each, 
issued to Thompson and Foreman, under the act of February 
18, 1857; the whole of the aforesaid bonds being now in 
possession of Thompson and Foreman, and amounting to 
over one million and eighty-eight thousand dollars, 

§ 3. A sum not exceeding the amount named in the Appropriation. 
above section is hereby appropriated, to be paid from the 
surplus '-two mill tax fund," or from any other surplus fund 
in the treasury, not otherwise appropriated. And upon the 
receipt of the above described bonds, the governor shall Bonds to be 
direct the same to be canceled, and make report thereof to 
the next General Assembly. 

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

Approved February 16, 1859. 



A.X ACT concerning the conveyance of real estate in this state, for the security of In force Febra 
the school fund in the state of Connecticut* ar 7 26, 1S59. 

Whereas it is represented to this legislature that the state of Preamble. 
Connecticut have, by a permanent appropriation, constitu- 
ted a fund for the support of free schools, and that divers 
citizens of this state are desirous of obtaining loans from 
said school fund and of securing the payment of said 
loans by conveyance of real estate, either by mortgage or 
otherwise; andthat for the accommodation of said citizens, 
as well as the security of said fund, it may be found neces- 



20 CORPORATIONS. 

sary to make conveyances of real estate in this state to 
said state of Connecticut, or to the trustees of said state, 
for the use and benefit of said school fund; and it appear- 
ing to this legislature that the establishment of said fund 
is for a useful and benevolent purpose, and will be of 
great benefit ; therefore, 

[Section 1.] Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the con- 
Consent of the sent of this state be and the same is hereby given to all 
conveyances, conveyances of real estate in this state, made or to be made 
to the state of Connecticut, or to the trustee of said state, 
for the security, protection and benefit of said school fund ; 
and the same shall be as valid in law, to all intents and pur- 
poses, as if such conveyance had been made to a citizen of 
Real estate may this state. And such real estate may be transferred by and 
be transferred Beciir fty therefor be taken to said state of Connecticut, in 
the same maimer as is provided by the laws of this state in 
relation to such conveyances and security, when executed 
by or to any citizen of this state. 
Deeds execu- §2. And be it further enacted, That all deeds, and other 
Co\mLticut° f conveyances of real estate, executed or to be executed by 
valid. the treasurer erf said state of Connecticut, and which shall 

be acknowledged before and certified by the secretary of 
said state, under the seal thereof, shall be deemed valid and 
May be record- lawful conveyances, and may be recorded in the proper offi- 
ces in this state. 

Approved February 2±, 1S59. 



In force Febru- AN ACT for the incorporation of Benevolent, Educational, Literary, Musical, 



ary 20, 1S59. 



Scientific and Missionary Societies — including Societies formed 'for Mutual 
Improvement or for the Promotion of the Arts. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That any three 
Three or more or more persons of full age, citizens of the United States, a 
m^rtifi^te 7 ma Jority ot> whom shall be citizens of this state, who shall 
desire to associate themselves for benevolent, charitable, 
educational, literary, musical, scientific, religious or mission- 
ary purposes — including societies formed for mutual improve- 
ment, or for the promotion of the arts — may make, sign and 
acknowledge, before any officer authorized to take the 
acknowledgment of deeds in this state, and file in the office 
of the secretary of state, and also in the office of the recor- 
der of the county, in which the business of such society is 
to be conducted, a certificate in writing, in which shall be 
stated the name or .title by which such society shall be known 
in law, the particular business and objects of such society, 
the number of trustees, directors or managers of such society, 
for the first year of its existence. 



COEPOKATIONS. 21 

§ 2. Upon filing a certificate, as aforesaid, the persons To become in- 
who shall have signed and acknowledged snch certificate, cor P orated - 
and their associates and successors, shall thereupon, by 
virtue of this aet, be a body politic and corporate, by the 
name stated in such certificate; and by that name they and 
their successors shall and may have succession, and shall be 
capable of suing and being sued ; and they and their sue- • 
cessors may hare and use a common seal, and the same may Seal. 
alter or change at pleasure ; and they and their successors, 
by their corporate name, shall, in law, be capable of taking, 
receiving, purchasing and holding real and personal estate, 
and, for charitable purposes only, may sell and convey the 
same; to make by-laws for the management of its affairs, By-laws. 
not inconsistent with the constitution and laws of this state 
or of the United States; to elect and appoint the officers Officers and 
and agents of such society, for the management of its busi- agents - 
ness. 

§ 3. The society so incorporated may annually, or often er, Trustees, direc- 
elect from its members its trustees, directors or managers, gers. * mana " 
at such time and place, in such manner as may be specified 
in its by-laws, who shall have the control and management 
of the affairs and funds of said society, a majority of whom 
shall be a quorum for the transaction of business; and Quorum, 
whenever any vacancy shall happen among such trustees, Vacancy, 
directors, or managers, by death, resignation or neglect to 
serve, such vacancy shall be filled in such maimer as shall 
be provided by the by-laws of such society. 

§ 4. In case it shall happen that an election of trustees, Failure to elect. 
directors or managers, shall not be made on the day desig- 
nated by the by-laws, said society for that cause shall not be 
dissolved, but it shall and may be lawful, on any other day, 
to hold an election for trustees, directors or managers, in 
such manner as may be directed by the • by-laws of such 
society. 

§ 5. The provisions of this act shall not extend to or Must adopt a 
apply to any association or individual who shall, in the g t e ^ e name or 
certificate filed with the secretary of state, or with the recor- S 
der, use or specify a name or style the same as that of any 
previously existing incorporated society in this state. 

§ .6. Any corporation, formed under this act, shall be ^ Ia . v receive 
capable of taking, holding or receiving any property, real or p^J^ d pro " 
personal, by virtue of any gift, purchase, devise or bequest 
contained in any last will and testament of any person what- 
ever, or in any other manner. 

> 7. The trustees, directors or stockholder* oi' any exist- Existing socie- 
ing benevolent, charitable, educational, musical, literary, ties mayrein- 
scientific, religious or missionary corporation, including themsdves. 
societies formed for mutual improvement, may, by conform- 
ing to the requirements of the several sections of this act, 
reincorporate themselves, or continue their existing corporate 



22 CORPORATIONS, 

powers under this act, or may change their name, stating in 
their certificate the original name of such corporation, as 
well as the new name assumed; and all the property and 
effects of such existing corporation shall vest in and belong 
Le corporation so reincorporated or continued. Corpora- 
Term^of incor- tions under this act may be organized for any term not 
exceeding twenty years — the term to be stated in the certifi- 
cate mentioned in the first section. INo corporation organ- 
ized under this act shall, in its corporate Capacity, contract 
any debts. 
May sell and § 8. The corporations formed under this act may sell 
dispose of real and dispose of any real estate they may acquire by purchase, 
estate. g^ft or devise, as follows: Whenever any lot purchased for 

the use of the corporation or any building erected thereon 
shall become ineligible for the uses for which said lot was 
purchased, or said building erected, to be determined by a 
To be deter- vote of two-thirds of the shares of the stock of said corpo- 
mmedbvvote ration, or the members of said corporation, at a meeting of 
s. gtQgkhQiders or corporators or members of said corporation, 
specially called for that purpose, the proceedings of which 
Proceedings to meeting shall be duly entered in the records of said corpo- 
be recorded, ration, said lot or building may be sold, and the proceeds 
Proceeds may thereof may be vested in another lot, or in the erection of 
be vested in another building, or both* When any real estate shall have 
tate! r real eS been devised or given to any such corporation for any speci- 
fied benevolent purpose, the same may be sold, and the 
proceeds applied in aid of the benevolent purpose aforesaid: 
Proviso. Provided, no corporation aforesaid shall hold said real estate 

more than five years ; or where, by a vote of three-fourths 
of the stock held by the stockholders, or of three-fourths of 
the corporators, if no shares of stock have been created, of 
Where corpo- an 7 corporation formed under this act, then by a vote of 
ration snrren- three-fourths of the members thereof at a meeting called 
ders charter. f or ^ e p ur p se^ of which such stockholders or corporators 
or members as aforesaid, shall have at least ten days' notice, 
the said corporation shall determine to surrender their cor- 
porate powers and cease to act under the same, said real 
and personal estate so acquired as aforesaid, shall be sold at 
Property to be public auction, proper notice of the time and place of said 
sold at auc- sale having previously [been] given, and the proceeds of 
said sale equitably distributed among the stockholders or 
Proceeds to be corporators aforesaid, or disposed of lor the promotion and 
disposed of. advancement of the objects for which such corporation was 
originally organized. 

Approved February 24, 1859. 



CORPORATIONS. 23 

AX ACT to amend an act entitled "An act to authorize the formation of corpora- In force April 
tions for Manufacturing, Mining, Mechanical or Chemical purposes," approved 26, 1859. 
February 18th, 1857. 

Section 1. Be it enacted by the People of the State of 
Illinois, rapresented in the General Assembly, Tliat any cor- Corporations 
poration, formed!' under and by virtue of the aforesaid act, to file certifi- 
or any persons who may wish to form a corporation under C e|^ s r ^ hei J a 
the same, and who may he desirous of doing or carrying on fs kept, 
business in more than one place or county, may file the 
certificates required to be filed by sections one, ten and 
seventeen of said act in the clerk's office of the county in 
which their general office shall be kept; and in such case Town and coun- 
the certificate shall set forth in what town and county their t J- 
general office will be kept. 

S'2. An v corporation formed under said act, for the pur- May purchase 

u o ^ . x . . j? j ±- i i n timber and 

pose ot carrying on mining or manufactures oi wood, shall mineral lands, 
have the right to purchase and hold such mineral and timber 
lands as they shall deem essential to provide themselves 
with material for the future operation of said company. 
Approved February 24, 1859. 



A2\ ACT amendatory of the act approved March 3d, 1S45, in relation to Fire In force April 
Companies. 26, 1859. 

[Section 1.] Be it enacted by the People of the state of 
Illinois, represented in the General Assembly, That hereafter 
lire companies wishing to incorporate under said act herein 
referred to, shall be allowed to record such intention in the 
recorder's office, in the proper county, and in the register's m recorder's 
office in all cities of this state, where such office has been or register's 
established. Any member of any fire companies in this 
state shall, during the time he may remain a member of 
said company and comply with the rules and perform the Exemption 
duties thereof, be exempt from road and street labor, or the from road and 
payment of money in lieu thereof. 

Approved February 24, 1859. 



AN ACT authorizing corporations to call stockholders' meetings. In force Febru- 

ary 11, 1859. 

Section 1. Be it enacted by the People of the Shite of 
Illinois, represented in the General Assembly, That the stock- mun° 



a ma- 



b olders of any company organized under any general or .i 0lir 7 of stock 
pecial law of this state, owning the majority of stock in Meeting* 



24 COUNTIES. 

such company, which has been fully paid up and issued, 
may call a meeting of the stockholders of such company, 
By signing a DY signing a call therefor with their proper names, stating 
the number of shares held by each, and filing the same with 
the president or secretary of such company, and publishing 
Publishing the the same in a newspaper published in the county of this 
same ' state where the principal office of such company is kept, or 

in county or at at the seat of government, for three successive weeks prior 
eminent g ° V ~ *° tne * nne ~&xed f° r holding such meeting, and mailing a 
To mail a copy copy thereof to each of the directors of said company, at 
of the call tb n i s usual place of abode. And the secretary of such com- 
directors pany shall enter such call upon the records thereof, and the 
fact of such publication and mailing such notice, giving the 
name of such paper, with the dates and place of publication ; 
which shall be prima facie evidence thereof. 
Powers of the § ^* ^ ne stockholders, of such meeting, (provided a 
stockholders, majority of the stock in such company shall be there repre- 
sented,) may amend, repeal or enact anew the by-laws, 
articles of association or other acts of such company, declare 
dividends, elect directors or other officers of such company ; 
and, finally, do any other acts authorized by law to be clone 
by said company, either at the first or any subsequent meet- 
ing of the stockholders or board of directors of such com- 
pany. 

§ 3. At such meeting stockholders may vote, either in 

person°or by person or by proxy, one vote for each share of stock held 

proxy. * ail( i thus represented. A majority of the votes cast at such 

M . . r meeting, upon any act or motion, shall be necessary to carry 

ry motionsT"" the same; and the proceedings of such meeting shall be 

entered upon the records of such company, by the secretary 

thereof. 

§4. This act shall not apply to railroad corporations, 
to R P S 1C c a om e - § 5. This act shall take effect and be in force from and 
panies. a f ter fts passage. 

Approved February 11, 1859. 



In force Febru- AN ACT to establish the county of Douglas, and for other purposes therein named. 
8, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all that 
portion of the county of Coles, lying within the following 
boundaries, to wit : Commencing at the northeast corner of 
the county of Coles, thence west on the line between said 
county and the county of Champaign, to the northwest 
corner of the county of Coles; thence south on the west 
line of Coles county, to the southwest corner of section 



Boundaries. 



COUNTIES. 25 

eighteen, (18,) township fourteen (14) north, of range seven, 
east; thence east, on the section line, to the southwest corner 
of section eighteen, (18,) township fourteen (14) north, range 
ten east; thence north to the township line between town- 
ships fourteen (14) and fifteen (15) ; thence east, on said line, 
to the east line of Coles county; and thence north, on the 
east line of Coles county, to the place of beginuing, be and 
the same is hereby created into a new county, to be called Name. 
the county of Douglas: Prov ided, that a majority of all the Proviso, 
voters of said coimty of Coles, voting on the question, shall 
vote for the same, in the manner hereinafter prescribed. 

§ 2. The qualified voters of the said county of Coles Election. 
may, at an election to be held in the several precincts of 
said county, to be held on the first Monday of March next, 
vote for or against the creation of the said new county of 
Douglas, by ballot, upon which shall be written or printed, 
or partly written and partly printed, "For the New Coimty," 
or "Against the ~New County." 

§ 3. The clerk o£the county court of the county of Coles Notice to be 
shall give notice of said election in the several election s iven - 
districts in said county, in the same manner as general or Manner of 



con- 



special elections are given, as nearly as may be; and the ? ucting . ele £' 

judges of election and clerks thereof shall conduct said ing returns!* " 

election and make returns thereof in the same manner as is 

now provided by law for conducting elections. In case of 

vacancies in the board of election, or failure to attend, such Vacancies. 

vacancies of absentees shall be filled in the same manner as 

is now provided by law in relation to elections. Returns of 

said election shall be made by the several boards of election 

to the clerk of the county court of Coles county, who shall 

be governed by the general election law then in force in 

opening and canvassing the same. The clerk of the county Keturns to c. 

court of Coles county shall make return of the votes to Bright and j. 

Coleman Bright and J. B. McCown, within six days after B - McCown - 

the same have been canvassed; and the said clerk shall, 

also, within ten days, make return of said votes to the To secretary of 

secretary of state. state - 

§ 4. If it shall appear that a majority of all the voters Special election 
in said county of Coles, voting upon the question, have ^g 0unt;r otfi " 
voted for the creation of the new county of Douglas, then, 
and in that case, there' shall be held a special election in 
the several precincts within the limits in this act described 
for said new county of Douglas, on the second Monday in 
April next, for county officers. Said election shall be con- 
ducted by the judges of elections then holding office under 
appointment in the county of Coles, and at the usual places 
of holding elections; at which election the qualified voters 
of the new comity of Douglas shall elect all county officers 
for said countv, except such as are hereafter excepted, who m i. 

-, t, , ■•''*! --j ,. £ i . ,, l To be commis- 

sliall be commissioned and qualified m the same manner as sioned. 

—2 



COUNTIES. 

such officers are in ether counties in the state, and shall 
hold said offices until the next general election for such 

Te "? ? u f ri °^ c e officers, and until their successors are elected and qualified, 

Son. JUnS 1C ~ and shall have all the jurisdiction and perform all the duties 

which [are] or may be conferred upon or required of like 

Portions of the officers in this state. In case there shall be portions of 
precincts. 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. 

justices of the § *>' -^ tne j list i ces °f the peace, constables or other 

peace, consta- officers, who have been heretofore elected and qualified in 
officers' 1 ° ther tne coimtv °f Coles, whose term of office shall not have 
expired at the time of said election, and whose place of 
residence shall be embraced within the limits of said comity 
of Douglas, shall continue to hold their said offices and 
exercise the jurisdiction and perform the duties thereof, 
until term of office shall expire, and tlueir successors shall 
be elected and qualified. 

County seat. § 6. For the purpose of fixing the permanent county 

seat of said new county of Douglas, the voters of said county 
shall, at said election of county officers, vote for some place, 
to be designated upon their ballots, for a county seat; upon 
said ballots shall be written or printed, or partly written 
and partly printed, "For county seat" — after which words 
shall be written or printed the name of the place intended. 
The place receiving the majority of all the votes polled upon 
that question shall be the county seat of the said county of 

y ew election. Douglas ; but if no one place shall receive a majority of all 
the votes polled upon that question then it shall be the duty 
of the county court of said county to call another election, 
within sixty days thereafter, at the several places of holding 
elections in said county; at which time the voters of said 
county shall choose from the two places having the highest 
number of votes at the previous election, and the place 
having the majority of all the votes cast shall be the perma- 
nent county seat of said county of Douglas. 
« f Q i^„ § 7. Notice of said election for county officers shall be 

otice ot elec- , o ■ J 

given by the clerk oi the county court of Coles county, in 
the same manner as notices of 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 county 
court the same as is provided by law in other cases. 

§ 8. All suits and prosecutions that have been, or may 
TecutfoiTs/*" be commenced in said county of Coles, including all pro- 
ceedings in the county court of said county in matters of 
probate, before the organization of said county of Douglas, 
shall not be affected by this act, but all such suits, prosecu- 



tion. 



Suits and pro- 



COUNTIES. 27 

tions and proceedings shall be prosecuted and conducted to 
their final termination in said county of Coles; and the 
officers of said county of Coles are hereby authorized to 
execute all writs that may be necessary for the completion 
of said suits, prosecutions and proceedings, within the limits 
of said county of- Douglas; and all judgments that may 
have heretofore or that may hereafter be obtained, under 
the provisions of this section, shall have the same hen upon Lien, 
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 Notice to ch> 
elected and qualified the said county of Douglas shall be cult J ud s e - 
considered organized, and the clerk of [the] 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 to be Circuit court, 
holden at such times as said judge shall direct, until other- 
wise provided by law. 

§ 10. The school funds belonging to the several town- School funds, 
ships embraced in the limits of said county of Douglas shall 
be paid and delivered over by the school commissioner of 
the county of Coles to the school commissioner of the said 
county of Douglas, as soon as he shall be elected and quali- 
fied. 

§ 11. The county court of the said county of Douglas Commissioner 

o , . ?, . , . , , i , , & -. to be appomt- 

may, at any term ot said court, by an order to be entered e <L 
of record, appoint some competent person a commissioner, 
for the purpose hereinafter expressed, who shall take an 
oath of office, before some person authorized by law to 
administer oaths. Said court shall, at the same time, pro- 
vide a sufficient number of blank books and deliver to said Blank books - 
commissioner, who shall receipt for the same to the clerk of 
said county court. 

§ 12. As soon as said books shall be delivered to said Commissioner 
commissioner he shall record in each a copy of the order of records^ 
his appointment, and of his oath of office, and shall there- 
upon proceed to transcribe into such books all such deeds, 
mortgages and title papers of every description, with the 
certificates of acknowledgment thereto, of lands lying in 
the county of Douglas, which have been recorded- or may 
be recorded hereafter, before the organization of said county 
of Douglas, be recorded in the recorder's office of the said 
county of Coles; and there shall be allowed him, the said Compensation, 
commissioner, such sum as his services aforesaid are reason- 
ably worth; to be paid out of the county treasury of the 
county of Douglas. 

§ 13. When said commissioner shall have completed Records to be 
his work he shall make return of said books to the clerk of evi enc 
the circuit court of said county of Douglas; and they shall 



28 COUNTIES. 

thereupon be taken and considered, to all intents and pur- 
poses, 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 manner 
that copies of records are evidence in other cases, and with 
like effect. 
County debt, § 14. The county of Douglas shall be responsible for 
and bound to pay one-fourth of the county debt of the 
county of Coles, incurred for stock in the Terre Haute and 
Alton Railroad Company, and shall be entitled to one-fourth 
of the stock held by said county of Coles in said railroad 
company ; and it shall be the duty of the county court of the 
county of Douglas, after the first of January, A. D. 1860, to 
pay the interest on the bonds issued by the county of Coles 
for that purpose, numbered from ]S T o. 1 to ISTo. 25, inclusive, 
semi-annually, as the same shall become due; and also to 
provide for and pay the principal of said bonds, numbered 
as above — the same being one-fourth of the said debt of 
the county of Coles. 
Senatorial and § 15- That the county of Douglas shall, until otherwise 
representative provided for by law, at this or a subsequent session, be 
district. attached to and constitute a part of the 25th representative 

district, and of the 18th senatorial district. 

§ 16. The secretary of state shall forthwith furnish the 
clerk of the county court of the county of Coles with a copy 
of this act, certified under the seal of state. 

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

Approved February 8, 1S59. 



In force Febru- AN ACT supplementary to the act for the creation of the county of Douglas, 
ary 16, 1859. approved February 8th, 1859. 

Preamble. "Whereas it is represented that the county of Douglas, as 
created by the act to which this is supplementary, does 
not contain the number of square miles required by the 
constitution ; therefore, in order to perfect the same, and 
that said county may contain the requisite number of 
square miles, 

Section 1. Be it enacted by the People of the State of 
lllinios, represented in the General Assembly, That the fol- 

Additicnal ter- lowing described territory, to wit: Sections one, (1,) two, (2,) 

ritory. threej ( 3j ) f our? (±y fi ye? ( 5? ) gix? ( 6? ) geven? (^ e i g l ltj (8,) 

nine, (9,) ten, (10,) fifteen, (15,) sixteen, (16,) seventeen, (IT,) 
eighteen, (18,) township No. 14, range No. 10, and section 



coexties. 29 

six, (6,) in township Ko. 14, range ~No. 11, and sections four, 
(4,) five, (5,) and six. (6,) in township !Nb. 14, range ISTo. 14 
west, be and the same are hereby declared to be a part of 
the county of Douglas, as fully and completely, for all pur- 
poses what soever, 'as if they had been contained within the 
boundaries set forth in the act to which this act is supple- 
mentary. 

§ 2. The election required by the act to which this is Election post- 
supplementary, to be held on the first Monday in March P 0Qed - 
next, shall be held on the third Monday of March, in the 
manner therein provided. 

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

Approved February 16, 1859. 



AN ACT to create the county of Ford, and for other purposes. In force Febru- 

ary 17, 1S59. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all that 
portion of Yermilion county lying and being within the 
following boundaries, and described as follows, to wit : Boundaries. 
Beginning at the northeast corner of Champaign county ; 
running thence north to the south line of Iroquois county; 
thence west to the southwest corner of Iroquois county; 
thence north to the northwest corner of Iroquois county; 
thence west to Livingston county ; thence south to the south- 
east corner of Livingston county ; thence west to McLean 
county ; thence south to the northwest corner of Champaign 
county; thence east to the place of beginning, be and the 
same is hereby created into a new county, to be called the 
county of Ford: Provided, that a majority of all the legal Proviso, 
voters of said county of Yermilion, voting on the question, 
shall vote for said new county, at an election to be held in 
manner hereinafter provided. 

§ 2. The qualified voters of said county of Yermilion Special election 
may, at a special election, to be held in the several towns in 
said county, on the first Tuesday in April next, vote for or 
against the creation of said new county of Ford, by ballot, 
upon which shall be written or printed, or partly written 
and partly printed, the words "For the JSew County, 1 ' or 
"Against the ISTew County." 

§ 3. The clerk of the county court of said county of Notice of said 
Yermilion shall give notice of said election in the several e ectl0n - 
election districts of said county, in the same manner as 
notice of general or special elections are given in counties 
which have not adopted township organization, as nearly as 
may be ; and the judges and clerks of election, in the sev- 
eral election districts of said county, shall keep a list of the 



COUNTIES. 

votes polled at said election, and conduct the same in all 
respects, and make return thereof to the clerk of the 
county court in the same manner as is provided by law for 
Vacancies. general elections. All vacancies in the board of election 
shall be filled in the same manner as is provided by law 
Ketums. in other cases. The clerk of said county court shall, within 

seven days after said election, or as soon thereafter as said 
returns shall be received, proceed to canvass the returns of 
said election, in the same manner as in general elections, 
and shall, within five days thereafter, make return of said 
vote to the secretary of state. 
Special election § 4. If it shall appear that a majority of all the voters 
tor county offl [ n sa id county of Yermilion, voting upon the question, have 
cers ' voted in favor of the creation of said new county of Ford, 

then there shall be held a special election, in the several 
towns and precincts within the limits in this act described 
for said new county of Ford, 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 said new county, the voters thereof may, at the first 
election for county officers, vote within such town or precinct 
within said new county as they deem most convenient. 
Manner of eiec- The said election to be conducted by the judges of election 
tion - then in office under appointment or election in said county 

of Yermilion, and to be held at the place of holding the 
last general election. In case of vacancy in the board of 
election or nonattendance, said vacancy or place of any 
absentee shall be filled in the same manner as is provided 
Term and quaii- by law in other cases of election. At which election the 
fication of tig quailed voters of said county of Ford shall elect all county 
cers! 7 officers for said county, except such as hereinafter are 

excepted, who 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 general 
election for such officers, and until their successors are elected 
and qualified, and who shall have all the jurisdiction and 
perform all the duties which are or may be conferred upon 
such officers in other counties of this state. 
Town and pre . § 5. All the justices of the peace, constables, or other 
cinct officers, town or precinct officers, who have been heretofore elected 
and qualified in said county of Yermilion, whose term of 
office shall not have expired at the time of said election, and 
whose residence shall be embraced within the limits of said 
county of Ford, shall continue in office until their term of 
office shall expire, and until their successors shall be elected 
and qualified. 
To vote for the § 6. For the purpose of fixing the permanent location of 
county seat, the county seat of said county of Ford, 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 which ballot shall be written or printed, or partly written 



C0UXTIES. 31 

and partly printed, "For County Seat;" after which words 

shall be written or printed the name of the place intended 

for the county seat. The place receiving a majority of all 

the votes cast upon the question shall be the county seat of 

said county of Ford; but if no one place shall receive a 

majority of all the votes cast upon the question then it shall 

be the duty of the county court of said county to call another New election to 

election, within thirty days thereafter, at the several places seat? 6 C ° UDty 

of holding elections in said county; at which election the 

voters of said county shall proceed to vote as before, but 

shall choose from the two places having the greatest 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 Ford. 

§ 7. Notice of said election for county officers shall be Notice and re- 
given by the clerk of the county court of Yermilion county, in t ion for coun- 
the same manner as in cases of general elections. Said notice *y officers, 
shall specify that a vote will be taken upon the location of 
the county seat. The returns of said election for county 
officers shall be made to the clerk of said court, 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. 

§ 8. All suits and prosecutions that have been or may Suits and pro- 
be commenced in said county of Yermilion, including all pro- secutl0ns - 
ceedings in the county court in matters of probate, before the 
organization of said county of Ford, shall not be affected 
by this act or the operation thereof; but all such suits, 
prosecutions and proceedings shall be prosecuted and con- 
ducted to their final termination in said county of Yermilion ; 
and the officers of said county are hereby authorized to 
execute all writs that may be necessary for the completion 
of said suits, prosecutions or proceedings, within the limits 
of said county of Ford; and all judgments that may have 
heretofore been obtained or that may hereafter be obtained 
in said county of Yermilion, before the organization of said 
county of Ford, shall have the same lien upon all property 
within the limits of said county of Ford as if the said terri- 
tory had not been created into a separate county. 

§ 9. As soon as the county officers shall have been elected Organization, 
and qualified, as aforesaid, the said county of Ford shall be 
considered organized. The oath of office may be adminis- 
tered 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 said county is organized the clerk 
of the circuit court shall give notice thereof to the judge of Circuit court, 
the circuit in which said county may be embraced, who shall 
thereupon hold court at such place in said county of Ford 
as the county court thereof shall designate until the county 
seat of said county shall become permanently located, as 
heretofore provided; which court shall be holden at such 



32 



COUNTIES. 



Commissioner 
to 
recor 



times as the judge of said circuit shall appoint, until other- 
wise provided by law; and until otherwise provided by law 
the said county of Ford shall be taken and considered as a 
part of the eighth judicial circuit. 

School funds. § 10- The school funds, if any, in the hands of the 
school commissioners of Vermilion county, belonging to the 
several towns or parts of towns embraced within the limits 
of said county of Ford, shall be, by said commissioner, 
paid over to the school commissioner of said county of 
Ford, so soon as he shall have given bond and been qualified 
on demand made. 

\ 11. The county court of said county of Ford, shall, 
transcribe a t some term of said court, by an order, to be entered upon 
theirrecords, appoint some competent person a commissioner, 
for the purpose hereinafter expressed, who shall take an 
oath of office before some officer of said county authorized 
by law to administer oaths. Said court shall, at the same 
time, provide a sufficient number of well bound blank books, 
and deliver the same to said commissioner, who shall 
receipt the same to the clerk of said court; and as soon as 
the same shall be delivered to said commissioner, he shall 
record in each book a copy of the order of appointment and 

Transcript of oath of office, and shall thereupon proceed to transcribe 

title papers. ^. Q guc j 1 k 00 k s gjj deeds, mortgages and title papers, of 
every description, with the acknowledgments and certificates 
in relation thereto, of lands lying in the said county of Ford, 
which have been recorded or may hereafter be recorded, 
before the organization of said county, in the recorder's 

Compensation, office of said county of Vermilion. Such commissioner 
shall be allowed by said county court such sums as his 
services shall be worth, to be paid out of the county treas- 
ury. Said commissioner shall note at the end of each paper 
he shall transcribe the book and page which the same was 
transcribed, and shall make a correct double index of said 
records; and on the completion of his duties said commis- 
sioner shall return said books to the clerk of the circuit 
court of said county of Ford; whereupon they shall be 
taken and considered, to all intents and purposes, as books 
of records of deeds, mortgages and title papers for said 
county of Ford ; and copies of said record, certified by the 

To be evidence, officer having the custody of the same, shall be evidence in 
all courts and places, in the same manner that deeds and 
title papers regularly recorded in the recorder's office are 
evidence, and with the same effect. 

Swamp lands. § 12. Of the swamp lands lying within the present limits 
of Vermilion county and of the proceeds of sales of said 
lands heretofore made and which may hereafter be made, 
before the organization of said county of Ford, after deduct- 
ing all expenses paid by and for which said county of Ver- 
milion may be liable, the said county of Ford shall receive 
and be entitled to a share, in proportion to the number of 



COUNTIES. 33 

congressional townships and parts of townships lying within 
the boundaries of said county of Ford; and the share of 
said county of Vermilion to said lands and proceeds of sales 
thereof, as aforesaid, shall be in proportion to the number of 
congressional townships and parts of townships remaining 
within the limits of said county of Vermilion, after said 
county of Ford shall have been organized. 

§ 13. The secretary of state shall forthwith furnish to Copy of act. 
the clerk of the county court of Vermilion county a certified 
copy of this act. 

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

Approved February IT, 1S59. 



AN ACT in relation to a certain county therein named. Iu forc e *Jebru- 

• ary 19, 1859. 

Section 1. Be it enacted by the People of the /State of 
Illinois, represented in the General Assembly, That if trie 
county of Ford is created, by virtue of an act entitled "An County judge 

«/ t ' /."Vi t n n ,-\ )) ot the county 

act to create the county of Ford, and lor other purposes, f Ford au- 
that the county judge of the county of Ford is hereby *°™® d m £ 
authorized to borrow a sum of money, not exceeding in nej . 
amount the sum of (15,000,) fifteen thousand dollars, for 
the erection of county buildings : Provided, a majority of Proviso. 
the legal voters of said county of Ford shall vote in favor 
of making said loan, at any general or special election, to 
be held in said comity. 

§ 2. The county judge of Ford county is hereby author- Authorized to 
ized to issue coupon bonds, in sums not exceeding one thou- bonds. coupou 
sand dollars, and bearing interest at a rate not exceeding 
ten per cent., per annum, payable twenty-five years after 
date ; said interest payable semi-annually at the Bank of the 
State of New York, city of New York. Said bonds to be 
signed by the county judge and the county clerk, under the 
county seal of said county of Ford: Provided, that said Proviso, 
bonds shall not be sold by the authorities of said county at 
less than their par value. 

§ 3. The county court, or board of supervisors, as the Special tax au- 
case may be, is hereby authorized and required to levy and 
collect a special tax on all the taxable property of said 
county of Ford, to pay the interest on said bonds, as the 
same becomes due and payable; and, also, to provide for the 
payment of the bonds, when they become due and payable, 
if not otherwise provided for. 

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

Approved February 19, 1S59. 



34 COUNTIES. 

In force Febru- AN ACT to legalize the sales of certain lands under judgments and decrees, in 
ary 23, 1859. Franklin county. 

Preamble. Whereas the clerks of the circuit and county courts of 
Franklin county, Illinois, have heretofore, for a series of 
years, neglected and omitted, in many instances, to make 
up the judgments, orders and decrees of said courts; and 
whereas the said clerks have heretofore issued many 
executions and orders of sale from the minutes on the 
judge's docket, where the record was not made up as 
aforesaid, and the sheriffs and commissioners of said 
county have gone on and sold divers tracts of land and 
other real estate upon such executions and orders of sale ; 
now, therefore, 

[Section 1.] Be it enacted by the People of the state of 
Illinois, 'represented in the General Assembly, That the pres- 
Cierks author- e nt clerks of the circuit and county courts of Franklin county 
up records^ L De an( i they are hereby authorized and empowered to pro- 
ceed and make up all judgments, orders and decrees, in 
their respective courts, in their regular order, which have 
heretofore been neglected or omitted; and that such judg- 
ments, orders and decrees, when so made up, shall be as 
To be binding, binding and have the same legal force and effect as if the 
same had been made up and recorded at the proper times. 
Process to be And all executions, precepts and orders of sale, heretofore 
va i . j ssuec [ f rom suc ] 1 defective judgments, orders and decrees, 
and all sales of real and personal property made thereon, 
are hereby declared to be as legal and valid as if the said 
judgments, orders and decrees had been properly made up 
and recorded. 
Clerks to make § 2. When the said clerks shall have made up and corn- 
certificates, pleted the said records, they shall make out certificates, in 
writing, stating definitely the extent of such transcribing 
and the amount of fees to which they are respectively entitled 
To be present- therefor, and present the same to the county court of said 
court! county county; and the said county court, upon presentation of 
Court to make said certificates, shall make an order on the county treasurer 

ment for pa7 ~ * n ^ avor °^ sa ^ c ^ er ^ s f° r tne same amounts as are now 
allowed by law for similar services. 

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

Approved February 23, 1859. 



In force Febru- AN ACT for the benefit of Hardin couuty. 

ary 14, 1859. 

Section 1. Be it enacted by the People of the State of 
^nto S thecount d ^* wo * s j represented in the General Assembly, That all fines, 
treasury. D penalties and forfeitures assessed or incurred in the circuit 



COUNTIES. 3 5 

or county courts of Hardin county or collected by justices 
of the peace or other officers of said county, shall be paid 
into the county treasury as a part of the county revenue of 
said county. 

§ 2. Be it further enacted, That all moneys or county Moneys and the 
orders, now in the hands of any officer or person, school tobe%id£to 
officers excepted, as tines, penalties, or forfeitures, aforesaid, the county 
the same having been assessed or imposed within the limits treasur y- 
of said county, and by the proper authority, as prescribed by 
the first section of this act, shall be paid into the county Proviso, 
treasury of Hardin county: Provided, however, nothing in 
this act shall be construed to apply to or interfere with the 
assessment, collection or disposition of fines, penalties and 
forfeitures incurred or resulting from the violation of the 
ordinance or ordinances of any incorporated town. 

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

Approved February 14, 1859. 



AX ACT to authorize the County Court of Henderson county to use a part of the In force Febru- 
poor house in said county as a county jail. ary 24, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That the 
county court of Henderson county be and is hereby County court 
authorized and empowered to use the cells in poor house, SJepoorhotise 
belonging to said county, situated on the northeast quarter as a jail. 
of section twenty-six, in township eleven north, in range 
five west, in said county, and any part of said house, as a 
county jail, until a jail is otherwise provided in said county. 

§ 2. In all cases where any person or persons have been Jailer to re- 
or hereafter may be legally ordered, committed to and kept ceive and keep 
in the jail of said county, it shall be lawful for the jailer of the same. 
said county of Henderson to receive him, her or them, and 
such person or persons to safely keep in the said poor house, 
or any part thereof, in the same manner and under the same 
penalties and liabilities as if the said poor house had been 
originally built as a common jail of said county. 

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

Approved February 24, 1859. 



36 



COUNTIES. 



In force Febru- AN ACT to legalize the acts of the Commissioners of Highways for the county of 
ary 21, 1859. Iroquois, for the year 1857. 

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

Illinois, represented in the General Assembly, That the acts 

Acts of the of the commissioners of highways, within and for the county 

of m tShwa e ys of Ir0( l uois > for the y ear A - D- 185 ^ be and the same are 
legalized. hereby legalized ; and that all roads located by said commis- 
sioners shall be deemed as lawful as if said commissioners 
had given public notice, as is now required by law; and 
that in all cases hereafter, that petitioners for the location of 
any new road or the alteration of an old one, that commis- 
Petitioners to sioners of highways require the petitioners, as aforesaid, to 
cfe^T^amount deposit with them a sufficient amount to defray the expenses 
to defray ex- of the view and survey of the proposed route; and if the 
pensesofview. p rayer f tlie petition shall be granted, then and in that 
case said money shall be refunded immediately to the peti- 
tioners, and the township shall defray all the expenses for 
Proviso. the services aforesaid: Provided, the provisions of this act 

shall not apply to the town of Loda, in said county. 

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

Approved February 21, 1859. 



In force Febru- AN ACT to authorize the Board of Supervisors of McLean county to issue bonds to 
ary 18, 1859. pay oif their subscription to the Board of Education of the State of Illinois. 

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

Illinois, represented in the General Assembly, Subject to the 

Board of super- provisions hereinafter set forth, the board of supervisors of 

Sed^toksue tne conn ty of McLean are hereby authorized to issue the 

bonds. bonds of said county, each bond for such an amount as they 

may determine, but not exceeding $45,000 in total amount: 

said bonds to become due and payable within five years 

from the date of issuing the same, and to bear no greater 

To negotiate rate of interest than six per cent, per annum. Said board 

same. f supervisors are authorized to negotiate said bonds, as best 

they can, or to sell them at par to the Board of Education 

of the State of Illinois, to pay off the subscription of said 

board or the county court of McLean county to said Board 

of Education, for the Normal School. 

Submit ques- § 2. If said board of supervisors think it expedient to 

tion to vote. i ssue bonds as aforesaid they shall submit a proposition to 

do so to the j:>eople of said county at the next April election. 

Said board of supervisors shall cause reasonable notice of 

said election, and the number and conditions of the proposed 

bonds to be given, and supply each place of voting in the 

county with a sufficient number of each kind of the tickets. 



COUNTIES. 37 

on which shall be written or printed, or partly written or 
partly printed, either "For the Comity Bonds," or "Against 
the County Bonds." 

§ 3. Said election shall be conducted and canvassed as Manner of the 
by law is required of other elections; and if a majority of election, 
all the votes cast in reference to this question shall be in 
favor of the issuing of the bonds said board shall thereupon 
issue them as aforesaid, and they shall be deemed valid and 
binding. If a majority of the votes cast upon this question 
shall be against said bonds said board shall thereby be pro- 
hibited from issuing them. 

§ 4. If said bonds shall be issued, under the provisions Proceeds of the 
of this act, said board of supervisors shall appropriate all swamp lands 
the proceeds arising from the sale of the swamp lands of plated to P the 
said county to the payment of said bonds until they shall be payment of the 
fully paid, or shall fund enough of said proceeds to pay said 
bonds, which shall be applied to that purpose and no other. 

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

Approved February 18, 1859. 



)ond; 



AN ACT to amend an act entitled "An act to authorize the Board of Supervisors j n force Febru- 
in and for Peoria county to build a court house and jail, and to issue bonds to ar y 21 1859 
pay for the same." ' 

Section 1. Be it enacted by the People of the State of 
Illinois, representedyin the General Assembly, That any bonds 
issued by authority of an act made and approved February Time and inter- 
9th, 1857, shall not be for a longer time than twenty years, est of bonds * 
and said bonds shall not draw a higher rate of interest than 
ten per cent., to be paid semi-annually, at such time and 
place as the board of supervisors may direct. 

§ 2. Whenever the board of supervisors shall by order Bonds to be 
or resolution direct the issuing of bonds, for purposes here- ^lied and 
tofore mentioned, it shall be and it is hereby made the duty 
of the chairman of the board of supervisors to sign said 
bonds; which bonds shall be countersigned by the county 
clerk, who shall attach thereto the county seal: Provided, Proviso, 
that if the chairman of the board of supervisors refuses to 
sign any bonds issued by order of the board of supervisors 
it shall be competent for the county judge to sign said bonds, 
whose signature shall have the same binding force as if the 
chairman had signed said bonds. 

§ 3. All moneys arising from the sale of bonds issued Proceeds to be 
under this act, together with any taxes that may be levied ^^ house 
to pay either principal or interest accruing upon said bonds, fund." 



38 



COUNTIES. 



pay 

on railroad 

bonds 



shall be denominated "The Court House Fund," and shall 
only be used for building a court house or jail, or in pay- 
ment of any liabilities originating in the erection of said 
buildings. 
Special tax au- § 4. The board of supervisors may and they are hereby 
thorized. authorized to levy a special tax upon the personal and real 
property of said county, not exceeding two mills upon the 
dollar in any one year, for the purpose of building a court 
house or jail, or to pay the principal of any court house 
bonds that may have been or that may hereafter be issued, 
together with interest accruing upon bonds thus issued. 
Special tax to § 5. Be it further enacted, That the board of supervisors 
?w. r ,f st °*' ^ eorm county and their successors be and they are hereby 
authorized to levy a special tax upon the personal and real 
property of said county,* annually, of one-half mill to the dol- 
lar, for the purpose of creating a fund to pay the semi-annual 
interest, as it falls due, upon the Peoria and Hamilton [Han- 
nibal] Railroad bonds : And he it further provided, that any 
annual surplus that may remain, after paying interest, as 
above provided, shall constitute a sinking fund, with which 
to buy up the Peoria and Hannibal Kailroad bonds issued 
by Peoria county; which purchases shall be made by the 
county treasurer, under the direction of the board of super- 
visors: Provided, always, that the annual surplus of said 
sinking fund shall be deposited, upon interest, by the county 
treasurer, under the advice and supervision of the board of 
supervisors — they being responsible for any and all losses 
that may arise upon such deposits. 

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

Approved February 21, 1859. § 



Sinking; fund. 



Proviso. 



In force Febru- -A-N ACT to enable the county of Saline to construct county buildings. 

"&ry 14, 1859. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Assembly, That in case 
County court is the county court of Saline county think it expedient to 
authorized to borrow money for the construction of public buildings for 
orrow money ^.^ count ^ ^ |3 0nc i g f sa [d county may be issued, in the 
aggregate sum of not more than twenty thousand dollars. 
"§ 2. That said bonds shall not be made to run for a 
longer time than fifteen years, and may be made redeemable 
at any time, at the option of the county court of said county 
and shall bear not more than eight per cent, interest, pei 
annum, payable semi-annually, in New York city, on the 
first days of January and July of each year. 



Time and inter 
est of bonds. 



COUNTIES. 39 

§ 3. That in case the county court of said county deem Swamp land 
it expedient the swamp land fund of said county may be jjj^jg™^ be 
pledged for the redemption of said bonds. And the county 
court may levy a special tax, of not more than one mill on Special tax. 
each dollar, per annum, on the taxable property of said 
county, to be collected for the payment of the interest or 
principal of said bonds. 

§ 4. That this act shall be taken and deemed a public act, 
and shall be in force from and after its passage. 

Appeoved February 14, 1859. 



AX ACT to authorize the Township Treasurers of Schuyler county to purchase In force Febru- 
certain county indebtedness. ary 21, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That it shall be 
lawful for and the treasurers of the different school town- Township treas 
ships, in Schuyler county, are hereby authorized to purchase ™£™ bond" 1 "" 
with the fund known as the township fund, which may be 
in their possession, the bonds issued by said county in sub- 
scription to the several railroads being constructed in said 
county : Provided, that all such bonds purchased shall yield Proviso, 
to the different townships not less than ten per cent, interest 
on the amount thus invested. 

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

Approved February 21, 1859. 



AX ACT to authorize the county of St. Clair to borrow money to complete the In force Febru- 
Court House of said county. 3, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the county 
of St. Clair be and is hereby authorized and empowered to County of St. 
borrow monev, in one or more loans, not exceeding in all the P la } r . author - 

a a . J A i i n * n i & i i lzed to borrow 

sum ot iorty thousand dollars, to pay tor and complete the money. 
new county court house, now erecting therein ; and for the 
purpose aforesaid the county court of said county is author- 
ized to issue the bonds of said county for such sum and 
payable in such times and places as the court may designate ; issue bonds, 
which bonds shall bear interest not exceeding ten per cent, 



40 COUNTIES. 

per annum, and in such form as said court may deem proper, 
and shall be signed by the county court judges and counter- 
signed by the clerk of said court, with the seal of said 
Shall hare a county annexed, and also shall have a copy of this act printed 
copy of this thereon; and said bonds, so executed, shall be disposed of 
there P on. Dte by said court, and shall be obligatory upon said county. 

" § 2. This act to take effect from and after its passage. 
Approved February 3, 1859. 



In force Febru- AN ACT to authorize the Supervisors of the county of Stephenson to borrow 
ary 9, 1S59. money. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the super- 
Supervisors visors of the county of Stephenson be and they are hereby 
borro^money authorized to borrow a sum of money, not exceeding four 
thousand dollars, at a rate of interest not exceeding ten per 
cent., and for a period of not more than five nor less than 
three years, for the purpose of rebuilding the poor house in 
said county. 
To issue bonds. § 2. That upon making the loan as aforesaid, the said 
supervisors are hereby authorized to issue bonds for the same, 
in sums of not less than one hundred dollars, which shall be 
executed by the chairman of the board of supervisors, attested 
by the clerk of the county court, and countersigned by the 
treasurer. 

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

Approved February 9, 1859. 



In force Febru- AN ACT to amend an act entitled "An act to provide for the sale of property in 
arv 24 1859. White county," approved February 27th, 1847. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so much 
Part of section of section four of an act entitled " An act to provide for the 
four repealed. ga j e f pj. p er fey m White county," approved February 27th, 
1847, as requires the purchaser of the property named in 
said act to build locks and keep them in good repair, be and 
the same is hereby repealed. 

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

Approved February 24, 1859. 



COUNTY SEATS. 41 

AN ACT to legalize certain acts and proceedings of the Board of Supervisors of In force Febru- 
Whiteside County in relation to the sale and conveyance of the swamp and ary 14, 1859. 
overflowed lands situated in said county. 

"Whereas the boardof supervisors of the county of White- Preamble, 
side did, at a special session, begun and held in the month 
of November, A. D. 1857, pass certain orders providing 
for the sale and conveyance of certain swamp and over- 
flowed lands, situated in said county, to one William Mar- 
shall, and did, also, subsequently to that date, sell and 
convey to the said William Marshall certain swamp and 
overflowed lands situated in said county, and did farther 
sell and convey, at different times, to divers other persons, 
certain tracts of swamp and overflowed lands situated in 
said county of Whiteside ; now, therefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all and Acts of super- 
singular the acts and proceedings of the board of supervisors Glared valid e " 
of Whiteside county, in selling, conveying, transferring, the 
said swamp and overflowed lands to the said William Mar- 
shall, or to any or all other person or persons, to whom the 
said county has conveyed or sold any portion of the swamp 
and overflowed lands situated in said county, be and the 
same hereby are declared to be valid and effective in law to 
convey the title of said lands to each and every person or 
persons who may have purchased the same, and that all 
orders, proceedings or conveyances, adopted or used by said Conveyances 
board of supervisors, for the purpose of conve/ing the title made Tali(L 
to the person or persons purchasing the same, shall be taken 
and held, in all courts and places, to be good, valid and 
effective, for the purpose of conveying the title to the said 
lands as aforesaid, according to the true intent, meaning and 
purport of such orders, proceedings or conveyances. 

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

Appkoved February 11, 1859. 



AN ACT to provide for the removal of the County Seat of Alexander County, in Jq f orce ^^j 
this State. 26, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That at the 
election to be holden on the Tuesday after the first Monday Vote for or 
in the month of November, A. D. one thousand eight hun- "ff^^ " 
dred and fifty-nine, in the county of Alexander, in this state, seat.° ° 0Un 7 
a poll shall be opened at each election precinct in said county, 
for and against the removal of the county seat of said county 
from its present location, at Thebes, to the city of Cairo, in 
o — 



42 



COUNTY SEATS. 



Ballots. 



Notice. 



Judges, clerks, 
and returns. 



Keturns to be 
canvassed. 



Publication. 



Kemoval. 



Buildings. 



Donations. 



said county; at which election the qualified voters of said 
county may vote upon said question of removal; those 
desiring the removal shall have written or printed on their 
ballots the words "For Removal," and those opposed to said 
change shall have printed or written on their ballots the 
words "Against Kemoval." 

§ 2. When the county clerk of said county shall give 
notice of the election to be holden in the month of Novem- 
ber, A. D. one thousand eight hundred and fifty-nine, it 
shall be his duty to state in said notices that a poll will be 
then opened at each precinct in said county of Alexander 
for and against the removal of said county seat from Thebes 
to the city of Cairo. 

§ 3. The judges of election and clerks thereof, by whom 
the elections shall be holden on the day and at the places in 
the foregoing section specified, shall make returns of the 
same in the same manner and at the same time as other 
returns are to be made by them. 

§ 4. When the returns of said election are or shall be 
made to the county clerk of said county the same shall be 
opened and counted or canvassed in the same manner as 
other returns are or shall be opened and canvassed; and 
upon the result being ascertained the certificate thereof shall 
be spread by said clerk upon the records of said county 
court. And if it shall appear that a majority of the legal 
voters of said county have voted in favor of said removal, 
then the city of Cairo shall be and remain the county seat 
of said county; and it shall be the duty of the county clerk 
to give notice of said result, by publishing the same in all 
the papers published in said county for four weeks consecu- 
tively, at the expiration of which said time the said removal 
shall take effect. 

§ 5. From and after the period of six days following the 
last insertion of the notice of the result required to be given 
in the preceding section, it shall be the duty of all the county 
officers required by the laws of this state to hold their offices 
at the county seat to remove their offices from said town of 
Thebes to the city of Cairo ; and it shall be the duty of the 
county court, as soon thereafter as may be, to erect or pro- 
cure suitable buildings for the public officers of said county, 
and also for holding the circuit courts of said county ; and 
when the same are so erected or procured, the records, books, 
papers and furniture of said county shall be kept therein, 
and all business shall be transacted thereat. 

§ 6. Said county court shall have the power and are 
hereby authorized to receive donations of either land or 
money or other property for the purpose of erecting, finish- 
ing, completing and furnishing said court house hereby in 
this act required to be erected, and the same so received 
shall be applied by said court for said purpose. 

Approved February 18, 1859. 



COUNTY SEATS. 43 

AN ACT to relocate the County Seat of Effingham County. In force Febru- 

ary 18, 1859. 

Whereas a petition of a majority of the legal voters of Preamble. 
Effingham county has been presented, praying for the 
removal of the comity seat of said comity to the town of 
Broughton; and whereas the towns of Broughton, Effing- 
ham and the various additions thereto have been consoB- 
dated, under the name of Effingham ; therefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That on the Election. 
first Monday in September, A. D. 1859, an election shall be 
held in the county of Effingham, in the state of Illinois, at 
the usual places of holding elections, for the purpose of 
determining whether the present seat of justice of said 
county shall be removed and relocated. 

§ 2. The judges and clerks of elections shall attend on Of judges and 
the day of election and conduct said election according to clerks - 
the laws of this state ; and all legal voters of said Effingham Voters, 
county shall be entitled to vote for or against the removal 
of the county seat of said county to the town of Effingham. 

§ 3. The ballots shall be in the following form, to wit: Form of ballots 
"For Bemoval" — "Against Removal." And the judges 
and clerks of said election shall make returns of said elec- Returns, 
tion in the manner and time now prescribed by law in 
regard to other elections in this state. 

§ 4. When the retains shall have been made to the Votes to be 
county clerk of said Effingham county, he shall proceed to canvassed - 
open and count the votes cast at said election in the same 
manner as in cases of other elections; and if a majority of 
all the votes cast at said election are "For Removal," then 
the said town of Effingham shall be and remain the perma- 
nent seat of justice of said county; but if a majority of all 
the votes cast shall be "Against Removal," then the town 
of Ewington, the present county seat, shall be and remain 
the permanent seat of justice of said county. 

§ 5. If the seat of justice shall be established at the said 
town of Effingham, according to the provisions of this act, 
the county court of said county are authorized and it is 
hereby made their duty forthwith to procure or erect suit- 
able public buildings for the public offices of said county Public buUd- 
and for holding the county and circuit courts of said county, m %*' 
in the said town of Effingham, or some of the additions 
thereto ; and the said county court are hereby authorized to 
receive, take, collect and apply donations or subscriptions, Donations, 
either in land, lots or money, for that purpose ; and when 
such arrangement shall have been made the records and Records to be 
offices of said county shall be removed to said place, and removed - 
the county and circuit courts of said county shall be held at 
that place. 

§ 6. That the secretary of state cause a certified copy of Notices, 
this act to be immediately transmitted to the clerk of the 



44 COUNTY SEATS. 

county court of said county, who shall issue notices of said 
election to the sheriff of said county; and said sheriff shall 
cause said notices to be posted up in the several precincts of 
said county, in the same manner as notices of general elec- 
tions, according to the laws of this state. 

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

Approved February 18, 1859. 



Notice. 



In force April AN ACT to provide for an election for the removal of the County Seat of Hender- 
26, 1859. son county. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That at the 
Election for or election to be held on the Tuesday next after the first Mon- 
vffofcounty c % in November, one thousand eight hundred and fifty- 
seat, nine, in the county of Henderson, a poll shall be opened at 
each of the election precincts in said county, for and against 
the removal of the county seat of said county, from its 
present location, at Oquawka, to the town of Warren, in 
said county; at which election the qualified voters of said 
county may vote upon said question of removal. Those 
desiring the removal shall have written or printed on their 
Ballots. ballots, "For Removal," and those desiring the county seat 
of said county to remain at Oquawka shall have printed or 
written on their ballots "Against Removal." 

§ 2. When the county clerk of said county gives notice 
of the election to be held in November, in the year of our 
Lord, one thousand eight hundred and fifty-nine, it shall be 
his duty to state in said notices that said polls will be opened 
at the election precincts in said county, according to the pro- 
visions of this act. 
Eeturns. § 3. The judges and clerks of said election shall make 

returns of said election in the manner and time now provi- 
ded by law in regard to other elections in this state. 
Returns to be § 4. "When the returns of said election are made to the 
canvassed. c l er ]£ f the county court of said county the same shall be 
opened and counted as other returns are required to be 
opened and counted; and the said clerk shall spread the 
Certificate. Unal certificate thereof on the records of said county court. 
And if it shall appear that a majority of the voters of said 
county have voted for said removal then the town of Warren 
shall be and remain the seat of justice of said county. 

§ 5. In case the election herein authorized shall be deci- 
ded in favor of removing the seat of justice of said county 
to Warren it shall be the duty of the county court of said 
county, as soon thereafter as may be, to erect or procure 
ings. C U " suitable buildings for the public officers of said county, and 



COUNTY SEATS. 45 

also a suitable place for holding courts in "Warren; and 
when such buildings are erected or procured the officers, 
records, books, papers and furniture of said county shall be Reeords to be 
removed thereto ; and the circuit and county courts shall be removed - 
held and county business shall be transacted at Warren. 
Approved February 19, 1859. 



, AN ACT for relocating the County Seat of the county of Kendall. In force Febru- 

ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the point 
to which the county seat of the county of Kendall may be Location, 
removed be and is hereby described as follows, to wit: By 
a circle having for its radius twenty chains and for its centre 
the middle of the island in Fox river, between Bristol and 
Yorkville bridge, in the county aforesaid : Provided, that a 
majority of the voters of said county vote for its removal to 
such point. 

§ 2. That the qualified voters of the county of Kendall, Election, 
at the time and place of holding town meetings for the elec- 
tion of town officers, to be held on the first Tuesday of 
April, A. D. 1859, are authorized to vote upon the proposi- 
tion to remove said county seat to said point — each voter's 
intention to be defined and declared by the words "For 
Removal" or "Against Removal." And the said vote of Result, how as- 
said election shall be ascertained by the officers of said elec- certamed. 
tion, according to the provisions of the general election laws. 

§ 3. The officers of said election shall, in addition to the officers of the 
town clerk and moderator, as provided for at town meetings, the election, 
consist of the supervisor and collector of the several towns, 
and, also, an additional clerk, who shall be sworn to perform 
the duties of their office the same as at general elections, 
and shall receive for their services the same as at general 
elections, out of the comity treasury. 

§ 4. The result of said election being ascertained in the 
usual manner and properly attested by the board of said 
election, as well for town officers as for and against removal, 
and the result of said vote "For Removal" and "Against 
Removal" shall be returned to the county clerk, by the said Returns, 
board of election, within four days after said election. It 
shall be the duty of the clerk of the county court to spread 
said return on his record, and notify, by written notice, the Notice to board 
board of supervisors, at their first meeting;, of the result ofsu P ervisors - 
thereof. 

§ 5. If a legal majority of the votes of said county shall Commissioners 
be for removal of said seat of justice to the point aforesaid t0 select Slte - 
and according to the provisions of this act, the board of 



46 COUNTY SEATS. 

supervisors are hereby constituted and appointed commis- 
sioners to select the site in the aforesaid point for the erec- 
tion of public buildings. 

Public build- § 6. It shall also be the duty of the board of supervisors, 

"^s. at their first meeting, or as soon thereafter as practicable, (if 

the vote shall be for removal,) to cause the necessary plans 
and specifications to be made for the erection cf a building 
or buildings, for county purposes, on said site, and to make 
arangements so that said building or buildings may be erected 
within three years from the first day of November, 1859, 
and to levy and collect the necessary tax for that purpose. 
And when said building or buildings shall have been erected 
and accepted by the board of supervisors the court, officers 

Records to be and public records shall be removed, held and kept in said 
removed. building or buildings on said site: Provided, said court, 
officers and public records may be held and kept at its pres- 
ent site, in Oswego, until said building or buildings are 
completed and accepted by the board of supervisors. 

Notice of elec- § 7. Public notice shall be given of said election by the 
tion. county clerk in the newspaper printed in said county ; 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 the election is called 
for the above named purpose of removing the county seat 
of said county,) at least twenty days previous to the holding 
of said election ; but notice of said election may be published 
and put up in said several towns by any citizen of the county 
aforesaid, and if actually posted up shall be deemed legal 
and sufficient notice of said election: Provided, also, that 
the refusal of any publisher of any paper in said county to 
publish said notice shall not render said election invalid. 

Expense. § 8. The expense incurred in said election, and in fixing 

the location, and in removing the county seat, shall be paid 
out of the county treasury of Kendall county. All acts or 
parts of acts which shall conflict with this act are hereby 
repealed. 

§ 9. This act to take effect from and after its passage. 
Approved February 24, 1859. 



In force Febru AN ACT to amend an act entitled "An act to provide for the relocation of the 
arv 29 1859 county seat of Tazewell county, and the erection of public buildings," approved 

February 2, 1849. 

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

Illinois, represented in the General Assembly, That section 

Vacancy in the seven of the act to which this is an amendment be so 

te°es rd ° f tlUS " amended, that in case of the death, removal from the county 

of Tazewell, or resignation filed with the county clerk of 

said county, of any of the trustees named in said section, or 



COURTS. 47 

any who may be hereafter appointed under the provisions 

of this act, the board of supervisors of said county, at their To be filled by 

annual meeting, in the month of March, in each year, shall, JjJJJ^J* su " 

by ballot, elect suitable persons, residing in said county, to 

fill all vacancies occurring in said board of trustees at any 

time hereafter, or which may now exist; which persons, so 

elected, shall hold their office for one year and until their 

successors shall be elected ; and the trustees so elected shall 

have all the powers and perform all the duties as those Powers and 

named in the act to which this is an amendment, and be duties - 

deemed invested, during the time they may hold their office, 

with the same estate as those named in said act. 

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

Approved February 22, 1859. 



AN ACT to authorize courts in this state to hold over in cases where capital trials In force Febru- 
are pending. ary 1, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That whenever 
any court in this state shall be engaged in the trial of any c ° ll ?} s may 
capital crime and such court shall be required by law to hold 
a term of court in any other county before the verdict shall 
have been given in such cause, the said court in which said 
case may be on trial shall have full power and authority to 
continue in session until the rendition of a verdict and judg- 
ment, anything in the law to the contrary notwithstanding. 

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

Approved February 1, 1859. 



AN ACT authorizing the judges of the supreme courts to correct judgments in In force Febrtt- 
certain cases in vacation. ary 18, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That whenever 
any judgment shall have been rendered in the supreme Judgment may 
court, which, upon further consideration, is found to have yac^ioi?^ m 
been erroneously entered up, the judges thereof are author- 
ized, during vacation, to change the same, without ordering 
a rehearing thereof, by entering a proper judgment in said 
cause ; and in case a procedendo shall have been issued in any 
such cause the said judges may recall the same ; and, by or- 
der of any of the judges, all proceedings taken by reason of 



48 COURTS CIECTJIT COUETS. 

Proviso. sucli procedendo shall be vacated and set aside : Provided, 

That all such judgments shall be corrected within six months 
from the adjournment of the term at which they may have 
been rendered. 

§ 2. This act shall take effect from its passage. 

Approved February 18, 1859. 



In force Febru- AN ACT in relation to certain decrees in chancery and orders of court, 

ary 19, 1859. 

Be it enacted by the People of the State of Illlinois, repre- 
sented in the General Assembly, That hereafter, in all cases 
Lien to secure where an order of a court of record or decree in chancery is 
m°onj\ ° r a " niade a lien on lands of a party to such order or decree, in 
any courts in this state, to secure the payment of the yearly 
value of a widow's dower, or the alimony to be paid to a 
woman or to a child or children, or to secure the payment of 
specific sums of money, to become due, from time to time, 
and sales of land may become necessary to satisfy any such 
sum or sums of money and costs, as they may become due, 
Sales not to ex- Slicn sales shall not release or extinguish the lien upon such 
ingulf ien. j an( ^ g f QJ , ^ gumg f monev that may become due after pro- 
ceedings are instituted to sell lands under such order or de- 
Execution may cree; and executions may issue, from time to time, to enforce 
such orders or decrees, as payments may become due, accor- 
ding to the practice in courts of law or equity. 
Appeoved February 19, 1859. 



In force Janu- AN ACT to change the time of holding courts in the first judicial circuit, 

ary 31, 1859. 

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

Illinois, represented in the General Assembly, That hereafter 

courts shall be holclen in said circuit as follows, to wit : 

Time of hold- In the county of Morgan, on the fourth Mondays of Feb- 

ing courts. ruary, the third Mondays of June, and the fourth Mondays 

of October. 

In the county of Jersey, on the fourth Mondays of March, 
and the first Mondays of September. 

In the county of Greene, on the first Mondays of April, 
and the second Mondays of September. 
\ In the county of Calhoun, the third Mondays of April, 
and the fourth Mondays of September. 

In the county of Scott, on the fourth Mondays of April, 
and the second Mondays of October. 



CIRCUIT COURTS. 49 

§ 2. All summonses, subpoenas, writs, notices, declara- Process reten- 
tions in ejectment, bonds, recognizances, venues, and pro- able - 
cess of any description, made and served for or returnable to 
the times as now fixed by law, shall be sufficient for the 
terms in the several counties* respectively, occurring after 
the passage of this act, and be treated by like force and ef- 
fect as if the same had been issued, given or made returna- 
ble to the said several terms, as herein provided for. In all 
cases when a judgment in an action in ejectment has been judgments in 
rendered in any of said counties where a right may exist to ejectment. 
have a new trial, under the provisions of the statutes now in 
force, within one year thereafter, and the parties thereto shall 
be unable to make application therefor within such time, by 
reason of the change of the time of holding courts, as herein 
made, it shall be lawful 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 aforesaid. 

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

Approved January 31, 1859, 



AN ACT to change the times of holding courts in the second judicial circuit. j a f orce Febru- 
ary 8, 1859. 

Sectiox 1. Be it enacted by the People of the -State of 
Illinois represented in the General Assembly ', That hereafter 
the terms of the circuit court in the counties composing the Second circuit 
second judicial circuit shall be held at the times following, 
viz: 

In the county of Clinton, on the first Monday of March Tune of hold* 
and August of each year. mg cou s ' 

In the county of Marion, on the second Mondays there- 
after. 

In the county of Washington, on the third Monday there- 
after in April, and the second Monday thereafter in Septem- 
ber of each year. 

In the county of Eandolph, on the second Monday there- 
after of each year. 

In the coimty of Monroe, on the second Monday thereaf- 
ter of each year. 

§ 2. That all writs, recognizances and process of com- Process re* 
mon law, criminal, or in chancery, returnable to the present turnable » 
terms of courts in said circuit, shall be deemed returnable 
to the several terms of court as fixed by this act, and shall 
be as valid as if made returnable to the terms fixed by this 
act. 



50 CIRCUIT COURTS. 

Acts repealed. g 3. All acts and parts of acts coming within the pur- 
view of this act and conflicting with the same are hereby re- 
pealed. 

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

Approved February 8, 1859. 



In force Febru- «,._,,„ t *. . „ . . 

ary 3 1359. -^ ACT to establish the twenty-sixth judicial circuit, and declare what counties 
shall compose the third judicial circuit, and fix the time of holding courts in 
said circuits. 



Twenty-sixth 
circuit. 



Time of hold- 
ing courts. 



Process 



Election 
judge. 



Powers 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the coun- 
ties of Franklin, Saline, Williamson and Johnson shall com- 
pose a judicial circuit, to be called the twenty-sixth judi- 
cial circuit of the state of Illinois, and that circuit courts 
shall be holden at the respective county seats of said coun- 
ties, at the times following: In the county of Johnson, 
on the second Mondays in March and first Mondays in Au- 
gust; in the county of Williamson, on the first Mondays fol- 
lowing; in the county of Saline, on the second Mondays 
following; in the county of Franklin, on the second Mondays 
following, and continue in said last mentioned county until 
all the business shall be disposed of. All writs, subpoenas, 
recognizances and other process, which may have been or 
may be issued and made returnable to the terms of circuit 
courts, as heretofore recpiired 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, or which shall be given, 
either by publication or otherwise, with reference to said 
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 court shall be taken up and proceeded with as if no 
alteration had been made in the times of holding said terms 
of court. 

Monday in March next, an election 
counties for a judge of said twenty- 
sixth judicial circuit, which shall be conducted and re- 
turns thereof made and certified and canvassed in the man- 
ner provided by the constitution and laws of this state. Said 
judge, when elected, shall hold his office until the next regu- 
lar and general election forjudges, as provided by the con- 
stitution, and until his successor is elected and qualified. 

§ 3. The said circuit judge, when elected, shall exercise 
all the powers, perform all the duties, and have all the juris- 
diction and authority now had or heretofore to be reqidred 



for § 2. On the first 
shall be held in said 



CIRCUIT C0UKTS. 51 

of or exercised by circuit judges of this state, under the con- 
stitution and laws of this state. 

§ 4. The state's attorney, elected at the last general elec- state ' s abor- 
tion for state's attorney for the third judicial circuit, shall ney ' 
perform the duties of said office in the twenty-sixth judicial 
circuit, as established by this act. 

§ 5. It shall be the duty of the secretary of state to 
cause a certified copy of this act to be immediately transmit- 
ted 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 for judge, as Notice of eiec- 
aforesaid, to the sheriffs thereof, respectively ; which 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 state for holding general elections. 

§ 6. That the counties of. Perry, Jackson, Union and Third circuit. 
Alexander shall compose the third judicial circuit of the 
state of Illinois, and the circuit courts of said counties shall 
be held at the respective county seats thereof, at the times 
following : In the county of Perry, on the fourth Mondays Times of hoid- 
of April and the third Mondays of September; in the conn- ing courts - 
ty of Jackson, on the third Tuesdays following ; in the coun- 
ty of Union, on the second Tuesdays following; in the coun- 
ty of xYlexancler, on the second Tuesdays following, and con- 
tinue in said last mentioned county until the business therein 
shall be disposed of. All writs, subpoenas, recognizances 
and other process, which may have been or may be issued Process, 
and made returnable to the terms of courts in the last men- 
tioned counties, as heretofore required by law to be holden, 
shall be deemed and taken to be returnable to the said terms 
of the courts, as required to be holden under this act ; and 
all notices which may have been given or which may be 
given, either by publication or otherwise, to the terms as 
heretofore required to be holden, shall, by force of this 
act, refer to the terms of courts, as required to be holden bv 
this act. And all proceedings pending in said courts shall 
be taken up and disposed of as if no alteration had been 
made in the time of holding said courts. 

§ 7. On the first Monday in April next, an election for Election for 
a state's attorney for said third judicial circuit shall be hoi den, Jj^f' 8 attor ' 
which shall be conducted and returns thereof made and cer- 
tified and canvassed in the manner provided in the constitu- 
tion and laws of this state. Said state's attorney, when 
elected, shall hold his office until the next general election 
for state's attorneys, as provided by the constitution and laws 
of this state ; shall discharge all the duties, and receive the like 
fees and compensation for services as such as appertain to 
said office by the constitution and laws of this state. 

§ 8. 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 said 



52 



CIRCUIT COURTS. 



Notices of elec- 
tion. 



counties composing said third judicial circuit ; 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 several precincts, 
in all respects in like manner as provided by the constitution 
and laws of this state for holding general elections thereof. 
Acts repealed. § 9. All acts and parts of acts conflicting with the pro- 
visions of this act shall be and the same are hereby repealed. 
This act to take effect and be in force from and after its pas- 
sage. 

Approved February 3, 1859. 



In force Febru- AN ACT to establish the twenty-fifth judicial circuit, and to fi: 
ary 1, 1859. ing courts in the fourth judicial circuit. 



the time of hold- 



Twenty-fifth 
circuit. 



Times of hold- 
ing courts. 



Fourth circuit. 



Times of hold- 
ing courts. 



Process. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the coun- 
ties of Crawford, Clay, Richland, Jasper and Lawrence shall 
constitute the twenty-fifth judicial circuit of Illinois. 

§ 2. That circuit courts shall be held in said counties as 
follows, viz: 

In the county of Lawrence, on the third Mondays in the 
months of April and September. 

In the county of Crawford, on the second Mondays there- 
after. 

In the county of Jasper, on the second Mondays there- 
after. 

In the county of Clay, on the second Mondays thereafter. 

In the county of Richland, on the second Mondays there- 
after. 

§ 3. That the counties of Coles, Edgar, Clark and Cum- 
berland shall hereafter constitute the fourth judicial circuit, 
and courts shall be held in the several counties thereof as 
follows, viz : 

In the county of Clark, on the first Mondays of March 
and September. 

In the county of Coles, on the fourth Mondays thereafter. 

In the county of Edgar, on the fourth. Mondays there- 
after. 

In the county of Cumberland, on the fourth Mondays 
thereafter. 

§ 4. All wilts and other process and recognizance which 
may have been or may be issued and made returnable to the 
terms of the circuit courts in said counties, as heretofore 
required by law, shall be deemed and held to be returnable 
to said terms, as herein provided ; and all notices which 
may have been given, either by publication or otherwise, 



CTRCUTT COURTS. 53 

with reference to the terms, as heretofore required to be 
holden, shall, by force of this act, refer to the terms of the 
courts, as herein required to be holden in said counties ; and 
all proceedings pending in said courts, as herein provided, 
shall be taken up and proceeded with as though no altera- 
tion had been made in the time of holding courts in said 
counties. 

§ 5. And be it further enacted, dec, That on the first Election for 
Tuesday in April next, an election shall be held for one J ud = e - 
judge of the said twenty-fifth circuit; which election shall 
be conducted as by statute provided for general elections ; 
which judge, when so elected, shall hold his office until the 
next general election for judges, as now provided by law. 

§ 6. There shall be elected at the April election herein Election for 
provided one prosecuting attorney, whose duties and com- state's attor- 
pensation shall be the same as now provided by statute for nej 
said office, and whose term of office shall expire at the time 
by law provided for the election of prosecuting attorneys 
throughout the state. 

§ 1. It shall be the duty of the secretary of state to cause 
a certified copy of this act, upon its adoption, to be trans- 
mitted to the clerks of the several circuit and county courts 
of each of the said counties in this act mentioned, and the 
clerks of the comity courts of the respective counties em- 
braced in the twenty-fifth circuit, as herein provided for, 
shall give notice for the election of such officers as are required Notice of elec- 
to ba elected by the third and fifth sections of this act; which tion - 
notice shall be in conformity to the laws in regard to gen- 
eral elections. 

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

Approved, Feb. 1, 1859. 



AN ACT to change the time of holding courts in the fifth judicial circuit. In force Febru- 

ary 8, 1859. 

Section 1. Be it enacted by the Peojrte of the State of 
Illinois, represented in the General Assembly, That the terms 
of the circuit court in the fifth judicial circuit shall hereafter Fifth circuit, 
be held in the several counties composing said circuit, at the 
times following, viz: 

In the county of Fulton, on the fourth Monday of Febru- Tira e of hold- 
ary, the first Monday in June and the fourth Monday in m s courts - 
September of each year. 

In the county of McDonough, on the third Monday of 
March and the first Monday of September of each year. 

In the county of Pike, on the second Monday of April, 
the first Monday of August, and the third Monday in 
November of each year. 



54 CIRCUIT COURTS. 

In the county of Schuyler, on the first Monday of May 
and the third Monday of October of each year. 

In the county of Brown, on the third Monday in May 
and the first Monday in November. 
Process. § %• -^-11 indictments, recognizances and suits, either of 

common law or in chancery, shall stand for hearing at the 
times herein specified for holding courts, the same as though 
no change had taken place ; and all writs and other process, 
civil or criminal, shall be and they are hereby made return- 
able the same as if there had been no change in the time of 
holding said courts; and all returns heretofore made or that 
may hereafter be made, either according to this act or the 
acts hereby repealed, shall be taken to be returnable to the 
terms of court, as hereby fixed, and shall be legal and valid 
in all respects as if no change had taken place. 

§ 3. All acts and parts of acts coming within the pur- 
view of this act and in conflict with the same be and they 
are hereby repealed. 

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

Approved February 8, 1859. 



In force Febru- AN ACT to fix the time of holding courts in the sixth circuit and to regulate the 
ary 19, 1859. practice therein. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the circuit 
Sixth circuit com 'ts of the [comities] composing the sixth judicial circuit 
shall be holden at the county seats of the respective counties, 
at the times following, viz : 
Times of hold- I 11 the county of Rock Island, on the second Monday of 
in g courts. January, the second Monday of May, and the second Mon- 
day of September. 

In the county of Henry, on the first Monday of March, 

and the second Monday of October. 

Day for mo- § ^' That for the purpose of facilitating the business of 

tions, demur- said courts, the judge of said circuit may, by an order 

mStT dargU " t0 De fi le( * in tne clerk's office of said courts, set apart any 

number of days at the commencement of any term, for the 

hearing of motions, demurrers and arguments, the making 

up of issues, and the decision and disposition of all matters 

not requiring the intervention of a jury, and may in such 

order direct and fix the time in any such term at which 

jurors and witnesses shall be summoned to appear therein; 

of which order public notice shall be given by the clerk of 

said court, and summons for jurors and witnesses shall be 

made returnable accordingly. 



CIRCUIT COURTS. 55 

§ 3. The judge of said circuit shall have full power to Rules of prac- 
establish all such rules of practice, at law or in equity, as he tlce - 
may deem necessary to expedite the business of said court; 
which rules shall be binding and obligatory upon parties to 
suits and proceedings in said courts, from the time they shall 
be entered of record. And said judge may, by order entered Day for general 
of record at any term of said courts, appoint and fix any molionj&cl 81 
term or number of days at which he will hear at his cham- 
bers, general and special motions, arguments of demurrer 
and pleadings, arguments upon agreed cases, and for the 
making of all such interlocutory orders as may be necessary 
to expedite the proceedings in any cause in said court, and 
the granting of all such orders as may be required or neces- 
sary in the practice of said court. And any term of said 
court may be adjourned not only from day to day but to any 
day or time which said court may, by its order, appoint, but 
not beyond the first day of the next regular term in said 
circuit, as fixed by law. 

§ 4. That sections seven, eight and nine of the act of Sections con- 
February 5th, 1857, establishing the twenty-second judicial ^"1 
circuit, and fixing the time for holding courts in the sixth 
circuit, of which act this is an amendment, and also sections 
three, four, five and six of "An act to fix the times of hold- 
ing the circuit courts in the sixteenth judicial circuit and to 
regidate the practice therein," approved February 9th, 1855, 
are hereby continued in force and made applicable to the 
sixth judicial circuit and the courts thereof. 

§ 5. This act shall take effect and be in force from and after Secretary of 
its passage ; and the secretary of state is directed to have ^ cop^™ 118 " 
the same printed, and to transmit without delay fifty copies 
thereof to the clerk of each circuit court in the sixth judicial 
circuit. 

Approved February 19, 1859. 



AX ACT to amend an act entitled "An act declaring what counties shall compose j n f orce Fehru 
the eighth judicial circuit, and fix the times of holding courts and regulate the arr 04 is™ 
practice in said circuit," approved February 11th, 1857. •* ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
after the fall term of the circuit court in and for the county Time of courts 
of Vermilion, in the eighth judicial circuit, shall be held 1U Vermilion - 
on the first Monday of November. 

§ 2. All writs, subpoenas, recognizances, and other pro- Process. 
cess, which may have been or which may be issued and 
made returnable to the fall term of the circuit court in said 
county, as heretofore required to be holden, shall be deemed 
and taken to be returnable to the said term of the said cir- 
cuit •court, as herein required to be holden; and all notices 



u 



CIRCUIT COUETS. 



which may have been given, either by publication or other- 
wise, 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 county ; and 
all proceedings pending in said court shall be taken up and 
proceeded with as if no alteration had been made in the 
time of holding said court. 

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

Approved February 24, 1859. 



In force Febru- AN ACT to repeal a certain act herein named, and to establish the twenty -third 
ary 11, 1859. judicial circuit. 



Act repealed. 



Burea county. 
Ninth circuit. 



Times of hold- 
ing courts. 



Process. 



Twenty-third 
circuit. 



Times of hold- 
in or courts. 



Election for 
judge and 
state's attor- 
ney. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That an act 
entitled "An act to establish the twenty-third judicial circuit, 
and to fix the time for holding courts in the ninth judicial 
circuit," approved February 10, 1857, be and the same is 
hereby repealed. 

§ 2. The county of Bureau shall be attached to and be- 
come a part of the ninth judicial circuit, and the circuit 
court shall be held at the county seats in the counties com- 
posing the said circuit, as follows : In the county of La 
Salle, as now provided by law ; in the county of Bureau, on 
the first Mondays in January, July and October; and that 
all writs and other process which have been issued, returna- 
ble to any term of said circuit courts, or either of them, as 
heretofore fixed by law, shall be deemed and taken as return- 
able to the terms of said circuit courts, as fixed by this 
act ; and all suits shall be tried in the same order and 
disposed of as if no change had been made in the terms of 
holding said courts. 

§ 3. That the counties of Marshall, Woodford and Put- 
nam shall compose the twenty-third judicial circuit, and the 
circuit courts of said counties shall be held at the times fol- 
lowing, to wit: 

In the county of Marshall, on the first Monday of May, 
first Monday of October, and on the fourth. Monday of Jan- 
uary. 

In the county of Woodford, on the fourth Monday of 
May, and fourth Monday in October. 

In the county of Putnam, on the second Monday in March 
and the fourth Monday in October. 

§ 4. There shall be an election held in said circuit, on 
the first Tuesday in April, for the election of a circuit judge 
and state's attorney for said circuit ; which election shall be 
conducted and returns made and canvassed in the same man- 



CIRCUIT COURTS. 57 

ner provided by the constitution and laws of this state. Said 
judge and state's attorney, when so 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 laws, and until their successors shall be 
elected and qualified. 

§ 5. It shall be the duty of the secretary of state to cause Notices of eiec- 
a certified copy of this act to be immediately transmitted to tlon> 
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 said election, which notices shall be posted 
up in the several townshijjs or precincts in said counties, in 
like manner as is provided by law for holding general elec- 
tions, and returns made and canvassed in the same manner. 

§ 6. All writs, subpoenas, recognizances and process, Process, 
which may have been issued out of and made returnable to 
the terms of the circuit courts, as hereinbefore required by 
law, in said counties of Marshall, "Woodford and Putnam, 
shall be deemed and taken to be returnable to said terms of 
the courts, as required to be holden under this act ; and all 
notices which may have been given, either by publication or 
otherwise, with reference to the terms, as hereinbefore 
required to be holden, by force of this act, refer to the terms 
of the court as herein required to be held; and all proceed- 
ings pending in said courts shall be taken up and disposed 
of as if no alteration had been made in the terms of holding 
said courts. 

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

Approved February 11, 1859. 



AN ACT to fix the times of holding circuit courts in the county of Bureau. In force Febru- 

ary 12, 1859. 

Section 1. Be it enacted "by the People of the State of 
Illinois, represented in the General Assembly, That the times 
of holding^e circuit courts for the county of Bureau shall be Times of courts 
as follows, to wit: On the second Monday of March, the 
third Monday of September, and the second Monday of 
December. 

§ 2. All writs, subpoenas, recognizances and other pro- Process. 
cess which may have been or may be issued to the terms of 
the circuit court in said county, as heretofore required to 
be holden, shall be deemed and taken to be returnable to 
said terms of the circuit court in said county, 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 



58 



CIRCUIT COURTS. 



force of this act, refer to the term of the court required to 
be held under this act in said county; and all proceedings 
pending in said court shall be taken up and proceeded with 
as if no alteration had been made in the times for holding 
said courts. 

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

Approved February 12, 1859. 



In force Febru- AN ACT to change [the] times of holding circuit courts 
ary 18, 1859. in the ninth judicial circuit of the state of Illinois, an< 



therein 



in the county of Kendall, 
and to regulate the practice 



Ninth circuit. 



Judgment 
confession 



Practice. 



Process. 



by 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That hereafter 
the circuit courts of the county of Kendall, in the ninth 
judicial circuit of this state, shall be hodden at the county seat 
of said county, at the times following, to wit : 
Times of hold- Spring terms, on the first Wednesdays following the first 
ing courts. Monday of April in each year. Fall terms, on the first 
Monday of September of each year. Winter terms, on the 
second Monday of January in each year. 

§ 2. That judgment by confession may be entered in 
said court at any time in vacation, before the clerk, by filing 
the proper papers with the clerk ; and such judgment shall 
have the same force and effect, from the time of entry, as if 
entered in term time. 

§ 3. That the practice in this court shall be the same in 
all respects as that in the thirteenth judicial circuit of this 
state, as regulated by act of the general assembly, and 
approved February 16th, 1857. 

§ 4. That all writs and process issued out of said courts, 
previous to the passage of this act, returnable on the first 
Monday of April, 1859, shall be held as returnable on the 
day fixed by this act. 

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

Approved February 18, 1859. 



In force Febru- 
ray 16, 1859. 



Tenth circuit. 



AN ACT to fix the time of holding courts in the tenth judicial circuit. 

Section 1. Be it enacted by the People of the state of 
Illinois, represented in the General Assembly, That hereafter 
the circuit courts in the counties composing the tenth judi- 
cial circuit shall be held as follows, to wit : 

In the county of Mercer, on the third Mondays in April 
and first Mondays in September. 



CIRCUIT COURTS. 59 

In the county of Knox, on the third Mondays in Febru- 
ary and the fourth Mondays in September, and the first 
Monday of June, at which term no grand jury shall be 
summoned. 

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

In the county of Henderson, on the second Mondays in 
May and the fourth Mondays in November. 

§ 2. All summonses, subpoenas, writs, notices, declara- Process. 
tions in ejectment, bonds, recognizances, venires and pro- 
cess of every description, made and served for or return- 
able to the terms, as now fixed by law, shall be sufficient for 
the terms in the several counties respectively, occurring 
after the passage of this act, and be treated with like force 
and effect as if the same had been issued [and] made return- 
able 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 Judgments in 
herein fixed, whereby any party shall be prevented from ejectment- 
making a motion to vacate the judgment, and for a new 
trial, under the laws of this state, 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 proceedings shall 
be had therein as if the said motion had been made within 
one year from the rendition of such judgment. 

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

Approved February 16, 1859. 



AN ACT to fix the terms of court in the several counties comprising the eleventh In force Jan ary 
judicial circuit, to regulate practice and to repeal a certain act in relation to the 26 1859. 
court of chancery in Will county. " ' 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there 
shall be held four terms of the circuit court of Will county, Will county. 
annually. The said terms shall be held on the first Mondays 
of October, December and March, and the third Monday of 
May. 

The terms of the circuit court for Grundy county shall be Grundy county 
held on the fourth Monday of October, third Monday of 
February, and first Monday of May, annually. 

The terms of the DuPage county circuit court shall be DuPage county 
held on the second Monday of November, and the third 
Monday of April, annually. 

§ 2. No grand or petit jury shall be summoned for the Juries, 
first week of the regular terms to be held in "Will county, 
unless ordered by the judge, winch may be done in term 
time or vacation. 



60 



CIRCUIT COURTS. 



Specialterms. 



Practice. 



Kules of pro- 
cedure. 



Failure to sum- 
mon juries. 



Process. 



Act repealed. 



§ 3. ISTo grand jury shall be summoned for the Decern- 
ber or May term of the circuit court of Will county or the 
February term in Grundy county, unless ordered by the 
judge, which may be done in term time or vacation. 

§ 4. The judge of said circuit may appoint special terms 
of said courts, whenever he may deem it proper, for common 
law, chancery or criminal business, exclusively, at which 
terms either the grand or petit jury or both may be ordered 
or dispensed with, in the discretion of the judge. 

§ 5. The provisions of an act to regulate the practice in 
the circuit court of Cook county and the Cook county court 
of common pleas, approved February 12, 1853, and of an 
act to change the time of holding courts in the seventh and 
thirteenth judicial circuits and to regulate the practice therein, 
and in the Cook county court of common pleas, approved 
February 14th, 1857, not inconsistent with the provisions of 
this act, shall be applied to and be in force in said eleventh 
circuit, in relation to all suits now pending or hereafter 
brought therein, except sections eight, eleven and eighteen, 
of said first named act : Provided, that no part of said first 
named act shall be in force in the counties of Grundy and 
Du Page, except sections six, seven, fourteen, fifteen, seven- 
teen, and nineteen : Provided, that nothing in this act shall 
be construed as requiring any docket fees whatever to be 
paid by suitors in any of the said courts of Grundy, Du 
Page or Will counties. 

§ 6. The rules of procedure for the first week of each 
regular term in said Will county, as nearly as may be, shall 
be the same as are prescribed in said acts for vacation terms; 
and the rules of procedure for the remainder of each regular 
term in Will county, after said first week, shall be the same, 
as nearly as may be, as are prescribed in said acts for trial 
terms, but process shall only be returnable to the first day 
of the first week of each of said terms. 

§ 7. In case, from any cause, there shall have been a 
failure to summon grand and petit juries, or either of them, 
at any term for which such jury or juries are required by 
law to be summoned, the judge may order the same to be 
summoned forthwith by the sheriff, and the business of the 
court shall proceed in the same way as though said jury or 
juries had been summoned in the ordinary manner. 

§ 8. All process, suits, recognizances and proceedings, 
in any of said courts, which have been or may hereafter be 
set for, continued or made returnable to the terms of said 
court, as heretofore existing, shall be deemed and taken to 
be set for, continued to and made returnable to the terms as 
prescribed by this act. 

§ 9. An act entitled "An act to define the time of hold- 
ing circuit courts in the eleventh judicial circuit," approved 
January 21st, 1852, is hereby repealed. 



CIECTIT COUETS. 61 

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

Approved January 26, 1859. 



AX ACT to explain a certain act therein named. *■ In force Febru- 

* ary 2, 1S59. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in an act 
entitled "An act to fix the terms of court in the several Act repealed ' 
counties comprising the eleventh judicial circuit, to regulate 
practice and to repeal a certain act in relation to the court 
of chancery in Will county," approved January 26th, 1859, 
the words "February 14th, 1857," occurring in the fifth 
section thereof, shall be taken and deemed to mean "January 
11th. 1857." 

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

Approved February 2, 1859. 



AN ACT to change the time of holding courts in the twelfth judicial circuit. In force Febru- 
ary 22, 1359. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the time 
of holding the circuit court in the twelfth judicial circuit Twelfth circuit, 
shall hereafter be as follows, viz : 

In the county of "White, on the Tuesdays before the first Times of hold- 
Mondays in April and September. mg courts ' 

In the county of \Vabash, on the second Mondays in 
April and September. 

In the county of Edwards, on the third Mondays in April 
and September. 

In the county of Wayne, on the fourth Mondays in April 
and September. 

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

In the county of Hamilton, on the second Mondays there- 
after. 

§ 2. All writs, recognizances or other processes which have Process, 
been or may be issued and made returnable to the terms of 
the circuit court in said counties, as heretofore required to 
be holden, shall be deemed and taken to be returnable to 
the said terms, 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 



62 CIRCUIT COURTS. 

to be holden, shall refer to the terms as herein requir 
be held. 

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

Approved February 22, 1859. 



In force Febru- AN ACT to change the time of holding courts in the thirteenth judicial circuit, 
ary 4, 1859. 

Section 1. Be it enacted by the People of the State o 
Illinois, represented in the General Assembly, That hereafter 
the circuit courts shall be held in said counties as follows : 
Times of hold- In the county of Kane, on the third Monday in February, 
ing courts. May and November. 

In the county of Boone, on the second Monday in March 
and September. 

In the county of McHenry, on the third Monday in March, 
October and December. 

In the county of De Kalb, on the first Monday in Febru- 
ary and fourth Monday in September. 
Criminal and § 2 - The February and November terms of the Kane 
civil business, circuit court shall be held for the transaction of civil and 
criminal business ; and all writs, recognizances and other 
process and papers appertaining to criminal business shall 
be made returnable to said term. The May term of said 
Civil business, court shall be held for the transaction of civil business only, 
except in cases as now provided by law. And no rights 
shall be prejudiced by the changes hereby made in the 
Process. terms of said courts, and all process, 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 returnable or continued. 
McHenry, spe- § 3. This act shall not be construed to change or affect 
ciai term. the special term of said court, now called in McHenry county, 
for the month of February, 1859; and no grand jury shall 
be summoned for the December term of said court in 
McHenry county, unless ordered by the judge. 

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

Approved February 4, 1S59. 



In force April AN ACT regulating the terms of the circuit court for the county of Winnebago. 
26, 1859. 

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

Terms of win- Illinois, represented in the General Assembly, That the terms 

court? 00 U of the circuit court for the county of Winnebago shall be 



CIRCUIT COUETS. 63 

liolden on the first Monday in February, the third Monday 
in Jnne and the fourth Monday in September, in each and 
every year, to continue until the business thereof shall be 
disposed of. 

§ 2. One panel of twenty-four petit jurors shall be juries, &c 
summoned for the second Monday, and a like panel for the 
third Monday of each term; and, during the first week of 
each term, chancery business and such common law business 
as does not require the intervention of a jury, shall be dis- 
patched; and that the setting of causes for trial in the sec- 
ond week or any subsequent time in the term shall not pre- 
vent defaults from being taken and parties being required 
to plead to issue during the first week of the term. 

Approved February 24, 1859. 



AN ACT to regulate the practice in the sixteenth judicial circuit, and to change In force Febru- 
the time of holding courts therein. = ary 7, 1859, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the time 
of holding circuit courts of Peoria county, for criminal Times of hold- 
business, shall be on the first Monday of February, the first in s courts - 
Monday in June and the first Monday in October, in each 
and every year; and the times of holding the civil terms of 
the circuit courts in said county of Peoria, shall be on the 
first Monday in March, the first Monday in May, and the 
third Monday in ]N ovember, in each and every year. 

§ 2. That the times of holding the circuit courts in the 
county of Stark shall be on the third Monday in April and 
the third Monday in September, in each and every year. 

§ 3. All writs, subpoenas, recognizances and all other Process, 
process or publication of notice, which may have been or 
may be issued and made returnable 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 said 
terms of the circuit courts in said counties, as herein required. 
to be held ; 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. 

§ 4. At any criminal term of the circuit court of Peoria Naturalization, 
county, it shall be lawful to naturalize foreigners, anything 
in the first section of ''An act to fix the times of holding 
the circuit courts in the sixteenth judicial circuit and to 
regulate the practice therein," approved February 9th, 1855, 
to the contrary notwithstanding. 

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

Approved February 7, 1859. 



64 CIRCUIT COURTS. 

In force Feb. 4, AN' ACT changing the time of holding the circuit courts in the seventeenth 
1859. judicial circuit. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the circuit 
courts in the seventeenth judicial circuit shall be held at the 

T S ae courfr?° ld " ti mes hereinafter mentioned : In the county of Macon, on 
the first Monday of March, on the fourth Monday of July 
and the first Monday of November ; in the county of Moul- 
trie, on the third Mondays of March and September ; in the 
county of Piatt, on the first Mondays thereafter ; in the 
county of Fayette, on the first Mondays thereafter ; in the 
county of Effingham, on the first Mondays thereafter ; in the 
county of Shelby, on the first Mondays thereafter. 

§ 2. All writs, subpoenas and any other process which 

Process. may have been or may be issued and made returnable to the 

terms of courts in the said circuit, as heretofore required to 
be holden, shall be deemed and taken to be returnable to 
said terms of courts, as required to be holden under this act. 
And all notices which may have been given, either of pub- 
lication 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 courts so required to be holden under this act ; 
and proceedings pending in any of said courts shall be taken 
up and disposed of according to law, as if no alteration had 
been made in the time of holding said courts. 

§ 3. Upon the passage of this act, the secretary of state 

Secretary of gkgji immediately thereafter transmit a copy thereof to each 

state to trans- „ ,, , , „ «/ 4 , rtJ 

mit copies, oi the clerks oi said courts. 

§ 4. That in all cases and suits in said circuit, wherein 

^magesinde- defaults may be taken for want of a plea or defence, that the 

judge of said circuit shall be and he hereby is empowered to 

assess the damages claimed and due to the plaintiff, and to 

dispense with the calling of a jury for that purpose. 

§ 5. All acts and parts of acts conflicting with the pro- 
Acts repealed, visions of this act are hereby repealed. This act to take 
effect from and after its passage. 
Approved February 4, 1859. 



In force Feb, AN ACT to establish the times of holding courts in the eighteenth juicial cir» 
12, 1859. cuit. 

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

Plinois, represented in the General Assembly, That hereafter 

the circuit courts in the several counties composing said cir- 

^courts? " cuit shall be held at the usual places of holding courts in 

said counties, as follows ; 



CIRCUIT COURTS. 65 

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 follow- 
ing. 

In the county of Sangamon, on the second Mondays fol- 
lowing, and on the fourth Mondays of August. 

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

§ 2. And he it further enacted. That all writs, subpoenas, process, 
recognizances and other process, which have been or may 
hereafter be issued, returnable to the terms of the circuit 
court in the said counties, as heretofore required to be hold- 
en, shall be deemed and taken to be returnable to the terms 
of the circuit court 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 of 
the circuit court in the said counties, as heretofore required 
to be holden, shall, by force of this act, refer to the terms of 
the circuit court in the said counties, as required to be held 
under this act; and all proceedings now depending in the 
circuit courts of the said counties shall be taken up and pro- 
ceeded with as if no alteration had been made in the times 
of holding said courts. 

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

Approved February 12, 1859. 



AX ACT to change the times of holding courts in the nineteenth judicial circuit In force Febru- 
ary 4, 1S59. 

Sectiox 1. Be it enacted by the People of the State of 
Illinois, represented, in the General Assembly, That circuit 
courts shall be held at the county seats of the several coun- Mnteenth cir- 
ties composing the nineteenth judicial circuit at the times cult * 
following, to wit : 

In the countv of Pulaski, on the second Mondav in April Time of hold- 
and fourth Monday in August. mg courts - 

In the county of Massac, on the second Mondays follow- 
in g. 

In the county of Pope, on the second Mondays following. 

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

In the county of Gallatin, on the second Mondays follow- 
ing, and to continue in session in the last named county in- 
definitely, at the discretion of the judge of said court. 

§ 2. All writs, subpoenas and recognizances and other Process, 
process which may have been or may be issued and made 



66 



CLRCUIT COURTS. 



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 other- 
wise, with reference to the terms, as heretofore required to be 
holden, shall, by force of this act, refer to the terms of the 
courts 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, 
Secretary of § 3. It shall be the duty of the secretary of state, im- 
Sopy. raDS " mediately upon the passage of this act, to cause a certified 
copy of the same to be transmitted to each of the clerks of 
the circuit court of the several counties in said circuit. 

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

Approved Feb. 4, 1859. 



In force Febru- AN ACT to amend an act entitled "An act to establish the twentieth judicial 
ary 12, 1859. circuit in the state of Illino : s, " approved February 7th, 1857. 

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

Times of hold- of the circuit court of the twentieth judicial circuit be and 

mg courts. the same are hereby altered so that hereafter the regular 
terms for the county of Iroquois shall be as follows, to-wit : 
On the third Tuesday in February, on the second Tuesday 
of June and on the third Tuesday in November ; and further, 
that the first regular term created by this act shall be holden 
on the first Tuesday in June, A. D. 1859. And that the 
regular terms for the county of Kankakee, in said circuit, be 
and the same are hereby altered, so that hereafter said terms 
. shall be held on the second Monday of April, on the first 
Monday of September and on the first Monday of January 
of each year. 

Grand jury. § 2, That the grand jury for said county of Iroquois shall 

not be summoned for the regular June and February terms, 
unless specially ordered by the judge of said circuit; nor 
shall the grand jury for said county of Kankakee be sum- 
moned for the April and September terms of said circuit, 
unless specially ordered by the judge of said circuit. 

Process. § 3. That no rights shall [be] prejudiced by the changes 

herein made in the terms of said circuit court, and that all 
process, 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 



CIRCUIT COURTS. 67 

terms herein established, and the same shall be proceeded in 
and have the like force and effect as if so made returnable 
or continued. 

This act to take effect and be in force from andafter its 
passage. 

Approved February 12, 1859. 



AN ACT entitled an act to repeal " An act to extend the jurisdiction of the in force Janu- 
county court of Tazewell county, " approved February 16, 1857, and to change ai y 15 1359. 
the time of holding courts in the twenty-first judicial circuit. 

Section 1. Be it enacted by the Peojrte of the State of 
Illinois represented in the General Assembly, That an act 
entitled an act to extend the jurisdiction of the county court Act repealed 
of Tazewell county, approved February 16, A. D. 1857, be 
and the same is hereby repealed, provided nothing herein 
contained shall operate in any manner to the prejudice of 
the rights acquired by any person or corporation in suits 
pending in said county court under the laws of this state, 
and all such suits shall be immediately transferred to the ^d to SrcSt 
docket of the circuit court of said county of Tazewell and court - 
be there prosecuted to final termination in the same manner 
as though the same had been originally commenced in the 
said circuit court of said county. 

§ 2. The clerk of the county court of said county of Clerk to trans- 
Tazewell shall and he is hereby authorized and required to fer record - 
transfer to the office of the clerk of the circuit court of said 
county all the books, records, processes and papers of every 
kind and character issued out of said comity court, or now 
on the files thereof, by virtue of the act extending the juris- 
diction of said county court, approved February 16, 1857, 
aforesaid ; and the said clerk of the circuit court of Tazewell 
county is hereby authorized and required to receive all of 
said records, books and papers from the said clerk of the 
county court and file and preserve the same among the 
records of his office ; and in all cases he is hereby required, 
when requested by the party to any suit, to issue new pro- New process, 
cesses or executions, alias processes or executions, in all 
cases where said records and papers shall show that the said 
party would by law have been entitled to such process in 
the county court of Tazewell county, if the law aforesaid 
extending the jurisdiction thereof had not been repealed: 
Provided, nothing herein contained shall in any manner Proviso, 
affect the rights acquired by any person or persons or cor- 
poration by virtue of any judgment heretofore obtained be- 
fore said county court or any lien created thereby. 



68 



CIRCUIT COURTS. 



Times of hold 
[ ing courts. 



T dr e cuYt* first § 3 - Tnat tlie terms of the circuit C01irt of the 21st judi- 

cial circuit shall, from and after the passage of this act, be 
holden as follows, to wit: 

In the county of Tazewell, on the first Monday of Feb- 
ruary in each year. 

In the county of Mason, on the first Monday of March in 
each year. 

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

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

In the county of Woodford, on the third Monday of 
April in each year. 

In the county of Tazewell, on the fourth Monday in May 
in each year. 

In the county of Mason, on the fourth Monday in June in 
each year. 

In the county of Tazewell, on the first Monday in Septem- 
ber in each year. 

In the county of Cass, three weeks thereafter. 

In the county of Menard, two weeks thereafter. 

In the county of Mason, two weeks thereafter. 

In the county of "Woodford, two weeks thereafter. 
Process, § 4. That no rights shall be prejudiced by the changes 

hereby made in the terms of said court ; and that all pro- 
cess,- bail-bonds, suits, recognizances, indictments and pro- 
ceedings 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 returnable or continued. 

§ 5. All writs, recognizances and process which may 
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 terms 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 established in said 
counties, shall, by force of this act, refer to the terms of 
court, as herein established ; and all proceedings pending in 
courts of said counties shall be taken up, heard and disposed 
of at the several terms herein established, as if no alteration 
had been made in the times of holding said courts. 
County court § 6. All writs and process which may have been or may 
process. "b e issued, returnable to the county court of Tazewell county, 
as now required to be holden, shall be deemed and taken as 
returnable to the first 'term of the circuit court thereafter, as 
established hereby ; and all notices shall be disposed of as 
is required in section fifth of this act. 

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

Approved January 15, 1859. 



CIRCUIT COURTS. 69 

AN ACT entitled an act to change the time of holding courts in the twenty-first In force Febru* 
judicial circuit. ary 19, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the terms Times of hoid- 
of the twenty-first judicial circuit shall be held as follows, to iQ g coults - 
wit : 

In the county of Tazewell, on the first Mondays of Feb- 
ruary, June and September, of each year ; and in the coun- 
ties of Mason, Cass and Menard, as heretofore provided by 
law. 

§ 2. All acts inconsistent with this act are hereby re- Acts repealed> 
pealed, and this act to take effect from and after its passage. 

Approved February 19, 1859. 



AN" ACT to provide for the times of holding courts in the twenty-second judicial j n f orce Febru- 
circuit, and to regulate practice therein. arv s, 1859. 

Section 1. Be it enacted by the People of the State of . 
Illinois, represented in the General Assembly, That terms of Twenty-second 
the circuit court in the twenty-second judicial circuit shall be circult - 
holden at the respective county seats of the several counties 
composing said circuit, at the times following, to wit : 

In the county of Whiteside, on the third Monday in Jan- Times of hoid- 
uary and the third Monday in May and the second Monday ing courts, 
in October. 

In the county of Lee, on the second Monday in February, 
the first Monday in May and the fourth Monday in Novem- 
ber. 

In the county of Ogle, on the third Monday in March, the 
second Monday in June and the first Monday of November. 

In the county of Carroll, on the first Monday of March 
and the fourth Monday of September. 

§ 2. The said court shall always be open for the disposal Powers in vj*- 
of all matters in chancery, whether interlocutory or final, catl0n - 
and shall possess all the powers in vacation which it could 
exercise in term time, subject to such rules and regulations, 
with respect to the practice, as it may from time to time 
adopt. Provided, That no final decree shall be entered up, Proviso, 
except in term time. 

§ 3. The judge of said court may direct the petit jury for Petit jury. 
any term to be summoned to appear on any day of such 
term which he may think proper; and for any term or terms 
which may continue for more than two weeks, he may 
direct a second petit jury to be summoned, to be in attend- 
ance on the third Monday of each term. 

§ 4. Judgments by confession may be rendered in vaca- Judgment by 
tion in any of the counties of said circuit, on filing with the confession. 



70 



CIRCUIT COURTS. 



Defaults. 



Process. 



Acts repealed. 



clerk of the circuit court in such county a declaration, power 
of attorney duly acknowledged or proved, and a cognovit, 
together with the instrument of writing on which such con- 
fession is made and judgment is entered, shall have the same 
force and effect as it entered in term time. 

§ 5. In all cases where default shall have been taken in 
term time, the court may, in its discretion, without the inter- 
vention of a jury, assess the damages, and execution may 
issue forthwith upon the rendition of judgment. 

§ 6. That all process issued or that may be issued in any 
of the counties composing said circuit, and made returnable 
at any time heretofore fixed by law, shall be returnable on 
the first day of the first terms, as herein above provided for, 
following the passage of this act. 

§ 7. That all acts or parts of acts inconsistent herewith 
be and the same are hereby repealed. 

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

Approved February 8, 1859. 



In force Febru- AN ACT to change the time of holding courts in the twenty-fourth judicial cir- 
aryll, 1859. cuit. 



Twenty-fourth 
circuit. 



Times of hold- 
ing courts. 



Process. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That hereafter 
the circuit courts shall be holden at the respective county 
seats of the counties composing the twenty-fourth judicial 
circuit, at the following tunes : 

In the county of St. Clair, on the second Mondays in 
March and third Mondays in September. 

In the county of Bond, on the third Monday in April and 
first Mondays in September. 

And in the county of Madison, on the first Mondays in 
May and the third Mondays after the third Mondays in Sep- 
tember. 

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

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

Approved February 11, 1859. 



CITY COTJETS. *l\ 

AS ACT entitled an act to establish a City Court in the City of Alton. In force Febru- 

ary 9, 1859. 

Sectiox 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there 
shall be established in the city of Alton an inferior court of ^Swished 11 * 
civil and criminal jurisdiction, which shall be a court of 
record, by the name of the "Alton City Court,'' and shall Xame - 
have concurrent jurisdiction, within the city of Alton, with . . 

the circuit court of Madison county, in all civil and criminal 
cases, except in cases of treason and murder. 

§ 2. The judge of said court shall be elected by the Election of 
qualified voters of said city, and shall be commissioned by Judge ' 
the governor, and shall hold his office for the term of six 
years and until his successor shall be commissioned and 
qualified, and shall possess the same powers as are vested in 
the judges of the circuit court, except as limited in this act. 

§ 3. An election for judge of said court shall be held on Time of elec- 
the first Tuesday in the month of March, A. D. 1859, and tion ' 
every six years thereafter. It shall be the duty ol the clerk 
of the city of Alton to give notice of said election, in some Xotice. 
newspaper published in the city of Alton, at least ten days 
previous to the day of election. 

§4. The common council of the city of Alton shall, by P1 . a ce of eiec- 
ordinance or resolution, designate at what place in said city tion ' 
the said election shall be held, and shall also appoint three 
judges of said election, who shall possess the same powers 
as provided in an ordinance entitled " An ordinance regula- 
ting the mode of holding general and special elections, in the 
city of Alton "; and the ballot-box and poll-book shall be Ballot-box and 
returned to the common council in the manner provided by P 011 " 1300 ^ 
said ordinance, and canvassed in the same manner ; and the 
clerk of the city of Alton, under the seal of the city, shall 
certify to the governor the number of votes received by 
each person for said office; and the person receiving the 
highest number of votes, as shown by the certificate of the 
said clerk, shall be commissioned by the governor as judge 
of said court : Provided, the validity of any such election Proviso, 
or the right of any person declared duly elected may be con- 
tested in the manner prescribed by statute in other cases. 

§ 5. The judge shall be called " the Judge of the Alton St - vle of .i ud g e - 
City Court," and shall receive the same salary, from the salary, 
state treasury, that is paid the respective judges of the cir- 
cuit courts, to be paid in the same manner, and in addition 
thereto he shall receive the sum of not less than five 
hundred dollars, annually, to be paid quarterly out of the 
treasury of the city of Alton. 

§ 6. Said court shall be holden at such place in the city of place of court. 
Alton as shall be provided by the common council of the 
city of Alton, and shall have a seal, to be provided by said Seal. 
city. 



CITY COURTS. 



Oath. 



marriage 
censes. 



Process. 



Clerk of court. § ^- The judge of said court shall appoint a clerk 
thereof, who shall hold his office for the term of four years ; 
and, before entering upon the duties of his office, he shall 
take the same oath that is required to be taken by the clerks 
of the circuit courts, and shall also enter into bond, in a like 
sum as required of them, and he shall have the same power 

Powers and du- and authority, and perform the like duties, be subject to the 

ties - same liabilities, and be entitled to the same fees as are or 

may be provided by law in relation to clerks of the circuit 

courts, and shall be removable from office in like manner as 

clerks of the circuit courts. He shall also have the power 

P ™™:*°„ iss v e t° issue marriage licenses ; and all marriage licenses issued 
1_ by him shall have the same force and effect as though issued 
by the clerk of the county court of Madison county ; and 
all laws applicable to the clerk of the county court, in re- 
gard to marriage licenses, shall apply to the clerk of the 
Alton city court. 

§ 8. The process of said court shall be tested in the 
[name] of the clerk thereof, and shall be issued and ex- 
ecuted in the same manner as process from the circuit court 
of Madison county ; and process out of said court may issue 
against a defendant or defendants, if found in said city of 
Alton, in all cases ; and against a defendant or defendants, 
to the sheriff of the county where said defendant or de- 
fendants may reside, through the state, in cases where the 
plaintiff or plaintiffs reside in the city of Alton and when 
the debt, contract or cause of action accrued in the city of 
Alton, or when the contract may have been specifically 
made payable in the city of Alton ; and in all cases where 
there are more than one defendant, and one of the defend- 
ants resides or may be found in the city of Alton, the 
plaintiff commencing his action in said court may have a 
writ or writs issued, directed to the sheriff of any county or 
counties where the other defendant or defendants, or any or 
either of them, may be found ; and all Criminal process shall 
run through the state as criminal process issued out of the 
circuit court. 

§ 9. All orders, judgments and decrees of said court 
shall be a lien upon real estate in the city of Alton, from 
the rendition thereof, and shall be enforced and collected in 
the same manner as orders, judgments and decrees rendered 
and in the circuit courts. And appeals and writs of error from 
writs of error, the orders, judgments and decrees of said court may be 
taken to the supreme court, and shall be had in the same 
cases and taken and conducted in the same manner as is 
provided by the laws of this state for the taking of appeals 
and writs of error from the circuit courts : Provided, that 
the judge of said court shall have full power to establish all 
such rules of practice, at law or in equity, as he may think 
necessary to expedite the business of said court ; which rules 



Lien. 



Appeals 



Proviso. 



CITY COUTtTS. 



of practice shall be binding and obligatory upon the parties 
to suits in said court from the time they shall be entered of 
record. 

§ 10. That in all cases in said court of judgments by default, Defaults, 
in actions ex contractu, the court ma} T , without the interven- 
tion of a jury, assess the damages ; and in all cases execution 
ma} 7 issue forthwith upon the rendition of judgments : Pro- Proviso. 
moled, the plaintiff in execution shall first nle an affidavit of 
himself or some credible person that the benefit of his judg- 
ment will be in danger of being lost, unless execution issue 
forthwith ; and all executions issued out of said court shall 
have the same hen within the city of Alton, upon personal 
property, of the defendant or defendants, from the time they 
shall be delivered to 'the sheriff or other officer, to be ex- 
ecuted as though issued out of the circuit court. " 

§ 11. That judgments by confession may be entered in Judgments by 
said court at any time in vacation, before the clerk, by filing conefeSlon - 
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. 

§ 12. That said court shall always be open for the dis- Matters in 
posal of all matters in chancery, whether interlocutory or cliaDCei " v *° 
final, and shall possess all the power in vacation which it 
could exercise in term time, subject to such rules and regu- 
lations, with respect to the practice, as said court may from 
time to time adopt: And provided, further, that no final 
decree shall be entered up, unless when specially authorized 
by statute, except at a vacation or regular term of said 
court. 

§ 13. The judge of said court shall hold two terms of Terms of court, 
said court in each year, commencing on the second Monday 
of April and September, and shall continue each term until 
all the business before the same is disposed of. The said 
judge shall have power to appoint special terms of said special tern- 
court, at such times as he may think proper, upon giving 
twenty days' notice thereof in some newspaper published in 
said city ; and all orders, judgments and decrees and pro- 
ceedings, made or had at such special terms, shall be as 
valid and effectual as it made or had at a regular term of 
said court ; and suits may be instituted and process made 
returnable to said special term in the same manner and with 
like effect as at a regular term of said cuort; and he shall 
have the power, upon entering the proper order of record in 
said court, during any term thereof, to fix any number of 
days or times at which he will hear, at his chambers, general 
and special motions, arguments of demurrers, and argu- 
ments upon agreed cases, and for the making up of issues, 
and for the making of orders thereupon, and for the making 
of all such interlocutory orders as may be necessary to ex- 
pedite the proceeding in any cause; and the said court shall 
always be considered open for hearing all matters and appli- 
—6 



74 



CITY COURTS 






Recognizances. 



Appeals and 
writs of certi- 



Changes of 
venue. 



Proviso. 



Sheriff. 



Fees. 



Deputies. 



Prosecuting at- 
torney. 



Grand and pet- 
it jurors. 



cation on the chancery side thereof, and the granting of all 
such orders as may be required or necessary in the practice 
of said court. 

§11. All recognizances, except in cases of treason and 
murder, taken before any judge, justice or magistrate resid- 
ing in said city, in criminal cases, and when the offence shall 
be committed in the city of Alton, shall be made returnable 
to said court, and it shall be the duty of the officers taking 
the same to return all the papers in such criminal cases to 
the said court ; and all lines, penalties and forfeitures had or 
taken in any proceeding in said court, shall inure to the 
beneht of said city, and shall, when collected, be paid into 
the city treasury. 

§ 15. All appeals and writs- of certiorari from the deci- 
sions of justices of the peace or other magistrates within 
said city, may be taken to said city court of Alton, and there 
be heard and determined as like cases in the circuit court, 

§ 16. Change of venue in all cases may be taken from 
said court to the circuit court of Madison county, for the 
same causes and in the same manner as changes of venue 
are now by law allowed from the circuit courts; and when 
the petition shall allege that the inhabitants of Madison 
county are prejudiced against the petitioner, the change of 
venue shall be to the circuit court of some adjoining county 
where the causes of complaint do not exist : Provided, 
That if the judge of said court shall not be satisfied that 
said petition is true, the court may require the petition to be 
verified by the oath of some credible person, other than the 
party applying for such change of venue, and may require 
the reasons for the belief of the petitioner to be stated in 
the petition. 

§ 17. The sheriff of the county of Madison shall per- 
form the same duties, and have the same powers, and be 
liable to the same penalties in the said court as in the cir- 
cuit courts, and shall be entitled to the like fees and com- 
pensation that now are or hereafter may be allowed for sim- 
ilar services in the circuit courts of this state, to be received, 
collected and paid in like manner as such fees now are or 
hereafter may be ; and the sheriff of Madison county shall 
be required to appoint one or more deputies, who shall re- 
side within the corporate limits of said city. 

§ 18. The city attorney of the city of Alton shall be the 
prosecuting attorney of said court,, whose powers, duties, 
fees and salary shall be the same as now provided bylaw, or 
shall hereafter be provided, in relation to prosecuting attor- 
nies of the state, and be paid out of the state treasury in the 
same manner. 

§ 19. The grand and petit jurors of said court shall be 
selected from the qualified inhabitants of the said city of 
Alton, by the common council thereof, in the same manner 
that jurors are selected by the county court, at least fifteen 



CITY COTItTS. To 

days before the sitting of the court ; and the clerk of the 
city of Alton shall, within five days thereafter, certify to the 
clerk of said court a list, respectively, of the grand and petit 
jurors, whose duty it shall be at once to issue and deliver to 
the sheriff of Madison county a summons, as provided for 
jurors in the circuit courts, which jurors shall possess the 
same qualifications, and shall be liable to the same penalties 
and punishments, and have the benefit of the same excuses 
and exceptions as are imposed and allowed by the laws of 
this state to jurors in the circuit courts ; shall take the same 
oaths, possess the same powers, and be governed in all their 
proceedings in the same manner as is prescribed, allowed 
and imposed in the case of jurors in the circuit courts : Pro- Proviso. 
vided, That the inhabitants of said city shall not be required 
to act as grand or petit jurors in the circuit court of Madison 
county : And provided, further, That the city of Alton shall 
be exempt from paying any part of the expenses of the cir- 
cuit court of Madison county, from and after the first Mon- 
day of June, A. D. 1859. 

§ 20. The jurors of said court shall receive, out of the Fees of jurors, 
city treasury, the same compensation that is allowed to the 
jurors of the circuit court, to be paid upon the certificate of 
the clerk of said court. 

§ 21. The judge of said court may interchange with the Judge may in- 
judge of any circuit court in this state, with the same rights, terchan g e - 
duties and powers as are or may be conferred upon judges 
of the circuit courts of this state in like cases. 

§ 22. In all cases in said court, where, by the laws of this 
state, offenders may be sentenced to the county jail, the said 
judge shall sentence such offenders to the city jail of the city city jail. 
of Alton; and all persons who may be committed by the 
magistrates or other officers of the city of Alton, for offenses 
committed in said city, shall be committed to said city jail, 
except in, cases of treason; and the common council of the 
city of Alton shall provide for the support and maintenance 
of said city jail. 

§ 23. Any vacancy in the office of judge of said Vacancy, 
comt may be filled by election at such times and place as 
may be appointed by the common council of said city ; and 
the person elected to fill such vacancy, shall hold his office 
until the next regular election for such offices, as provided by 
this act. 

§ 21. That all docket and jury fees provided by law to Docket and ji- 
be paid in cases ensuing in the circuit court shall be paid in ry fees - •• 
all suits ensuing in said court, to the clerk thereof; and all 
persons instituting suits in said court, except by appeal, and 
persons in whose favor judgments shall be entered by con- 
fession, shall, before the filing of any papers or the issuing 
of process, pay to the clerk of said court the sum of two dol- 
lars, as appearance fee, which shall be paid by the clerk into 
the city treasury immediately after the adjournment of each 



76 CITT DOUBTS. 

term of court ; which sum of two dollars shall be taxed by 
the clerk, in the bill of costs, to the unsuccessful party. All 

Expenses. expenses attending said court shall be paid by the city of 
Alton, except as otherwise provided by this act. 

Repeah § 25. This act shall not be so construed as to repeal, by 

implication or otherwise, or in any manner affect the exist- 
ing jurisdiction of any inferior local court heretofore estab- 
lished under the provisions of the constitution and laws of 
this state ; and the act entitled "An act to give a uniform 
organization and jurisdiction [to inferior courts of local ju- 
risdiction [in the cities in this state," approved February 10, 
1857, shall be made a part of this act as fully as if the same 
had been incorporated herein. 

§ 26. This act is declared to be a public act, and shall 
take effect and be in force from and after its passage. 
Approved February 9, 1859. 



4 

In force Febru- AS ACT to amend an act entitled "An act to incorporate the City of Aurora and 
ary 14, 1859. to establish an Inferior Court therein, "approved February 11th, 1857, and also, 
an act entitled "An act to establish a Court of Common Pleas in the City of 
Elgin," approved February 16th, 1857. 

Secttox 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the acts 
Acts amended, in the title of this act mentioned be so amended that one 
judge shall hold each of said courts, and have ail the pow- 
ers and perform all the duties prescribed in each of said acts 
to which this is an amendment, as therein provided for the 
judge of the respective courts. 

Election. § 2. That an election shall be held in the cities of Au- 

rora and Elgin, on the fourth Monday of February, A. D. 
1859, by the" qualified electors of each of said cities, for the 
election of such judge of said courts. Said election shall 
be conducted in the same manner that the city election of 
ation of said cities, respectively, are conducted ; the qualification of 
voters shall be the same; and the returns shall be made to 
the city clerk of the respective cities ; and the mayors and 
city clerks of said cities, or a majority of them, shall consti- 
tut'e aboard of canvassers, and shall meet at the city clerk's 

vaisers. Can " office, in the city of Aurora, within one week afrer said elec- 
tion, and proceed to canvass said votes; and the person 
having the highest number of votes shall be declared elected 

To certify re- judge of said courts* And said canvassers shall certify said 
returns to the secretary of state, under the seal of said cities, 
or either of them; and said judge shall be commissioned by 
the governor. ISTo person, except a ] luly licensed to 

Eligibility. practice in the courts of record of this state, and who shall 
have attained the age of thirty years and not exceeding sixty 



City courts. 77 

years, been live years a resident of the state of Illinois, 
and, at the time of his election, a resident of the county of 
Kane, shall be eligible to said office. The person elected 
shall hold his office for four years, and until his succes- Term of office, 
sor is elected and qualified ; shall receive a salary of one 
thousand dollars per annum, payable quarterly, out of the Salary. 
state treasury, and, in addition thereto, shall receive the 
fees now provided in the acts to which this is an amend- Fees, 
ment : and the said judge, in all business appertaining to 
the court of common pleas of the city of Aurora, shall be 
known as the judge of the court of common pleas of the St 3' le * 
city of Aurora, and in all business appertaining to the court 
of common pleas of the city of Elgin, shall be known as the 
judge of the court of common pleas of the city of Elgin; 
and, before entering upon the duties of his office, shall take 
and subscribe an oath to perform the duties of judge of the 0atbs 
court of common pleas of the city of Aurora, which shall 
be filed with the city clerk of said city of Aurora, and, also, 
an oath to perform the duties of judge of the court of com- 
mon pleas of the city of Elgin, which shall be filed with the 
city clerk of said city of Elgin. And on the fourth Mon- 
day of February, every four years after said first election, 
an election shall be held for a judge of said courts ; which ^fj^ lar elec ~ 
shall be conducted in the same manner as the first election 
provided for in this act : Provided, that if, for any cause, an Proviso, 
election shall not be held at the time herein specified, or in 
case of no choice in the election, then an election shall be 
called and held in the same manner provided for in case of 
vacancy, as specified in this act. 

§ 3. The said judge shall have power to appoint, in each Masterinchan- 
of said cities, a master in chancery, for the court of such city, cery " 
who shall hold his office for the term of two years, and, be- 
fore entering upon the duties of his office, shall give bonds, 
to be approved by such court, and shall take the same oath, 
have the same power, and perform the same duties, in their 
respective cities, as masters in chancery appointed by the cir- 
cuit courts of this state do in their respective counties ; and 
for his services shall receive such compensation as shall be 
allowed by law, or allowed by said courts, to be taxed as 
other costs. 

§ 4. The staters attorney of the judicial circuit to which State's atu-r- 
the county of Kane shall be attached shall be the state's 
attorney of each of said courts, and shall have all the rights, 
powers, and perform all the duties in said courts as apper- 
tain to his office as state's attorney of the circuit court. And 
the judge of said courts .shall have power to appoint a state's 
attorn ey 2>ro tern, for any of the causes that the circuit court 
or the judge thereof may appoint. 

§ 5. There shall be three terms of court held each year Terms of court 
in each of said cities : In the city of Aurora, on the second 
Mondays of March, June and December, and in the city of 



CITY COrRTS. 



Special terms. 



Vacancy. 



Practice. 



Elgin, on the second Mondays of April, September # and 
January ; each of which terms shall be continued until all 
business shall be disposed of. Special terms of each of said 
courts may be held in the manner provided in the respective 
acts to which this is an amendment. 

§ 6. In case of a vacancy, by death, removal, resigna- 
tion, or otherwise, in the office of judge, immediately upon 
the fact becoming known, it shall be the duty of the clerks 
of said courts to fix upon a time, within four weeks thereaf- 
ter, for a new election of judge, and to give notice thereof, 
in their respective cities, at least ten days before said elec- 
tion, in a public newspaper in such city, or by posting up 
notices thereof in at least three public places in such city, 
for the same time ; which election shall, in all respects, be 
conducted in the same manner as the election provided for 
in section 2 of this act. 

§ T That the act entitled "An act to regulate the prac- 
tice in the thirteenth judicial circuit," approved February 
16th, 1857, shall apply to said courts; and suits may be com' 
menced and judgments recovered in said courts, of all mat- 
ters within their jurisdiction, as is prescribed in said act for 
the circuit court in said circuit. 
Circuit clerk of § 8. The clerk of the circuit court of Kane county shall 
Kane county provide and keep in his office a well bound book or books, 
£ P dSt for entering therein an alphabetical docket of all judgments 
and decrees rendered in said courts, as is now required by 
law for docketing judgments rendered in the circuit court, 
together with a column for specifying the court in which the 
same was rendered, and shall forthwith, upon the receipt of 
any certificate, as hereinafter mentioned, file the same and 
enter the statement or transcript from the judgment docket 
of such court upon the docket aforesaid, together with the 
name of the court in which the judgment and the hour, clay 
of the month, and year of riling of said certificate. It shall 
be the duty of the clerks of said courts, respectively, upon 
application of the party in whose favor a judgment or de- 
cree shall have been rendered in such court, his agent or 
Clerks to make attorney, to make out a transcript from the judgment docket 
transcripts. j n his office of such judgment or decree, and certify under 
his seal of office, the same to be a correct statement from his 
Judgment to docket of such judgment. Any judgment rendered in either 

on C the e fiuT ° f Sai(1 courts SQaU n0t ^ e a lieiL n P 011 ^ real estate in Sai(i 

?r n anscript mg county of Kane until the filing of said certified transcript 
aforesaid in the office of said clerk of the circuit court, as 
above provided ; and upon the filing of said certified trans- 
cript of any judgment or decree as above . provided, by the 
clerk of the circuit court, such judgment or decree shall im- 
mediately become a lien upon all real estate in the county 
of Kane,^ in the same manner and to the same extent and 
like effect as judgments and decrees in the circuit court of 

Proviso. said county now are : FrovicUd^ that all judgments and de- 



CITY COURTS. 79 

'crees rendered at any term of eitlier of said courts, a certi- 
fied transcript whereof shall !>e tiled as aforesaid within five 
days after the adjournment of such court, shall have no prefer- 
ence or priority of lien over each other: And provided fur- Proviso, 
ther, that all judgments entered in vacation, in either of said 
courts, shall be Kens upon all real estate in said county from 
the time of filing such certified transcript as aforesaid. In 
addition to the fees now allowed by law, the clerks of said 
courts shall be entitled to charge and receive the sum of fifty 
cents for each certified transcript, as aforesaid, and the clerk 
of said circuit court shall be entitled to charge and receive 
the sum of fifty cents, to be taxed and collected as part of Clerk's fees, 
the costs of suit: And provided further, that any execution Proviso, 
or attachment issued out of either of said courts and levied 
upon any real estate in said county shall be a lien upon such 
real estate from the time of fifing a certificate thereof, in the 
manner provided in section 25, chapter LVII, Revised Stat- 
utes of 1845, in relation to judgments and executions. 

§ 9. That the present judges of said courts shall hold Present judges 
their respective offices and perform the duties now required 
of them until the election and qualification of judge under 
this amendatory act ; and upon the election and qualification 
of such judge the tenure of office of said judges, under the 
acts to which this is an amendment, shall expire. 

§ 10. All writs, subpoenas, recognizances and other pro- Process. 
cess, which have been or may be issued out of and made 
returnable to the terms of the respective courts, as hereto- 
fore required by law, shall be deemed and taken returnable 
to the said terms of the courts, as required to be holden un- 
der this act ; and all notices which may have been given, 
either by publication or otherwise, with reference to the 
terms heretofore required to be holden, shall, by force of 
this act, refer to the term of the courts, as herein required 
to be holden; 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 courts. 

§ 11. There shall be charged and collected, as other Jury fee, 
costs, in each suit in said courts, a jury fee of three dollars, 
which shall be paid into the respective city treasuries as a 
jury fund. And hereafter compensation to jurors shall be 
paid as follows X For jury attending the trial of civil cases, 
out of the city treasuries respectively; and for criminal 
cases, oiit of the county treasury ; and all fines and forfeit- 
ures collected in said courts, respectively, shall be paid into 
the county treasury, except for the violation of city ordi- 
nances. 

§. 12. Be it further enacted, That the provisions of an act Act continued 
entitled "An act to give uniform organization and jurisdic- m force - 
tion to inferior courts of local jurisdiction in this state," ap- 
proved February 10th, 1857, be and the same are hereby 
declared to be re-enacted and in full force as a part of this act. 



SO CITY COURT'S; 

Acts modified. § 13. That all and every part of said acts to which this 
is an amendment shall he and remain in full force, validity 
and effect, except those parts which are in conflict or incon- 
sistent herewith, and those are so far modified as to he con- 
sistent with this act, 

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

Approved February 14, 1S59, 



■a force Febri- AN ACT to amend an act entitled "An act to establish the Conrt of Common 
ary 14, 1859. Pleas of the City of Cairo." 

Section 1. Be it enacted by the People of the State of 
Illinois, rex/resented in the General Assembly, That the court 
Addition'ipow- of common pleas of the city of Cairo, as the same was 
ers - established and organized by virtue of the provisions of an 

act entitled "An act to establish the court of common pleas 
of the city of Cairo," approved February Gth, 1855, shall, 
in addition to the powers and jurisdiction conferred or 
intended to be conferred upon the same by said act, have 
and possess, within the city of Cairo, as the same now exists 
or hereafter may be extended, equal and concurrent powers 
and jurisdiction with the circuit courts of this state, as they 
how or may hereafter exist, except in cases of treason and 
murder; and the rules of practice, pleadings, and all other 
proceedings therein, as well as the presumptions of law 
relative thereto, shall be the same in every respect as are or 
may be those established by the laws and decisions of the 
supreme court of this state relative to or concerning the 
circuit courts of this state, 
Additi'n'i pow- § 2. Be it further enacted, That the judge ef the said 
ers of judge. cour t f common pleas, heretofore appointed, commissioned 
and qualified, under and by virtue of the provisions of the 
said act of the general assembly, approved February 6th, 
1855, as aforesaid, and his successors in office,- in addition 
to the powers and jurisdiction conferred or intended to be 
conferred on them by said act, shall have and possess, in 
•term time and in vacation, all such powers, authority and 
rights, except in cases above excepted, as are or hereafter 
may be by law vested in or conferred upon the judges of 
the circuit courts of this state: and in the exercise and 
enjoyment thereof shall be subject to the same rules and 
limitations as are or may be enacted for or with reference 
to the judges of the circuit courts aforesaid. 
Judge may in- § 3. Be it further enacted, That said judge of said court of 
circmT^udges 1 common pleas, and his successors in office, may, by agree- 
ment with any circuit judge of this state,; interchange duties,- 
and hold in each other's place^ respectively^ their respective 



CITY COURTS, 81 

courts, or any circuit judge of this state may, upon request 
of the judge of the court of common pleas aforesaid, preside 
in and hold the court of common pleas aforesaid, during 
any term or part of term, as he may consent, and whilst 
sitting in said court the said circuit judge shall be limited 
in his power only by the exceptions above in this act men- 
tioned. In like manner the judge of the court of common 
pleas aforesaid, and his successor, may, by mutual arrange- 
ment with any circuit court judge, hold and preside in the 
circuit courts of this state, and whilst so presiding shall 
have and exercise in said circuit courts all the powers of a 
circuit judge. 

§ 4. Be it further enacted^ That the state's attorney for Additi'n'ipow- 
the said court, of common pleas heretofore appointed $ com- 2torev states 
missioned and qualified, under and by virtue of the act 
approved February 6th,- 1855, as aforesaid, and his succes- 
sors in office, in addition to the powers and duties conferred 
or intended to be conferred by that act, shall have and 
possess the powers and perform all the duties within said 
city as the same now exists or hereafter may be extended, 
as are by the laws of this state incumbent upon the several 
state's attorneys of the several circuit courts of this state, 
and, in all respects, be upon an equal footing with the said 
circuit attorneys, and may interchange duties with them in Change dSies" 
like manner as they may with each other. 

§ 5. Be it further enacted, That the clerk of said court, Clerk, 
now in office, or hereafter to be appointed, shall give bond, 
and in all respects perform the same duties, in the same 
manner, and be liable to the same extent as the clerks of 
the circuit court of this state ; and for his services shall be 
entitled to the same fees [as are now] or may hereafter be 
established for like services done by clerks of the circuit 
court; and the tenure of said office shall be during the 
pleasure of the judge of said court of common pleas; 

§ 6. Be it further enacted, That the marshal of the city Marshal 
of Cairo, for the time being, shall perform all such duties 
of, in and for said court of common pleas within said city 
as are now or may hereafter be by law performed by the 
sheriffs of the several counties of this state in and for the 
circuit courts; and, before entering upon the duties of his 
office for said court, he shall execute bond and qualify iri 
the same manner as sheriffs of counties do, and receive fees 
in like manner as the sheriffs of the counties of this state^ 
and may, in like manner as sheriffs, appoint a deputy: 
Provided, that the certificate of the deputy's appointment Proviso; 
and qualification shall be filed with the clerk of the court of 
common pleas and recorded by him on the records of said 
court. 

§ 7. Be it further enacted, That if, in any case, there Vacancy in the 
shall hereafter be a vacancy in the office of marshal for ° J^ e & ° c f mar ' 
eaid city, or if^ in any case, the said marshal shall neglect or 



■ - 



CITY COURTS. 



refuse to perform any duty in connection with or relating t& 
said court, the sheriff of Alexander county, by himself or 
deputy, upon application of the party interested to him, 
shall be and is hereby required to perform the same, subject 
to all such penalties and liabilities, in case of his failure or 
neglect, in any respect, as if like services or duties had 
been required of and neglected by him in and for the circuit 
court; and whenever any process shall come to his hands, 
or possession,^ to be executed, lie shall execute and make 
return thereof to the said court, in like manner as he is or 
may be by law required to do for the circuit court; or the 
judge of said court of common pleas may, in term time or 
vacation, in case said marshal neglect or refuse to perform 
any duty, make an order requiring^ the sheriff of said county 
to act as aforesaid, in and for said court, and, upon the same 
being delivered to or served on said sheriff, he shall, in all 
respects, by himself or deputy, conform thereto, so far as 
the exigencies of said court and order of said judge may 
require him so to do; and, for his services performed under 
this provision, said sheriff shall be entitled to fees, the same 
as if like services has been rendered for the circuit court, to 
be collected and paid in like manner. 

§ 8. Be it further enacted, That the processes of said 
court shall issue under the seal thereof, and be tested in the 
name of the clerk and returned in like manner as similar pro- 
cesses emanating from the circuit courts. Said process shall 
be directed to the officer authorized by law to execute the 
same, and with respect to all matters, suits, prosecutions and 
proceedings, in said city shall run, be executed and returned 
with like effect as other similar processes issued by local 
inferior courts within the cities of this state do now or here- 
after may, by virtue of the laws of this state. 

§ 9. Be it farther enacted, That whenever the judge of 
said^court shall deem it for the public good, or whenever 
the interests, of suitors in said court make it necessary, he 
mav, either in term time or vacation, appoint a bailiff or 
bailiffs, who shall, for the time being, discharge the duties 
of marshal or sheriff of said court: Provided, however, that 
no bailiff shall be appointed to act for a longer period than 
three months ; and the same shall be specified in the order 
of appointment: And provided, further, that any bailiff, so 
appointed, shall qualify and give bond in the same manner 
as sheriffs are required by law to do. 

§ 10. All judgments, decrees and orders of said court, 
lawfully made, shall have the same force and effect and 
within said city shall operate as a lien in all such cases and 
to the same extent as similar judgments, decrees and orders 
of the circuit courts do within the counties where rendered. 
And any party to any of said judgments, decrees or orders, 
shall have the right to acquire liens on the property of judg- 
ment debtors situated out of the limits of said city in the 



CITY COURTS. 83 

same manner as such liens may be acquired under and by 
virtue of similar orders, judgments and decrees of the circuit 
court, where property is out of the county in which the 
same is rendered. 

§ 11. Be it further enacted, That in all criminal cases, imprisonment, 
where the defendant shall be convicted in said court of 
common pleas of any offense punishable by law with fine 
and imprisonment in the county jail, or imprisonment only, 
it shall be lawful for the defendant to be sentenced by said 
court to imprisonment in the city prison or jail of the city 
of Cairo, in like manner as the circuit court could for simi- 
lar offence sentence defendants to imprisonment in the 
county jail, and whilst so imprisoned, shall be subject to the 
ordinances of the city of Cairo. 

§ 12. Be it further enacted, That in case any vacancy Vacancies:, 
shall happen in the office of judge or state's attorney of said 
court of common pleas, by the resignation, death, or any 
other cause, of the present judge and state's attorney, or 
their successors in office, the same shall be filled by the legal 
voters of said city of Cairo, as it now exists or may hereafter 
be extended, at an election, to be held for that purpose, to 
be called in the same manner as in the case of vacancies in 
the office of judge of the circuit courts of this state. 

§ 13. Be it further enacted, That all the parts of the Acts repealed 
act to which this is an amendment, which are inconsistent 
with the provisions of this act, be and the same are hereby 
repealed; and all parts of said act, not inconsistent herewith, 
are hereby re-enacted and continued in full force and effect. 

| 11. Be it further enacted, That all fines assessed in Fines. 
the court of common pleas of the city of Cairo shall be 
collected by the proper officers of said court and paid over 
to the city authorities of said city in the same manner as 
fines assessed by the circuit court are now by law collected 
and paid to the county authorities, and the same may be 
used and appropriated by said city as other revenues are. 

§ 15. Be it further \ enacted, That this act shall be in Act in force. 
force from and after its passage, and shall not be construed 
to affect or in any manner repeal any acts or parts of acts 
relative to any other court in this state, nor shall this act or 
any part thereof be repealed by implication. 

| 16. Be it farther enacted, That the provisions of an Acts continued 
act entitled "An act to give uniform organization and 
jurisdiction to inferior courts of local jurisdiction in this 
state," approved February 10th, 1857, be and the same are 
hereby declared to be re-enacted and in full force as a part 
of this act. 

§ 17. Be it further enacted, That in all cases of forcible Forcible entry 
entry and detainer or of forcible detainer brought within aud detainer ' 
said city of Cairo, either party appealing may, as he may 
prefer, appeal to the circuit court of Alexander county or to 
the said court of common pleas. 

Appeoved February 11, 1859. 



34 CrNTY COTJETS. 

In force Febru- AN ACT to amend an act entitled "An act to establish the Cook County Court/' 
ary 21, 1859. approved February 21st, A. D. 1845, and for other purposes. 

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

Additional ju- known as the Cook county court of common pleas is hereby 

risdiction. continued, with all its powers, jurisdiction and authority, and 

with the additional jurisdiction conferred by this act. It 

shall be composed of three justices, and shall be hereafter 

style. known as the "Superior Court of Chicago." The present 

judge of said Cook county court of common pleas shall, 
during the time for which he was elected, be one of the 
judges of said court* 

Election of § 2 - That on tne ^ rst Tuesday of April, A. D. 1859, an 
judges. election shall be held in Cook county, at which election there 

shall be chosen .two judges of the said superior court, who 
shall severally hold their offices for the length of time herein 
provided, to wit: the person having the greatest number of 
votes at said election for judge shall hold his office for six 

Term of office, J ears ? an d the person having the next highest number of 
votes shall hold his office for four years, and until his suc- 
cessor is elected and qualified. That on the first Tuesday of 
April, A. D, 1861, and every two years thereafter, there 
shall be elected one judge of said court, who shall hold his 
office for the term of six years, and until his successor shall 
be elected and qualified ; and all vacancies in the office of 
judge of said court shall be filled as now provided by law. 

Election of § 3. There shall also be elected, at the same time and 

clerks. place, and in the same manner, two additional clerks of said 

court, who shall be styled deputy clerks, and who shall each 
hold their office for the length of time herein provided, to 
wit : the person having the greatest number of votes at said 
election for deputy clerk of said court shall hold his office 

Term of office. f° r s ^ x y eai 'S; and the person having next to the highest 
number of votes shall hold his office for four years. That 
on the first Tuesday of April, A; D. 1861, and every two 
years thereafter, there shall be elected one clerk or deputy 
clerk^ who shall hold his office for the term of six years, and 
until his successor shall be elected and qualified ; all vacan- 
cies to be filled as now provided by law. The said deputy 
clerks shall, with the present clerk, do and perform all the 

Duties. duties now performed by the present clerk, and shall each 

of them, as near as may be performed, perform an equal 
share of the clerical duties to be performed in said courtj 
and shall each j>ay an equal proportion of the necessary ex- 
penses of any and all additional clerk hire or other necessa- 
ry expenses, and the fees now provided by law to be paid to 
the clerk of said court shall be equally divided between the 
present clerk and the two deputy clerks elected under the 

Tr>cess; provisions of this act All process, records and proceedings 

shall be tested in the name of the chief clerk and his succes- 



CITY COURTS, _ 85 

sor iii office. Said court may give directions as to the divi- 
sion of the labors and duties of said clerks, and may require 
the performance of such duties. 

§ 1. The said election shall be conducted and the returns Returns, 
thereof made in all respects as now provided by law for the 
election of judge and clerk of said court of common pleas, 
and the judges who shall be duly elected shall be commis- 
sioned by the governor, 

§ 5. Before entering upon the duties of the their respec- Oath. 
tive offices, the persons so chosen shall take the usual oath 
of office before the clerk of said court. 

§ 6, There shall be paid to each of said additional judges, Salaries, 
out of the state treasury, the same salary that is paid to the 
present judge of said court; and the fees to which the pre- 
sent judge of said court, from and after April 1st, 1859, may 
be entitled by law, and all docket fees shall be paid into the 
hands of the treasurer of the county of Cook at the end of 
each quarter : And it is further provided, that the clerk of 
the circuit court of Cook county shall pay over to the trea- 
surer of Cook county all judge's fees and docket fees received e es. 
or collected by him at the end of each and every quarter, 
commencing on the first day of April, A. D. 1859'; allot' 
which fees shall be held by the said treasurer as a separate 
fund for the payment of the judges, and shall be divided by 
the said treasurer equally between the judge of the circuit 
court and the three judges of the superior court, giving to 
each of said judges one fourth part of said fees at the end 
of every quarter. 

§ 7. All the powers now vested in the present judge of Powers, 
said Cook county court of common pleas, by virtue of the 
laws of this state, relative to any legal or equitable proceed- 
ings, are hereby also given to each of the additional judges ; 
and any proceedings commenced by one of said judges may 
in his absence be continued, decided or perfected by either 
of the said judges; either of said judges shall have the same 
power to hold the said court, or either branch thereof that 
the present judge now has by law. 

* § 8. The said court shall be held in the court house in p . lace of hold, 
the city ot Chicago, or at such other convenient place in the 1Dg cour ' 
said city as the board of supervisors of Cook comity or the 
city council of Chicago shall provide; and the different 
judges of said court may hold one or more courts at the 
same time at different places, provided that it shall be the 
duty of at least one of said judges to attend daily at all rea- 
sonable hours in the judge's chambers for the dispatch of 
chamber busi iiess. 

§ 9. Said court shall be held on the first Monday of T £™ 

and the terms thereof shall respectively be 

called after the different months in which they are held, and 

said e : be continued and held from the time of its 

commencement, every day, Sundays, excepted, until and 



S6 CITY COURTS. 

including the last Saturday of the same month, and longer, 
if necessary, to complete the trial of any cause then on trial. 
The judges of said court, or a- majority of them, may ad- 
journ the same on any day previous to the expiration of the 
term for which the same may be held, and also from any one 
day in term over to any other day in the same term, if in 
their opinion the business of the court will admit thereof. 

Powers. § 10. Each of said judges may exercise all the powers and 

authority incident to their offices at chambers touching any 
suit, judgment or proceeding in said court in as full manner 
as the present judge now can by law. 

May hold § 11. Either of said judges of said court may hold the 
courts in dif- same for the trial of causes at law or in chancery, and one 
' or more of them may hold court at the same time in differ- 
ent places, as the judges of said court may direct; but all 
cases and points reserved at trials, bills of exception and de- 
murrers to evidence, motions in arrest of judgment, and 
issues in law, may be argued or submitted in the said court 
before a majority of the said judges, provided that demurrers 
to pleadings may be heard and determined by either of said 
judges, in court or at chambers. 

Distribution of § 12. The judges of said superior court may sit separate- 
duties. iy ? or otherwise, as may be required by the state of business 
in said court, and when sitting together, the oldest judge, by 
commission, shall preside, and shall be styled "the Chief 
Justice;" and they shall so arrange their business as to re- 
quire each judge to do, as near as may be, an equal share of 
official duty, and may classify and distribute the business be- 
tween themselves, and fix and determine the times of hold- 
ing their special or adjourned sessions so that they may not 

Kuies of prac- conflict with each other, and may adopt such rules of prac- 
tice as may be necessary for the correct transaction of busi- 
ness, and so as to make the practice act for that court consis- 
tent herewith, if found in any manner inconsistent. 

Masters in § 13. Said court shall have power to appoint masters in 

ceivers r; ic re " chancery, receivers, and other officers necessary to facilitate 
its business, who shall hold their offices during the pleasure 
of said court, and shall be required to execute good and suffi- 
cient bonds, in such penalties as said court shall direct, and 
conditioned for the faithful discharge of their duties, and to 
pay over all moneys coming to their hands as such officers 
when by said court. 

Se ai. § 14. Said|court shall have a seal, to be provided by the 

secretaiy of state, at the expense of the state, having the 
same device as the seal of the court of common pleas, except 
that there shall be engraved around the margin thereof the 
words "Superior Court of Chicago," instead of the words 
"The Cook County Court of Common Pleas ;" and until 
such new seal is provided the present seal may be used. 

Process. § 15. The process of said court shall have the seal affixed, 

and be tested, directed, served and returned, and be in form 



CITY COURTS. St 

as now provided by law, varying only in the style of the 
court, and to conform to this act ; and appeals may be taken 
and writs of error prosecuted, as now provided by law ; and 
all laws now in force relating to said Cook county court of 
common pleas and not inconsistent herewith, shall continue 
in force and be applicable to said court, as reorganized by this 
act. 

-' 16. Said court, or a majority of tl ': ] ges thereof, Grand or petit 
may make any and all necessary orders tor the summoning Jurors - 
of grand or petit jurors to attend at any term or terms of 
court, as said court or judges may think proper or necessary. 

§ 17. That the vacation terms of the circuit court of Vacation terms 
Cook county shall hereafter be held on the third Monday of °^ e ckcuit 
March and the second Monday of October ; and the trial 
terms of said court on the second Monday of April, fourth 
Monday of May, third Monday of June, second Monday oi 
July, first Monday of September, third Monday of November, 
[onday of January and the third Monday of February, 
in each year. All writs and process heretofore issued from 
said circuit court, returnable to any of the terms, as hereto- 
fore fixed by law, shall be deemed and taken to be returna- 
ble to the term fixed by this act next succeeding the return 
day fixed in said writ or process. 

§ IS. The court, as at present organized, shall continue in Present court. 
force until after the election and qualification of the ju 
hereinbefore provided for. This act shall t and be 

in force from and after its passage. 

Approved February 17, 1S59. 



AX ACT to establish Recorder's Courts in the cities of LaSulle and Peru. In force Feb'y 

19, im 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That there Courts estab- 
shall be established in each of the cities of La Salle and ll5hed - 
Peru an inferior court of civil and criminal jurisdiction, Jurisdiction, 
which shall be courts of record, by the names of " The Ee- 
corderV Court of the City of La Salle," and " The Eecorder's 
Court of the City of Peru,*' and said courts shall have con- 
current jurisdiction, within their respective cities, with the 
circuit court, in all civil and criminal cases, except treason 
and murder. Said courts and the judge and clerks thereof uUd -. e . t and 
shall, respectively, have the like power, authority and juris- elected 
diction, and perform the like duties as the circuit court and 
the judges and clerks thereof, in relation to all mat 
suits, prosecutions and proceedings, within the cities of La 
Salle and Peru, respectively, so far as the same are not 
otherwise limited by law. Said judge shall be elected by 



88 CITY COURTS. 

the qualified voters of the two cities, in such manner as the 
city councils of said cities may direct, and shall, when duly 
elected and qualified, be judge of each of said courts, and 
the clerks of said courts "shall be elected by the qualified 
voters of their respective cities; and the said judge and the 
said clerks shall hold their offices for _ five years, and until 

First election, their successors are elected and qualified. The first elec- 
tion shall be held on the first Tuesday of March, A. D. 
eighteen hundred and sixty-three, and like election shall be 
held every five years thereafter. The person having the 
highest number of votes for said offices, respectively, shall 
be" declared elected thereto, and shall be commissioned by 

Proviso. the governor : Provided, the governor may, by and with the 

advice and consent of the senate, appoint a judge for said 
courts, and who shall have power to appoint the clerks of 
said courts, and they may respectively hold said offices until 
their successors are'elected and qualified, 

style. § 2. The judge shah be called "the Judge of the Re- 

corder's Court of La Salle and Peru," and shall receive an 

Salary and fees annua i salary of five hundred dollars, to be paid quarterly 
from the state treasury, as judge of each of said courts, and 
shall receive the like fees, in addition thereto, as is received 
by the recorder of the city of Chicago, to be paid and col- 
lected in the same manner as the fees of the last named 
judge are paid and collected ; and the duties, compensation 
and liabilities of the clerks of said courts shall be the same 
as are now established by law in relation to the clerk of the 
recorder's court of the city of Chicago. 

Seals. § 3. The said recorder's court, in the cities aforesaid, 

shall have seals, to be provided by the respective cities in 
which they are located ; and said courts shall be held at such 
places in each city, respectively, as the common council 
thereof may provide; and the expense thereof, except as is 
herein otherwise provided for, shall be paid by said cities 

respectively. 

Process. g 4. The. process of said courts shall be tested in the 

name of the clerk issuing the same. 

Recognizances. g 5. All recognizances, except in cases of treason and 
murder, taken before any judge, justice or magistrate, in 
said cities, in criminal cases, shall be made returnable to the 
recorder's court to be held therein ; and it shall be the duty 
of the officers taking the same to return all papers in such 
criminal cases to said court; [aid .all fines, penalties and for- 
feitures had or taken in any such criminal proceedings, shall 
inure to the benefit of the city wherein the proceedings 
were had, and shall, when collected, be paid into the trea- 
sury ther 

Appeaia § 6. All appeals from justices of the peace, within said 

cities, shall be taken into and disposed of by the recorder's 

Proviso. com>t of gai( j city ^ere the appeal was taken : Provided, 

That when a term of the circuit court shall intervene be- 



CITY COURTS. 89 

tween the taking of such appeals and the next term of the 
recorder's court of said city, it shall be optional with the 
appellant to take his appeal to either of said courts. 

§ 7. The state's attorney of the judicial circuit in which Prosecuting at- 
said cities are situated, shall be the prosecuting attorney of torae y- 
said courts, and for his services therein shall receive an ad- 
ditional compensation of one hundred dollars for attending 
each of said courts and discharging the duties pertaining to 
his office therein, per annum, to be paid out of the same 
fund and in the same manner as his salary as state's attorney 
for the circuit court is paid. 

§ 8. The sheriff of La Salle county shall perform the Sheriff, 
same duties and have the same powers and be liable to the 
same penalties in each of said courts as in the circuit; and 
said sheriff and the clerks of said courts shall respectively 
be entitled to the like fees in all civil and criminal cases as 
are now allowed by law for similar services in the circuit 
court in criminal cases, to be collected out of the defendant, 
if convicted : Provided, That if the defendant has no pro- p roviso 
perty on which to levy, the said fees shall be paid out of the 
city treasuries, respectively. 

§ 9. The grand and petit jurors for said courts, respect- Grand and pit- 
ively, shall be selected irom the voters of said cities, who lt J urors - 
have paid a city tax for the preceding year, in the following 
manner: The city councils of said cities shall annually 
select one hundred names, who are qualified to act as jurors, 
and who are not exempt from such service, from the list of 
such voters, and transmit the same to the clerks of their re- 
spective courts, who shall keep a record thereof in a book to 
be provided for that purpose, and deposit such names upon 
separate pieces of paper in a jury-box, from which he shall 
draw the names of the grand and petit jurors in the pre- 
sence of the judge of said courts, the sheriff or his deputy, 
and such persons as may see fit to attend, at least ten days 
before each term of said courts, notices of the time and place 
of such drawing having been given by said clerks, by post- 
ing the same upon the door of the office for five days imme- 
diately preceding such drawing : Provided, That the name Proviso, 
of no person shall be put into said box who has been drawn 
as a juror therefrom for the preceding year; nor shall the 
names drawn therefrom in any year be replaced in said box 
d curing said year, but the names put in said box shall be an- 
nually renewed : Provided, That if, for any cause, said grand Proviso, 
and petit jurors shall not be selected and drawn in the man- 
ner aforesaid, or in case of vacancies in the panel thereof, 
or of the exhaustion of the same, said court may direct the 
same to be summoned by the sheriff, as now provided by 
law. All venires for jurors in said courts shall be issued by 
the respective clerks thereof and executed by the sheriff, as 
in other cases ; and all laws in relation to jurors, their com- 
pensation, duties, powers, authority and proceedings, as far 
—7 



CITY COURTS. 



Kegular terms 



Proviso. 



as not inconsistent with the provisions of this act, shall be 

Proviso. applied to each of said courts : Provided, That all docket 

fees, now or hereafter allowed by law, shall be paid into the 
city treasuries of the respective cities ; and said cities shall 
pay the petit jurors and said courts such sum as they may 
think proper, and no pay is to be allowed them from the 
county treasury. 

Changes of § 10. Changes of venue, in all cases, civil and criminal, 

venue. ma y j^g taken from either of said courts to the circuit court 

of La Salle county, when the party praying for such change 
of venue, or his attorney, shall make affidavit that in his or 
her belief justice and a fair and impartial trial requires such 
change of venue, stating in such affidavit the particular facts 
and circumstances upon which such belief is founded, and 
no other or further change of venue shall be allowed. 

Appeals and § 11. Appeals may be taken and writs of error prose- 
writs of error. cu t e d from said courts to the supreme court, in the same 
manner as is now provided by law in relation to appeals and 
writs of error from the circuit court to the supreme court. 

§ 12. The regular terms of said courts, shall be held as 
follows : The recorders [ court ] of the city of La Salle 
shall be held on the first Mondays of January, April, July 
and October, in each year ; and the recorder's court of the 
city of Peru shall be held on the third Mondays of March, 
June, September and December : Provided, that the com- 
mon councils of said cities may notify the judge of said 
courts before the close of any term of the court in their 
city, " that it is their wish that the next succeeding term of 
said court should not be held ;" in which case the judge 
shall cause an order to be entered on the records of said 
court that there shall be no court held there at the next suc- 
ceeding term ; which said order shall have the same effect 
for that particular year at which it is entered as though said 
term was abolished by law. And all suits, matters and pro- 
ceedings in said court, not otherwise disposed of, shall go 
over to the next term to be held ; and all suits, matters and 
proceedings thereafter commenced for the next term, shall 
be entitled as of the next term to be held. 

Vacancies. § 13. Any vacancies in the office of judge or clerk, in 

either of said courts, may be filled as follows : The judge, 
by appointment of the governor, and the clerks, by the ap- 
pointment of the judge until after the first election for those 
officers, as provided for by this act; and after that, by elec- 
tion, in such manner as the common council of said cities 
may respectively direct ; and the person or persons entitled 
to nil such vacancies, when duly qualified, shall hold their 
respective offices until the next regular election and until 
their successors are duly elected and qualified : Provided, 
also, that a clerk, pro tern, may be appointed by the judge, 
when he shall deem it necessary. 



CITY COURTS. 91 



attor- 
ney pro tem. 



§ 14. In case the state's attorney shall fail, at any time, ^Jj^j 
to attend to the business properly belonging to his office, in 
either of said courts, the judge may appoint a state's at- 
torney, pro tern, who shall receive for his services such com- 
pensation as is allowed to the state's attorney under the pro- 
vision of act this. 

§ 15. The proceedings and practice in said courts shall Pra ctice. 
conform, as near as may be, to the proceedings and practice 
in the circuit court. 

§ 16. All judgments, decrees and proceedings in said Liens, 
courts shall be liens in like manner and to like extent as 
the same in the circuit court ; and all sales of property, 
made by virtue of any process of either of said courts, shall 
be made at the place of holding the court out of which the 
same issued. 

§ IT. The clerk of each of said courts shall certify, Jury fees, 
under the seal of his court, to the treasurer of LaSalle 
county, the amount due each grand juryman who may have 
served as such in their respective courts ; which said cer- 
tificate shall be delivered to said treasurer, within twenty 
days after the close of each term ; and it shall also be their 
duty, within twenty days after the close of each term of 
said courts, to certify, in like manner, to the Kecorder of La 
Salle county, a list containing a brief description of all 
judgments and decrees rendered during the last term of Clerks cer tify 
their court, and the recorder shall enter the same on the judgments, 
books of Jiis office, for which service he shall be entitled to 
receive the sum of twenty-five cents for each and every 
judgment or decree so certified, to be paid by the clerk cer- 
tifying the list : Provided, that the said clerks need not cer 
tify any judgment or decree until he receives or has ten- 
dered to him the sum of twenty-five cents for the recorder 
and a like sum for his own services ; and no judgment or 
decree rendered in either of said courts shall be a lien on Lien, 
real estate after twenty days from the end of each term, 
until they are certified to the recorder. 

§ 18. The city councils of said cities, respectively, shall Books and sta- 
provide the proper books and stationery for the use of their tlonei T- 
respective courts, and a suitable prison or jail for the safe 
keeping of prisoners ; and all laws in relation to keeping prison, 
prisoners and sending convicts to the penitentiary, not in- 
consistent with the provisions of this act, shall apply to pri- 
sons and convicts held under the process of said courts. 

§ 19. There shall not be any grand jury called for either Grand jury, 
of said counties, except at the January term of the LaSalle 
court and the March term of the Peru court : Provided, 
the judge may, at any term of either of said courts, by the 
proper order entered upon the records of said court, cause a 
special grand jury to be summoned. 

§ 20. The act entitled "An act to give a uniform organ- Act incorpo- 
ization and jurisdiction to inferior courts of local juris- rated - 



92 



COUNTY COURTS. 



diction in the cities in this state," approved February 10, 
1857, shall be a part of this act, as fully as if the said act 
had been expressly incorporated in and made a part of this 
act. 

§ 21. This act shall be a public act, and be in force 
from its passage. 

Approved February 19, 1859. 



dower 
ed. 



In force Febru- AN ACT to reform the Probate System, - 

ary 21, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the county 
Jurisdiction in courts of this state, judicially sitting, shall have concurrent 
grant- jurisdiction with the circuit courts of this state, in the assign- 
ment of dower, in cases where petition is presented for the 
sale of real estate to pay debts, and that where a petition is 
presented for the sale of the real estate of a deceased, to 
pay debts, and it appears that there is a dower interest in 
the land sought to be sold, it shall be lawful for the court, 
on the petition of the person entitled to dower, or adminis- 
Commissioners trator of the estate of said deceased to appoint commissioners 
to assign dow- to ass jg n dower in such real estate, to the person entitled 
thereto, in the same manner as is now provided by law for 
the assignment of dower by commissioners, by the circuit 
courts of this state. 

§ 2. Be it further enacted, That the county clerks of this 
state shall each provide a well bound book, with proper 
headings, and neatly ruled, (where the same is not already 
provided,) to be called a "Docket," in which they shall enter 
all the unsettled estates in their office — the name of the 
administrator; the date of the letters of administration; 
the amount of the bond, and the names of the securities 
thereto; the names of the heirs and widow, when known; 
the time of filing inventory and sale bill, and amount of 
sale bill — leaving a sufficient margin for remarks. Said 
book to be prepared substantially in the following form: 



Books. 



Form. 



Names of dece'd 


Date of Let- 


Amount of bond, 


Widow 


When inven- 


V 


and administra- 


ters. 


and names ot 


and heirs. 


tory and sale 


1 


tor. 




securities. 




bill filed, and 
am't of sale 
bill. 


p 


John Doe, dec'd. 


February 20, 


Amount of bond, 


A B, C D, 


May 1st, 1859. 




Richard Roe, ad- 


1859. 


$5,000. 


E F, Ac. 


Sale bill, 




ministrator. 




Securities — 
John Smith, 
Thomas Johnson. 




§2,000. 





COUNTY COURTS. 



93 



The doccket shall have an alphabetical index, in which 
shall be entered each estate, and the page upon which it is 
docketed. 

§ 3. That whenever a person having a claim against an claims, 
estate shall fail to present the same for adjustment at the 
term of court selected by the administrator, it shall be the 
duty of said person, if he wish to prosecute said claim, to 
file a copy thereof with the proper county clerk, with an 
order for a summons to the administrator. It shall be the 
duty of the clerk, upon the filing of such copy and order, to 
issue a summons, directed to the sheriff of the county, 
requiring such administrator to appear and defend said claim 
at a term of oourt therein specified, which summons, when 
served, shall be sufficient notice to the administrator of the 
presentation of said claim: Provided, the same was served Proviso, 
ten days before the return day thereof; in which event, the 
court may, in the absence of the administrator, proceed to 
determine said cause. In case ten days' notice is not given, 
then said cause shall be continued until the next term of 
the court, unless the administrator is willing to go into the 
trial thereof. 

§ 4. It is hereby made the duty of the several county Judgm't dock- 
clerks of this state to provide a well bound book, to be called et " 
"Judgment Docket," with proper headings, and neatly ruled, 
in which shall be entered all claims filed against estates, in 
the order in which they are filed, setting forth the name of 
the claimant and of the estate against which the same is 
filed; the nature and amount of the claim; if summons was 
issued thereon, when and where returnable, with sufficient 
margin opposite each claim for the judgment of the court ; ■ 
which book shall be prepared and kept substantially in the 
folio wins* form : 



Names of claimant 
and estate. 



A B, claimant, 
ra. 

C D, administrator 
of E F, deceased. 



Nature and amount 
of claim. 



(Amount of note or 
account, as the 
case may be.) 



Memorandum as to 
summons and no- 
tice. 



(When summons is- 
sued, and when 
served, or the term 
of court selected 
by administrator, 
as the case may 
be.) 



Judgment of 
Court. 



Form. 



When a claim is filed, docketed, and service had upon 
the administrator, the court shall, at the term to which the 
summons is made returnable, proceed to hear evidence and 
determine the merits of the claim, unless by good cause 
shown by either party, the case is continued until the next 
term of the court: Provided, no person making claim against proviso. 



94 



COUNTY COURTS. 



Index. 



Books to 
kept. 



Form. 



be 



Failure to pro 
vide books. 



Fees. 



the estate of any testator or intestate shall be permitted to 
prove the same by his or her own oath, except at the term 
of the court at which the administrator gives notice for the 
presentation of claims, when if no objections be made to 
said claim at said term, by the administrator or otheis inter- 
ested in said estate, the claimant may be permitted to swear 
that snch claim is just and unpaid, after allowing all just 
credits. It is hereby made the duty of the court to call the 
entire docket at each term of the court, and make such 
orders in each case as will insure a speedy adjustment of 
the claim, and may dismiss claims for want of prosecution. 

§ 5. The judgment docket shall have an alphabetical 
index kept by the clerk, both direct and indirect — the direct 
memorandum in the index to show the name of the claim- 
ant, the name of the estate, and the page upon which the 
claim will be found — the indirect memorandum in the index 
shall merely be the name of the estate, opposite, which shall 
be set down the various pages upon which judgments are 
entered, either against or for the estate. 

§ 6. It shall be the duty of the county clerks of this 
state to provide well bound books for the following purposes : 
One in which shall be recorded executors' and administra- 
tors' bonds, and bonds of guardians; one in which shall be 
recorded all inventories and sale bills of estates ; and also a 
book, to be called a "Ledger," in which shall be kept the 
accounts of all executors, administrators and guardians — 
the debit side to be made up of all items with which the 
executor, administrator or guardian is charged, with a 
memorandum opposite each item of charge, of the book and 
•page in which the original entry is made; the credit side 
shall be made up of all sums properly paid by the executor, 
administrator or guardian, under the laws of this state, which 
have been allowed by the court; opposite each item of credit 
a like memorandum shall be made, showing the book and 
page where the original entry is to be found. Each of the 
books required to be kept by this section shall have an 
alphabetical index, with proper entries, so that the contents 
may be readily found. The county clerks of this state shall, 
as heretofore, keep a journal of the proceedings of the court. 
All settlements made by executors, administrators or guar- 
dians, shall be entered in the journal. The journal shall 
have a copious alphabetical index of all entries made therein. 

§ 7. A failure upon the part of any county clerk to pro- 
vide the books required in this act, and keep the same in 
the manner prescribed, may be taken and deemed by the 
court as a contempt, and punished accordingly. 

§ 8. For issuing the summons required by section three 
of this act, the clerks shall be entitled to twenty-five cents ; 
sheriffs shall be entitled to twenty-five cents for serving and 
returning the same, and five cents per mile for necessary 
travel imgoing to the residence of the administrator; the cost 



COUNTY COUETS. 95 

of issuing summons, and of serving the same, to be paid by 
the claimant. 

§ 9. Before letters of administration shall hereafter be Affidavit, 
issued, the person applying for the same shall make and 
file an affidavit with the proper county clerk, setting forth, 
as near as may be, the date of the death of the deceased, 
the probable amount of the personal estate, and the names 
of the heirs and widow, if known. 

§ 10. It is hereby made the duty of the county courts Citation, 
of this state to enforce the settlement of estates within the 
time now prescribed by law; and upon the failure of an 
executor or administrator to come forward and make settle- 
ment at the next term of the court after the expiration of 
said time, the court shall order a citation to issue, requiring 
said executor or administrator to appear at the next term of 
the court, and make settlement of the estate, or show cause 
why the same is not done; and if an executor or adminis- 
trator fail to appear at the time required by said citation, 
the court shall order an attachment, requiring the sheriff of 
the county to bring the body of said executor or administra- 
tor before the court, at a call term, to be fixed by the court; 
and upon a failure of an administrator or executor to make 
settlement under the orders of the court, after having been 
so attached, he may be dealt with as for contempt, and shall 
be forthwith removed by the court, and some discreet person 
appointed in his stead as administrator or executor of the 
estate. The costs of such citation or attachment to be paid 
by su?h delinquent executor or administrator, and the court 
shall enter up a judgment therefor on the journal of said 
court, and a fee-bill may issue thereon. 

§ 11. The terms of the county courts of this state for Terms of court. 
the transaction of probate business shall be held on the third 
Monday's of each month, instead of on the first Monday's 
of each month. 

§ 12. Section ninety-five of chapter one hundred and Eevised stat- 
ten, entitled "Wills," of the Eevised Statutes of 1845, is utes amended, 
hereby amended so as to require executors and administra- 
tors to fix upon a term of court, within six months from the 
granting of letters testamentary or of administration, for 
the adjustment of claims against estates. 

§ 13. This act shall be construed to include both admin- Meaning of act. 
istrators and executors where either are mentioned. 

§ 14. This act shall take effect and be in force from and 
after the first day of June next. 

Approved February 21, 1859. 



36 COUNTY COURTS. 

In force Febru- AN ACT to amend "An act establishing County Courts," approved February 12, 
ary 24, 1859. 1849, and to extend the jurisdiction of the County Court of. vermilion County. 

Additional Section 1. Be it enacted by the Peoj)le of the State of 
powers gran - jlUnois, represented in the General Assembly, That, in addi- 
tion to the powers heretofore granted and conferred npon 
the county courts of this state, the county court of Vermilion 
county shall have concurrent jurisdiction with the circuit 
courts of this state of all matters, suits and proceedings in 
civil cases at common law, or arising under $ke statutes of 
this state, where the amount in controversy shall not exceed 
five hundred dollars, exclusive of interest and costs, except 
in cases of libel, slander and the action of ejectment ; and 
the judge of said county court shall have the same powers 
in vacation as are vested in the judges of the circuit courts 
of this state. 

Writs and pro- § %- The writs and process of said county court shall be 
cess. issued and executed in the same manner as the writs and 

process of the circuit courts of this state, and the rules, pro- 
ceedings and practice, not herein otherwise provided for, 
shall conform, as near as may be, to the rules, proceedings 

Practice. and practice of said circuit courts ; and all orders and judg- 

ments of said county court shall have the same lien, force 

Lien. and effect, in all respects, as those of the circuit courts of 

this state, and shall be collected and enforced, in all respects, 
as those of said circuit courts in similar cases. 

Terms of court. § 3. There shall be two terms of said county court held 
in said county in each year, for the transaction of the busi- 
ness with the jurisdiction whereof it is hereby vested ; which 
said terms shall commence on the fourth Mondays of July 
and January in each year ; and each term shall continue 
until all the business before said court is disposed of ; but 
no terms hereby provided for shall be held to change the 
regular monthly terms of said court now provided by law 
for the transaction of probate business. If the judge of said 
court shall not attend before four o'clock in the afternoon of 
the day when said court should be held, the sheriff shall 
adjourn said court till the next day ; and if the said judge 
shall not attend before six o'clock P. M. of said second day, 
the sheriff shall adjourn the court, without day ; and all 
business shall stand continued until the next semi-annual 
term of said court. 

4. Traverse juries of said court shall be selected by the 
board of supervisors of said county, in the manner provided 
by law for the selection ot jurors for the circuit courts, and 
shall possess the same qualifications and be liable to the 
same penalties and punishments ; have the same benefit of 
the same excuses and exemptions ; shall take the same oaths 
and possess the same powers, and be governed in all their 
proceedings in the same manner as is prescribed, allowed 
and imposed in the case of jurors in the circuit courts. 



Traverse juries 



COUNTY COURTS. 97 

§ 5. The clerk, jurors, sheriff, and other officers of said Fees of officers, 
court, and witnesses, shall receive the several fees and com- 
pensation that now are or hereafter may be allowed for similar 
services and attendance in the circuit courts of this state, to 
be received, collected and paid in like manner as such fees 
now are or hereafter shall be: Provided, that said clerk p rov iso. 
shall receive no per diem allowance while said court is in 
session for the transaction of business at said semi-annual 
term. 

§ 6. Appeals and proceedings in the nature of appeals Appeals and 
and writs of certiorari, taken and prosecuted from the deci- writs . of cer - 
sions and judgments of justices of the peace and other in- 
ferior tribunals in said county, .shall be taken to and prose- 
cuted out of said county court, in the same manner as such 
appeals are now taken to and writs of certiorari are now 
prosecuted out of the circuit courts of this state : Provided, Proviso, 
that when a regular term of the circuit court of said comity 
shall intervene between the time of rendering judgment or 
decision and the next semi-annual term of said county court, 
said appeal maybe taken to or writ sued out of either the 
circuit or county court: Provided, further, that all appeals Proviso, 
taken from the judgments of said county judge, while acting 
as justice of the peace, shall be taken to the circuit court of 
said county. 

§ 7. Appeals and writs of error may be prosecuted from Appeals and 
all final orders and judgments of said county court, to the writsoferror - 
circuit .court of said county — except in cases of judgment 
confessed — in the same manner as appeals and writs of error 
are prosecuted from the circuit courts of this state to the 
supreme court ; but no writ of error shall be granted unless 
the same shall be applied for within six months after the 
rendition of the order and judgment complained of. 

§ 8. The proceedings and practice in taking and prose- Practice, 
cuting such appeals and writs of error, shall be the same as 
are provided in cases of ajypeals and writs of error from the 
circuit courts to the supreme court of this state, excepting 
that the writs of error shall be allowed by the judge of said 
circuit court ; and in hearing and rendering judgments upon 
said appeal cases and cases in error, said circuit court shall 
be governed by the same rules as the supreme court upon 
the trials of appeals and writs of error : Provided, that in Proviso, 
all appeals from said county court to the said circuit court, 
the appellant shall lodge in the office of the clerk of the cir- 
cuit court an authentic copy of the record in said cause, on 
or before the first day of the next term of said circuit court. 

§ 9. The county judge of said county shall hold said Terms ofeourt. 
semi-annual terms of court, herein established, at the court 
house in said county, and shall receive the same sum now 
by law allowed judges for holding the county court. And 
there shall be taxed and collected as costs, as in other cases, Costs. 
in every suit or proceeding in said county cn-nrt } the fallow 
8— 



98 COUNTY COURTS. 

ing sums, viz: In every suit begun by writ, three dollars; 
in each appeal case, two dollars ; in every judgment by con- 
fession, one dollar, if said judgment does not exceed one 
hundred dollars ; two dollars, if said judgment confessed ex- 
ceeds one hundred dollars, and does not exceed three hun- 
dred dollars ; and three dollars, if said judgment by confes- 
sion exceeds three hundred dollars ; all which costs shall be 
taxed to and collected from the party against whom judg- 
ment shall be rendered, and, when collected, shall be paid 
over to the judge of said court as his compensation, in addi- 

Proviso. tion to the sum now allowed by law : Provided, that nothing 

herein contained shall be construed to apply to probate busi 
ness transacted at the reguler monthly terms of said court. 

Chano-es of § 10. Changes of venue shall be allowed in all cases 
e. pending in said court, as follows : To the circuit court of 

said Vermilion county, where the party applying for such 
change shall make affidavit that the judge of said county 
court is so prejudiced against him that he believes he can 
not have an impartial trial before him ; and in the manner 
now provided by law to the circuit court of some other 
county or circuit, when the application shall be founded on 
any other cause by law allowed for changes of venue in 
such cases. 

§ 11. Nothing; in this act contained shall be construed to 

artition and . ° . . , » .- • • t -• • t l> 

chancery. give to said county court jurisdiction m proceedings tor par- 
tition of real estate or of cases of the nature of chancery 
proceedings, other than those of which said court now has 
jurisdiction. 

§ 12. It shall be the duty of the clerk of said county 
apportioned. 6 court to set and apportion the causes, at the said semi- 
annual terms, for as many days of the term as he may think 
necessary or be directed by the judge ; and all subpoenas for 
witnesses shall be made returnable on the day on which the 
cause in which the witnesses are to be called is set for trial. 
. §13. The provisions of this act shall be extended to the 

tended?* 8 eX ~ counties of Warren, Bureau and Iroquois, and be in force 
and apply to said counties of Warren and Iroquois and Bu- 
reau in the same manner and to the same extent as in said 
county of Vermilion. 

§ M. This act to take effect from its passage. 
Approved February 24, 1859. 



In force March AN ACT to extend the jurisdiction of the County Court of Bond County. 
1, 1859. 

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

Illinois, represented in the General Assembly, That the 

Jurisdiction, county court of Bond county, when sitting for probate 



COUNTY COTJETS. 99 

business, shall have concurrent jurisdiction with the circuit 
courts of this state in all suits or actions in assumpsit or 
debt, in suits or applications for the assignment of widows' 
dower in the lands of their deceased husbands, in suits of 
petition for partition of lands, and applications of guardians 
for the sale of lands of minors for the support and educa- 
tion of said minors. 

§ 2. The process of said court shall be issued by the Process, 
clerk of said court, under the seal thereof, and directed to 
the sheriff of the proper county, and executed as now pro- 
vided by law for the execution of process issued out of the 
circuit courts of this state. And the practice and proceed- Practice, 
ings in said county court shall be the same as in the circuit 
courts of this state in similar cases. And all orders, judg- 
ments and decrees of said court shall be of the same force 
and have the same effect upon real and personal property 
which orders, judgments or decrees made or rendered by 
the circuit courts of this state now or may hereafter have by 
law. 

§ 3. Appeals and writs of error may be prosecuted from Appeals and 
11a final orders, judgments and decrees of said court, to the writ3oferror - 
supreme court of this state, in the same manner that appeals 
and writs of error are taken from the circuit courts of this 
state. 

§ 4. All appeals from the final decisions and judg- Appeals from 
ments made or rendered by the justices of the peace of said J ustlces - 
county of Bond, in civil suits, may be taken to said county 
court. 

§ 5. The clerk of said court, the sheriff' and other Fees of officers, 
officers of said court, shall receive the several fees and com- 
pensations that now are or hereafter may be allowed by law 
for similar services in the circuit courts of this state ; and 
each juror sworn in said court, on making affidavit of ser- 
vice, during the term, shall be entitled to fifty cents in each 
case, and mileage at the rate of five cents per mile, going 
and returning from his residence to the county seat, which 
shall be taxed and collected as other costs are taxed and 
collected. 

§ 6. Said county court shall have power to prescribe all Jurors, 
rules and regulations for the selection, summoning and em- 
panelling jurors for the trial of all cases provided for in 
this act. 

§ 7. Any person or party to any suit or proceeding in said Changes of 
court may apply in said county court for a change of venue venue - 
to the circuit court of said county of Bond, on filing in said 
county court a petition, under oath, setting forth that he, 
she or they verily believe that the county judge of said 
county of Bond is so prejudiced against him, her or them 
that he, she or they cannot have a fair and impartial trial 
in said county court, the said county judge shall thereupon 
grant a change of venue to the circuit court of said Bond 



XOO COUNTY COURTS. 

county. And said cause shall thereupon be set down for 
trial in said circuit court the same as if originally instituted 
therein. And the clerk of said county court, within twenty 
days after the adjournment of any term of said county 
court, at which such change of venue shall be granted, shall 
make a perfect transcript of all the proceedings had in said 
case in said county court, wnich shall be certified as true 
and correct by the clerk of said county court, under the 
seal of said county court, which, together with all the 
papers appertaining to said suit, shall, within the said 
twenty days, be returned by said clerk of said county court 
to the circuit clerk's office of said county, and said suit shall 
be by said circuit clerk docketed as original suits are dock- 
eted in said circuit court, and shall be tried in said circuit 
court as suits instituted therein are tried. 
Docket fee. § 8. The clerk of said county court shall tax and collect 

a docket fee of one dollar and fifty cents in each suit or pro- 
ceeding heard and determined in said court, under the au- 
thority as provided for by this act, which docket fee, when 
collected, shall be paid over to the county judge of said 
county, in addition to the compensation now allowed him 
by law. All of which costs and fees made or accruing in 
any proceeding or suit had in said court under or by virtue 
of this act may be collected of the party or parties making 
the said costs, by execution or fee bill issued by the clerk of 
said county court. 
Powers in va- § 9. And be it further enacted. That the county judge 

cation. f ga j c | coim ty f Bond may hear and determine, in vaca- 

tion, all applications for discharge from imprisonment for 
debt, as provided for by chapter LII of the Kevised Laws 
of Illinois, and shall cause the proceedings therein to be re- 
corded on the records of said court at the next ensuing 
term of said court held for probate business. 

This act to take effect and be in force from and after the 
first day of March next, A. D. 1859. 

Certified copy. § 10. And be it further enacted, That the secretary of 
state transmit to the clerk of the county court of said county 
of Bond, immediately, a copy of this act, with a certificate 
from under his hand, with the seal of state attached. 
Approved February 19, 1859. 



In force April AN ^.CT to fix the time of holding terms of the County Court of Boone County. 
26, 1859. 

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

Illinois, represented in the General Assembly, That the terms 

Terms of court. f sa i c i county court of Boone, for jurisdiction of common 

law and chancery cases, shall be held in the county of Boone 



COUNTY COCETS. 101 

on the first Monday of June and on the first Monday of De- 
cember, in each and every year, and at no other times. 

S 2. All appeals taken in said connty from before ins- App^ from 
tices of the peace shall be taken to the county court of said 
county, when a term thereof shall be held by law prior to 
the term of the circuit court of said county, and after the 
expiration of twenty days from the rendition of the judg- 
ment before the said justice of the peace; and in case a term 
of the circuit court of said county shall be held after twenty 
days from the rendition of said judgment by such justice of 
the peace and prior to the term of the county court of said 
county, then such appeals shall be taken to said circuit 
court. 

§ 3. Jurors for the terms of court above fixed shall be Jurors, 
selected and summoned as provided for by law as to circuit 
court. 

§ 4. All acts and parts of acts inconsistent with this law Acts repealed. 
are hereby repealed. 

Approved February 18, 1859. 



AX ACT extending the jurisdiction and regulating the practice iu the County In force Febru- 
Court of Lake County. ary 19, 1S59. 

Sectiox 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the juris- 
diction of the county court of Lake county is hereby so ex- Jurisdiction 
tended as that said court shall have concurrent jurisdiction 
with the circuit courts of this state of all matters and suits 
at common law and by statute, and shall have jurisdiction of 
all misdemeanors punishable by fine only, when the amount 
of penalty does not exceed one hundred dollars. 

§ 2. Whenever either party to a suit in said court shall Change of 
file his petition, verified by affidavit, stating his belief that venue ' 
he cannot have a fair trial in said court, by reason of the 
prejudice of the judge of said court against the party fifing 
said petition, or by reason of the prejudice of the people of 
said county against such petitioner, it shall be the duty of 
the judge of said court to change the venue of such suit to 
the circuit court of said county, if the cause alleged for said 
change of venue shall be prejudice of said judge against said 
party, and to the circuit court of the nearest county where 
such prejudice does not exist, if such petition for change of 
venue shall assign as cause therefor the prejudice of the 
people of said county ; and in cases of petition for change 
of venue the court shall be governed by the rules of practice 
of the circuit courts in similar cases. 



102 



COUNTY COURTS. 



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

Approved February 19, 1859. 



In force Febru- AN ACT to repeal certain acts extending the jurisdiction of the County C 
ary 19, 1859. of Carroll, Lee and Whiteside counties. 



Venue 
ed. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That an act 
Acts repealed, to amend an act entitled an act to establish connty courts, 
approved February 12, 1849, and extending the jurisdiction 
of the La Salle, Winnebago, Boone and McHenry county 
courts, approved February 27th, 1854, extending the juris- 
diction of the Carroll county court, approved February 
14th, 1857, be and the same is hereby repealed ; but this 
section shall not be so construed as to affect the jurisdiction 
of any county court in this state, except the county court of 
Carroll county, 
chang- § 2. That the venue of all actions and suits, at common 
law or equity, now pending in said Carroll county court, be 
and the same is hereby changed to the circuit court of said 
county of Carroll ; and the clerk of the county court of said 
Carroll county is hereby directed and required to transmit 
and deliver all the papers on file in his office pertaining to 
such actions and suits pending in said county court to the 
clerk of the circuit court of said county ; and said clerk of 
the circuit court shall docket said suits on the circuit court 
docket, and may issue any additional process which may be 
necessary to the final disposition of such actions and suits, 
the same as if such actions and suits had been originally 
commenced in said circuit court. And the circuit court of 
said county shall proceed to the final disposition and adju- 
dication of such actions and suits the same as if they had 
been originally commenced in said circuit court. 

§ 3. And be it further enacted, That all processes, writs, 
&c, returnable to the March term, A. D. 1859, of said Car- 
roll county court, be deemed and they are hereby made re- 
turnable to the March term, A. D. 1859, of the circuit court 
of said county ; and all actions and suits continued to the 
March term, A. D. 1859, of said county court, shall be 
deemed and held continued to the March term, A. D. 1859, 
of the circuit court of said county. 

§ 4. That in all cases where final judgment has been 
rendered in said county court in any action or suit therein, 
such judgment shall remain and continue a hen against the 
lands and tenements of the judgment debtor the same as if 
this act had not been enacted: and that the clerk of the 



Process. 



Judgment 
liens. 



COUNTY COURTS. 103 

county court may continue to issue executions or alias exe- 
cutions and fee bills, for costs, upon all such judgments ; and 
such executions and fee bills shall have the same force and 
effect as if this act had not been enacted. 

§ 5. That with the papers in the 2d section of this act 
directed to be delivered by the county clerk of said county 
to the clerk of the circuit court thereof, such papers shall 
be accompanied with a certified transcript of all orders en- ( JjSj ed trans " 
tered in each of such actions and suits, together with a bill ip ' 
of all costs that have accrued in the county court in such ac- 
tions and suits ; which costs, together with county clerk's 
fees, at the rate of ten cents for every one hundred words, 
for such certified transcript, and fifty cents for the certificate 
to such transcript ; which cost and fees shall be taxed by 
the clerk of the circuit court against the party to such actions 
and suit, against whom judgment for costs shall be rendered 
by the circuit court. 

§ 6. That cases formerly pending in said county court, ( ^ s ^ s d g^ b6 r t e " 
which have been or may hereafter be taken to the supreme circuit court. 
court of the state of Illinois, by writ of error or by appeal, 
the supreme court, if it shall remand such case or cases for 
trial de novo, said supreme court shall remand such case or 
cases to the circuit court of said county ; and said circuit 
court shall proceed with such case or cases the same as if 
such case or cases were formerly pending in such circuit 
court. 

§ 7. And be it further enacted, That an act entitled "An Acts repealed, 
act to amend an act establishing county courts, approved 
February 12, 1849, and extending the jurisdiction of the 
county courts of the counties of Lee and Whiteside," ap- 
proved February 18th, 1857, be and the same is hereby re- 
pealed ; and that all of the foregoing provision^ of this act, 
providing for the disposition of the cases pending, books, 
files and records of the Carroll county court, be and the 
same are hereby held to apply to the cases, books, files aud 
records of the county court of Whiteside county. 

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

Approved February 19, 1859. 



AN ACT to provide for the compensation of the County Judge of Cook County. In force Febru- 
ary 13, 1859. 

Section 1. Be it enacted by the People of the State of 
lllinios, represented in the General Assembly, That the 
board of supervisors of Cook county shall, in addition to Additional sal- 
the compensation otherwise provided by law, allow and pay ar - y- 
to the county judge of said county, such reasonable salary 



104 COUNTY COURTS — DRAINAGE 

per annum as they may think just and proper, whic salary, 
when fixed by said board, shall be payable quarterly, out of 
the county treasury, on the order of the county clerk upon 
the treasurer of said county. 

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

Approved February 18, 1S59. 



In force Febru- AN ACT to provide for the compensation of the County Judge of Cook County, 
ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, The board of 
Additional sal- supervisors of Cook county shall, in addition to the compen- 
ary- sation otherwise provided by law, allow and pay to the 

county judge of said county such reasonable salary, per an- 
num, as they may think just and proper ; which salary, when 
fixed by said board, shall be payable, quarterly, out of the 
county treasury, on the order of the county clerk upon the 
treasurer of said county. 
Shall not be § 2. That whenever any sum shall have been appropri- 
ated or allowed by the said supervisors to the said county 
judge, or by any municipal corporation in said county, to the 
use and benefit of any judge or recorder, such sum shall not 
be reduced during the term for which such judge or recor- 
der shall have been elected. 

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

Approved February 24, 1859. 



reduced. 



In force April AN ACT providing for the draining and reclamation of certain lands in Mason 
26, 1859. county. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in addi- 
Speciai tax. tion to the state and county tax, there shall be levied and 
collected, in the year 1859, a sufficient special tax for drain- 
ing the same, on the following lands, within the county of 
Mason, to wit : Sections five, six, seven, eight, the west half 
of seventeen, sections eighteen, nineteen, the west half of sec- 
tions twenty and twenty-nine, and section thirty, in township 
twenty, north, range eight west of the 3d principal meridian, 
and sections nineteen, twenty, twenty-one, twenty-eight, 
twenty-nine, thirty, thirty-one, thirty-two and thirty-three, 
in township twenty-one, north, range eight west of the third 



DRAINAGE. 105 

principal meridian, and the east half of the southeast quar- 
ter of section twelve, the east half of section thirteen, sec- 
tions twenty-four, twenty-five and thirty-six, in township 
twenty, north, range nine west of the third principal meri- 
dian. 

§ 2. For the purpose of carrying out the intentions of Commissioners 
this act, James M. Ruggles, Charles S. Thompson and John 
H. !Nettler, are hereby appointed commissioners, whose 
duty it shall be to employ a competent engineer to make 
surveys, plans and estimates, for the drainage of the lands 
above described, and to let such works, in whole or in parts, 
to the lowest responsible bidders, after having given at least 
twenty days printed notice of the time and place of letting; 
to collect, receive, and disburse the taxes herein provided 
for, and to superintend the work until completed, and to 
pay contractors therefor. 

§ 3. Patrick W. Campbell, Thomas Ainsworth and p. w. Camp- 
such other disinterested person as they may associate with JjjJ ■■* *• 
them, are hereby appointed to classify the lands above classify lands, 
described, into three classes, placing that portion most to be 
benefitted, by drainage in the first class, and that which is 
least benefitted in the third class, and the return of such 
classification to be made to the commissioners aforemen- 
tioned, on or before the first Monday of April next. 

§ 4. It shall be the duty of the commissioners, as soon Tax to be le- 
thereafter as may be, to levy upon the lands before described, vied - 
a sufficient tax to complete the drainage of said land, accord- 
ing to estimate of engineer, and to pay all other necessary 
expenses — such tax to be levied according to classification, 
(the first class paying the highest rate of taxation,) and 
which shall be a per centage on the assessment of the county 
assessor for the year 1859, and in no case exceeding fifty 
cents per acre. The second class shall be such a per centage 
on said assessment as shall in no case exceed forty cents per 
acre, and the third class shall be at such rate as shall not in 
any case exceed thirty cents per acre. 

I 5. 'Said commissioners shall make return of such Return of as- 
assessment, on or before the first Monday of September sessment - 
next, to the county clerk of Mason county, whose duty it 
shall be to put down said tax in a separate column on the 
collector's book, and the collector shall proceed to collect 
the delinquent tax aforesaid as other state or county taxes. 

§ 6. For the purpose of prosecuting said work, the com- 
missioners may proceed to collect said tax as soon as the tax - 
assessment is completed, and their receipt, or that of their 
appointed agent or collector, shall be a complete discharge 
of all liability or claim for such tax. 

§ 7. Said commissioners shall have the power to secure Right of way. 
the right of way over any lands in Mason comity, for making 
such ditches and embankments as may be necessary to drain 
the lands aforesaid, by condemning the right of way and 



106 



DEAINAGE. 



Election. 



paying damages according to the provisions of laws now in 
force for securing right of way for public roads and high- 
ways. 

§ 8. Said commissioners are hereby required to make 
and execute a bond to the county clerk, for the use of the 
county of Mason, for the full amount of the taxes assessed, 
conditioned that they will faithfully perform their duties as 
commissioners under this act; and for a failure to perform 
such duties, or to pay over all moneys received, they shall 
forfeit and pay into the county treasury double the amount 
of such defalcation. 

§ 9. The commissioners named in this act shall give at 
least ten days notice for an election to be held at some con- 
venient place within the district to be drained, on or before 
the first day of April next, at which election the legal voters 
within said district being owners or occupiers of land within 
the same, shall proceed to vote, (giving one vote lor each 
80 acres of land they own,) after the manner of voting at 
district school meetings, by depositing ballots "For Special 
Tax" and "Against Special Tax." It shall be lawful for 
all owners of land in said district not living on the same, to 
cast one vote for each 80 acres of land owned in said district; 
and if a majority of such votes are found to be "For Special 
Tax," then this act to be in full force and effect, otherwise 
to be null and void. 

Approved February 24, 1859. 



In force Febru- AN ACT to authorize the drainage of lands and the construction of levees, em- 
ary 19, 1859. bankments and roads, in Madison county, Illinois. 

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

Corporators. Irish, John Atkins, Hiram Seppy, G. R. Austin, Eli Pat- 
tengill, Samuel Squire, Zephaniah B. Job, and their asso- 
ciates and their successors, be and are hereby created a 

Name. body politic and corporate, by the name of " The American 

Bottom Levee Company," with power to contract and be 
contracted with, sue and be sued, to own real estate, either 
by gift or purchase and to sell and convey the same. Said 

Seal. company may have a common seal, which they may alter 

and renew at pleasure. Said company shall have power to 

By-laws. make by-laws, rules and regulations, not inconsistent with 

the laws of the land, which shall be binding upon said com- 
pany, and all persons having business with or interest in the 
business of said company. 

§ 2. The said Tylor I. Irish, John Atkins, Hiram 
Seppy, G-. R. Austin, Eli Pattengill, Samuel Squire and" 



DKAETAGE. 107 



Zeplianiali B. Job, or a majority of them, shall meet, on or j_ 

before the first day of July next, at some place within said 
district to be embanked or drained, and shall proceed to 
open books of subscription to the capital stock of said com- B s ° c ^ s ti ^ ™£~ e 
pany ; and whenever the sum of twenty-five thousand dol- opened. 
lars shall have been subscribed and five per cent paid in or 
secured to be paid in ivpon said stock, the said stockholders 
shall, after ten days 1 notice in a paper j^rinted in the county 
of Madison, meet and elect directors for the management Directors, 
of the affairs of said company : Provided, that said direc- Proviso, 
tors so to be elected shall not be more than seven and from 
which number they shall elect a president and treasurer, 
who shall be the acting officers of said company. After the 
election of said directors, the corporators shall hand over to 
them all books and papers, money and property, belonging 
to said company. And all future elections of said directors 
shall be at such time as may be provided for in said by-laws: 
Provided, that at all elections in said company every share Proviso, 
shall be entitled to one vote, and said share may be repre- 
sented by proxy. 

§ 3. Said company is hereby authorized and empowered Authorized to 
to survey, locate, construct and complete dykes, ditches, construct and 
levees, embankments, culverts, roads, bridges, guard locks works, 
and dams, to change, clear out obstructions in or widen the 
channel of any creek, and to keep the same in repair, over, 
through or across any lands lying within townships 3 north, 
range 8, 9 and 10 ; township 4 north, range 9; township 5 
north, range 9 ; township 4 north, range 10 ; all west of the 
third principal meridian, in Madison county; and shall have 
power to locate and construct their works over, under and 
across any public road, railroad or plank road, which now 
is or may hereafter be laid out and constructed in said ter- 
ritory ; and for such purpose shall have the right of way 
upon and may appropriate to the use and purposes contem- 
plated therein all the lands, stone, timber and materials, of 
every kind, necessary for the location, construction and al- 
teration of said dykes, ditches, levees, embankments, cul- 
verts, bridges, locks and roads, and for the maintenance and 
repairs of the same. 

§ 4. Said company shall have power to condemn lands Power to con- 
and materials for the purpose of the construction of said demn land - 
works, and for the purpose of keeping the same in repair, 
in the mode and manner now provided by law for obtaining 
the right, of way, approved March 3, 1845 : Provided, that 
any appeal from such condemnation shall not hinder the 
use and occupancy of the said land so condemned, upon the 
said corporation giving security, to be approved by the clerk 
of the court to which said appeal is taken, to abide by and 
pay such damages as may may be assessed against said 
company. 



108 DRAINAGE. 

Capital stock. g 5 < Said company may fix the amount of their capital 
stock at the sum of two hundred thousand dollars, and the 
same may be divided into shares of fifty dollars each ; and 
said shares shall be deemed personal property, and trans- 
ferrable in such mode and manner as said company, by their 
by-laws, may provide. 

Power to bor- § 6. The said corporation shall have power to borrow 

row money, money and issue bonds, convertible into stock, at the option 
of the holders thereof, and as security therefor to execute a 
mortgage or deed of trust upon their works and franchises: 

Proviso. Provided, said bonds shall not bear more than eight per 

cent, interest, and shall contain a clause making them re- 
deemable after ten years from the date thereof. And if 
any of said bonds shall be sold for less than par, the same 
shall be as valid and binding upon said corporation as if 
they had been sold at their par value. 

Tax to be lev- § 7. That for the purpose of meeting any interest upon 
the capital invested and the expenses incurred in the con- 
struction of the embankments, levees and drainage of the 
lands, and all interest accruing upon the bonds issued by 
the company, there shall be annually levied and collected, 
in the mode hereinafter provided, a tax upon said lands so 
embraced within said embankments, levees, and all others 
in Madison county directly benefitted by said drainage, 
leveeing or embankment; which said tax shall not be great- 
er than will meet an amount sufficient to pay ten per cent, 
upon the capital so invested and bonds issued and other ex- 
penses incurred, the expenses of management and the an- 
nual necessary repairs to the works, when completed, after 
the application of any profits arising from said works, if any 
such there be; and the proceeds of said taxation shall be 
applied to no other purpose; and any balance remaining 
over from any one year shall be carried forward as a credit 
to the next. 

List of persons § 8. Said company shall make out and deliver to the 
efifted nd to be be conec 't° r of Madison county, annually, a list of all persons 
reported to and lands within said embankments and benefitted by said 
collector. drainage, leveeing or embankment, together with a state- 
ment, made under oath of the treasurer of said company, of 
all moneys expended or borrowed for the construction and 
repair of said works, and also the necessary annual expenses 
of the management of the same ; and it shall be the duty of 
the state and county collector to place upon the state and 

Assessment, county assessment, and in addition thereto, such sum per 
cent, as will pay the expenses and interest hereinbefore re- 
served. The company shall assess all lands within the 
county of Madison for taxation, in proportion to the benefits 
said lands shall derive from the work done under this act, 
and which said taxation shall be collected at the same time 
and places as said state and county taxes are collected ; and 
in the event of non-payment, the same rights and privileges, 



DRAINAGE. 109 

liens and remedies that are now in force or shall be made 
obligatory by law for the collection of state and county taxes, Collection, 
shall be applicable to the collection of said special tax ; and 
the same judgment shall be obtained and the same privi- 
leges and obligations shall be imposed upon purchasers and 
owners as by law are applicable to lands sold for the non- Sale for non- 
payment of taxes ; and all deeds executed by the sheriff on P a y ment - 
a sale of such lands for taxes, under the provisions of this 
law, shall be received in all courts of justice, and elsewhere, 
as evidence of the same facts now evidenced by the sheriff's 
deeds, under the revenue laws of this state. 

§ 9. Whenever a majority of the landholders within the Tax to pay off 
boundaries of said embankment shall determine by a vote lien - 
of the same to pay off said lien, or any part thereof, upon 
the lands, and shall so decide, then it shall be the duty of 
the directors of said company to place on the list for taxa- 
tion such per cent, as may be voted, to be collected by the 
state and county collector, in addition to such sum as is be- 
fore reserved. 

§ 10. Upon repayment, by taxation, as hereinbefore pro- works to be- 
vided, of the principal so invested, and all interest that may come the pro- 
be due for the drainage or leveeing or embankments of f a e ^ y owners. 6 
lands, the said works and all the property of said corpora- 
tion shall become the property of the owners of lands so 
taxed for the purchase, subject to all existing contracts and 
liabilities, and shall thereupon be managed and controlled To be managed 
by the county court of Madison county, who shall thence- h J county 
forth, by the revenues thereof and such additional taxation cour * 
upon the lands benefitted and improved as may be neces- 
sary for the purpose, keep the same in good repair and pre- 
servation. 

§11. The collector of Madison county shall make and collector's 
execute to said company a good and sufficient bond for the bond> 
faithful collection and payment over of said tax over to said 
company; and it shall be his duty to pay over to said com- 
pany the taxes so collected, from time to time, as the same 
may come into his hands ; and he shall be allowed the same 
compensation as he is now allowed for the collection of 
school tax. 

§ 12. This act to be in force from and after its passage; 
to be held and taken as a public act, and to be liberally con- 
strued to carry out the purposes and intents of the same. 

Approved "Feb. 19, 1859. 



110 DRAINAGE. 

In force April AN ACT to provide for the constructing a levee from Prairie du Pont Village, in 
26, 1859. St. Clair county, to Harrisonville, in Monroe county. 

Preamble. Whereas the greater portion of the residents and owners of 
the land lying between the Mississippi river and the bluffs, 
in what is called the American Bottom, and between Prai- 
rie du Font village, in St. Clair county, and Harrisonville, 
in Monroe county, are desirous of establishing and build- 
ing a levee for the purpose of protecting their lands from 
overflow from the Mississippi river; therefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That ¥m. 
Commissioners Wilson, senior, Sidney Todd, William B. Quigley, William 
to establish a Kinney and Hyacinth Demete, be and they are hereby 
appointed commissioners to lay out and establish a levee or 
embankment, of sufficient hight and strength, in their opin- 
ion, to prevent the overflow of water from the Mississippi 
river, over the lands lying between said levee and the bluffs. 
Said levee or embankment to commence at the foot of the 
first high ground east of said Prairie du Pont village, 
extending thence westwardly, so as to include said village, 
and thence extending southwardly on the east side of Prai- 
rie du Pont creek, through and over all the lands and at the 
particular points and places on said lands, as said commis- 
sioners shall deem best for that purpose, to some point in 
the neighborhood of Harrisonville, in Monroe county, to 
be determined by said commissioners, where said levee 
shall end. 
Right of way. § ^' Said commissioners shall have authority to pass over 
any of said lands, on the line of said levee, for the purpose 
of locating said levee, by survey or otherwise, and for the 
purpose of building the same, by themselves, and all such 
agents, hands and "laborers as they may employ for that 
purpose. 
Em l lab r- § ^* ^ shall be the duty of said commissioners, as soon 
SI ° y as may be, to locate said levee, and employ all such laborers 

as they may deem necessary, and at such wages as they may 
contract for, to build and complete the same. 
Levy and col- § 4. It shall be the duty of said commissioners to ascer- 
lect tax. tain the quantity of land belonging to each person lying 
between said levee and the bluff's, which is subject to over- 
flow and to be protected by said levee from overflow, and 
to levy a tax against the owners of said land of sufficient 
amount to pay for locating and building said levee : Provided^ 
that no more than one dollar per acre shall be levied, at a 
uniform rate, upon each acre of land, and collect said tax 
from the owner or person in possession of the land, by such 
member of their board as they may elect' for that purpose, 
as hereinafter provided for. In all cases where the owner 
or person in possession shall fail or refuse to pay said tax, 
after demand thereof, which demand shall be made in person, 



DRAINAGE. Ill 

if the owner reside in the county where the land lies ; and 
if such owner does not reside in such county, then the 
demand for payment may be made in person or by a notice 
in some newspaper printed in said counties of St. Clair and 
Monroe, for at least two weeks. It shall be the duty of said Sale for non- 
commissioners, after having given notice of sale, by adver- P a y ment - 
tisement in some newspaper published in St, Clair and Mon- 
roe county, for at least ten days between the first and last 
insertion, stating the time and place of sale, and the descrip- 
tion of the property to be sold, as fully as such property is 
suceptible of, and the amount due, to proceed and sell so 
much of said land as shall be necessary to pay said tax and 
costs of advertising sale. The sale shall be made either at 
the said villages of Prairie du Pont or Harrisonville, as the 
commissioners may elect, at public vendue, between the 
hours of ten o'clock, A. M., and 2 o'clock, P. M., of the day 
of sale ; and the land shall be struck oft* to the bidder who 
will pay said tax and cost for the smallest quantity of land 
offered. The commissioners shall make a deed, in fee simple, Deed, 
to each and all purchasers of lands under the provisions of 
this act; said deed or deeds, however, are not to be executed 
till the provisions of section 6 of an act to amend the several 
acts concerning the public revenue, approved February 8th, 
A. D. 1849, shall have been complied with: And provided, 
further, that all rights of infants andfemmes covert to redeem 
from such sales, as provided by the revenue laws of this state, 
are hereby fully protected. Such deed from said commis- 
sioners to the purchasers shall be received in evidence in 
any court where the title or right of possession of said land 
shall be in question and shall be prima facie evidence that 
said commissioners complied with all the requisites of this 
act in making said sale. 

§ 5. Said commissioners shall have power to make such Rules and reg- 
rules and regulations as they may deem necessary to carry ulations - 
out the object of this act. They may or may not, at their president and 
own discretion, elect one member of their own board as secretary, 
president, to preside over their deliberations. They shall 
elect one of their members as secretary, whose duty it shall 
be to keep a record account of all their proceedings, and a 
treasurer, whose duty it shall be to keep a correct account Treasurer, 
of all moneys paid in from taxation, amounts paid out, and 
all accounts of said company, and a collector, whose duty 
shall be to collect all taxes, as provided by this act, and 
report all taxes not collected, but which have been levied. 

§ 6. Said commissioners shall have power to fill any Vacancy, 
vacancy that may occur in their board from failure of any 
member to act, or from death, resignation, removal, or from 
any other cause, by appointing some other person to act, and 
till such vacancy. 

§ 7. It shall be the duty of said commissioners to keep Repairs, 
said levee in good repair and condition at all times after the 



112 FEE BILLS FENCE. 

same may be built, and for this purpose may levy such tax 
as may be necessary, subject to the provisions and restric- 
tions of this act. 

§ 8. Any person who shall maliciously cut or otherwise 
I trespass dared injure said levee shall be deemed guilty of trespass, and, 
upon conviction of the same, shall be fined not less than 
fifty and not more than five hundred dollars. 

Approved February 24, 1859. 



In force Febru- AN ACT in relation to the issuing of Fee Bills, 

ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
llllinois, represented in the General Assembly, That hereafter 
Time of issuing an 7 c ^ er ^ °f an J court of record in this state may, upon 
fee bills. proper precipe filed in his office therefor, issue fee bills for 
costs, at any time, within eleven years after the rendition 
of the judgment or accruing of the right to issue the same ; 
which fee bills shall have the same force and effect as if 
issued within the year next succeeding the judgment. 

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

Approved February 24, 1859. 



In force Febru- AN ACT to declare the Illinois river a lawful fence in Grundy county, 

ary 22, 1859. 

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

Illinois, represented in the General Assembly, That the Illinois 

Illinois river river, from its formation, by the junction of the Des Plaines 

Mfenci 1 ^" and Kankakee, through the county of Grundy, to the west 

side thereof, shall be considered and is hereby declared to 

be a lawful fence, and any animal or animals crossing said 

river, between said points, into fields or lands inclosed upon 

the other side, and adjoining the river, shall be considered 

Trespass. trespassers, and the owner or occupiers of such land may 

bring an action of trespass against the owner of such animal 

or animals and recover the damages which said animals may 

do by entering such field or inclosure, as aforesaid, in the 

same manner that such owner or owners might do if said 

inclosure had, on the side next the river, a good and sufficient 

fence to turn ordinary cattle. 

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

Approved February 22, 1859. 



FERRIES. 113 

vCT to establish a Ferry across the Great Wabash river, at Grayville, In force Febru- 
Illinois. ary 21, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Samuel 
H. Martin and M. M. Doyle, of White county, and their s - H - * Ianin 
heirs and assigns, be and they are hereby authorized to Doyle, author- 
establish, maintain and keep a ferry across the Great AVabash }? e ^ f t0 estab " 
river, between the mouth of Bon Pas creek, at the foot of 
North street, and for the space of one mile above and below 
the mouth of said creek, at or near the foot of said Xorth 
street, in the town of Grayville, for and during the term 
and space of twenty-five years. 

§ -2. That the said corporators, Samuel H. Martin and Shall keep a 
M. M. Doyle, their heirs and assigns, shall, at all times, ? oodboaT - 
keep a good and substantial boat or boats, to be propelled 
by steam, horse power or oars, that may be necessary for 
the safe and speedy transportation of passengers, teams and 
other stock, as well as goods, chattels and effects, belonging 
to passengers; and shall furnish said boat or boats with men 
in number, with suitable strength and skill, to manage the 
same, and shall maintain, operate and manage the said ferry 
by this act established, to the exclusion of any and all per- 
sons or bodies corporate, for and during the term and space 
of twenty-five years, as aforesaid. 

£ 3. The said corporators, their heirs or assigns, shall Eates of ferri - 
have and receive for ferriage and transportation, such tolls age " 
and rates as are now or hereafter may be fixed by law or 
the county authorities in similar cases. 

§ -L The said ferry shall be conducted according to the Rights and liar 
provisions of law relating to ferries; and the corporators. b}i s 
their heirs and assigns, shall be entitled to the same rights 
and subject to the same liabilities as the proprietors of other 
ferries. 

§ 5. And the said Samuel H. Martin and M. M. Doyle, Time of begin- 
corporators, as aforesaid, shall commence operating the said mng - 
ferry by and within the space of six months, from and after 
the passage of this act. 

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

Approved February 21, 1S59. 



—9 



1U 



FEKRIES. 



In force April AN ACT to amend an act entitled " An act to establish a ferry therein named,'* 
28, 1359. approved February 8, 1851. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Act extended, provisions of an act entitled " An act to establish a ferry 
therein named," approved February 8, 1851. be and the 
same are hereby extended beyond the period therein lim- 
ited, for a further term of fifteen years. 
Approved February 18, 1859. 



In force April AN ACT to amend an act entitled "An act to establish a ferry accross the Illi- 
26 1859. n °i s river, at Peru, in La Salle county," approved February 10, A. D. 1851. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the legal 
owners and proprietors of said ferry franchise are hereby 
authorized, at their option, to substitute a floating bridge in 
place of the usual ferry boat, for the purpose of crossing 
the Illinois river, at the points specified in the act to which 
this is an amendment 
no wise obstruct the navigation of said river. 

§ 2. The owners aforesaid are hereby empowered to ex- 
tend their ferry franchise five hundred feet west of the head 
or point of the island specified in the act to which this is an 
amendment, for the purpose of swinging said floating 
bridge or landing said ferry boat out of the channel of saici 
Illinois river : Provided, that such privilege shall not in- 
terfere with any franchise heretofore granted to other parties. 

Approved February 24, 1859. 



Proprietors 
may substi- 
tute floating- 
bridge. 



Franchise 
tended. 



Provided, that said bridge shall in 



Proviso. 



In force Febru- 
ary 24, 1859. 



AN ACT authorizing Harvey Ballard and Washington Wren to keep a ferry 
across the Mississippi river, in Adams county. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Harvey 
ii. Ballard and Ballard and "Washington Wren, their heirs and assigns, be 
w - w^en an- and they are hereby authorized to establish and keep a 
tabHsh ferry 8 " ferry across the Mississippi river, between the mouth of the 
Lima lake slough, on the fractional northwest quarter of 
section thirty-one, township two north, range nine, west of 
the fourth principal meridian, in Adams county, and state 
of Illinois, and the town of Canton, in the county of 
Lewis, and state of Missouri, during which time the super- 
visor's court of said Adams county shall not grant a license 



FERRIES. 115 

to any person or persons to establish or keep a ferry within 
two miles above and two miles below the said month of 
Lima lake slough. 

§ 2. That said Harvey Ballard and Washington Wren Shall keep 
shall, within one year from the passage of this act, keep, at good boat 
all times, a good and sufficient steam or other ferry boat. 
necessary for the transportation of passengers, .teams, 
horses, cattle and other animals, as well as goods and 
effects, belonging to passengers, and shall famish such boats 
with men of strength and skill to use them, and shall Rat s of fer- 
charge and receive such rates of ferri ige as may be fixed ria = e - 
by authority of said county of Adams. 

§ 3. That said Harvey Ballard and Washington Wren Annual tax. 
shall pay into the treasury of said Adams county such an- 
nual tax as may be imposed upon said ferry by said Adams 
county, not exceeding ten dollars ; and in the management 
and regulation of said ferry shall be governed by the law 
now in force regulating ferries. 

§ 4. The said Harvey Ballard and Washington Wren Exclusive priv- 
shall have the exclusive ferry privilege, from the said mouth ^s^- 
of Lima lake slough, to the said town of Canton, for 
twenty-five years from the passage of this act, for two 
miles above and two miles below the mouth of said Lima 
lake slough; and should any person or persons establish, Fine. 
keep or run a ferry boat and land within two miles as afore- 
said, such person or persons shall forfeit and pay to the said 
Harvey Ballard and Washington Wren, their heirs and as- 
signs, ten dollars for every such offense, to be sued for and 
recovered in an action of debt, before any justice of the peace 
of sai< I county of Adams. 

§ 5. That the act entitled "An act to authorize Wash- a ?ts re-enacted 
ington Wren and Harvey Ballard to keep a ferry across the and re P ealed - 
Mississippi river in Adams county," approved February 
twelfth, eighteen hundred and fifty-three, be and the same 
is hereby re-enacted, renewed and extended for the use and 
benefit of Harvey Ballard and Washington Wren, their 
heirs and assigns ; and ail laws subsequently enacted, con- 
travening or conflicting with this act, be and the same is 
hereby repealed. This act to take effect from and after its 
passage. 

Approved February 2L, 1859. 



AX ACT to amend an act entitled " An act to establish a ferry at Chester in the j a force Febru- 
county of Randolph, on the Mississippi river," approved January 17, A. J). 1849. arv21 1859. 

rox 1. Be ' oy the P < of 

Ittim : • That the act 

entitled "An act to establish a ferry at Chester, in the 



116 FEKRIES. 

Act amended, county of Randolph, on the Mississippi river," approved 
January seventeen, eighteen hundred and forty-nine, be and 
the same is hereby so amended to extend said franchise or 
ferry privilege to the first day of January, in the year one 
thousand eight hundred and eighty. 
Privileges and § 2 - Tna * a11 tn , e rights, privileges and immunities 
immuntiies. which were in the aforesaid act granted to Thomas Bond 
and A. S. Palmer, be and the same are hereby granted to 0. 
C. Williams and Harvey Nevill, the successors of said Bond 
and Palmer. 

§ 3. That all acts and parts of acts, which conflict with this 
act, be and the same are hereby repealed, reserving to Cole 
and Erskine all the legal rights which he or they, or either 
of them, may be entitled to in relation to the establishment, 
of a ferry at the town of Menard, below Chester, now the 
city of Chester. 

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

Approved February 21, 1859. 



Acts repealed. 



In force Febru- AN ACT to establish a ferry herein named, 

ary 19, 1859. 

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

Illinois, represented in the General Assembly ; That W. and 

w. and F. Bur- p Burnett, their heirs and assigns, be and they are hereby 

nett authoriz- . . , ' . . . , , & . f . . J ,, J 

edto establish authorized to establish and maintain a certain terry across 
a ferry. ^\ ie Mississippi river, at section No. thirteen (13) in town- 

ship No. seven south, of range No. six (6) west of the fourth 
principal meridian, in the comity of Pike and state of Illi- 
nois, opposite the city of Louisiana, Mo., and to land upon 
and run the same upon any land owned by them in said 
section, or which may be acquired hereafter, or upon any 
state or county road or public highway on said section, or 
which may be hereafter established thereon, or upon any 
land owned or which may hereafter be owned by any per- 
Proviso. son or corporation, on said section : Provided, They shall 

first acquire the consent of such person or corporation, in 
writing; and they shall have the exclusive right to ferry 
across said river, from said section, and within three miles 
above and below said section, on said river, for the term of 
twenty years. 
Shall keep a § 2. The said W. and F. Burnett shall-, at all times, keep 
good boat, a g 00C [ tight boat or boats for the speedy and safe transpor- 
tation of all passengers, teams, horses, cattle and other 
animals, also all goods, wares and merchandise, across said 
river; having at all times men of sufficient skill and strength 
to manage the same. 



FERRIES. 117 

§ 3. The board of supervisors shall have power to fix B^ 8 of fer ' 
rates of ferriage to be charged by the said AY. and F. Bur- 
nett, for the transportation of passengers, wagons and 
animals of all kinds, goods and effects, across the said Mis- 
sissippi river, and shall have power to levy a yearly tax for Nearly tax. 
said ferry privileges, not to exceed thirty dollars; which tax 
said W. and F. Burnett may apply on the improvement of 
roads leading to said ferry, in said township, as directed by 
the commissioners of highways of said township. 

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

Approved February 19, 1859. 



AN ACT to extend an act authorizing A. J. Brown to keep a ferry across the In force Febru- 
Mississippi river at the town of Port Byron. ary 21, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented \in the General Assembly, That all and 
singular, the rights, privileges and franchises granted to fe ht ?-, Q , and 

. -p . ' -r -r-» ° i -< • • i • t i tt t franchises con- 

Adomram J. Brown and ins assigns, by an act entitled ''An firmed to as- 
act authorizing Adoniram J. Brown to keep a ferry across signees ot a. 

i .-.*-... v . -, -, -r» t-i 1 i) J ^ «*• Brown, 

the Mississippi river, at the town ot Fort Byron/ approved 
February 17th, 1851, are hereby confirmed in John W> 
Spencer, Tillotson C. Temple and Thomas Pharis, assignees 
of said Adoniram J. Brown, and in their associates and as- 
signs, for and during the term mentioned in said act, and for 
the further term of fifteen years next thereafter. And upon 
a compliance with the requirements of said mentioned act, 
the said Spencer, Temple and Pharis, their associates and 
assigns, shall have the exclusive right of continuing, keep- Exclusive 
ing and maintaining a ferry across said Mississippi river, £f htt ? rmur> 
between the town ot Port Byron, m Kock island county, 
and the opposite shore, in the state of Iowa, and at and 
from the said town of Fort Byron, and for one mile each 
way from the place of landing, for the aforesaid terms, any 
law to the contrary notwithstanding : Provided always, that Proviso- 
this act shall not be so construed as to affect, in any manner, 
any legally existing rights, 

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

Approved February 21, 1859. 



118 FERRIES. 

AN ACT to establish the Massac and McCruken ferry, 

Section 1. Be it enacted by the Peop>le of the State of 
Illinois, represented in the General Assembly, That L. S. 
p S b T PrTs b ton Tumble, F - D. Piston and W. H. Green, their heirs and 
and "w. h. assigns, be authorized and have the sole and exclusive right 
Green author- 1 establish and keep a ferry, for fifty years, across the Ohio 
Sish a ferry. " river, from any part of the bank of said river, extending for 
one quarter of a mile above and two miles below lot num- 
bered one, in the town of Brooklyn, in Massac county, Illi- 
nois, to the Kentucky shore, as long as they shall comply 
with all the provisions of this act or any general law now in 
force or that may hereafter be passed, 

§ 2. That said L. S. Trimble, F. D. Preston and W. H. 
Green shall, within one year from the passage of this act 
Shall keep a and at all times thereafter, keep good and sufficient boats, 
good boat. £ Qr t | ie gp eec ] y anc [ sa f e transportation of all passengers, 
teams, horses and other animals, as well as goods and chat- 
tels, belonging to passengers ; and that said boats shall be 
furnished with men of sufficient strength and skill to man- 
age the same, or with horses, or may be propelled by steam. 
Point of land- § 3. The said Trimble, Preston and Green, or their as- 
in #- signs and grantees, shall be allowed to land their boats at 

any point on the bank of said river, described in section one 
Bates of ferri- of this act, and shall receive such rates of ferriage as the 
age ' proprietor of the ferry at Metropolis, Massac county, Illi- 

nois, now receives for transporting passengers, teams, vehi- 
cles, cattle and other animals, across the Ohio river, and 
double said ferriage whenever said river is out of its banks. 
Approved February 22, 1859. 



In force Febrti- AN ACT to establish a ferry across the Ohio river at the town of Golconda. 
ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly^ That John 
J. Field author- Field, his heirs and assigns, be and are hereby authorized 
Sish a°ferry. a to establish and keep a ferry, for the term of twenty years, 
across the Ohio river, between the town of Golconda, in the 
county of Pope, in the state of Illinois, and the opposite 
shore, in the state of Kentucky, during which time no 
license shall be granted by the county authorities of the 
county of Pope to any person or persons .or body corporate 
to establish or keep a ferry within If miles of the town of 
Golconda, either above or below said town. 
Shall keep a § 2. Said John Field shall cause said ferry to be fur- 
good boat. nished with good tight boat or boats, sufficient for the safe 
transportation of all passengers, their teams, stores, cattle 



FERRIES — GAME. 119 

or other animals, wagons, and the goods, effects, property, 
freight, etc., of all persons ; and said boat or boats shall be 
provided with men of suitable strength to manage the 
same, or with horses, or with steam, or with suitable and 
equivalent propelling power, at the option of said Field. 

§ 3. The said John Field shall be allowed to land his Landing. 
boat or boats at any point on said Ohio river, eligible and 
suitable, in front of the town of Golconda. 

§ 4. Said John Field, or his assigns or grantees, shall Rates of ferri- 
receive such rates of toll on freight or ferriage as the county age - 
court of said Pope county shall establish and ordain, not to 
exceed or be less than a fair and just compensation. 

§ 5. And the said John Field, his heirs and assigns, shall Rights and 
be entitled to the benetits of the forty-second chapter of the P rivUe g es - 
Kevised Statutes of the state of Illinois, regarding ferries 
and toll-bridges ; and should any person or persons or body 
corporate or politic, hereafter licensed or without license, 
run or land a ferry within the above space stipulated, they 
shall be subject to and incur the penalties and forfeiture 
provided in said chapter forty-two of the Kevised Statutes, 
which may be recovered by the said John Field, his heirs 
or assigns, as therein provided, 

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

Approved February 24, 1859. 



AN ACT for the protection of orchards, and to prevent the destruction of small In force Febru- 

birds. ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That it shall Destruction of 
not be lawful, in this state, for any person to shoot, or in birdrprohibn- 
any other manner to kill or destroy, or to entrap, ensnare or ed - 
otherwise capture any of the following description of birds, 
to wit: The blue bird, swallow, martin, musquito hawk, 
whip-poor-will, cuckoo, woodpecker, cat bird, brown thrasher, 
red bird, hanging bird, rice bird, sparrow, wren, humming 
bird, dove, goldtinck and mocking bird. 

§ 2. Every person who willfully violates the provisions Fine - 
of the preceding section, or who shall willfully destroy the 
nest or eggs of any of the birds hereinbefore described, 
shall be punished by a fine of not more than five dollars for 
each offence. 

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

Approved February 24, 1859, 



120 GAME JUDGMENT BY CONFESSION". 

In fi rce Feb, AN ACT to repeal so much of the game law as is applicable to Greene county 
24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly, That so much 
of an act entitled "An act to preserve the game in the state 
Act repealed, of Illinois, 1 ' approved February 15th, 1855, as is applicable 
to the county of Greene, be and the same is hereby re- 
pealed. 

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

Approved February 24, 1859. 



In force Febns AN ACT concerning judgment by confession. 

ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That no judg- 
ment by J co£ ment ^ confession shall be entered by any courl of this 
iession may be state, on any bond, bill y note or other instrument in writing, 
entered. which is not due by the express terms thereof at the time of 

the rendition of such iudgment, except in open court, on a 
full investigation of the fairness of the transaction by the 
court, although said bond, bill, note or other instrument in 
writing, may be accompanied by a power of attorney exe- 
cuted by the parties thereto authorizing the rendition of 
such judgment. 
Plaintiff 1 ^ § ^' Before any court shall be authorized to render judg- 

proof. ment on any such bond, bill, note or instrument of writings 

not then being due by the terms therein expressed, by vir- 
tue of any supposed authority contained in any power of 
attorney attached to or accompanying the same, unless the 
defendant or defendants to be affected thereby shall appear r 
personally, and confess the same, the plaintiff shall prove, 
by testimony to be produced and taken orally in court, that 
at the time of the execution of said power of attorney the 
person or persons who executed the same were particularly 
informed and then knew that the meaning of said power ot 
attorney was to authorize the rendition of judgment on such 
bond, bill, note or other instrument of writing, before the 
same shall become clue and payable by the terms thereof, 
and also that the plaintiff will be in imminent danger of 
losing the debt thereby secured, unless a judgment shall be 
rendered thereon immediately. 
S '-urity to § 3- No execution shall be issued on any siich judgment 
say execu- if the defendant shall offer to the said plaintiff a bond with 
good security, conditioned for the payment of said debt and 
costs, at the time of the maturity of such bond, bill, note or 
instrument of writing, on which said judgment shall have 
been rendered , and in case execution shall have been issued 



JUEISDICTIOX CEDED, 

at the time of the offering of such bond with security, the 
same shall be stayed bj order of the court, or judge in va- 
cation, on producing to the court or judge an affidavit of the 
offering of such bond and security. 

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

Approved February 2-1, 1S59. 



121 



AX ACl to amend an act entitled "An act to cede jurisdiction over land occupied In force Febftt- 
bv the United States for light houses, custom houses and other purposes," ap- arv 16, 1859, 
proved February 13, 1855. 

Section 1. Be it enacted ~by the People of the State of 
Illinois, represented in the General Assembly : 

Whereas by an act of the legislature of this state, approved Preamble 
February 13, 1855, entitled "An act to cede jurisdiction 
over lands occupied by the United States for light houses, 
custom houses, and for other purposes,*' exclusive jurisdic- 
tion and legislation was granted to the United States over 
the land situated at the south east corner of block one 
hundred and nineteen, in the school section addition to 
Chicago, being one hundred and twenty feet on Monroe 
street and running north one hundred and forty feet, the 
same width, as a site for a building or buildings, to be oc- 
cupied for a post office, 6ustom house, &c. ; and whereas 
the government of the United States, since the before 
mentioned act, has purchased an additional piece of land, 
immediately east of and adjoining the piece- of land here- 
inbefore described, being fifteen feet in width in front, on 
Monroe street, by one hundred and forty feet deep, of the 
width aforesaid; also an additional piece of ground, im- 
mediately north of and adjoining the tract hereinbefore de- 
scribed, being fifty-two feet wide in front, on Dearborn 
street, by one hundred and thirty-live feet deep, of the 
width last aforesaid, upon which the walls of the building 
in process of erection are, in part, situated ; and whereas- 
the government of the United States has purchased an 
additional piece of land, immediately north of and adjoin- 
ing the tract hereinbefore described, being fifty-two feet 
front on Dearborn street, by one hundred and twenty feet 
deep, the width last aforesaid upon which the walls of the 
building in process of erection are, in part, situated ; now, 
therefore, — 

Be it enacted, That exclusive jurisdiction and legislation Jurisdiction 
is hereby granted and ceded to the United States of America ceded - 
over the* two last described parcels of land, or of so much or 
such portions thereof as the United States of America have 
acquired or shall acquire title to, in as full manner and to 



122 



JURISDICTION CEDED. 



the same extent as in and by the act to which this is an 
amendment is ceded to the United States over the tract de- 
Ihfuished re ~ scr ^ De( ^ m tne SSi ^ act ? w ^ n the same relinquishment of tax- 
ation and assessment as therein provided. 

§2. That the same exclusive jurisdiction and legislation 
S g a ™nted righ to and exemption from taxation and assessment, as is granted 
fand in West and conferred by the act to which this is an amendment, is 
Division. hereby extended to lands and their appurtenances, not ex- 
ceeding in area two hundred feet square, at or near the cor- 
ner of Lake and Halsted streets, in the West Division of the 
city of Chicago, or any other tract of land in said division, 
of the same area, that has been or may be selected or pur- 
chased and conveyed, to be occupied by the United States 
for a post office, branch post office or other public office or 
building ; and a certificate of the secretary of the treasury of 
the United States, describing the lands so acquired or pur- 
chased, for the purposes aforesaid, duly recorded in the office 
of the recorder of deeds in Cook county, shall be exclusive 
[conclusive] evidence of the tract or parcel of land to which 
the rights herein granted shall apply. 
Same rio-hts §**• That the same exclusive jurisdiction an d legislation 
granted ° to and exemption from taxation and assessment, as is granted 
Division N ° rth anc ^ cou ferred by the act to which this is an amendment, is 
hereby extended to lands and their appurtenances, not ex- 
ceeding in area two hundred feet square, which have been 
or may hereafter be selected or purchased and conveyed, in 
the North Division of the city of Chicago, to be occupied by 
the United States for a post office, branch post office or other 
public office or buildings ; and a certificate of the secretary 
of the treasury of the United States, describing the lands so 
acquired or purchased for the purposes aforesaid, duly re- 
corded in the office of the recorder of deeds in Cook county, 
shall be conclusive evidence of the tract or parcel of land to 
which the rights herein granted shall apply. 
Process may be § ^' That all civil and criminal process, issued under the 
executed. authority of the said state of Illinois or by any officer there- 
of, may be executed on the premises that may be acquired 
or occupied for the purposes mentioned in this act, in the 
same manner as if jurisdiction had not been ceded. 
Public act. § 5. This act shall be deemed and taken as a public act, 

and shall take effect from and after its passage. 
Approved February 16, 1859. 



JURISDICTION CEDED LANDS. 123 

AN A CI' ceding to the United States jurisdiction over certain lands in the city of In force Febru- 
Cairo, Illinois. ary 18, 1859, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That jurisdic- 
tion of the lands and their appurtenances that have been or j„ r isdiction 
may be selected or purchased and conveyed, at or in the ceded. 
city of Cairo, Illinois, to wit: Block number thirty-nine, in 
the city of Cairo, Illinois, or any other lot or lots in said 
city, which may be conveyed to the United States, for the 
purpose of erecting a building or buildings for a United 
States court, post office or custom house, be and is hereby 
ceded to the United States of America : Provided, hoicever, Proviso. 
that all civil and criminal process issued under the authority 
of said state or any office thereof, may be executed on said 
land and in the buildings that may be erected thereon, in 
the same manner as if jurisdiction had not been ceded as 
aforesaid. 

§ 2. The lands above described, with the appurtenances, Exemption 
buildings, and other property that may be thereon shall for- from taxes. 
ever hereafter be exempted from all state, county and mu- 
nicipal taxation and assessment, so long as the same shall 
remain the property of the United States. 

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

Approved February 18, 1859. 



ection one 



AN ACT to amend an act entitled "An act to provide for the dedication of lots j n force April 
in towns situated on canal lands to public purposes." 26 1859! 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the first 
section of the act passed February 26, 1847, entitled "An c 
act to amend an act to provide for the dedication of lots in amended 
towns situated on canal land to public purposes," be so 
amended that any religious society or congregation may 
mortgage such lots to secure the payment of loans or debts 
contracted by such society or congregation for religious pur- 
poses, or for loans to pay any assessments made upon such 
lots by any city or town for opening or improving streets, 
and such society or congregation, by a vote of a majority of 
its members assembled at any regular meeting for the pur- 
pose, may and they are hereby authorized to vote any such 
loan or loans for the purposes aforesaid. 

Approved February 21, 1859. 



124 



LANDS LAWFUL AGE. 



In force Febru- AN ACT to provide for the recording of the original plats of school lands to per- 
ary 24, 1859. petuate the same. 

Preamble. Whereas, the school lands of this state, under the laws 
thereof, have been generally subdivided by the trustees of 
schools, without regard to any general system of survey; 
and whereas, the original plats, showing the metes and 
bounds of such surveys, and which are the only legal evi- 
dence thereof, and by [law are] required to be kept by 
the school commissioners, and are liable to be lost, defaced 
or destroyed, as the law provides no office or archives for 
their safe keeping; therefore, in order to perpetuate the 
same, 

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

Illinois, represented in the General Assembly, That it shall- 

Original plats "be the duty of each school commissioner in this state to re- 

e recor ec corc | - n ^ recorder's office of his county, all the original 

plats of school lands which now are or hereafter may come 

into his hands, which have not been recorded ; and it shall 

be the duty of the county commissioners' court or the board 

of supervisors, as the case may be, to issue orders upon the 

compensation, county treasurer in favor of such such recorder, to pay for 

such services. 

§ 2. This act to be in force from and after its passage. 
Approved February 24, 1859. 



In force Febru- AN ACT to declare Rufns P. Blossom of lawful age. 

arj 16, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Rutus P. 
deciared° SSO of Blossom, a minor, of Jersey county, in this state, is hereby 
lawful age. declared to be of lawful age, and capable of doing and per- 
forming any and all acts in his own name as we]] as if he had 
Proviso. attained the age of twenty-one years: Provided, that 

nothing herein contained shall be so construed as to allow 
the said Kufus P. Blossom to exercise the right of suffrage 
or to convey real estate until he has arrived at the age of 
twenty-one years. 

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

AppK.iVED February 16, 1851). 



LIENS — LIMITATION MANSLAUGHTER. 125 

AX ACT to secure the state a lien in certain cases. In force Febru- 

ary 19, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in, the General Asse?nbly, That here- 
after, whenever a suit is commenced by the state, either at Commence- 
law or in chancery, against any public defaulter, or against Seated Hei* 
any person or persons or corporation, for the recovery of 
any debt or any sum of money claimed to be due to the 
state, the commencement of said suit shall ereate a lien on 
the real and personal estate of the defendant or defendants, 
situated within any county in this state. 

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

Approved February 19, 1859. 



AX ACT relating to the law of limitation. I, force Ap ll 

_ L 1 559. 



Words defined. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in all 
acts and statutes in this state, entitled ''Limitations,"'' or re- 
lating to limitation of actions, wherein the terms ''the cause 
of such actions shall have accrued" or "action accrued" 
are used, such terms shall, in ail cases be construed and 
taken to mean and designate, that all actions to which said 
terms relate, shall be considered, deemed and taken to Lave 
accrued from and after the time when such actions mioht 
have been commenced upon any cause or causes of action, and 
from and after the time when any bond, bill or note matures, 
services judgment or decree are rendered, or any wr< ... 
trespass or injury has been committed upon which any suit 
or proceeding may be commenced, whether such cause of 
action arose or accrued within this state or not. 

§ 2. All laws and parts of laws inconsistent, or in con- Laws repealed. 
fli'ct with the previsions of the first section of a are 

hereby repealed. 

Approved February 19, 1859. 



AN ACT to amend the criminal code and increase the punis-bmem for - -. Febru- 

slaughter. . u ' y Lj 

Section 1. Be it enacted by the People of the 
Illinois, represented in the General Assembly, That in 
cases where a person shall be convicted of m; ter, Jury to fix 

the jury shall in their verdict fix the time which the party J;;Sonment im " 
found guilty as aforesaid shall be confined in the peniten- 
tiary, which shall be for natural life or any number of years, 
to be designated in the verdict. 



126 



MINING. 



Prior offences. 



Larceny. 



§2- 
named 



All offences committed before this act, except those 
in section three, takes effect, shall be punished, on 



conviction, as provided by the law in force at the time such 
offence was committed. 

§ 3. All indictments for larceny, where the property 
stolen does not exceed twenty dollars in value, shall be 
barred after seven years from the time of the finding: of the 
indictment. 

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

Approved February 19, 1859. 



In force April 
26, 1850. 



AN ACT to regulate mining. 



Section 1. Be it ejiacted by the People of the State of. 
Illinois, represented in the General Assembly, That upon com- 
Complaint. plaint being made, on oath, before any circuit judge, or, in 
the absence of a circuit judge, before any judge of the 
• county court of any of the counties of this state, by any 
person, the owner of any land or town lot adjacent to any 
lands, lots or grounds worked as lead, coal or iron mines, 
that the said person or persons, so making complaint, have 
reasonable grounds to suspect and do suspect that such 
miner or miners is trespassing upon the lands or lots of such 
person, so making complaint, it shall be the duty of said 
Judge to ap- judge to appoint some competent and suitable person to 
pomt examm- e | cseeiK l into said mines and make such examinations and 
surveys therein as may be necessary to ascertain whether 
such mines are worked upon the lands or lots of such person 
or persons making said complaint. 
Miners to per- § %• ^ snau * ^ e tne duty of such miner or miners to 
mit examina- allow such person, so appointed, at all reasonable times, to 
tlon - descend into said mines and make such survey or examina- 

tion as may be necessary to determine whether such mines 
are worked upon the property of the said person making 
such complaint or not; and any obstruction, knowingly and 
willfully placed in the way of such person, so appointed by 
the judge, with the intent to prevent his entry into any 
mines, rooms or galleries therein, and his examination of 
said mines, by any person or persons, their workmen, agents 
or servants, shall be punished to the same extent and in 
the same manner as is now provided by law for resisting a 
sheriff in serving legal process. 
Costs of sur- § 3. All costs and expenses attending said survey and 
ve - v - examination of said mines, under this act, shall be advanced 

the person making said complaint, who shall 
have the right to recover the same and have them taxed as 
costs in any action for the recovery of damages against such 



MONUMENTS — NAMES. 127 

miner or miners, in which he may receive damages for tres- 
pass in the working of such mines, and it shall be the duty 
of the court to tax such expenses in the bill of costs in any 
action where such damages may be recovered. 
Approved February 18, 1859. 



AN ACT to erect grave stones or monuments to the memory of deceased members In force Febru- 
of the legislature buried at Vandalia. ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the sum 
of two hundred dollars be appropriated from the state treas- Appropriation. 
ury, from any moneys not otherwise appropriated, to be 
applied to the purpose of erecting suitable grave stones or 
monuments over the graves of John Thompson, John B. E. 
Canal, Alexander F. Grant, Benjamin A. Clark and William 
McHenry, deceased, members of the general assembly, and 
who died during their membership, and were buried at 
Vandalia, Illinois. 

§ 2. That the state treasurer be authorized and required Treasurer to 
to pay the said sum of money, upon warrants issued by the PJ^ on war " 
auditor for that purpose; and the auditor be and he is here- 
by authorized and recpiired to issue said warrants, upon 
application being made by the proper person. 

§ 3. That Akin Evans, George H. Dieckman and Teds Commissioners 
Greatliouse, of Vandalia, be and they are hereby appointed 
commissioners to see that said sum of money [is] applied 
properly to the object expressed in this bill, and that they 
or one of them, to be selected by them, be empowered to 
draw said warrants for that purpose, and that they be recpiired 
to report immediately upon the completion of said stones or 
monuments, with an account of the cost and a description 
of the same, to the auditor of state. 

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

Approved February 21, 1859. 



AX ACT to change the names of certain persons therein named. In force Jan- 

° uary 26, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, r<j>r<:sent<:d in the General Assembly ', That ll 
of David Hengst and Reuben W. Hengst, be and the same Nameschanged 
are hereby changed to David Hent and Keuben W. llent. 

This act to take effect from and after its passage. 

Approved January 20, 1S59. 



12 S NAMES. 

In force Febrtt- AN ACT to provide for an easy and expeditious method of changing names, 
ary 18, 1S59. 

Section 1. Be it enacted l»j the People of the State of 
Illinois, represented in the General Assembly, That if any 

Petition. person, being a resident of this state, and having resided 

therein six months next preceding the term of court at which 
the relief herein provided for is sought to be obtained, .shall 
desire to change his or her name and to assume another 
name, by which to be afterwards called and known, such 
person may rile a petition in the circuit court of the county 
wherein he or she shall reside, praying for such relief ; and 
upon its appearing to the court that the conditions herein- 
after mentioned have been complied with, and there appear- 
ing no reason why the prayer should nut be granted, the court, 

Order of court, by an order, to be entered on its record, may direct and 
provide that the name of such person shall be changed, in 

infants. accordance with the prayer in said petition. Whenever any 

infant has resided in the family of any person for the space 
of three years and has been recognized and known as an 
adopted child in the family of such person, the application 
herein provided for may be made by the person having such 
infant in his family. 

What petition § ^. Such petition shall set forth the name then held and 

shall set forth, also the name sought to be assumed, together with resi- 
dence of the petitioner, and the length of time he or she 
shall have resided in this state, and shall also state the state 
or country of his or her nativity or suj j itivity, and 

be signed by the person petitioning, or, in case of minors, by 
the parent or guardian having the legal custody of said mi* 
nor; and said petition shall be verified by the affidavit of 
some credible person. 

v ,. , , S3. Previous notice shall be given of such intended ap- 

iNotice by pub- ,.° . , ,,.-,. . n , ... r 

lication.' plication, by publishing a notice thereof m some newspaper 

published in the county where such person shall reside, or, 
if no newspaper shall be published in said county, then in 
some convenient newspaper, published in this state ; which 
notice shall be inserted for three consecutive weeks, the first 
insertion to be at least six weeks prior to the first day of the 
term of the court in which the said petition is to be hied, 
and shall be signed by the petitioner, or, in case of a miner, 
his or her parent or guardian, and shall set forth the term of 
the court at which the petition is to be filed and the name 
sought to be assumed. 
f „ § -f. In all cases whenever, on application of any married 

vorce. * woman, a divorce from her husband shall be decreed, it shall 

be lawful for the court granting such decree, *to order, as a 
part of said decree, that from henceforth she shall be called 
and known by the name which she held and enjoyed prior 

Proviso. to her marriage to her said husband: Provided, such change 

is desired by said married woman and shall have been 
prayed for in the bill filed for such divorce. 



NAMES PAUPERS. 



§ 5. The act entitled "An act in relation to the change Act repealed, 
of names," approved February 25, 1817, is hereby repealed ; 
but such repeal shall not affect any case which has been 
commenced and is now pending, under the provisions thereof, 
but the same may proceed to iinal order and with the same 
effect as though this act had not been passed. 

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

Approved February 18, 1859. 



AN ACT to authorize the Board of Supervisors or County Courts to change the In force Apri 
names of towns and villages. 26, 1859. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, Thatin all of the 
counties of this state, where township organization has been Board of super- 
adopted, the board of supervisors shall have power to change JSJJ, change 
the name of any town or incorporated village in their resj^ec- names, 
tive counties, upon a petition of a majority of the voters of 
said town or incorporated village. 

§ 2. That in counties where township organization has County courts 
not been adopted the powers in this act conferred upon the 
board of supervisors be and the same are hereby conferred 
upon the county court. 

Approved February IS, 1859. 



AN ACT in relation to the poor of B own county. In force Feb'y 

1 J 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly* That each town Each town 
in Brown county, from and after the first day of April, A. P a ^ ex P enst - 
D. 1859, shall respectively pay the expense of the support 
of the paupers in such towns, until such paupers shall be re- 
moved to the poor house of said county of Brown, and shall 
also pay the expense of their removal to the poor house 
aforesaid, and that the bills for the support and removal to Bills - 
the pour house, aforesaid, of such paupers, shall be presented 
to the board of auditors of such towns, respectively, and 
allowed by said board and paid as other town expenses, and 
shall constitute a part of the town taxes of said t<:>wn? 
respectively. 

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

Approved February 24, 1859. 
—10 



130 PAUPERS. 

In force Febru- AN ACT to provide for the support of paupers in the county of Jo Daviess, 
ary 24, 1859. 

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

Illinois, represented in the General Assembly, That the sev- 

Townships au- eral townships in the county of Jo Daviess be and they are 

thorized to i iere |3y empowered to support all paupers residing within 

support pau- , . J *. ,. ., \ r » ,1 . f x ,i P r> 

pers. their respective limits, out ol the treasury thereoi: Pro- 

vided, that at the next election for township officers, to be 
held in the several townships in said county on the first 
Tuesday of April next, a majority of the legal voters of 
said county, voting at said election, shall vote in favor of 
such separate townships supports ; which vote shall be by 
ballot, written or printed, or partly written or partly printed, 
"For Township Support," or "Against Township Sup- 
port ;" which shall be canvassed and returned in the same 
manner as in cases of elections for county officers. 
Notice of elec- § 2. It shall be the duty of the clerk of the county court 
tion. f said county to give notice of the said election in the same 

manner as is provided for giving notice of general elections. 
Duties of over- § 3. That in case separate township support shall be 
seers of poor, adopted in said county, agreeably to the provisions of the 
first section of this act, then the overseers of the poor of the 
several townships, aforesaid, shall take charge of, maintain 
and support the paupers of their respective townships, in 
Expenses. manner as is now or may hereafter be provided by law : 
and all expenses incurred for such maintenance and support 
shall be considered a township charge : and it shall be the 
duty of said overseers to present to the board of township 
auditors of their respective townships, at each regular 
meeting thereof, a true account of all expenditures incurred 
under the provisions of this act, which shall be audited and 
paid. 
Provisions of § *• That the provisions of sections fourteen, fifteen and 
Revised Stat- sixteen, of chapter eighty, of the Eevised Statutes, entitled 
"ucaSe d eap " "Paupers," shall apply 'to and operate as between the sev- 
eral townships of said county, in the same manner as they 
do between the several counties of this state ; and if any 
person shall become chargeable in any township in said 
county, who has not resided in said county thirty days, then 
the overseers of the poor having such paupers in charge 
shall give notice thereof to the county clerk of said county, 
whose duty it shall be to give notice thereof to the authori- 
ties of the proper county, as in other cases; and the ex- 
Expense, penses of taking care of such paupers, when received from 
such foreign county, shall be paid into the treasury of the 
proper township. This act to take effect from and after its 
passage. 

Approved February 24, 1859. 



PATTERS. 131 

AN ACT to provide for the support of the poor in the county of McHenry, and In force Febru- 
to repeal an act therein named. ary 24, 1859. 

Section 1. Be it enacted by the Peoj)le of the State of 
Illinois, represented in the General Assembly, That it shall 
be lawful for the board of supervisors of the county of Mc- F " n ^. t t0 be set 
Henry to set apart a sufficient portion of the fund which 
shall be drawn from the sale of the swamp and overflowed 
lands of said county, or which shall be received from the 
general government or state for lands of that character, and 
appropriate the same for the purpose of purchasing a farm, T ° purchase 
not to exceed one hundred acres, and of making improve- 
ments and erecting necessary buildings thereon, for the sup- 
port and maintenance of the paupers of said county. 

§ 2. Said farm and buildings shall be subject to the con- Control of 
trol of the board of supervisors of said county, and shall be 
managed and carried on by any agent or agents that shall Agents, 
be appointed by said board, and subject to their control, and 
liable to be removed by the board for any good cause shown ; 
and the said board of supervisors may, if they deem proper, 
take bond, with securities, from such agent or agents, con- Bond, 
ditional for the faithful performance of his or their duties, 
such as are imposed by law, or shall from time to time be 
imposed by order of said board ; and upon the breach of the 
conditions of said bond, an action may be brought thereon 
by the said board in any court having jurisdiction thereof. 

§ 3. Such farm, when purchased and owned by the said Exemption 
county of McHenry, shall be held for the use of said county trora laxatl0n 
fur the support of the paupers thereof; and the same, with 
the improvements and buildings thereon, and ah necessary 
teams, stock, animals, tools, utensils and other articles of 
personal property, which shall be necessarily used tor the pur- 
pose of properly managing said farm, shall be free and ex- 
empt from taxation for any purpose whatever. 

§ 4. Whenever the said board of supervisors shall have Board o?- sb- 
purchased such farm and made the necessary improvements P er ™sors to 

■S -i i ini i .> ,f make an order 

thereon, so that the same shall be ready tor the use con- 
templated by this act, and the board of supervisors of said 
county shall make an order so declaring, and cause the same 
to be entered of record in the books of the clerk of the 
county. On the recording of said order, the act entitled "An 
act to provide for the support of paupers in Bureau and 
McHenry counties," approved February 10, 1853, so far 
as the same applies to the county of McHenry, shall be re- 
pealed and no longer in force in said county ; and all laws Act rep eaied. 
which were thereby repealed shall be renewed and in force 
in said county, as also all general and public laws since 
passed, or which may be hereafter passed, upon the subject 
of paupers in this state. 

§ 5. On the first Tuesday of April next after the passage Election, 
of this law, the legal voters of said county of McHenry shall 
vote, at their several places of holding town elections, with 



132 



PAUPERS POLICE MAGISTRATE. 



Returns. 



Sections in 
force. 



written or printed ballots, on which shall be written op 
printed "For Poor Law," or "Against Poor Law." Said 
election shall be conducted in the same manner as the elec- 
tions for town officers, and the canvass of the votes in the 
towns shall be in the same manner as votes for town officers ; 
and the returns thereof shall be made to the county clerk by 
the judge and clerk of the town election, in the same man- 
ner as is by law provided for general election returns, and 
shall be canvassed in the same manner as the returns of the 
election of county officers ; when, if it shall appear that a 
majority of all the votes cast at said election were "For 
Poor Law," this act shall take effect and be in full force ; 
but if it shall appear that a majority of said votes were 
"Against Poor Law," this act shall be of no force or effect. 

§ 6. Sections four and six of this act shall be in force 
from and after the passage of this act ; but no other section 
shall be in force until a majority shall have voted therefor, 
as above provided. 

Appro vei> February 24, 1859. 



In force April 
26, 1S59. 



Jurisdiction 
extended. 



Additional ju- 
risdiction. 



AX ACT to extend the jurisdiction of the Police Magistrate of Mound City. 

Section 1. Be it enacted by tie Peoj)le of the State of 
Illinois, represented in the General Assembly, That the police 
magistrate in and for Mound City, in the county of Pulaski, 
shall have jurisdiction to hear and determine all complaints, 
suits and prosecutions mentioned and described in section 
17, of chapter 49, entitled " Justices of the Peace and Con- 
stables," of the Kevised Statutes, in which the amount 
claimed to be due does not exceed three hundred dollars. 

§ 2. Said police magistrate shall have jurisdiction to 
hear and determine all complaints, suits and proceedings, in 
all debts in which the action of debt, assumpsit, trover, re- 
plevin or trespass upon personal property, all actions on the 
case, excepting libel and slander, will be [lie] in which the 
amount claimed to be due does not exceed three hundred 
dollars. 

Approved February 24, 1859. 



PEACTICE. 



m 



AN ACT in relation to practice ia the Supreme Court. In force Febru- 

ary 4, 1859. 

Section 1. Be it enacted by the people of ike State of 
Illinois, represented in tlie General Assembly, That hereafter Appeal bonds. 
no appeal to the supreme court shall be dismissed by reason 
of any informality or insufficiency of the appeal bond, if the 
party taking sucli appeal shall, within a reasonable time, to 
be fixed by the court, file a good and sufficient appeal bond 
in such cause, to be approved by said court. 

§ 2. Clerks of the circuit courts may, by the agreement Clerks ma > *p 
of parties, made at the time ot praying the appeal, and en- 
tered of record, approve of the security offered upon such 
bond, and such approval may be made in term time or va- 
cation. 

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

Approved February 4 , 1859. 



prove seem 

ty. 



AN ACT in relation to practice in the courts of this state. In force Febru* 

ary 19, 1859. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That it shall 
be the duty of clerks of courts of record in this state to en- Duty of clerks, 
ter of record all orders, judgments and decrees of their said 
courts, before the final adjournment of their respective courts, 
at each term thereof, or as soon thereafter as practicable. 

§ 2. Any clerk of a court of record in this state*, who shall ^j^f ned °" 
fail to enter all the orders, judgments and decrees of his said 
court, of record, by or before the next succeeding regular 
term of the court of which he is clerk, shall be fined by the 
said court of which he is clerk not exceeding one hundred 
dollars, and for a second offence his office shall be declared 
vacant, by an order of said court, and his successor appointed 
as now required by law to fill vacancies in his office. 

§ 3. It shall be lawful, in all cases taken by judges of the cir- Cases under 
cuit court under advisement, to enter of record their decisions advisetnen f - 
and judgments or decrees in vacation, or after the adjourn- 
ment of said court; but no such decisions, judgments or de- 
crees shall be final until the next succeeding term of such Not be final un- 
court, unless there shall be an express stipulation entered of tu next term - 
record at a preceding term of such court that such decision, 
judgment or decree shall be entered as of such prior term ; 
in which latter case the clerk shall enter the same according- 
ly, and the same shall be in full force and effect as of such 
prior term of such court. 

Approved, February 19 ? 18S9. 



134 RAILROAD RECOGNIZANCES RECORDS. 

I>i force Febru- AN ACT surrendering title and interest of State in the track of a certain railroad 
ary 21, 1859. to certain persons, for railroad purposes, therein named. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Right of state state of Illinois hereby surrenders to "William Shepherd, 
surrendered. Castle E. Harrison ancl George R. Stocker, lor the use of 
the Jacksonville, Alton and St. Lotus Railroad Company, 
to be used tor the purpose of said railroad, and for no other 
purpose, all the right, title or interest she has in the track, 
grade, right of way, or other privileges or appurtenances of, 
in or belonging to so niuch of the Alton and Springfield 
Railroad, as lies between the St. Louis, Alton and Chicago 
Railroad, in township five north, range ten west of the third 
principal meridian, extending through the town of Upper 
Alton, to the eastern limits of the citj T of Alton, in Madison 
county ; and the said William Shepherd, Castle R. Harrison 
and George R. Stocker. for the use aforesaid, and for the 
purposes aforesaid, are hereby authorized to take, use and 
enjoy all such rights, interests, claim or demand of this state 
in the work or material of that part of the road above de- 
scribed as is now belonging or appertaining to the state. 

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

Approved February 21, 1859. 



In force April &R ACT in relation to Forfeited Recognizances. 

26, 1859, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in all 
Additional fee. cases of forfeited recognizances in the courts of this state, 
where the forfeiture is set aside at the instance of the de- 
fendant or defendants, except where such forfeiture has been 
erroneously or irregularly entered, in addition to the ordi^ 
nary costs, the sum of five dollars shall be taxed, as a fee te> 
the state's attorney, and; collected as other costs. 

Approved February 21,. 1859, 



In force Febru-* ^- N A^T. to- authorize certain record's to be transcribed, 

ury 22, 1859. 

Section 1. Be it enacted by the JPebple of the State of 

Illinois, represented in the General Assembly ', That it shall 

e i.tj court De the-duty of the county court of Christian county to pro- 

books. pr ° Vlde ^de a sufficient number of biank books, substantially bound 

and suitable for recording deeds, which books, when pro- 



RECORDS. 135 

vided, shall be delivered to the clerk of the circuit court of 
Christian county, who shall receipt for the same. 

§ 2. As soon as such books shall have been delivered to i £JJj^iE k ° 
said circuit clerk, he shall in due time proceed to all re- C ords> 
cording offices in this state where deeds or oth^r title papers 
for lands lying within the said county of Christian have 
been by law required or permitted to be recorded, or 
where such records may be deposited or kept> and shall, 
from the books of said offices, make out and record in a fair 
and legible manner, in the books furnished him for that 
purpose, all deeds and title papers for lands lying in the said 
county of Christian, which have been recorded in any such 
recording offices as aforesaid • after which said circuit clerk 
shall make a certificate at the end of each book that the 
same was correctly copied. 

§ 3. The said circuit clerk in transcribing the deeds and Notes, 
title papers aforesaid, shall immediately after transcribing 
each deed, title paper and acknowledgment, note in said 
book at what time, in what office, book and page the same 
was originally recorded. 

§ 4. When said transcript shall have been completed and T ^2o?ded t ° 
certified by said clerk as aforesaid and deposited in said 
clerk's office, in said county of Christian, they shall to all in- 
tents and purposes be considered as books of records of 
deeds and title papers for the said county of Chiristian, and 
copies of such transcribed deeds and title papers, certified 
by the recorder of Christian county, shall be evidence in all 
courts in this state in the same manner that copies of deeds 
and other title papers regularly recorded in the recorder's 
office of said county are evidence, and with the like effect. 

§ 5. It shall be the duty of all recorders and other persons Duty of re- 
who may have the care, custody or control of any of the corders > 
books in which deeds and other title papers to lands lying 
within the county of Christian have been recorded, to per- 
mit said clerk to make transcripts of all and every such 
deed and title paper, and for that purpose to have access to 
and the use of the books in which such deeds or title papers 
may be recorded. 

§ 6. Upon the completion of said transcribed records Compensation, 
aforesaid, by the clerk aforesaid, the county court of said 
county of Christian shall make an order on the treasury of 
said county in favor of said clerk, for his services, at and 
after the rate of ten cents for every one hundred words con- 
tained in said transcript; which said order shall be paid as 
other county orders are now by law required to be paid. 

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

Approved February 22, 1859, 



136 



RECORDS* 



In force April 
26, 1S59. 

Preamble. 



AN ACT to legalize certain transcribed records in Macon county. 



Whereas certain of the records of deeds, bonds, mortgages 
and other instruments of writing, required by law to be 
recorded in the office of the recorder of the county of 
Macon, were in danger of being lost, and being destroyed 
by means of the insufficiency of the books in which they 
were contained ; and whereas, by order of the county 
court of said county j Joseph. Q. A. Odor, clerk of the 
circuit court of said county, has transcribed, and caused 
to be transcribed under his supervision, the records con- 
tained in the old books in said recorder's office, marked 
and lettered "A," "B," "C,'' "D," U E," and «F," and 
has recorded the same in a large, and well bound book, 
marked and lettered U A"; and has transcribed, and. 
caused to be transcribed, into a large, and well bound book> 
marked, and lettered "PI," the records contained in the 
old book in said office, marked aud lettered " H "; now, 
therefore. 

Section 1* Be it enacted by the People of the /State of 
Illinois, represented in the General Assembly, That the tran- 
Transcripts de- scribed records, contained in record books, marked and let- 
tered " A," and " H," as aforesaid, are hereby declared to 
be substitutes for the original, records made in said county, 
as follows, to-wit : Book "A," of the original books in 
said office marked " A," " B," « C,' 5 "D," " E 5 ' and "F," and 
book "11" of the original book, marked "E" 
Certified copies § 2 - ^ e ^ further enacted, That certified copies of 
to be evidence, the instruments, recorded in said " Transcribed Records ' 
shall be made whenever required, and shall be received and 
taken as evidence, in all cases where copies from the 
original books in said office would have been so taken and 
received. 

§ 3. Be it further enacted, That it shall be the duty of 
said J. Q, A. Odor, clerk, &c, as aforesaid, to write in each 
of said books of transcripts a certificate to the effect that 
the same are full, true and perfect transcripts of the said 
books therein transcribed, and shall file copies of said cer- 
tificates in the office of the clerk of the county court of said 
county ol Macon ; from and after which, this" act shall be in 
force and a public law. 

Approved February 4, 1859. 



Glared 
stitutes. 



sub 



Certificate,; 



In force Febru- AN ACT to restore the records of Wabash county; 

ary 16, 1859. 

Section 1; Be it enacted by the people of the /State of 
Finney D.Pres- Illinois, represented in the Genral Assembly, That Finney 
JonnnSsionS D< Preston, of Richland county, be and he is hereby ap* 



kEcoBbs. 137 

pointed a commissioner, and as sneli shall have power, upon 
giving thirty days' previous notice of the purpose of said 
commissioner, in some newspaper printed in the said county 
of Wabash, if one be published, and if none, then in the 
next nearest published to said county, and shall proceed, at D llt i eSi 
Mt. Carmel, the seat of justice of said county of Wabash, 
in the state of Illinois, to take proof of the contents of all 
records, instruments and legal documents which were de- 
stroyed by fire in the court house lately burned in said 
county, at the instance and request of the parties interested 
therein, and, as such commissioner, shall have power to 
compel the attendance of witnesses when requested or re- 
quired by the parties interested as aforesaid. And the proof Proof to be re; 
so taken shall be entered of record in suitable and well corded - 
bound books, to be provided by the said county of Wabash, 
and when so recorded and certified, shall be placed in the 
respective offices where the original records respectively 
belonged before their said destruction ; and when so taken 
and recorded and placed in the said offices as aforesaid, shall 
be deemed and regarded as prima facie evidence of the To be prima 
contents of the said original records as aforesaid, and lacie eTlclence 
shall moreover be taken and held, or the duly certified 
copies thereof, in all courts and places in this state : Pro- Proviso. 
vided, that the destruction of said original records or any of % 
the acts and doings of said commissioners shall not be 
deemed or held to impair any legal rights that the said par- 
ties interested might otherwise have in the premises. And 
the said commissioner shall receive the sum of five dollars Compensation, 
per day for each day actually employed in taking of said 
proofs as aforesaid, to be paid out of any moneys in the 
state treasury, not otherwise appropriated. 

§ 2. James S. Johnson, of Wabash county, be and he is j. g. Johns*..': 
hereby appointed secretary to the said commission ; also, appointed se 
shall) at the expense of the said county of Wabash, provide cretar - ■ 
an office room in the court house of said county, and who 
shall, when required by the said commissioner, enter of re- 
cord in suitable well bound books, as aforesaid, all proofs Rh&n record 
taken of the contents of said original records, instruments 1)! ' 00 ■ 
and documents destroyed as aforesaid, and when done, shall 
place on file in the said offices respectively the said books 
containing the proofs of the contents of the said original re- 
cords destroyed as aforesaid, and when so taken, recorded 
and filed by the said secretary > shall be deemed and taken 
as prima facie evidence of the original contents of said re- 
cords, destroyed as aforesaid; and the said secretary shall 
receive for his services the sum of three dollars per day for Compensation 
each day actually employed, to be paid as provided for in 
the case of the said commissioner: Provided, that the whole Proviso. 
sum to be thus drawn shall hot exceed two thousand dollars. 

§ 3. The said commissioner or secretary, or either of 
them, shall have power to swear witnesses that may appear 



138 RECORDS. 

P swear wit De f° re sa ^ commissioner to testify with reference to the 
nesses. contents of the original records destroyed as aforesaid, and 

the said commissioner and the said secretary shall each, be- 
fore entering upon their respective duties, take and subscribe 
to an oath conditioned for a faithful performance of their 
Oath. trusts, which said oath, when so taken and subscribed, shall 

be entered of record in the first book opened for the record- 
ing of said proofs. 
Vacancy. § 4. Should either or both of said commissioner or secre- 

tary vacate their said positions by death, resignation or refusal 
to serve, then and in that case it shall be competent for the 
circuit judge presiding in the 12th judicial circuit at the time 
such vacancy may occur to appoint in his or their stead 
suitable and competent person or persons, who shall possess 
the same powers and perform the same duties conferred and 
required by this act in relation to said destroyed records. 
Judge to cer- The said judge shall also certify to the number of days ac- 
tity service, tually employed by the said commissioner and secretary as 
Proviso. aforesaid : Provided, also, that the said commissioner shall 

commence, should he be requested or required by the par- 
ties interested therein, to proceed with the business of said 
commission in the taking and recording of said proofs by 
the first day of July, A. D/1859, and that he be required 
by this act to discontinue the same at the expiration of one 
year from the said first day of July, 
Constables and § 5. Constables of said county of Wabash and sheriffs 
powered e ™o °^ a uy c °mity in this state also are by this act empowered 
serve process, to serve process, and witnesses who may attend as aforesaid 
Pees. shall be allowed the same fees and compensation as are now 

allowed by law in civil cases in this state, which said fees 
and compensation shall be taxed against and recovered from 
the parties interested therein and who request process to 
issue and witnesses to attend to testify as aforesaid. 

§ (3. This act shall take effect from and after its passage. 
Approved February 16, 1859, 



In force Febru- AN ACT to restore to Wabash coulltr certain books, 

ary 9, 1859. 

Preamble. Wliereas, on the 5th day of April, A. D. 1857, the court 
house at and for the county of Wabash was destroyed by 
fire, together with all the records, books, papers, &c., be- 
longing to said county ; therefore, 

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

Illinois, represented in the General Assembly, That the sec- 

8ecretary of retary of state be required to inquire into the loss of 

^fbools! 11 ™' tne sai( * hooks, pertaining and belonging to the said 

county of Wabash, destroyed as aforesaid, and that the sec- 



KECOKDS 

retary of state be required, as soon as practicable, to forward 
to the county clerk of said county a full set of the statutes 
and journals of the house and senate, reports of the de- 
cisions of the supreme court of the state of Illinois, for the 
use of said county. 

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

Approved, February 19, 1S59. 



139 



AN ACT to restore the records of the City of Cairo, Illinois, In force Febru- 

ary 18, 1859. 

Whereas the city hall, court room and office of the register Preamble, 
of deeds, at, in and for the city of Cairo, was, on the 
eighth day of December, A. D. 1858, consumed by fire, 
with all the records and proceedings of the corporate 
authorities of said city, the records of judgments, decrees 
and files of the court of common pleas of said city, and 
the records of deeds registered and recorded by the said 
register of deeds therefor, together with all other docu- 
ments relating to the offices aforesaid or contained in the 
archives thereof; therefore, 

Section 1. Be it enacted by the People of the state of 
Illinois, represented in the General Assembly, That it shall 
be lawful for the mayor of said city, and he is hereby author- Mayor to certi- 
ized to certify, under his hand and official signature, any } 01 
and all ordinances of said city preserved by him in any 
manner, and which were in force at the time of said confla- 
gration, and deliver the same to the city clerk, whose duty 
it shall be to record and enter each of said ordinances 
respectively in their order of record, in the book or record 
containing or purchased for the purpose of entering up the 
proceedings of the council of said city, and said record 
when so entered upon said book shall be taken and consid- 
ered, and are hereby declared prima facie evidence of their 
having been duly passed, published and in force from the 
time of the passage and publication thereof, and according 
to their purport, tenor and effect. 

Be it further enacted, That the record aforesaid, or a Transcript to 
certified transcript thereof, under seal of the city clerk, shall, eviSen™/" 016 
in all cases, when relative to any issue or question, be in 
the first instance, competent testimony in any and all courts 
of this state to establish, prima facie, the validity and con- 
tents of said ordinances, and shall be regarded and adjudged 
to have been in force, unless by competent proof the contrary 
is proven, from the time they respectively purport to have 
been passed, or from the time they shall be certified by said 
mayor to have been passed up to and until repealed by the 
city council in due form of law. 



1^0 RECORDS* 

Process and or- § 3. Be it farther enacted, That in all cases where any 
ders of court judgment or decree has been heretofore rendered and entered 
r.ieas. C ° mmon up upon the records of the court of common pleas anterior 
to the January term thereof, A. D. 1859, and in all cases 
where there has been any precipe, declaration, plea, or other 
paper pertaining to any cause tiled therein, and any party 
interested therein shall desire to preserve or establish for 
future use any such judgment, decree, precipe, declaration, 
plea or other tile or proceeding as evidence, it shall be 
lawful for the said party so interested, to make out and iile 
With the clerk of the court of common pleas a written state- 
ment of all the material facts relative thereto, duly sworn to 
by him, setting forth, as near as may be, the time when the 
proceedings were had or made or entered up, or paper filed, 
and contents thereof, and praying that the same be entered 
of record; and upon the filing thereof with said clerk, it 
shall be his duty to issue a process in the nature of a scire 
facias against the opposite party or parties, requiring them 
to appear on the first day of the next term of said court and 
show cause why the said proceedings and statements should 
not be entered of record; and upon the return of said pro- 
cess, served either personally or by publication for four 
weeks, the first of which shall have been sixty days before 
the term at which said application is to be heard, it shall 
be lawful for said court, (on failure of defendant or defend- 
ants to appear and answer said process,) to order that said 
application, so made, shall, with the facts, as therein se*t 
forth, be entered of record upon the records of said courts 
and the same, when so done, shall be prima facie evidence 
of the truth of the facts therein stated. 

a. .. ■. ,, ' § 4. Be it further enacted. That in case the defendant 

statement of <- n ,, , . » , ,, .' . ., , 

defendant. or defendants shall appear, m answer to said process, he 
shall be required, by rule of said court, to file his written 
statement, duly sworn to, relative to the matters set up by 
the applicant or plaintiff, and responsive to the matters 
alleged against him, and if he deny any portion of the same, 
he shall give his statement as to the truth of the facts con- 
nected therewith, and in case the parties agree to any state 
of facts, the same shall be entered up of record, and be con- 
clusive as between them and those claiming under them; 

Plaintiff may Dnt m case tne applicant insists Upon the truth Of his State- 
traverse de- ment and fails to amend his application in conformity to 
s\ver ant S an " defendant's answer, denying the same or any part thereof, 
or setting up other facts, he may traverse defendant's answer, 
or any part thereof, and the issue so found, may be tried by 
tried. the court or jury, upon hearing parol or other testimony 

relative thereto, and the true facts from the proofs thus 
obtained, shall be entered of record, in said court, and be 
conclusive upon the parties and privies thereto. 
Judgments and § 5. Be it further enacted, That in all cases where the 
existence of any judgment or decree shall be established in 



executions. 



EECOEDS, 1J-1 

either of the foregoing methods, it shall be lawful for the 
party entitled thereto to have an execution issued, as if 
upon the original judgment or decree, and for the amount 
appearing to be due thereby, and costs; and said judgments 
and decrees, and the right to have executions shall be evi- 
denced as aforesaid, and the parties thereto shall have all 
the rights, titles and liens, as under the original judgments 
and decrees, of which said orders are the evidence. 

§ 6. Be it further enacted. That in case the order of any Fee bin. 
applicant, as prayed, be entered up without any issue or 
contest, it shall be lawful for the clerk of said court to issue 
his fee bill against said applicant for the amount of costs 
accrued, in case the same be not paid by him, as said pro- 
ceedings are had; but if defendant appear and traverse, 
deny or contest in any manner the truth of the matters set 
forth in the applicants statement, the costs of said proceed- 
ing shall be taxed against the unsuccessful party. 

§ 7. Be it further enacted, That in all cases where an Record to be 
application of this kind, as set forth in the four preceding P r ^ a facie 
sections, any judgment or decree shall have been established, 
or any state of facts shall have been found true, and ordered 
to be spread of record, the same as therein set forth, shall 
be deemed prima fade evidence of their existence and truth, 
in all manner of proceedings in any of the courts of this 
state, whenever the same may be offered relative to any 
issue, and certified transcripts of said records so made shall 
be competent testimony in all the judical tribunals of this 
state, to establish prima facie the truth of the tacts recited. 
or the existence of said judgments and decrees. 

§ 8. Be it further enacted, That the register of deeds of, Deeds, title pa- 
in and fur the city of Cairo, and township 17 south, of range Sts^ C ° U 
one, west, in Alexander county, be and he is hereby author- 
ized to obtain from Cairio city j^roprietors, any and all deeds, 
title papers and contracts, pertaining or in any manner 
having reference to the title of property within said town- 
ship, made and entered into previous to the date of tiling 
the original plat of the city ot Cairo, as the same was laid 
out by Messrs. Taylor and Davis, trustees, and upon obtain- 
ing the same, it shall be his duty to transcribe and record a 
correct transcript thereof in a book obtained for said purpose, 
noticing especially the time when such deed or other paper 
was filed for record, or recorded in the proper office, and 
said book, entries or transcript shall be deemed and is hereby 
declared a public record, and certified copies thereof shall 
be deemed competent evidence in all courts of this state, for 
all purposes, the same as from the original record thereof, and 
said deeds and title papers shall be deemed to take etfect and 
be notice to all persons from the date of the original filing 
for record, and in case the same were not marked filed, of the 
date when filed, the same shall be notice from the date of 
being recorded, as. evidenced by the record herein authorized 



142 RECORDS. 

to be made: Provided, that in all cases where any of said 
deeds have been recorded by the county recorder the rights 
of all parties with reference thereto shall remain the same 
as if this act had not been passed — giving, however, to the 
record made under this act equal force and effect with the 
original deeds or records. 

Public notice. § 9. Be it further enacted, That it shall be the duty of 
the said register of deeds, immediately upon the passage of 
this act, to give public notice by posting up the same in 
writing, at three of the most public places in Cairo, and also 
by publishing the same in some newspaper of said city for 
four consecutive weeks, to all persons concerned, that the 
registry book containing records of deeds for said city, have 
been consumed by lire, and that he is authorized by law to 
receive, examine and rehle and again record ail deeds and 
title papers and mortgages, concerning or having reference 
to real estate or personal properly within the said city and 
township, and which have been recorded or are entitled to 
be recorded, and that he will, on some day, not less than four 
weeks from the posting and publishing said notice, arrange 
said deeds, papers, mortgages, &c, in the order of time in 
which they were originally tiled for record, for the purpose 
of having them again entered in the registry of deeds, pro- 
vided for said purpose, and requesting all persons to deposit 
their deeds' mortgages, &c, on or before said day named for 
said purpose. 

,, , r ., v< 10. Be it further enacted, That it shall be the duty of 

Duty 01 the ,o- , •> . .. . , . , , „J , 

register. said register ol deeds, on or immediately alter said day nxed, 
by the above mentioned notice, to proceed and enter of record 

Title papers to a ^ tne d ee( ls, mortgages, title papers, etc., of every kind, 

be recorded, entitled to be recorded under the laws of this state, in the 
order of time in which they were originally tiled for record, 
noticing and particularly recording the hie remarks upon 
each, if there be any, and if any of said papers have not 
before been tiled for record, he shall mark the same filed 
as of the day it was so tiled, and enter and record the same 
in its order of time, and all deeds and papers so deposited 
shall take eii'ect and be deemed notice from the time it shall 
have been originally filed, and certified transcripts of the 
register made under this act shall be deemed competent 
evidence and have the same effect as the original record 
thereof, or as certified transcripts of the original. 

,,,, ... & 11. Be it further enacted, That in all cases where the 

where or lu-ii! ill .<-..., > J -. , ., . , 

papers have original title papers, deeds, mortgages or other instruments 
been destroy- hay^ been destroyed and no record remains thereof, it shall 
be lawful for the party interested to proceed by scire facias 
in the same manner to establish the existence of said deed 
or other papers, and their contents, as is provided in sections 
from three to seven of this act, relative to judgments and 
decrees, as also the ordinances of the city of Cairo furnished 
by the mayor above mentioned to the register and city clerk, 



RECORDS. 14 ?, 

and parol testimony shall be competent to prove and estab- 
lish the same in the first instance, and when the same has 
been established, entered up andrecorded, said records shall 
be prima facie evidence of the facts therein contained. 

§ 12. Be it further enacted, That this act shall be in 
iorce from and after its passage: Provided, that from and Pr. 
after two years no scire facia* shall be sued out under the 
provisions of this act, but all processes sued out within two 
years may be prosecuted to the final determination thereof. 

§ 13. Be it further enacted, That for the services under Fees, 
this act for recording deeds, cv;c., the register shall be entitled 
to fees the same as the count}' recorders for like services, 
to be paid by the parties : J J /vcided, that for transcribing 
the records furnished by the Cairo City Company on request, 
as also the ordinances of the city of Cairo, furnished by the 
mayor above mentioned, to the register and city clerk, he 
shall be entitled to such compensation only as may be all' >wed 
by the city council of Cairo and for services done under 
sections from three to seven, inclusive, of this act, the clerk 
of the court of common pleas shall be entitled to fees the 
same as for like other services rendered in said court, to be 
paid by parties to suits. 

;; 1-i-. Be it further enacted, That in all cases where par- Title papers 
tie- holding deeds or title papers to real estate within said befn^e-fiiecT 
city or township have, since the destruction of records in 
this act mentioned, and before the passage hereof, refiled 
their deeds, title papers, securities or liens, for the purpose 
of being again recorded, and the same have been accord- 
ingly reregistered, the same shall take effect, and to all 
intents and purposes, operate in like manner as if tiled end 
recorded in pursuance to the notice above required to be 
given. 

§ 15. Be it further enacted, That the secretary of state, The secretan- 
be and he is hereby authorized to furnish from the books in ° f . s * a l e *° 

, . , , " . . ,-, . . , iurnish books. 

his possession belonging to the state, two copies ot the stat- 
utes, and of each volume of the reports of the supreme 
court, to replace those destroyed by said fire, and that the 
sum of three hundred dollars be appropriated for the further 
purpose of purchasing the record books in which to record 
the several instruments, records, judgments, &c., herein 
authorized to be restored; said sum to he paid upon the 
warrant of the auditor, drawn in favor of the mayor of the 
city of Cairo, for the time being, and to be appropriated by 
him for said purpose. 

Approved February 18, 185f». 



144 RELIEF. 

In force Febru- AX ACT for the relief of certain persons in the American Bottom, 

my 24, 1859. 



Preamble. 



Whereas the actual settlers in the counties of St. Clair, 
Madison, Monroe, Randolph, Jackson, Union and Alex- 
ander, on the Mississippi bottom, at the time of the high 
water, in June, 1858, have suffered much loss and damage 
by the inundation of their farms, the sweeping away of 
fences, drowning of stock, and the destruction of other 
property ; and whereas, this general assembly is im- 
pressed with the propriety and justice of relieving them 
from the payment of taxes for the aforesaid year, thereby 
encouraging the reimprovement of that interesting sec- 
tion of our state; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all 
taxes levied for state or county purposes, in the year 1858, 
on the property of any person or persons who were resi- 
dents of the county in which they claim relief, immediately 
preceding the overflow of the Mississippi river, during the 
summer of the year 1S5S, and whose farms or improve- 
ments were submeiged, and whose crops were damaged or 
destroyed by said high water, be and the same are hereby 
remitted and relieved ; and if any such taxes shall have 
been paid, the same shall be refunded to the person or per- 
sons entitled thereto: Provided, that application therefor be 
made to the collector prior to the first day of June next, 
and if application for the refunding of said taxes be not so 
made, then it shall be the duty of the collector to pay over 
the same, or the portion thereof remaining in his hands at 
that time, as is required by the revenue laws of this State. 
§ 2. It shall be the duty of the collector of the several 
counties mentioned in this act, to make out and submit to their 
respective county courts, at the June term thereof, a written 
statement setting forth the names of the persons whose taxes 
have been remitted under this act, a description of the pro- 
perty, and the amount of taxes so remitted, opposite the 
respective names, in a like form and maimer as said taxes 
may be charged on his tax books; the correctness of said state- 
ment shall be verified, and the amount €iereon allowed in 
like manner as abatements for insolvencies, errors &c, are 
allowed, which statement shall be filed in the office of the 
county clerk. 
To whom this § 3. The provisions of this act shall not apply to any 
act shall apply person or persons unless the greater part of their improve- 
ments excepting buildings, were submerged by said high 
water. 
Certified copy. § i. It shall be the duty of the secretary of state, im- 
mediately after the passage of this act, to forward a certified 
copy thereof to the county clerk of each county to which it 
refers, and upon the receipt of such copy, the clerk shall 
notify the collector, who shall proceed to discharge the 
duties required herein. 



Duty of 



RELIEF. 



145 



§ 5. The provisions of this act shall apply only to the Counties 
several counties named in the preamble to this act, and to no which a 

Others. Pres- 



to 

lick act ap- 

others. P lies - 

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

Approved February 24, 1859. 



AN ACT for the relief of George W. Cassidr. In force Febru . 

, TT1 , ary22, 1859. 

Whereas, on the 30th day of May, A. D. 1845, one George Preamble . 
W . Casbidy entered in the omce oi the auditor of public 
accounts a certain tract of land, viz : the south-west quar- 
ter of the south-east quarter of section nineteen (19) 
township twenty-six (26) north, range twelve (12) west 
2d principal meridian, containing forty acres, and paid 
into the state treasury therefor the sum of one hundred 
and sixty dollars ; and whereas, after such entry, the title 
of the state of Illinois in and to said land entirely failed 
so that such entry did not vest any title in said Cassidv ' 
therefore, J ' 

Section 1. Be it enacted by the People of the State of 
lUinois^represznted in the General Assembly, That the trea- Treasurer to 
surer oi the state of Illinois pay to George \V. Cassidy the ?**' 
sum ol two hundred and ninety-two dollars out of any 
money not otherwise appropriated. 

, §-?.;, Tnis act t0 be in force fr° m an d after the passage of 

the bill. l ° 

Approved February 22, 1859. 



AN ACT for the relief of John Crenshaw. In force Febru> 

Whereas there was a public sale by the state of Illinois, Preamble 
some time m the fall of 1841, of the ties and timbers pre- 
pared tor the construction of the Shawneetown and Alton 
railroad, at which sale John Crenshaw became the pur- 
chaser of a certain lot of said timber, deposited at the 
Cypress mills on said contemplated road, in Gallatin 
county, state of Illinois, at and for the sum of $1,250, and 
by the terms of said sale the said Crenshaw paid at the 
time, m cash, $250, executing his promissory note, to- 
gether with one Edgar Bogardus, for $1,000, upon which 
note a judgment was entered against John Crenshaw by de- 
fault, who was impleaded with Edgar Bogardus for the 
sum of $1,243 33 cents ; and whereas the said timber, so 



146 



Release. 



EELXEE. 

purchased by the said Crenshaw, was unavoidably con- 
sumed by fire, thereby depriving the said John Crenshaw 
from any benefit whatever from said purchase ; and 
whereas, also, John Crenshaw had a contract for the con- 
struction of a depot on the said contemplated road, at 
Equality, Gallatin county, and that on or about the fall oi 
1841, said Crenshaw lost by the firing of said depot by an 
incendiary, $3,000 worth of timber, lumber, &c, for the 
construction of the same, for which loss the said Cren- 
shaw has never received any remuneration from the state ; 
now, therefore, 

Be it enacted hy the People of the State of Illinois, repre- 
sented in the General Assembly, That John Crenshaw be and 
is hereby forever released from the payment of the judg- 
ment rendered against him in the Sangamon circuit court, 
in favor of the people of the State of Illinois, for the sum 
of $1,243 33, on the 16th day of November, 1847, which is 
the same mentioned in the preamble. 

This act to take effect from and after its passage. 
Approved February 5, 1859, 



In force Febru- AN ACT for the relief of Charles Cuqua, Sheriff and Collector of Wabash coun- 
ary 21, 1859. ty, and of George Musick, Sheriff and Collector of Logan couutv. 



Preamble, 



Whereas, the court house of the county of Logan was destroy- 
ed by an accidental fire on the 15th day of April, 185T, and 
by such fire the assessor's and collector's books, papers and 
unpaid receipts for taxes were consumed, while in their 
usual and customary place of deposit, and without any 
fault or neglect on the part of said George Musick, then 
sheriff and collector ; and whereas the court house of the 
county of Wabash was, on the 5th day of April, A. D. 
1857, consumed by fire, without the fault or negligence of 
said Charles Cuqua, then sheriff and collector of said 
county, and in said fire the assessor's and collector's 
books of said county, together with unpaid tax receipts, 
while in their usual and customary place of deposit, were 
destroyed; and whereas the said George Musick, as 
such sheriff and collector of Logan county, stands charged 
upon the books of the auditor of public accounts with the 
sum of sixteen thousand six hundred and twenty-eight 
dollars and eighty-six cents, the balance unpaid and unac- 
counted for of the taxes in said county, for the year 1856 ; 
and the said Charles Cuqua, as sheriff and collector of 
Wabash county, with the sum of two thousand five hun- 
dred and seventy dollars and seventy cents, the balance 
unpaid and unaccounted for of the taxes for the year 1856 
of Wabash county. 



RELIEF. 117 

Section 1. Be it therefore enacted by the People of the 
State of Illinois, represented in the General Assembly, That 
the auditor of public accounts be and he is hereby author- Auditor autho 
ized to credit the said Charles Cuqua, sheriff and collector [ f lz o e iL t0 + cred " 

, -rrr , , . , , - 1 , ' n , " amount. 

ol Wabash county, with the sum above mentioned, as due 
from him ; and the said George Musick, with the sum above 
mentioned, as due from him : Provided, the said auditor be Proviso, 
satisfied that said Charles Cuqua and George Musick have 
fully and fairly accounted for all moneys due the state that 
have actually come into their hands by virtue of their said 
offices. 

§ 2. That the county court of Wabash county be and County court 
they are hereby authorized, if they deem the same advisa- J° release c. 
ble, to release and discharge the said Charles Cuqua from uqud ' 
liability as collector of county revenues of said county for 
the year 1S56 ; and that the president and board of trustees Trustees of Mt. 
of the town of Mount Carmel, and the treasurers and trustees c h ar ™ el d au ~ 
cf schools in said county are likewise authorized, if they deem release c. c ° 
advisable to release and discharge the said Charles Cuqua from q ua - 
liability for taxes for said year, levied under their several au- 
thority. 

§ 3. That the county court of Logan county be and they county court 
are hereby authorized, if deemed advisable, to release authorized to 
and discharge the said George Musick from liability for the musK 
county revenues of said county for the year 1856 ; and that 
the treasurers and trustees of schools in said county be and 
the same are hereby authorized, if by them deemed advisa- 
ble, to release the said George Musick from liability for 
taxes levied under their authority for the year 1856. 

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

Approved February 21, 1859. 



AN ACT for the relief of Alexander P. H. Doyle, late Collector of Fayette In force Febru- 

county. ary 2 4, 1859. 

Sectiox 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Alexan- 
der P. II. Doyle be allowed the sum of fourteen hundred Sum allowed. 
and one dollars and eighty-four cents, on account of an er- 
ror in extending the state tax of Fayette county for the year 
1855, for which year the said Doyle was collector. 

§ 2. That interest be allowed to said Doyle upon said interest. 
sum, from the 15th day of June, A. D. ^1855, at six 
per centum per annum, until the sixteenth day of No- 
vember, 185?, at which time sale of the lands of said 
Doyle was made upon judgment before rendered against said 
Doyle at the suit of the state; and from said sixteenth day 
of November, 1857, until the time of redemption, hereby Time of re- 
limited, at the rate of ten per centum per annum. demption. 



14S RELIEF. 

§ 3. That said A. P. H. Doyle shall be and he is hereby 

allowed until the first day oi July, A. D. 1859, to apply 

said sum of money, and interest hereby allowed, upon the 

redemption of the several tracts of land bid in by the state 

upon sale had upon the judgment heretofore rendered 

against said Doyle, so far as the same may go : Provided, 

that such redemption shall only be made and had upon such 

tracts as have been so sold, and in the several tracts and 

parcels, as the same were bid off by the state. 

Allowance to § ^" That the allowance hereby made shall be applied 

'be applied to only in the redemption of said lands, and shall in no respect 

redemption, j-^ cons t r ued to warrant the payment of any money out of 

the treasury of this state. 

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

Appeoved February 24-, 1859. 



In force Febru- AN ACT for the relief of Gallatin County. 

| ary 23, 1859. 

Preamble. Whereas the auditor of public accounts reported to the 
legislature of this state, at its last session, that on the first 
day of December 1856, there was eight hundred and 
eighty acres of land, situated in Gallatin county, belong- 
ing to this state, and which had been purchased from the 
United States; and whereas, by an act entitled "An act for 
the relief ot Gallatin county," approved February 16th, 
1857, the said lands were intended to be granted to said 
county, to be held, reclaimed and disposed of in all re- 
spects as swamp and overflowed lands. Said lands being 
situate in a swamp, and more than half the year covered 
with water, and they having been subject to sale for a 
number of years, and being unsaleable and of no value 
in their then condition, the county court of Gallatin coun- 
ty, immediately after the passage of said act, believing 
that said lands were granted to said county, for the pur- 
poses and upon the conditions specified in said act, made 
contracts for draining said lands and reclaiming them from 
being swamp and overflowed, at an expense greatly ex- 
ceeding the sum hereinafter named. And after said con- 
tracts had been made, part of the money therefor ])aid, 
and the residue agreed to be paid, and the most of the 
work done, said court discovered that said lands had been 
sold by the auditor, on the 22nd December, 1856, at two 
dollars per acre ; therefore, 

Section 1. Be it enacted oy the People of the State of 
Illinois, represented in the General Assembly, That the au- 

A d U raw°warrant° ditor of public accounts is hereby directed to draw a war- 



RELIEF. 149 

rant upon the state treasurer in favor of the county of Gal- 
latin, for seventeen hundred and sixty dollars, the same be- 
ing for the purchase money for said lands. 
Approved February 23, 1859. 



AN ACT to pay Presley P. Hamilton for services as State's Attorney. In force Feb. 

19, 1859. 

Section. 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the audi- 
tor of public accounts is hereby authorized and required to Auditor to is- 
issue from his office a warrant for the sum of five hundred sue warrant - 
dollars, on the treasurer of this state, in favor of Presley P. 
Hamilton, for services as state's attorney in the second judi- 
cial circuit court of this state, for the year 1857; and the 
said treasurer is hereby required, upon the presentation of Treasurer 
said warrant, to pay the same out of any money in the treas- vaj same 
ury not otherwise appropriated. 

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

Approved February 19, 1859. 



to 



AN" ACT for the relief of J. M. Higgins. In force Feb'v 

19, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That J. M. 
Higgins be allowed the sum of seven hundred and seventy- Sum allowed, 
five dollars and seventy-fire cents, for services rendered as 
medical superintendent of the Illinois State Hospital for the 
Insane, and that the auditor of public accounts issue to him 
his warrant therefor. 

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

Approved February 19, 1859. 



AN ACT entitled an act for the relief of the heirs and creditors of W. C. Kinney, In force Feb'y 
deceased. 24, 1859. 

Whereas the people of the state of Illinois had recovered a Preamble, 
judgment against William Kinney, deceased, for the sum 
of $13,093 11, of which Wm. C. "Kinney, now deceased, 
as^ executor, and claiming the real estate of said William 
Kinney by deed and the last will and testament of said 



150 RELIEF. 

"William Kinney, lias paid the amount of $4,081 14, and 
in satisfaction of the balance of said judgment the state has 
purchased certain lands as belonging to said ¥m. Kinney; 
and whereas, in the lifetime of said William C. Kinney, 
leave was granted, by various acts of the legislature, to 
redeem said [lands by paying the amount [bid therefor by 
the state, viz: the sum of $9,012, of which amount the 
said William C. Kinney, during his lifetime, has paid the 
further sum of $2,262 57, leaving an amount due, at the 
present time, of $8,237 14 of principal and $4,9S3 46 of 
interest; and whereas the estate of the said Win. C. 
Kinney would be very greatly embarrassed, to the detri- 
ment of the children and creditors of the said estate, if the 
time for redemption was not extended ; 
Section 1. Be it, therefore, enacted by the People of the 
State of Illinois, represented in the General Assembly, That 
Time of re- the executor of the said William C. Kinney, for the benefit 
t d e2d° n eX " of tlie children and creditors of his estate, be allowed the 
further time of two years from and after the passage of this 
act to redeem the lands held by the state under a sale by 
execution against Wm. Kinney, deceased; which sale took 
place on the 28th of March, 1846, by paying the amount 
due in state indebtedness to the treasurer of the state of Illi- 
nois. 
Release. § 2. That upon the certificate of the said treasurer that the 

amount due for the redemption of said lands has been paid 
as aforesaid, by the executor of said William C. Kinney, de- 
ceased, the governor shall execute a release for said lands to 
said executor for the benefit of the children and creditors of 
said estate. 

§ 3. That this law shall be in force from and after its 
passage. 

Approved February 24, 1859. 



In force Feb'y AN ACT for the relief of Joseph H. Moore, late Collector of McLean County. 
17, 1859. 

Preamble. Whereas Joseph H. Moore, late collector of the county' of 
McLean, is defaulter in the sum of nine thousand eight 
hundred and sixty-six dollars on the revenue due the 
state for the year A. D. 1857; and whereas judgment has 
been rendered, at the January term, A. D. 1859, of the 
supreme court against the said Joseph H. Moore as prin- 
cipal and Isaac Funk, Jesse Funk, Asahel Gridley, John 
Magoun, William H. Temple, Kobert Leach, John H. 
Wickizer, George Parke, John Gregory and John M. 
Scott, as securities, for the said sum of nine thousand eight 
hundred and sixty-six dollars; therefore, 






BELIEF. 151 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the exe- 
cration to be issued on said judgment shall not be levied on Execution not 
the property of any of said securities until after the expira- {^oyeTrsfrom 
tion of two years from the date of said judgment : Provided, judgment, 
nothing herein contained shall prevent such execution from 
being levied upon the property of the said Joseph H. Moore, 
late collector as aforesaid : And provided, further, That Proviso, 
nothing herein contained shall be so construed as to prevent 
said judgment from being a lien upon the property of each 
and every one of said securities : Provided, That such exten- Proviso, 
sion of time shall not go into effect unless said securities file, 
within sixty days from the day of the passage of this act, in 
the auditor's office of this state, their written agreement 
accepting the provisions of this act. 

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

Approved February 17, 1859. 



AN ACT for the relief of the Bank of Naperville. I n force Feb'v 

18, 1859. 

Whereas the Bank of Naperville, located at Naperville, in Preamble. 
DuPage county, has, in pursuance of the act in force Jan- 
uary 10th, 1855, entitled "An act to amend 'an act to 
establish a general system of banking, and the act supple- 
mentary thereto,' " approved Feb. 10, 1853, filed with the 
auditor a certificate of its desire and intention to withdraw 
its bills from circulation, and is now desirous of withdraw- 
ing and canceling said certificate, and of resuming its busi- 
ness as if no such certificate had been filed; therefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the said 
Bank of Naperville be and is hereby authorized to withdraw Authorized to 
and cancel said certificate, and to resume and transact its withdraw cer- 
business and conduct its affairs in every respect as if said tx cate ' 
certificate had never been made and filed with said auditor: 
Provided, that prior to the withdrawal and cancelation of Proviso, 
such certificate and the resumption of business by the bank, 
the bank shall furnish to the auditor satisfactory evidence 
that not less than $50,000 of actual cash capital has been 
duly subscribed and paid in by the stockholders of said bank ; 
and shall also deposit with the auditor the amount of stock 
now required by the general banking laws of this state for 
the organization of a new bank under said laws. 

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

Approved February 18, 1859. 



52 RELIEF. 

In force Feb'y AN ACT for the relief of Jesse York. 

24, 1859. 

Preamble. "Whereas the state of Illinois, by authority of law, sold and 
conveyed by deed, dated April 2, A. D. 1844, to one "Wil- 
liam Prentiss, the following lands, situated in Shelby 
county, Ill's, being the west half of the southeast quarter 
of section twenty-live, (25,) township 12 north, range 4 
east, 80 acres, which said deed was duly recorded in said 
Shelby county; and whereas, afterward, on the 14th day 
of November, A. D. 1854, the state of Illinois, by mistake, 
again sold the same land to one Jesse York, of said Shelby 
county, for the sum of one hundred and twenty dollars 
cash down, and that the said Prentiss has the older and 
better title, and holds the said land ; therefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the audi- 
Auditor to tor of the state of Illinois is hereby authorized to draw an 
draw order, order upon the treasurer of this state, in favor of Jesse York, 
for the sum of one hundred and twenty dollars, with interest 
on the same from the 14th day of November, A. D. 1855, 
at the rate of six per cent, per annum till paid, and that said 
order be paid by said treasurer on presentation. This act to 
be in force from and after its passage. 
Approved February 24, 1859. 



In force Febru- AN ACT in relation to repeal of laws by implication, 

ary 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That hereaf- 
Repeais. ter the repeal of any penal statute, or law lor the punish- 

ment of any crime or misdemeanor, shall not be construed 
as operating upon or affecting any case arising before the 
passage of such repealing statute, and the prior statute shall 
continue in force, as to all cases arising or existing before its 
repeal, unless otherwise expressly provided in the repealing 
act. 

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

Approved February 19, 1859. 



In force Febru- AN ACT giving Justices jurisdiction in Replevin, 

ary 24, 1859. 

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

Illinois, represented in the General Assembly, That justices 

Jurisdiction, of the peace in this state shall have jurisdiction in all actions 



REPEAE REPLETE*. 153 

of replevin, where the value of the property claimed does 
not exceed one hundred dollars. 

§ 2. That when affidavit shall be filed before any justice writ, 
of the peace, in this state, as is now required by law, in com- 
mencing an action of replevin in the circuit court, the jus- 
tice before whom the same is presented shall issue the writ 
of replevin, directed to any constable of his county. 

§ 3. All constables of this state are authorized and re- Duty of consta- 
quired to execute all writs of replevin issued in accordance bles - 
with this act, and take the property and deliver the same to 
the claimant, and perform all acts that may be required of 
sheriffs of this state, according to law, in writs of replevin : 
Provided, the claimant or his agent or attorney shall give Proviso, 
his bond and security to said constable for double the amount 
of the value of the property to be replevied, conditioned as 
is now required by law in cases of sheriffs executing said 
writ. 

§ -1. This act shall take effect and be in force from and 
after its passage. 

Approved February 21, 1859. 



AX ACT to amend section two of chapter twenty-five, Revised Statutes. In force A P ril 

1 ' 26, 18o9. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That so much 
of section two, chapter twenty-five, Revised Statutes, as re- Amendment, 
quires two-thirds of the voters present to be in favor of in- 
corporation before any town can avail themselves of our 
general incorporation laws, be and the same is hereby amend- 
ed, that from and after the passage of this act it shall only 
require a majority of the voters of any town desirous of be- 
ing incorporated to avail themselves of such general incor- 
poration laws. 

Approved February 21, 1S59. 



AN ACT to amend section 52 of chapter 30, of the Revised Statutes. In force April 

26, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, r>2>rr$ented in the General Asse?nbly, That section 
52, chapter 30, of the Revised Statutes, be and the same is Fine and im- 
hereby amended, so that hereafter, in all convictions for an prisonment. 
assault with a deadly weapon, as defined in said section, the 
person so convicted shall be fined not exceeding one thou- 



154: REVISED STATUTES. 

sand dollars, ($1000,) nor less than twenty-five dollars, or 
imprisoned in the county jail for a period not exceeding 
one year, or both, in the discretion of the court. 
Coupons or § 2. That whenever any person in the employ of any 
railroad tick- ra ii roa d company, whether such company is incorporated by 
this or any other state, shall fraudulently neglect to cancel 
or return to the proper officer, company or agent, any coupon 
or other railroad ticket, with the intent to permit the same 
to be used in fraud or injury of any such company, or if 
any person shall steal or embezzle any such coupon or other 
railroad ticket, or shall fraudulently stamp or print or sign 
any such ticket, or shall fraudulently sell or put in circula- 
tion any such ticket, any person so offending shall, upon 
conviction thereof, be punished by imprisonment in the 
penitentiary for the term of one year. 
Breakin into § ^' "^ an ^ P erson or persons shall willfully, maliciously 
school house and forcibly break and enter any school house, or freight, 
or railroad car or passenger railroad car, with intent to commit robbery, 
larceny, or other felony, shall be deemed guilty of burglary, 
and, upon conviction thereof, shall be punished by confine- 
ment in the penitentiary for a term not less than one year 
nor more than ten years. 

Approved February 19, 1859. 



In force April AN ACT to amend chapter 83, of the Revised Statutes, entitled "Practice." 
26, 1859. 

Section 1. Be it enacted dy the People of the State of 
Illinois, represented in the General AssemMy, That hereafter 
°ienge. ° f ° hal " ^ sna11 be sufficient cause of challenge to any juror called 
to be sworn in any cause that he has been sworn as a juror 
at any term of court held within a year prior to the time of 
such challenge. 

Approved February 11, 1859. 



In force April AN ACT to provide for constructing, maintaining and keeping in repair plank, 
26, 1859. gravel, or macadamized roads or pikes by a general law. 

Section 1. Be it enacted dy the People of the State of 
Illinois, represented in the General Assembly, Any number 
Five or more f persons, not less than five, intending to construct, main- 
\lxm n a com- tain and keep in repair a plank, gravel or macadamized road 
pany. or pike, by electing not less than three nor more than nine 

Directors. of their number a board of directors, and by filing a certifi- 
cate of their intention, signed by them, stating therein the 



KEFISED STATUTES. 155 

names of the board of directors elected, their term of office, 
the corporate name and style assumed, the amount of capital Corporate 
stock, the kind of road or pike and its general route, in the name " 
office of the county clerk of the county or counties in which 
the proposed road or pike may lie, may become and be a 
body politic and corporate, for the purpose therein stated, 
by the corporate name and style assumed, and by such name 
and style they and their associates and successors shall have 
succession, for a period not exceeding thirty years; shall Powers. 
have power to contract and be contracted with ; to sue and 
be sued; to plead and be impleaded; to answer and be 
answered unto, in all courts and places ; to make and use a 
common seal and alter the same at pleasure ; and to make 
all needful by-laws, rules and regulations, for the manage- 
ment of the corporate property and for the procuring, col- 
lecting and forfeiting of such transfer of the same and affairs 
of such company, for the election of its officers, and the 
appointment of its agents, not inconsistent with the laws 
and constitution of this state or of the United States. 

§ 2. Such company shall have the right and power to Right of way. 
survey, locate, construct, maintain and keep in repair a road 
or pike, of the kind and upon the general route, as near as 
may be, prescribed in the said certificate, of such a width 
as may be deemed advisable by the board of directors, upon 
the usual and best modes of constructing such roads or 
pikes, with all needful bridges, sewers, ditches, toll houses, 
toll gates and such other appendages as may be necessary 
for the convenient use of the same, and for the safety and 
comfort of travelers thereon, and for the purpose may cross 
any street or alley, private road or public highway, railroad 
or canal: Provided, such company may construct auy portion p r0 viso. 
of such road or pike, and may construct the same partly of 
plank or wood, partly of gravel and partly of stone or all, 
and may commence the construction thereof at any point on 
the line of the location thereof. 

§ 3. The stock of such company shall be held or con- s *J* l to ^ p ^' 
sidered as personal property, and every stockholder therein ty. 
shall be individually liable only to the amount of his stock ; 
and such company shall have power to borrow money, from ^ay borrow 
time to time, for the purpose of constructing such road or money. 
pike, and for this purpose may pledge or mortgage its secu- 
rities and other property: Provided, the whole amount 
borrowed shall not exceed at any time one-half of the amount 
of stock subscribed. 

§ 4. When two miles of such road or pike may be com- Toll gates, 
pleted, such company may erect and maintain a toll gate 
thereon, and -one toll gate for every two miles completed 
thereafter, and shall have power to fix and regulate the tolls 
to be charged and paid for passing on such road or pike : 
Provided, the tolls charged shall' not exceed, for every Pr0Tiso 
vehicle, drawn by one animal, two cents per mile ; for every 



156 REVISED STATUTES. 

vehicle, drawn by two animals, three cents per mile, and 
one-half cent additional a mile for every animal more 
than two ; for every ten of neat cattle, one cent ; for every 
ten of sheep or swine, one cent a mile ; for every horse and 
rider or led horse or mule, one cent per mile. 

Collection of § 5. It shall be lawful for any toll gatherer on such road 
tolls. or pike to stop and detain any person going on the same 

until the toll properly chargeable shall he paid; and any 
person who shall use such road or pike and refuse to pay 
said toll shall forfeit and pay for such refusal the sum of 
five dollars; and any person who, to avoid the legal toll 
chargeable on such road or pike, shall turn off the same, 
and passing toll gate and again enter upon the same, shall 
forfeit and pay the sum of ten dollars ; and any person who 
shall forcibly pass any toll gate on such road or pike, with- 
out having paid the legal tolls, shall forfeit and pay the 
sum of twenty-five dollars. All penalties and forfeitures 
incmTed under this section may be recovered, with costs of 
suit, in an action of debt, in the name of such company and 
for its use, before any justice of the peace of the proper 
county or any court having jurisdiction thereof. 

^.juries and § 6. If any person or persons shall willfully or negli- 
j'bstructions. gently, do or cause to be done any act or acts what- 
ever, whereby such road or pike or any of its appenda- 
ges shall be impaired, injured, obstructed or destroyed, such 
person or persons shall forfeit and pay to such company 
treble the amount of damages sustained by reason thereof, 
to be recovered, with costs, in name of such company and 
for its use, in an action of trespass, before any court having 
cognizance thereof, or any justice of the peace of the proper 
county, and, if willfully done, shall also be deemed guilty 
of a misdemeanor, and be subject to indictment and fine, 
not less than ten nor more than one hundred dollars, or 
imprisonment, not exceeding six months, or both, in the 
discretion of the court having jurisdiction thereof. 

ik.adtobekept § ^ ^ sna ^ De the duty of such company to keep such 

in repair. road or pike iii good repair, to erect and maintain mile posts 
thereon, and to keep upon each gate a list of tolls which 
may be properly demanded; and any toll gatherer who shall 
demand a higher rate than prescribed by such list shall be 
liable to the party aggrieved, or to any person who may sue 
for the same, for each such offence, in the sum of five dollars, 
to be recovered before a justice of the peace, in an action of 
debt, for the use of such person. 

Right of way § 8. Such company may locate and construct said road 
1 or pike, or any part thereof, upon any state or county road, 
by an agreement with the county court, or in counties adopt- 
ing the township organization, with the board of supervisors 
or commissioners of highways, in which said state or county 
road may be situated, or upon any street or alley or public 
ground, within the limits of any incorporate town or city, 



over state 
jounty roads. 



REVISED STATUTES. 157 

by an agreement with the corporate authorities of such 
town or city; which said agreement with snch county court, 
board of supervisors, commissioners of highways, or corpo- 
rate authorities, shall be in writing, and tiled and recorded 
in the county clerk's office of the proper county; or may 
locate or construct such road or pike oyer any lands, owned 
and occupied by the state, and over any lands owned by 
any individual or corporation, by voluntary cession or by 
purchase. It shall be lawful for such company to appropri- 
ate and use so much of said land, not exceeding one hundred 
feet in width, as shall be necessary for the proper construc- 
tion of such road or pike, on complying with the six follow- 
ing sections. 

§ 9. The directors of such company may present a peti- Assessment of 
tion to the judge of any court of record in any county in dama ? e s 
which said lands lie to which such company is unable to 
acquire title as aforesaid, setting forth, by some proper 
description, the lands which are wanted for the construction 
of such road or pike or the appendages thereunto; and the 
names of the owners thereof, if known, distinguishing with 
convenience, if it can be done, the parcels claimed in sever- 
alty by the respective owners and praying for the appoint- 
ment of appraisers to assess the damage which the owners 
of such land will severally sustain by reason of the appro- 
priation thereof by such company, for the use aforesaid. 

§ 10. On the presentment of said petition, said judge infants, fem 
shall appoint a day for the hearing of the parties in interest, m £ s C0V( 
and shall direct such notice as he shall deem reasonable to 
be given of the time and place of hearing; and in case it 
shall appear that any owner of lands is a femme covert, or 
infant, or insane, or otherwise incompetent to take proper 
care of his or her interests, it shall be the duty of the said 
judge to appoint some discreet and respectable person to act 
in the premises in his or her behalf. 

§ 11. At the time appointed for such hearing, the said Commissioners 
judge shall appoint three disinterested persons, freeholders, 
resident in the county in which said lands may lie, for the 
purpose of assessing the damages, and, in the order in which 
they were appointed, shall direct and specify what lands are 
proposed to be appropriated and occupied by such company, 
for the purposes aforesaid. 

§ 12. Said appraisers, after being duly sworn, before Duty of con> 
some officer authorized to administer oaths, honestly and 
impartially to assess such damages, shall proceed, by view- 
ing said lands and by such other evidence as the parties may 
produce before them, to ascertain and asses- the damages 
which each owner will sustain by the appropriation of his 
or her Lands for the use or accommodation of said road or 
pike or its appendages, taking into consideration the benefits 
as well as the disadvantages said road or pike may be to said 
lands. 



missiouers. 



158 REVISED STATUTES. 

Report. § § 13. # The said appraisers shall make report to said judge, 
in writing, under their hands, reciting the order for their 
appointment and specifying the several parcels of land 
described therein with all necessary certainty, the names of 
the owners of the respective parcels, if known, and if not 
known, stating that fact, and specifying, also, the damages 
which the owners of the respective parcels will sustain by 
reason of the appropriation of the same, for the purposes 
aforesaid ; and in case either of the parties are dissatisfied 
with the assessments the said judge may, on the hearing of 
the parties in interest, modify the asssessment as to him 
shall appear just. 
Title> § 14. On the payment of the damages thus assessed, 

together with the expenses of the assessment, as the same 
shall be settled by said judge, or on depositing the amount 
thereof for the use of such owners in such place as the judge 
shall direct, the said company shall immediately become 
entitled to the use of said lands, for the purposes aforesaid ; 
and the report of the said appraisers, with the order of the 
said judge modifying the same, if the same shall have been 
modified, shall be recorded in the office of the recorder of 
the county in which said lands shall be situated, in the same 
manner and with like effect as deeds are recorded, without 
any other proof than the certificate of said judge that the 
report is genuine; and when said report and order shall 
have been recorded, as aforesaid, the said company shall be 
possessed of said land or real estate, and may enter upon 
and take possession and use the same, for the purposes 
hereinbefore recited; Provided, that said road or pike shall 
not be run through any door yard or orchard, or so as 
to disturb any building, without the consent of the owner 
or owners thereof, 
nspectors. # §15. In any county in which any plank, gravel or macadam- 
ized road or pike may be constructed, pursuant to this act, 
the county court, and in counties adopting the township 
organization, the board of supervisors, shall appoint three 
inspectors, freeholders and residents of the county, not 
interested in any such road or pike, whose term of office shall 
be two years and until their successors nre appointed and 
qualified; the said inspectors shall take and subscribe to an 
oath faithfully and impartially to perform the duties of their 
office, and file the same in the office of the county clerk, 
and, when ordered by the power appointing them, they or 
any two of them shall, within fifteen days after being thus 
ordered, inspect any such road or pike, having given five 
days' notice to the company owning the same of the time of 
such inspection by leaving a written notice with any agent 
or officer thereof; and if upon such inspection they or any 
two of them shall determine such road or pike out of repair 
and unfit for use, they shall open the toll gates on such road 
or pike, and shall make a certificate of the facts and file the 



SCHOOLS. 159 

same for record in the clerk's office of the county court; 
and after the toll gates are thrown open, as aforesaid, no toll 
shall be collectable by the company on any such road or 
pike until the inspectors or any two of them, upon the 
request of such company, shall examine such road or pike 
and make and file for record in the county clerk's office a 
certificate that the same is in good repair and fit for use ; 
and the demanding or taking of toll by any such company, 
when the gates are thrown open, as aforesaid, shall render 
such company liable to a fine of ten dollars, to be recovered 
before any justice of the peace of the county, in the name 
and for the use of the county. 

§ 16. The said inspectors shall be entitled to three dollars compensation. 
per day for their services, to be paid by the party ordering 
or requesting the same; and for filing and recording any 
papers appertaining to any such company in the clerk's 
office of the county court, the clerk shall be entitled to the 
usual fee in such cases, to be paid by such company. 

§ 17. Any company formed under this act shall file a By-laws, 
copy of their by-laws, signed by the president and secretary 
of such company, and a list of all the stockholders therein, 
and the amount of the stock signed as aforesaid, in the county 
clerk's office of the proper county; and all papers filed in 
such office, relating to any such road or pike, or certified 
copies thereof, shall be held and considered as sufficient legal 
evidence of the facts therein stated, for and against such 
company, in all courts of this state. 

§ 18. Any such company may change its corporate name c ^P° e rate 
and style ; may increase its stock ; may extend such road or 
pike, or may construct and maintain lateral branches; or 
any two or more of such roads may consolidate and assume 
a new name and style, by filing a certificate thereof in the 
county clerk's office of the proper county, signed by the 
directors of any such company or consolidated company. 

Appeoved February 21, 1859. 



AN ACT to amend an act entitled " An act to establish and maintain a system In force Apri; 
of Free Schools," approved February 16, 1857. 26 > 1359. 

Be it enacted by the People of the State of Illinois, rep- 
resented in the General 'Assembly, That the following sec- 
tions of the above entitled act be amended so as to read as 
hereinafter expressed : 

§ 31. At each meeting on the first Monday of April Apportion- 
and October, the trustees, having ascertained the amount ftS of8cho01 
of state, county and township funds on hand , ready for 
distribution, shall apportion the same as follows : First, 



160 



SCHOOLS. 

two per cent, to the township treasurer: Second, whatever 
may be due for the books of the treasurer: Third any 
reasonable amount for dividing school lands, making plats, 
&c. : Fowrth of the balance, one half shall be divided 
among the districts, m proportion to the number of children 
under twenty-one, in each, and the other half in proportion 
to the attendance certified in the schedules. Thereupon 
the township treasurer shall pay out the money to the sev- 
eral persons to whom it shall be distributed, and hold the 
balance if any, apportioned on the schedules, subject to the 
order of the directors of the proper district. They shall 
also ascertain the amount of district tax money in the hands 
of the treasurer, and direct him to pay over the same on the 
01 1 e L ?> e d . 1 1 rectors of the district to which it belongs 

fe #>. .Pupils may be transferred from one districUo an- 
other, either in the same or in different townships, upon the 
written consent of the directors of both districts. A school 
thus 'formed, shall be under the control of the directors of 
tiie district m which it is kept; but each district shall be 
liable for its share of all the expenses of the school, in pro- 
portion to the number of scholars which it sends A 
separate schedule shall be kept for each district, upon the 
return of which to the trustees of each township from which 
pupils are transferred, they shall each draw an order on 
their treasurer, in favor of the treasurer of the township in 
which the school is kept, for the amount certified in the 
schedule. But a majority of the directors of the several 
districts may unite the whole, or a part of each, into one, and 
place the school under the control of the [three] persons 
whomthey may appoint, and who shall be styled "Directors 

of Union School in District No. , in Township No 

, wiio snail be a body politic and corporate, with full 
power to levy taxes in the territory composing the union 
district, and with all other powers conferred by this act 
upon directors. J 

■ § 42 It shall be the duty of the legal voters in such 
[each] district, to meet at the school house, or other con- 
venient place in the district, on the first Monday of Sep- 
tember next, and.elect three persons within the district to 
be styled "School Directors," one of whom shall hold 'his 
omcefor one year, one for two years, and one for three 
years to be determined by lot at their first meeting But 
at each subsequent annual election, on the first Monday of 
September one director shall be elected, who shall hold his 
orhce for three years, and until his successor is elected. 
Ine first election, m newly formed districts, may beheld on 
any Monday, notice being given by the township treasurer, 
as for the election of trustees. The legal voters, when as- 
sembled, shall choose three of their number to act as judges 
and one as c j^|. I n case of a <- the jud ghall J de § c ^ 

it by lot, on the day of election. The directors shall ap- 



SCHOOLS. 161 

point one of their number clerk, who shall keep a record of 
all the official acts of the board, in a book provided for the 
purpose. In all elections in school districts, either for the 
regular annual election of directors, or for filling vacancies 
in the board, or for raising money to build school houses or 
to extend the terms of schools beyond six months, it shall 
be the duty of the directors to give at least ten days' notice, 
by posting op advertisements in at least three of the most 
public places^ in the district. The notice shall state the Notice. 
place where such election is to be held, the time of opening 
and closing the polls, and the question or questions to be 
decided. No person shall be entitled to vote at any dis- 
trict election, on the question of raising money, unless he 
shall have resided in the district at least thirty days im- 
mediately preceding said election, nor unless he shall have 
paid a tax in said district the preceding year, or shall have 
been assessed in such district for the year in which such 
election is held. After every election of directors, the 
judges shall cause the poll book to be delivered to the town- 
ship treasurer, with a certificate thereon showing the elec- 
tion 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 town- 
ship which he represents, an election shall be ordered to fill 
the vacancy, and no person shall be at the ^ same time a 
director and trustee, nor shall a director or trustee be inter- 
ested in any contract made by the board of which he is a 
member. 

§ 43. For the purpose of establishing and supporting Tax. 
free schools, for six months, and defraying all the expenses 
of the same, of every description ; for the purpose of repair- 
ing and improving school houses; of procuring furniture, 
fuel, libraries and apparatus ; and for all other necessary in- 
cidental expenses the directors of each district shall be au- 
thorized to levy a tax, annually, upon all the taxable pro- 
perty of the district. They may also appropriate to the pur- 
chase of libraries and apparatus, any surplus funds, after 
[all] necessary school expenses are paid. 

§ 4:4:. At any meeting prior to the second Monday of Rate to be cer- 
September, annually, the- directors of each district shall as- tlfied t0 clerk ' 
certain how much money must be raised by special district 
tax for shool purposes during the ensuing year. They shall 
then find what rate per cent, this amount will require to be 
levied ; which rate, together with a list of the resident tax 
payers, shall be certified and returned to the clerk of the 
county court, on or before the second Monday of September. 
The certificate may be in the following form : 
—12 



162 SCHOOLS. 

"We hereby certify that we require the rate of to be levied, for school 

purposes, ou all the taxable property of our district, for the year 18 — . Given 

uuder our hands this day of , 18 — . 

A. B. 1 Directors district No. , township 

C. D. >• No. , range No. , county 

E. F. ) of — ■ , aud'state of Illinois." 



The money thus raised shall be appropriated by the di- 
rectors to the various objects for which it was intended. 
District in two § 47. When a district lies in two or more counties, the 

or more coun- directors shall return to the clerk of the county court of each 
county the names of the resident tax payers in each. The 
clerk of each county shall then furnish the directors the 
amount of the taxable property of the district, lying in his 
county, as returned by the assessor of the previous year. 
The directors shall then determine and certify the rates to 
be levied, and return the certificates to the clerk of each 
county. For the purpose of building school houses or 
purchasing school sites, or for repairing and improving the 
same, the directors, by a vote of the people, may borrow 
money, issuing bonds executed by the officers or at least 
two members of the board, in sums of not less than one 
hundred dollars. But the rate of interest shall not exceed 
ten per cent,, nor shall the sum borrowed in any one year 
exceed three per cent, of the taxable property of the dis- 
trict. Nor shall the tax levied in any one year for building 
a school house exceed two per cent, of said taxable property. 
Districts incor- § 48. The directors of each district are hereby declared 

porated. a "body politic end corporate, by the name of " School direc- 
tors of district No. , township No. , county of- , 

and state of Illinois," and by that name may sue and be 
sued in all courts and places whatever. Two directors shall 
be a quorum for business. The directors shall be liable, 
as directors, for the balance due teachers, and for all debts 
legally contracted. They shall establish and keep in opera- 
tion, for at least six months in each year, a sufficient 
number of free schools for all the children in the district, 
over the age of five and under twenty-one years. They 
may adopt all necessary rules and regulations for the man- 
agement of the schools, and shall visit and inspect the 
same as often as practicable, They shall appoint all teach- 
ers, fix the amount of their salaries, and may dismiss them 
for incompetency, cruelty, negligence or immorality. They 
may direct what branches shall be taught, and may suspend 
or expel pupils found guilty, on full examination, of refrac- 
tory or incorrigibly bad conduct. No school site shall be 
purchased, nor shall a school house be erected, located, pur- 
chased or changed, nor shall a tax be levied to extend 
schools beyond six months, without the consent of a ma- 
jority of the votes cast at an election, the notice of which 
shall state the questions to be decided, and shall be given as 
required in the forty-second section of this act. 



SCHOOLS. 163 

§ 98. The public printer is hereby required to print Circular, 
thirty thousand copies of a circular from the state superin- 
tendent, including these amendments, for immediate dis- 
tribution, and also fifty thousand copies of the whole act, as 
amended, under the direction of the superintendent of pub- School law. 
lie instruction, and to be distributed by him to the several 
counties of the state, according to population. 

Approved February 21, 1859. 



AN ACT for the establishment of a system of Graded Schools in the city of In force Apr 
Galesburg. 26, 1859. 

Section 1. Be it enacted hy the People of the state of 
Illinois, represented in the General Assembly, That all the 
territory within the limits of the city of Galesburg, Knox District erect- 
county, Illinois, according to its present or future bounda- ed - 
ries, is hereby erected into a common school district, to be 
known as Galesburg School District. 

§ 2. All school lands, school funds, and other real or Funds and pro- 
personal estate, notes, bonds or obligations, belonging to fcP ert ^- 
township number eleven north, and range one east of the 
fourth principal meridian, Knox county, Illinois, held or 
owned for school purposes, shall be divided between the 
city of Galesburg and the portion of the township without 
the same, in the proportion and manner following: The 
school trustees of said township shall, within thirty days af- Commissioners 
ter the first election contemplated by this act, appoint two *? apportion 

. • , j, K , -, J './ l , ,, .-. the same. 

commissioners, who are freeholders, one a resident ot said 
city, the other of said township, without the city, who, after 
being sworn well and truly to discharge their duties, shall 
ascertain the whole number of white persons, under the age 
of twenty-one years, residing in the whole of said township, 
and the whole number in said city, and in the township with- 
out the city ; and, thereupon, said trustees shall divide and 
apportion said funds, real and personal estate, notes, bonds 
and obligations of said township, between the city and the 
township without the city, according to the number of white 
persons under the age of twenty-one years residing in said 
township. Said trustees shall have power to supply any va- 
cancy occurring among said commissioners. 

§ 3. Said trustees, or other person or persons having cus- Trustees to de- 
tody or control of said funds or lands, shall pay over and do- liver the same. 
liver to the board of education of Galesburg school district 
the portion of the funds, and other personal estate, notes, 
bonds and obligations, to which the school district may be 
entitled, and execute and deliver to the board of education 



164: 



SCHOOLS. 



Board of edu- 
cation. 



Powers of 
board. 



Proviso. 



School houses 
and sites. 

Eepairs. 

Books and fix- 
tures. 

Graded 

schools. 

Funds. 
Teachers. 

Proviso. 
Studies. 

Districts. 

By-laws. 



the necessary deeds and other conveyances for the share of 
real estate due said district under said division. 

§ 4. The public schools of said district shall be under 
the exclusive management and control of a board of educa- 
tion, to consist of the mayor of said city, who shall be the 
president of the board, and one director from each ward of 
the city, to be known as "The Board of Education of Gales- 
burg School District," each of whom, with the treasurer and 
clerk of said board, shall be sworn to discharge their duties 
with fidelity. 

§ 5. Said board shall have exclusive control over the 
school lands, funds and other means of said district, for 
school purposes, and shall have full power to do all acts and 
things, in relation thereto, to promote the end herein de- 
signed; may sell or lease said lands and other lands 
or property which may have been or may hereafter be 
donated, purchased or designed for school purposes in said 
district, on such terms, for cash or credit, and at such times 
as they may see proper ; they shall have full power to receive 
conveyances or donations and to make the necessary deeds 
or leases for lands ; and all conveyances by the board shall 
be signed and acknowledged before some competent officer 
by the president and secretary of said board: Provided, 
however, that no sale or lease of land for more than one year 
shall be made without the concurrence of five members of 
the board. A majority of the directors, with or without the 
president, shall constitute a quorum for the transaction of 
business ; and in the absence of the president they may ap- 
point one of their own body president pro tempore. The 
president shall only vote in case of a tie, when he shall have 
a casting vote. 

§ 6. Said board shall have full power to purchase or 
lease sites for school houses, with the necessary grounds 
therefor; to erect, hire or purchase buildings for school 
houses and keep them in repair; to furnish schools with ne- 
cesssary books, fixtures, furniture, apparatus and library or 
libraries ; to establish, conduct and maintain a system ot pub- 
lic graded schools, to be kept in one or more buildings in 
said district ; to supply the insufficiency of school funds for 
the payment of teachers, and other school purposes, and ex- 
penses, by school taxes to be levied and collected as herein- 
after provided; to determine the number, make the appoint- 
ment, and fix the amount of compensation of teachers, with- 
in said district, and of all other agents and servants : Pro- 
vided, that the directors shall in no case receive any compen- 
sation for services as directors ; to prescribe the studies to be 
taught and books to be used in said schools, including maps, 
charts, globes, &c. ; to lay off and divide said district into 
smaller districts, and to aiter the same, or erect new ones at 
pleasure ; to pass by-laws, rules and regulations to carry these 
powers into complete execution, and for the government of 



SCHOOLS. 165 

their own body, their officers, agents and servants, and pro- 
viding for their meetings and adjournments, and, generally, 
to have and possess all the rights powers and authority ne- 
cessary for the proper establishment and control of an effec- 
tive system of graded schools within said district ; and they 
shall visit and inspect each and all the schools therein as inspection, 
often as may be necessary. 

§ 7. It shall be the duty of the board of education, and Money, 
they shall have full power to determine the amount of mo- 
ney needed and to be raised for school purposes, over and 
above the amount from the school funds hereinbefore enu- 
merated, or from other sources : Provided, said board shall Proviso, 
not for any one year require to be raised more than one-half 
of one per centum, for the benefit of said schools, on the as- 
sessed value of the real and personal property of said city 
for such year, without a majority of the legal voters of said 
city authorize them to do so at an election to be held for 
that purpose, at such time, and conducted in such manner, 
as the board may direct ; nor shall said board or said city 
council make any loan whatsoever for school purposes, with- 
out a j)revious authority by such vote ; but with the concur- 
rence of a majority of said voters, it shall be lawful to raise 
such sum, either by taxation or loan, as said board may see 
proper; and before the first day of August of each year, they 
shall determine the amount required to be collected by taxa- 
tion for expenditure for one year from the first day of Janu- 
ary then next ensuing, for school purposes generally, and 
certify the amount to the city council of Galesburg. 

§ 8. It shall thereupon be the duty of the city council to Tax. 
levy said sum on all the real estate and personal property 
of said city, according to the assessment and valuation there- 
of, for the current year, equally, by a certain rate per 
centum, and collect the same as city taxes are collected. A 
special column shall be prepared in the city duplicate, 
headed "School purposes," in which shall appear the amount 
of tax for school purposes, chargeable against each parcel of 
real estate or amount of personal property ; and when said 
taxes are collected the treasurer shall keep a separate ac- 
count of the same, and they shall be used and applied for 
school purposes only, and shall be paid only on the order of 
said board. 

§ 9. It shall be the duty of the board to cause an ab- Abstract of 
stract of the whole number of white children, under the cblldren - 
age of twenty-one years, within said district, to be made, and 
furnish the same, with such further information as is re- 
quired in section 36 and 79 of the act to establish and main- 
tain a system of free schools, approved February 16, 1857, 
to the school commissioner of Knox county, Illinois, within 
ten days after the same shall have been ascertained ; and the 
school commissioner shall pay, annually, to the said board, 
for the exclusive use of said district, the amount the district 



board of edu- 
cation. 



166 SCHOOLS. 

is entitled to receive from the funds that are or may be in 
his hands, subject to distribution, for the support and benefit 
of the schools in said county, in accordance with the pro- 
visions of the free school law now in force, the same as if 
no special charter had been conferred^ upon the schools of 
the city of Galesburg. 

Power to bor- § ~^® m ^ ne c ^ 7 connc ^ °f the C ^J of Galesburg are here- 
row money, by vested with full power to borrow such sums of money, 
being subject to the restriction contained in the 7th section 
of this act, as they may deem necessary for school purposes 
in said district, at a rate of interest not exceeding ten 
per centum per annum, which may be made payable semi- 
annually, at such place as may be agreed upon ; and the 
money, when so borrowed, shall be placed under the control 
of the board of education. 

Election of § H* The board of education shall be elected by all the 
qualified voters of said school district, but one director shall 
reside in each of the wards of said city, and be a house- 
holder and freeholder thereof. The directors shall hold their 
offices three years from the day of their election, except that 
one-third of the first board elected under this act shall retire 
from office at the expiration of the first year, one-third at 
the expiration of the second year, and one-third at the ex- 
piration of the third year; and the period of their retire- 
ment shall be decided as follows : the clerk of the city coun- 
cil shall take six strips of paper on two of which he shall 
write the words "One year," — on two, "Two years," — on 
two, "Three years;" each member elect shall draw, and shall 
serve the period of time indicated by the words on the pa- 
per which he draws. An election shall be held annually, 
at the place where the city council of Galesburg hold their 
meetings, on the first Monday of June; at the first of which 
all of said directors shall be chosen ; and at each election 
thereafter successors to the directors whose terms are about 
to expire. For the first election, the election officers shall 
be appointed by the city council of Galesburg, and notice 
thereof being published by said council ten days be- 
fore the election in a newspaper of said city; but for each 
subsequent election said appointments shall be made by the 
board of education, and notice given by them as aforesaid, 
and for what wards directors are to be chosen; and said elec- 
tion shall, in every other particular, the supplying vacancies 
in the officers thereof, substituting the place for holding the 
election, conducting the election, making the returns, &c, 
&c, be governed by the ordinance of the city of Galesburg, 
in force at the time of election. Said board shall be the 
judges of the election and qualification of its members, and 
in determining the same, shall be governed by the city or- 
dinance as aforesaid. All officers under this act shall hold 
their offices until the election and qualification of their suc- 
cessors. Removal from his ward, and not out of the city, 



Notice. 



Manner of elec- 
tion. 



schools. 167 

by any director, shall not vacate his office; and whenever 
any vacancy shall occur in the office of director the city 
council of Galesburg shall supply the same, upon notice 
thereof by the board of education, but such appointment, 
so made by the city council, shall only continue until the 
next regular election of directors, when a successor shall be 
elected, who shall hold his office for the unexpired term 
only. 

§12. The treasurer and clerk of the city of Galesburg Treasurer and 
shall be the treasurer and clerk of the board of education ; clerk ' 
and the board shall determine their duties, compensation and 
amount of security to be given. 

§13. Said board shall cause all funds not needed for im- F un( js to be 
mediate use to be loaned, at the rate of ten per cent, per an- loaned. 
num, payable semi-annually in advance. No loan shall be 
for a longer period than five years, and, if exceeding one 
hundred dollars, shall be secured by unincumbered real es- 
tate, of at least double the value of the loan, without estima- 
ting perishable improvements; for any sum of one hundred 
dollars or under, good and satisfactory personal security may 
be taken. 

§ 14. All notes and securities shall be to the board of Notes and se- 
education, for school purposes ; and the borrower shall be cunties - 
at all expenses of examining titles, preparing and recording 
papers. 

| 15. In settling the estates of deceased persons, debts Debts of es- 
for school purposes shall be preferred to all others, except tates " 
those attending the last illness of the deceased and his fune- 
ral expenses, excluding the physician's bill. 

§ 16. If default be made in the payment of interest, or Default, 
of principal, when due, interest at the rate of twelve per 
cent, per annum on the amount due shall be charged from 
the default, and may be recovered by suit. Suit may be for 
the interest only, whether the principal be due or not ; and 
if the interest be not paid within ten days after the same 
becomes due, the principal, at the option of the holder of 
the note, shall thereby become due, and may be recovered 
by suit, if necessary. 

§ 17. All judgments for principal or interest, or both, Judgments. ; 
shall draw interest at the rate of twelve per cent, from the 
rendition of judgment; and said board may purchase 
in property sold on execution or decree in their own favor, 
as other persons, with right of redemption, as in other 
cases. No judgment for costs shall be rendered against 
said board, to be paid out of the school funds. 

§ 18. If the security for any loan or other debt due the Additional se- 
school district, in the judgment of the board, become doubt- cunt ) r - 
ful or insecure, they shall cause the debtor to be notified 
thereof; and if he do not immediately secure the same, to 
the satisfaction of the board, the principal and interest 
shall thereby become due immediately and suit may be 



168 



SCHOOLS. 



Annual 
ment. 



state- 



Scholars. 



Admission. 



Bonds and ob- 
ligations. 



Act attached to 
charter. 



Election. 



brought against all the makers of the note, although, such 
condition or stipulation be not inserted in the note. 

§ 19. The board of education shall publish, annually, a 
statement of the number of pupils instructed the preceding 
year, the several branches of education pursued, the re- 
ceipts and expenditures of each school, specifying the re- 
sources of such receipt, and the objects of such expend- 
itures. 

§ 20. Said board shall have full power to admit per- 
sons who do not reside within said district into said schools, 
upon such terms as they may think proper. 

§ 21. All free white persons, over the age of five years 
and under the age of twenty-one years, residing within 
said district, shall be admitted to said schools free or upon 
the payment of such rates of tuition as the board shall pre- 
scribe ; but nothing herein contained shall prevent persons 
being suspended, expelled, or kept out of said schools alto- 
gether, for improper conduct. 

§ 22. In purchasing or leasing grounds or buildings, for 
school purposes, said board of education may do so on 
credit ; and when the price and conditions of the purchase 
or lease are agreed upon, the board may certify the same to 
the city council of G-alesburg, and the council shall make, 
or cause to be made, to the proper party, the bonds or obli- 
gations of said city for the payment of the purchase money 
according to said terms ; or said board may execute in their 
own name, said contract, bonds or obligations, and they 
shall be binding upon said city, and the council shall pro- 
vide for the payment of the same and the interest thereon 
as it becomes due, as though they were executed by the city 
of Galesburg and under her corporate seal. 

§ 23. This act shall be attached to the act incorporating 
the city of Galesburg and be considered a part of said 
charter. 

§ 24. This act shall not take effect or be in force without 
a majority of the legal voters of said city shall decide in its 
favor, at an election for that purpose, to be held at such time 
and conducted in such manner as the council of said city 
may direct. 

Approved February 18, 1S59. 



In force Febru- AN ACT to incorporate the Lee Centre Union Graded School and Union District 
ar/ 21, 1859. Number one. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That Lyman 
C. Wheat, Charles Gardner and Leander C. Sawyer, direct- 



SCHOOLS. 169 

« 

ors of Union District No. one, of towns 20 and 21, ranges B ° n d J c ^ c rate 
10 and 11, and their successors in office, to he elected as aD p ° l 
hereinafter provided, be and they are hereby created a body 
corporate and politic, by the name and style of the " Di- 
rectors of the Lee Centre Union Graded School;" to have 
and to use a common seal and alter the same at pleasure, 
with power to sue and be sued ; to plead and be impleaded; 
and to acquire, hold, sell and transfer both real and personal 
property, by any and all usual modes, as individuals may or 
can do. 

§ 2. The object of this corporation is to promote the Objects of in- 
cause of education, by the establishment and maintenance cor P oratlon - 
of a union graded school, at the village of Lee Centre, in 
the county of Lee ; and to more fully accomplish that ob- 
ject, and for the permanency and stablity of the said union 
district, the following boundaries are hereby fixed, and or- Boundaries. 
darned, to wit : the whole of sections No. (o) five, (6) six, 
(7) seven, (8) eight, (17) seventeen and (18) eighteen, in 
township No. (20) twenty; also section No. (31) thirty-one 
and the west half of section No. (32) thirty-two, in township 
ISTo. (21) twenty-one, all in range No. (11) eleven; also sec- 
tion No. (1) one and the north-east quarter of section No. 
(12) twelve, in township No. (20) twenty; also the south 
half of section No. (36) thirty-six, in township No. (21) 
twenty-one, of range No. (10) ten — all east of the (1th) 
fourth principal meridian. 

§ 3. The boundaries of said district shall only be re- Boundaries 
duced in the following manner, to wit : Upon the presenta- how reduced - 
tion to said board of directors of a petition, signed by at 
least twenty legal voters, setting forth particularly the 
change desired, it shall be the duty of said board of direct- 
ors to post notices in at least five public places in said dis- 
trict, for at least ten days, stating particularly the change 
petitioned for and naming the time and place at which the 
legal voters of said district shall meet to vote on said 
change. If a majority of the votes cast at such meeting 
shall be in favor of such change, it shall be made, by record- 
ing a certificate thereof, signed by the president and secre- 
tary of said board, in the town treasurer's office, in the town 
of Lee Centre, and also in the county clerk's office, in the 
county of Lee. Meetings held under this section shall be 
conducted as the board may, by its by-laws, direct. 

§ 1. Additions may at any time be made to the bound- Boundaries 
aries of this district, by the joint action of the trustees of how barged, 
the towns affected thereby and the board hereby created, 
and recorded as provided in section three of this act; 

§ 5. The first election held under this act shall be held First election, 
on the first Monday in October, A. D. 1859; notices of 
which shall be posted by the directors of said district, as 
provided by the general school law. All persons residing 
within the limits of this corporation, qualified to vote at 
—13 



170 SCHOOLS. 

general elections, shall be legal voters, at the first election 
held under this act. And all elections under this act shall 
be conducted in the same manner as provided by law for the 
election of school directors, except as herein provided. The 
Term of office first directors elected under this act shall hold their office as 
of directors. f n; ows • oue f or the term of one year, one for the term of 
two years, and one for the term of three years; and the 
first directors elected under this act shall determine the term 
which they are severally to hold, by casting lots therefor, on 
the day of said election ; and there shall annually thereafter, 
on the first Monday in October, in each year, be elected one 
director in said district, in place of the one whose term ex- 
pires on that day, to hold his office for the term of three 
years, and until his successor is duly elected. Returns of 
said elections shall be made to the township treasurer of the 
town of Lee Centre. 
By-laws and § 6. Said directors shall have power to make, alter and 
regulations, establish, from time to time, such rules, by-laws and regu- 
lations as they may deem necessary for the good govern- 
ment and the proper management of the institution under 
Proviso. their control : Provided, always, that such rules and regula- 

tions are not inconsistent with the constitution of the United 
States or of this state. 
Powers of di- § 7. Said directors shall have power and authority, from 
rectors. ^ me to ti me , to regulate the course of studies to be pursued 

in said institution ; to fix the rate of tuition, room rents and 
other expenses ; to appoint or employ instructors and such 
other officers and agents as may be needful in the manage- 
ment of said institution ; to define their powers, fix their 
duties, displace or remove them at pleasure ; to rent or lease 
said buildings, or any part thereof, for school purposes, if 
they deem the same conducive to the good of the cause of 
education, in all cases reserving the control thereof to them- 
selves ; and, finally, to be, in fact, the only school directors 
in said district, with all the powers, rights and jmvileges 
given to school directors and school districts under the gen- 
eral school laws of this state, by which they are to be gov- 
erned, except as herein provided. 
Taxes § 8. The directors shall have power to levy taxes, not to 

exceed one per cent, per annum, on the taxable property of 
said districts, for the purpose of paying the debts due from 
or assumed by said directors for school purposes, building 
or repairing school houses, furnishing school apparatus, 
libraries, and for all other purposes, in manner and form as 
provided by the general school law. 
Treasurer. § 9. The town treasurer of town (20) twenty north, 

range (11) eleven east of the fourth principal meridian, 
shall be ex officio treasurer of the board hereby created, and 
receive such compensation as the board may determine, and 
give bond, as required by law. 



SCHOOLS. 171 

§ 10. The collector of the town of Lee Centre shall be Collector. 
esk officio collector of all school taxes in said district, and 
shall pay all taxes collected for school purposes, in said dis- 
trict, to the treasurer of said board, whose receipt shall be 
a good and only voucher in the settlement of said collector 
with the county treasurer. 

§ 11. The county clerk of said county of Lee shall cause Duty of county 
all school taxes levied in said district and returned to him, clerk - 
in pursuance of law, to be included in and extended upon 
the collector's book for the town of Lee Centre, who is 
hereby declared to be the only authorized collector* of 
school taxes in said district. 

§ 12. The trustees of schools in the different towns of Duty of tras- 
whichthis district froms a part, are hereby required to cause tees ' 
to be distributed and paid upon all schedules of scholars 
residing in their respective towns and attending school in 
the institution under the control of the board hereby created, 
and properly certified and returned to the township treasurer 
of their said town, an equal pro rata share of all school 
funds distributed by them ; and refusal by said trustees to Penalty for 
apportion and to pay over the fund, as herein provided, or a duty** ° f 
failure therein, shall render said trustees, so refusing or fail- 
ing, personally responsible for the amount so due, to be re- 
covered by action of debt, in the name of the directors, be- 
fore any court having jurisdiction of the sum in contro- 
versy. 

§ 13. Whenever the trustees of the Lee Centre Academy, Trustees of 
or a majority of them, shall execute and deliver to the clerk Academ^co?- 
of the circuit court of Lee county their written consent to sent of to vest 
this act, and the same has been duly recorded in the re- Sismc? '" 
corder's office in said county, all the corporate property of 
said trustees, both real and personal, shall be vested in the 
corporation hereby created ; and any and all acts of the said Acts of legal- 
trustees of the Lee Centre Academy and of the directors lzed - 
of Union District No. One, in the town of Lee Centre, are 
hereby declared legal and valid, notwithstanding any irre- 
gularity therein. 

§ 14. The said board of directors shall, at their first President and 
meeting after their election, and at each of their annual secretar y- 
meetings thereafter, elect one of their number president and 
another of their number secretary, to hold their office for 
one year and until their successors are duly elected. It 
shall be the duty of the president and secretary to sign all 
papers and documents of said board, and the same are 
hereby declared legal and valid, when signed as above. 
The board of directors shall hold at least one annual meeting 
in each year, the time and place to be fixed by themselves, 
as they may determine. 

§ 15. Said iustitution shall be entitled to a suit of the spe- Entitled to suit 
cimens to be collected under the fourth section of an act of specimen?. 



172 



SCHOOLS. 



Acts repeal 



Public aci 



entitled " An act for the geological and mineralogical sur- 
vey of the state of Illinois," approved February IT, 1851. 

§ 16. All acts or parts of acts conflicting with this act 
are hereby repealed, so far as their application to this act is 
concerned. 

§ 17. This act shall be deemed and taken as a public 
act, in all the courts in this state, and shall be in force from 
and after its passage. 

Approved February 21, 1859. 



In force Febru- 
ary 24, 1859. 



Lincoln school 
district form- 
ed. 



Election of 
directors. 



Notice. 



Powers. 



Nothing to in- 
terfere with 
former con- 
tracts. 



AN ACT to establish the Lincoln School District, in Logan county. 

Shction 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the follow- 
ing school districts, to-wit : District No. three (3,) in township 
twenty (20) north, of range two (2) west, and district No. 
four ( 4,) in township twenty (20) north, of range three ( 3 ) 
west, in the county of Logan, and state of Illinois, be and 
the same are hereby formed into and shall constitute one 
school district, and be known and designated as the Lincoln 
school district; and the inhabitants thereof shall be entitled to 
and possess all the powers, privileges, rights and immunities 
of other school districts, now provided for by law. 

§ 2. It shall be the duty of the legal voters within said 
school district to meet at some convenient place within the 
district, on the first Monday of March next, or as soon 
thereafter as convenient, and elect three persons within the 
district, to be styled " School Directors," who shall continue 
in office for the term of two years, and until their successors 
are elected. The notice for said election shall be given, and 
said election shall be conducted in the manner now provided 
by law for the election of directors in school districts. 

§ 3. The said directors, in addition to the powers now 
detined by law, as directors, shall possess all the powers and 
privileges of trustees of townships, for school purposes, and 
shall be recognized and regarded by the school commis- 
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 are hereby 
required to perform all the duties of such trustees, as well as 
directors, for said school district. 

§ 4c. Nothing contained in this act shall be so construed 
as to interfere with any contract heretofore made by the 
school directors of any portion of the territory constituting 
said school district, with reference to the employment of 
teachers, the building of school houses, the purchase of 



SCHOOLS* 173 

ground for school purposes, or any other act done or per- 
formed by them as such school directors. 

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

Appkoved February 24, 1S59. 



AN ACT to amend an act entitled "An act to incorporate Rock Island School In force Febru- 
Distriet," approved February 18, 1857. ary 22, 1859. 

Sectiox 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the an- 
nual election of the board of education of the Eock Island Time of elec 
school district shall hereafter be held on the fourth Tuesday tion - 
of March in each year. 

§ 2. After the next annual election, the said board of Term of office, 
education shall consist of three members, one of whom 
shall be elected annually, and whose several terms of office 
shall be for three years aud until their successors are elected 
and qualified. One member of said board shall be elected 
at the next annual election ; the two members of the present 
board, whose term of office does not expire till the first 
Tuesday of April, 1860, shall continue in office, one of them 
for one year and one of them for two years, from the time 
for holding the next annual election and until their succes- 
sors are elected and qualified. At the first meeting of the 
board after the next annual election it shall be determined, 
by lot, which of said two members shall hold his office for 
two years. So soon after each annual election as practica- 
ble, the said board shall appoint some legal voter of said 
school district an alternate member thereof; and in case of Alternate 
a vacancy in said board, or of the absence of a regular member - 
member from the district, said alternate shall have all the 
powers and perform all the duties of a regular member dur- 
ing said absence, or until said vacancy is filled, as provided 
for in the act to which this is an amendment. 

§ 3. Any officer whose duty it shall be to collect the Collection or 
taxes levied by or payable to said board of education, shall, taxes - 
on the last Saturday of each month, pay to the treasurer of 
said board so much of said taxes, after deducting his per 
centage, as he has collected and not paid previous to that 
time ; and for failure to make payments, as herein required, 
he shall forfeit to said board, for school purposes, his per 
centage for collecting the taxes so retained, and two per 
cent, a month on the amount so retained, from the time it 
was due until it is paid. 

§ 4. If there is an omission in any year to le£f»!!y assess 
the i':f'.liw.'»I U'.i hy >.n>> ' .'.I'iii.i upon an; 



174 SCHOOLS. 



a.sse>; 
tax 



Prior acts. 



Omission to real estate or personal property within the limits of said dis 
school tr - ct an( j SUD j ec t to taxation, the taxes thus omitted to be 
legally assessed shall be added to the assessment upon the 
property the following year, and collected and paid into the 
treasury of said board. 

§ 5. All prior acts or parts of acts, inconsistent with the 
provisions of this act, are hereby repealed, and any act of 
the general assembly now in force or hereafter enacted, shall 
not be construed in any manner to repeal, alter or change 
any of the provisions of this act, unless such act shall spe- 
cifically provide for such repeal, alteration or change. 

§ 6. This act is declared to be a public act, and shall 
take eifect and be in force from and after its passage. 

Approved February 22, 1859. 



In force Febru« AX ACT to' amend an act entitled "An act to amend the charter of the city of Peo- 
ary 18, 1859. ria and to establish and regulate a system of Public Schools in said city. 

Section 1. Be it enacted ly the People of the State of 

Illinois, represented in the General Assembly, That the eighth 

section of the act entitled "An act to amend the charter of 

Charter amen- the city of Peoria and to establish and regulate a system of 

ded - public schools in said city," approved February 14th, 1855, 

be and the same is hereby so altered and amended that on 

the first Monday of April next and on the first Monday of 

April of any subsequent year, whenever any school tax has 

not been voted at the election in the month of November,, 

specified in said eighth section, a vote shall be taken for and 

against levying a school tax for the current year; and the 

Election for election for that purpose shall be held at the same time and 

and against pi aces j n g.^ c [^j as are or may |) e provided by law and the 

ordinances of said city for holding elections for members of 
the board of school inspectors of said city; and that at such 
elections the voters shall vote for or against a school tax, by 
having appropriate words written or printed upon the ballots 
for said school inspector ; Provided, however, that the said 
board of school inspectors shall, previous to such election,, 
determine the amount of money which in their opinion will 
be necessary for the support of the public schools of the city 
to be raised by taxation that year, which may be the same as 
the amount determined upon previous to the preceding 
November election, or a different amount, m their discretion;' 
st . a ^ en j ent P ub " and shall publish in one or more newspapers published in 
the city of Peoria, at least one week previous to said first 
Monday of April, a statement of the amount which, in their* 
opinion, will be necessary to be raised by taxation for that 
year, for the support of publiG schools and school purposes. 



commissioner. 



SCHOOLS. 175 

The said elections shall, in all other respects, be conducted 
and held as is or irfay be provided by law and the ordinances 
of said city; and if it shall appear that a majority of all the 
voters voting on the question are in favor of a school tax, 
then the amount so last determined upon by the board of 
school inspectors shall be assessed and collected in the same 
manner as the city taxes, and paid over by the collector to 
the treasurer of the board of school inspectors. 

§ 2. Be it further enacted, That the school commissioner Duty of school 
of Peoria county be and he is hereby authorized, upon receipt 
of the auditor's warrant, to pay to the treasurer of the board 
of school inspectors of the city of Peoria a sum which shall 
bear the same proportion to the amount of the warrant that 
the number of persons in the city of Peoria under twenty-one 
years, as described by the common school law, shall bear to 
the whole number of persons under twenty-one years in the 
above named county of Peoria, and that said commissioner 
shall, after payment of above stated sum, proceed to make 
distribution of the remainder of said warrant as provided by 
law. 

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

Approved February 18, 1859. 



AX ACT to legalize an assessment of taxes in [ a ] certain school district in the In force £ ebrn- 
county of Peoria. ary 24, 1859, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That an as- 
sessment of taxes made and levied in a certain school district 
in the county of Peoria, known as the Pome district, and 
composed of fractional township ten north, range nine east, 
and sections thirty-one and thirty-two in township eleven 
north, of range nine east, in the year 1S58, for the purpose 
of building a school house in said district, be and the same is Assessment le« 
hereby legalized and declared in all respects valid; and the s ed " 
same shall be collected as is now provided by law for collect- 
ing taxes in such cases. 

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

Approved February 2±, 1859, 



176 ■ SCHOOLS. 

In force Febru- AN ACT to legalize the assessment of School Directors of School District ~No, One^ 
ary U, 1859. in T. 19 N., K. 11 W., in VermiUon county, State of Dlinois, for the year 1858. ' 

a 

Preamble. "Whereas the school directors of district No. one, in T. 19 N., 
E. 11 W.j in Vermilion county, state of Illinois, did levy, 
for the year 1858, twenty cents for general school purposes 
and eighty cents for paying teachers and extending terms 
of schools, on each one hundred dollars' valuation of taxa- 
ble property in said district, without the consent of a ma- 
jority of the voters in said district, as provided by sections 
41 and 48 of "An act to establish and maintain a system, 
of free schools,' 1 approved February 16, 1857; and whereas 
the superintendent of public instruction has decided offi- 
cially that the provisions of said sections 44 and 48 of said 
act requiring the consent of a majority of the legal voters 
of each school district to levy taxes for the purpose of ex- 
tending the terms of schools for a longer period than six 
months in each year are null and void ; wherefore, 
Section 1. Be it enacted by the People of the State of 
Illinois, presented in the General Assembly, That the as- 
Assessment le- sessment of schocl directors of school district No. one, in T. 
sahzed. 19 ^ R n w ^ in y ermilion coimtVj state of Illinois, for 

the year 1858, for general school purposes and for paying 
teachers and extending terms of schools for said year, be and 
the same is hereby legalized and declared to be equally as 
binding and legal as said assessments would have been had 
said assessment been made with the consent of a majority 
of the legal voters of said school district. 

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

Approved February 14, 1859. 



In force Febru- AN ACT to legalize the schedules of schools taught in Mowequa, Shelbv county, 
ary 18, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
schedules of schools taught by W. M. K. Eaton, in the town 
of Mowequa, Shelby county, being township 14 1ST., R. 2 
HC aUz U ' eS le ' east, in the year 1855, be and the same are hereby legalized, 
and that the school trustees of township 14, range 2 east, and 
township 14, range 1 east, of said county, be and they are 
hereby authorized and required to receive said schedules 
and require the same to be paid as other schedules. 

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

Approved February 18, 1859. 



SCHOOLS. 



177 



x\X ACT to legalize the acts of the Board of School Trustees therein named. In force Febru- 
ary 14, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois^ represented in the General Assembly, That all the 
acts and-doings of the board of trustees of township number Acts legalized, 
twenty-eight, range nine east of the fourth principal merid- 
ian, in the county of Stephenson and state, of Illinois, at 
meetings held on the fourth and thirteenth days of January, 
in the "year one thousand eight hundred and fifty-eight, in 
relation to altering, enlarging, consolidating or forming 
school districts, are hereby" legalized and declared to be of 
full force and effect. 

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

Approved February 14, 1859. 



AX ACT to legalize certain proceedings of the School Trustees of town. 36, R. 9, In force Febru- 
m Will county, and of a certain school district therein. ary 19, 1859. 

"Whereas doubts exist whether the proceedings for the forma- Preamble, 
tion of union school district number one, in town thirty- 
six, range nine, in Will county, are strictly regular ; and 
whereas a considerable sum has been raised for the build- 
ing of a school house in said district, for the purpose of re- 
moving all doubts as to the regularity of said proceedings, 
Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all the Acts legalized, 
acts and proceedings of the school trustees of town thirty- 
six, range nine, in Will county, and of the school directors 
of union district number one, in said town, in uniting dis- 
tricts and levying and collecting taxes for building school 
house and the support of schools therein, be and the same 
are hereby legalized, and that all proceedings may be had 
in the same manner as if the said beforementioned proceed- 
ings had been strictly regular and legal. 

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

Approved February 19, 1859. 



AX ACT for the relief of the tax-payers of School District Xo. 1, in the town of In force Febru- 
Princeton, Bureau county. ary 15, 1859. 

Section 1. x Be it enacted ly the People of the State of 
Illinois, represented in the Genercd Assembly, That it is here- Duty of coiiec- 
by made the duty of the present collector of the town of tor " 



178 SCHOOLS. 

Princeton, in Bureau county, to collect, of the tax levied for 
school building and contingent purposes, for the year 1858, 
in school district No. 1, in said town, the sum of seventy-five 
cents on each one hundred dollars of valuation in said dis- 
trict, or three-eighths of said tax, and no more ; and the re- 
mainder of said tax, or five-eighths of said tax, is hereby re- 
mitted and declared void ; and if, before being notified of 
the passage of this act, the said collector shall have collected 
any part of said school tax, it is hereby made the duty of 

To refund tax. said collector to refund so much of the tax so paid as shall 
exceed the said sum of seventy-five cents on the one hundred 
dollars of valuation to the person having paid such tax, or 
his authorized agent; and the school directors of said district 

A d " th0 [ ity ° f ^°* ^ 5 are l iere % authorized to expend such tax, when so 
collected, either for general school purposes or for contin- 
gent expenses, as they shall deem expedient. 

§ 2. This act to take effect from and after its passage. 
Approved January 15, 1859. 



In force Febru- AN ACT to relieve school District No. 1, in the town of Chenoa, in the county of 
ary 24, 1859. McLean. 

Freambie. Whereas by a misunderstanding of duty, the directors of 
school district No. 1, in township No. 26, of range 4 
east, in said county of McLean, failed to take a census of 
all the children under twenty-one years of age, in said 
district, at the time and in the manner required by law, 
and are thus deprived of school moneys which otherwise 
might be drawn for the support of a school in said district ; 
and whereas, by some clerical error or errors in preparing 
a list of tax payers, and in computing and graduating a 
tax for building a school house, now already erected, in 
said district, the officers thereof, with their constituents, 
are embarrassed and the property of the district endan- 
gered — the collection of said tax having been prevented 
by an injunction issued by the circuit court of said county. 
Section 1 1. Be it enacted by the Peojyle of the State of 
Illinois, represented in the General Assembly, That it shall 
Directors may be lawful for the directors of school district No. 1, in town- 
; errors. g ^-^ -^ ^ range 4 east, immediately after the passage of 
this act, to proceed to the correction of all the errors refer- 
red to in the foregoing preamble, and to secure the levy and 
collection by the proper officers and in the usual form, of a 
tax not exceeding eight hundred dollars, for the purpose 
therein named. 
Duty of officers § 2. It shall be the duty of all the officers upon whom 
the legal preparation of a tax book, in ordinary cases, for a 



SCHOOLS. 179 

like end, devolves, to fulfill their respective obligations in 
these premises with a promptness which shall place the 
requisite tax books in the hands of the collector of the said 
township, on or before the first day of March next, A. D. 
1859. " 

§ 3. It shall be the duty of the said collector to make Duty of collec- 
collection of the said tax, and deliver over the amount to tor - 
the authorized treasurer of the said township, for the use 
aforesaid, on or before the first day of April, A. D. 1859, 
reserving per cent, for his the said collector's services. 

§ 4. The penalty for neglect of any officer concerned in Penalty for 
these premises, shall be the same as that which is defined ne s ,ect 
as pertaining to his office in case of neglect in other like 
duties. 

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

Approved February 24, 1859, 



AN ACT relating to certain schools and school property in Adams county. i n f or ce Febru- 

ary 18, 1859. 

"Whereas by an act entitled "An act to create a school dis- Preamble, 
trict therein named," approved February eighth, 1853, a 
school district was established of certain territory in the 
county of Adams, called "Union School District"; and 
wherjeas said school district afterwards acquired certain 
grounds and school edifices thereon for the use of schools 
situate in said district and paid for with money raised by 
taxation in said district; and whereas afterwards, by the 
operation of an act entitled "An act in relation to the 
city of Quincy, and for other purposes therein expressed," 
approved February 16th, 1857, the said first named act 
was repealed and out of a portion of said union school 
district, that is to say, the west half of section six, in 
township two south, in range eight west, in said Adams 
county, a school district was established, called " School 
District Number Two," being in the town of Melrose, 
and within and upon which said grounds and school edifi- 
ces are situated; and whereas, by and under supposed 
authority conferred by said last named act, certain persons, 
in said act named, sold and conveyed said grounds and 
school edifices unto James C. Sprague, the consideration 
for which remains unpaid, and which consideration money 
cannot be equitably disposed of under said act; and 
whereas said Sprague has made certain valuable improve- 
ments to the same edifices since said conveyance; and 
whereas, on account of doubts as to the title acquired 
under said conveyance and the impracticability of a 
distribution or application of the proceeds of said sale. 



180 



SCHOOLS. 



under said act, the said Sprague is willing' to release the 
said grounds and edifices unto the school directors of said 
school district number two, upon the payment of the value 
of said improvements; therefore, 

Section 1. Be it enacted ly the People of the State of 

Illinois, represented in the General Assembly, That the school 

Directors em- directors of school district number two, in the town of Mel- 

raJe re mone°- rose, in the county of Adams, be and they are hereby 

by taxation, empowered to raise money, by taxation, for the payment of 

the debts of said district and the amount and value of the 

improvements made by James 0. Sprague upon the school 

property and edifices situate in said "school district, and 

formerly held as the school property of "Union School 

District," in said county of Adams; and for that purpose 

said directors may make out and file with the clerk of the 

county court of said county of Adams an estimate and 

certificate of the amount of funds required for such purpose 

and other school purposes therein, for the year 1859, or any 

subsequent year together with a list of the tax payers of 

said district as the said district shall be composed at the 

time of making such estimate in manner required in case of 

taxation for district purposes by the general school laws of 

this state; and the same proceedings shall be had upon said 

estimate and certificate by the said clerk and other authority 

and by the proper collector in the collection thereof, as is 

provided by the general school laws of this state in case of 

taxation for paying teachers and other district purposes. 

Directors may § 2. The directors of said school district may, upon the 

gr S o ? unds° f the execution of a deed of quit-claim to them of said grounds 

and edifices thereon, by said James C. Sprague, dispose of 

any surplus or unnecessary portion or portions of said 

grounds and school property and the proceeds thereof apply 

to the payment of the debts of said district and payment of 

the amount and value of the said improvements thereto 

made as aforesaid, instead of raising the same moneys by 

taxation, as aforesaid, if, in their judgment, the same be 

advisable ; and upon such sale or disposition may execute 

sufficient conveyance thereof. 

Change of the § 3. The inhabitants of all or any portion of the district 

district. f country embraced in said " Union School District" created 

by an act entitled "An act to create a school district therein 

named," approved February 8th, 1853, may become a portion 

of the said school district number two, at their election, by 

filing by the head of any family desiring to become united 

therewith with the town clerk of the town of Melrose, a 

Proviso. written application for that purpose: Provided, all such 

applications shall be made prior to the first day of May, A. 

D.1859. 

Directors may § -I. The school directors of said district may hereafter, 

and thlTchooi snomcl tne y deem the same advisable, sell the said grounds 

edifices. and school edifices, and the proceeds thereof apply to^ obtain- 



SCHOOLS. 181 

iug other grounds in said district and the erection of a school 
edifice thereon, on the petition for that purpose of a majority 
of the legal voters of said district; and in case of sale may 
execute proper conveyance for the same. 

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

Approved Feb. 18, 1859. 



AN ACT entitled " An act in relation to School District No. one, in township In force Feb'y 
one, in the county of Adams." 24, 1859. 

Whereas the inhabitants of ail that part of township No. two Preamble. 

( 2 ) north, nine ( 9 ) west, in Adams county, Illinois, lying 

south of Bear creek, are, in consequence of said creek, 

deprived of the advantages of common schools in said 

township ; therefore, 

Section 1. Be it enacted by the People of the State of District chaug- 
Illinois, represented in the General Assembly, That all that ed * 
part of sections thirty-five (35) and thirty-six ( 36,) in said 
township, lying south of Bear creek, be and the same is 
permanently attached to and shall hereafter form a part of 
school district No. one (1,) in township one (1) north, range 
nine ( 9 ) west, in said Adams comity ; and the inhabitants 
thereof shall be entitled to and possess all the powers, privi- 
leges, rights and immunities of other school districts now 
provided for by law. 

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

Approved February 24, 1859. 



AN ACT entitled an act to permit the trustees of schools for township 2 north, In force April 
range 8 west, in Adams county, Illinois, to purchase and receive a deed from 26 1859. 
Marcelline Lodge No. 114, for an undivided half or moiety of lot 22, in Payna's 
addition to the town of Marcelline in said Adams county. 

Section 1. Be it enacted by the People of the State of Conveyance 
Illinois, represented in the General Assembly, That the authonze 
proper officers, Allen Wait, master, John W. Richards, 
senior warden, and Elickim Johnson, junior warden, being 
officers of Marcelline Lodge, No. 114, of Ancient Free and 
Accepted Masons, or their successors in office, are hereby 
authorized to convey unto the trustees of schools of town- 
ship two north, range eight west, in the county of Adams, 
and state of Illinois, for the use and benefit of school dis- 
trict No. 4, of said township, one undivided half or moiety 
of lot No. 12, in Payne's addition to the town of Marcelline, 



182 



SCHOOLS. 



in said Adams county, Illinois, to be used for school pur- 
poses in said district ; and the said trustees of schools of 
said township are hereby permitted and authorized, if they 
deem it advisable to do so, to receive said deed of convey- 
ance and to make payment therefor. 
Approved February 21, 1859. 



In force Febru- 
ary 9, 1859. 



District cre- 
ated. 



Benefits. 



AN ACT to create an additional school district in Brown county. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That an ad- 
ditional school district be created in the county of Brown, 
to include the following sections and parts of sections of 
land, in said county to-wit : All of section 6 and west half 
of section 5, township 1 south, range 3 west ; all of section 
1, township 1 south, range 4 west; all of section 36, town- 
ship 1 north, range 1 west; all of section 31, and south half 
of section 30, township 1 north, range 3 west of the 4th P. 
M. 

§ 2. Be it further enacted, That said school district, so 
created, be and the same is hereby declared to be one of the 
school districts of Brown county, and as such entitled to all 
the benefits and subject to all the provisions of the laws of 
the state of Illinois relating to common schools. 

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

Approved February 9, 1859. 



In force Febru- 
ary 14, 1S59. 



District cre- 
ated. 



Election for 
directors. 



AN ACT to create a certain School District therein named. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the in- 
habitants residing upon section number six, in township 3 
south, range 8 west, and section 31, in township 2 south, 
range 8 w r est, and section number 1, in township number 3 
south, range 9 west, and section number 36, in township 2 
south, range 9 west of the third principal meridian, be and 
the same is hereby created a school district, with all the 
rights and privileges which other districts under the school 
law of this state may exercise and possess. 

§ 2. That the inhabitants of said school district, upon 
giving ten days' notice of the time and place of holding an 
electicn, elect three school directors, on or before the first 



SCHOOLS. 183 

day of April, 1859, who shall hold their office and discharge 
the duties of school directors of said district for one year 
and until their successors are elected and qualified. 

§ 3. That the teachers of schools in said district shall Schedules, 
keep separate schedules of the scholars residing upon each 
of said sections attending the school or schools oi said dis- 
trict, and said separate schedules shall be kept, certified and 
returned, as now required by law, to the trustees of the 
townships, severally, of which said district is composed ; and 
it shall be the duty of the trustees of the respective town- 
ships aforesaid to pay out of the school fund, upon the sche- 
dules so certified to them, the amount which by law shall 
be due, in like manner as upon other schedules of schools 
taught in said township. 

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

Appkoved February 11, 1859 



AX ACT to amend an act entitled "An act to form a fractional township, for In force Febru- 
school purposes, in the count)' of Jackson," approved February 13th, 1861. ary 24, 1859. 



Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General Asse/ndly, That so much 
of the first section of said act as reads "township seven (7) Act amen ded. 
north, range five (5) west," be and the same is hereby so 
amended as to read " township seven (7)" south, range five 
(5) west." 

§ 2. This act to take effect and be in force from and after certified copy, 
its passage, and that the secretary of state certify a copy 
hereof to the clerk of the county court of Jackson county, 
upon its passage. 

Approved February 21, 1859. 



AS ACT amendatory of an act entitled "An act in relation to that part of town- j u f orce ;p e b 
ship 39 north, of range li east of the third principal meridian, in relation to jq 1^50, 
schools," approved February 2yd, 1>17. ' " * 

Section 1. Be it enacted lij the People of the State of 
IUmois, represented in the General Assembly^ That all that 
part of township thirty-nine north, of range fourteen east of District divid- 
the third principal meridian, in Cook county, which lies south ed - 
of the corporate limits of the city of Chicago, and which is 
by an act of the general assembly of the state of Illinois, 
approved February 23d, 1817, made and constituted a school 
district, by the name of " South Chicago School District," 



District No. 2. 



1S4 SCHOOLS. 

be and the same is hereby divided into two school districts. 
All that portion ot said town lying south of the corporate 
limits of said city of Chicago and west of the centre of 
Stewart avenue, shall constitute one district, and shall be 
known and named "South Chicago School District Number 

District No. l. One,"' and shall, in all things, be subject to said act, approved, 
foresaid, February 23d, 1817. And that part of said 
town 39, lying south of the corporate- limits of said city, 
and east of the centre of said Stewart avenue, shall consti- 
tute another school district, and shall be known and named 
"South Chicago School District Number Two." 

Duty of agent. § 2. It shall be the duty of the agent of the school fund, 
appointed by the common council of the city of Chicago, 
into whose hands the school taxes for the year 1858, asses- 
sed upon the property lying and being in said town, and 
south of the said corporate limits of said city, are paid by 
the collector, to divide the same equally between the said 
school districts, disbursing the portion of the said school 
district number one in accordance with the requirements of 
the aforesaid act of 1817, and disbursing the portion of said 
school district number two only upon a written order of a 
majority of the school directors, hereafter required to be 
chosen under the provisions of this act. 

Tax author- § 3. For the purpose of erecting a school house and pur- 

ized. chasing a site therefor, and for repairing and improving the 

same, procuring furniture, fuel and district library, and for 
the purpose of paying the balance due teachers, after the 
state and township funds are exhausted, the board of di- 
rectors of said school district number two, shall be author- 
ized to have levied and collected annually a tax on all the 
property in the said district. Audit is further provided, that 
the legal voters of said district number two may, at the first 
election for directors herein provided for, by a majority of 
the votes then cast, determine what rate per cent, shall be 
levied and collected on the assessed value of the property 
in said district number two for the purposes of erecting a 
school house and purchasing a site therefor ; and in case the 
legal voters shall vote for such levy, the same shall be certi- 
fied to the clerk of Cook county court by the presiding offi- 

Duty of clerk, cer of said election, who shall immediately thereupon make, 
according to the rate or rates certified, a tax book,' and shall 
compute each taxable person's tax in said district, taking a? 
a basis the total amount of taxable property returned by the 
town assessor for the year 1858, lying and being in said dis- 
trict, whether belonging to residents or non-residents ; and 
also each and every tract of land, assessed by the assessor, 
which lies, or the largest part of which lies in said dis- 
trict. The said county clerk shall cause each person's 
tax so computed to be set upon said tax book, which 
said clerk shall do within thirty days after filing of 
said certificate, and shall deliver the same to such persons 



SCHOOLS. 185 

as the board of directors may designate as the collector 

thereof; and they are hereby authorized to choose such col- Collector. 

lector, who shall give bond to said district number two, in 

the same manner as the township collector, and who shall 

have the same powers and be liable to the same penalties, in 

all respects, as town collectors; and the said collector shall 

proceed and collect said taxes within sixty days from the 

time of the delivery of said tax book, and shall be entitled 

to such remuneration therefor as shall be agreed upon by and Compensation 

between him and said directors, not exceeding two dollars 

per day while actually engaged. The said tax last provided 

is to be deemed a special tax, for the sole purpose of erect- Special tax. 

ing a school house and purchasing a site therefor, and is in 

addition to the annual tax. 

§ 4. It shall be the duty of the legal voters of said clis- El ®^ of di 
trict number two to meet at "The Shades," in said district, or 
other convenient place in said district (and when the school 
house is erected then thereat) on the first Saturday of April, 
A. D. 1859, between the hours of two and six o'clock P. M. 
of said day, and on the first Saturday of April biennially 
thereafter, and elect three persons within the district and le- 
gal voters thereof, to be styled "School Directors," who shall 
continue in office two years and until their successors are 
elected and qualified. In case, at any time, said election, 
for any reason, should fail to be held, then the same may Failure to hold 
be held on the first Saturday of any month, by notice being e ec 10n ' 
posted up in three of the most public places in said dis- 
trict, for at least ten days before said election, signed by at 
least ten legal voters of said district. The legal voters, 
when assembled, as aforesaid, shall choose one of their num- 
ber moderator, and one clerk, who shall conduct said election, 
as near as may be, according to the general school law of 
the state, approved February 16th, 1857, in relation to the 
election of school directors. Said election shall be by ballot, Manner of eiec- 
and in case of a tie, it shall be determined by lot by the tl0n " 
judges on the day of election. In case of a vacancy in the 
board, at any time, the unexpired term shall be filled by the 
remaining directors. The said moderator and clerk "shall 
make returns of said election, and the votes taken thereat, Returns. 
to the coimty clerk, within five days after such election. 
Said returns shall be opened by said county clerk as soon as 
may be, and he shall grant certificates of election to the 
three persons who shall by the returns seem to have the 
greatest number of votes. In case of contested elections, Contest, 
the contest shall be determined in the same manner provided 
by law for contesting the election of justices of the peace. 
The said school directors, as soon after their election as practi- 
cable, shall choose one of their number clerk, who shall keep 
a record of all the olficial acts of the board, in a book to be Record, 
provided for that purpose ; and shall also choose one of their 
number president of the said board. 
—14 



IS 6 SCHOOLS. 

Powers. § 5. The board of directors for said district number two 

shall have the same power and shall perform the like duties 
within said district that are possessed and performed by the 
trustees and inspectors of common schools in the city of Chi- 
cago. 
Body politic § 6. The board of directors aforesaid shall be deemed 
and corporate. ^J are nere D y declared a body politic and corporate, by the 
name of "School Directors of South Chicago School Dis- 
trict Number Two," and by that name may sue and be sued, 
plead and be impleaded, answer and be answered unto [in] 
all courts and places whatever, and shall have perpetual suc- 
cession ; and all contracts entered into by them shall be sign- 
ed by the president and clerk of the board, for and in behalf 
of said corporation, as also all orders, receipts and other 
papers. 
General school § 7. That whenever it may be found that the provisions of 
law - this act and the provisions of the charter and ordinances of 

the city of Chicago, in relation to common schools, do not 
sufficiently provide for any and every exigency that may 
arise in regard to the establishment and maintenance of a 
common school in said district, then and in such cases the 
board of school directors shall be governed by the act enti- 
tled "An act to establish and maintain a system of free 
schools," approved February 16th, 1857, so far as the same 
may be practicable. 
Certificate of § 8. Upon the directors of said district number two cer- 
directors. tifying to the county clerk of Cook county the per centum 
which they have levied upon the assessed value of the pro- 
perty of said district, as the same shall be valued by the as- 
sessor, he shall add to the tax list levied by the board of super- 
visors of Cook county, upon the property in said district, in 
a separate column, the tax levied by the school directors of 
said district, and the same shall be collected by the collector,^ 
as other taxes, in money, and paid by him to the agent of 
the school fund, appointed by the common council of the 
city of Chicago, who shall keep a separate account of the 
same and disburse it only upon the written orders of a ma- 
jority of said directors. 
Amount of mo- § 9. The said school directors are hereby authorized to 



ney to 



be draw from the agent of the school fund of the city of Chica- 
go, monthly, such an amount as said district shall be enti- 
tled to, in proportion to its number of inhabitants between 
the ages of five and twenty-one years, as compared with the 
whole number of inhabitants in said city, out of the interest 

Proviso. f the school fund in said township: Provided, a common 

school shall be established and maintained in said district, 
and said money drawn and appropriated solely for the pay- 
ment of teachers 1 wages. 

Teachers. § 10. No person shall be employed as teacher of the 

school in said district, unless he or she shall procure a certifi- 
cate of his or her competency to take charge of the same, 



SCHOOLS. 187 

rom the superintendent or inspectors of the common schools 
of the city of Chicago. 

§ 11. This act shall be taken and deemed a public act, 
and shall be in force from and after the date of its approval. 

Approved February 18, 1859. 



ACT to authorize the trustees of schools of |town four north, [of range three In force Febru- 
east, in Marion county, to sell school land therein mentioned. ary 23, 1859. 

Section 1. Be it enacted by the People of the State of 
Illlinois, represented in the General Assembly, That the trus- 
tees of schools of town four north, of range three east, in Trustees au- 
Marion county, be and they are hereby authorized to sell, S einand. 
at such time and on such credit as they may deem for the 
interest of education in said township, a part of the southeast 
quarter of the southeast quarter and a part of the northeast 
quarter of the northeast quarter of the southeast quarter of 
section sixteen, in said township and county, containing in 
all ten acres. 

§ 2. That upon the sale of the said land by the said trus- Deed - 
tees, as aforesaid, they shall execute and deliver to the pur- 
chaser thereof a deed, in fee simple, in their official character 
as trustees of schools ; and said deed shall vest the legal title 
to said land in the purchaser thereof. 

§ 3. The money arising from the sale of said land, after Proceeds, 
deducting the cost attending the same, shall be deposited by 
the said trustees with the school treasurer of said township, 
and to be by him put at interest as other school funds, and 
shall forever remain as a part of the common school fund 
for said township. 

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

Approved February 23, 1859. 



AN ACT for the benefit of School District Xo. three, township fire north, of range In force Febrn 
eight west, in the county of Hancock, and State of Illinois. ary 14, 1S59„ 

"Whereas the school directors of said school district did, in Preamble, 
the year A. D. 1S55, assess a tax of fifty cents on each 
hundred dollars worth of taxable property in said school 
district, for the purpose of building a school house in said 
district; and whereas the clerk of the county court or 
Hancock county, by an oversight, did not extend said tax 
against the town lots of the original town plat of the town 
of Hamilton, in said district ; and whereas, by such over- 



188 



SCHOOLS. 



sight, there was a deficiency of one hundred and sixty-two 

dollars in said tax ; therefore, 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly ; That the clerk 
Duty of clerk, of the county court of Hancock county be and he is hereby 
authorized and required to assess such a per cent, against 
the valuation of the town lots of the original town plat of 
said town of Hamilton, for the year A. D. 1859, as will raise 
a sum equivalent to one hundred and sixty-two dollars, with 
ten per cent, interest from the first day of January, A. D. 
1856. 

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

Approved February 14, 1859. 



I n force Febru- AN ACT to change the boundaries of certain School Districts therein named, 
ary 22, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, repyresented in the General Assembly, That all the 
Dists. changed, fractional parts of sections No. five (5) and six (6,) in town- 
ship No. thirty-five (35) north, of range five (5) east of the 
third principal meridian, lying north of Fox river, be attached 
to town No. thirty-six (36) north, of range five (5) east of 
the third principal meridian, for all school purposes ; also, 
that all of the fractional parts of sections No. twenty-five (25,) 
thirty-three (33,) thirty-four (34,) thirty-five (35) and thirty- 
six (36,) in township No. thirty-six (36,) be attached to town- 
ship No. thirty-five north, of range No. five east of the 3d 
principal meridian, for all school purposes. 

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

Approved February 22, 1859. 



Tt, fntv>o "PpH'v AN ACT to amend an act entitled " An act to change the boundary lines of a cer 

in iorcereuy . , , Mmkrinkthek-rmn-ntLmaA " 



23, 1859. 



tain school district therein named. 



Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Asspmbly, That here- 
District formed after the southwest quarter of section numbered thirty-five 
( 35,) the south half of section numbered thirty-four ( 34,) 
and the southeast quarter of section numbered thirty -three 
(33,) in township numbered four (4) north, range num- 
bered ten (10) east; also, the west half of section num- 



SCHOOLS — SNYCAKTY. 189 

bered two (2,) all of section numbered three (3,) and the 
east half of section number four (4,) in township num- 
bered three, (3) north, range numbered ten (10) east, in 
the county of Richland, shall form and constitute a district 
for school purposes, and to be designated as school district 
numbered twelve ( 12 ) ; and that such parts of the original 
district as are not included within the limits of the district, as 
herein provided for, shall be annexed to and form parts of the 
school districts to which they are respectively contiguous. 

§ 2. Any law conflicting with the provisions of this act Acts repealed. 
be and the same is hereby repealed, and this act to take 
effect from and after its passage. 

Approved February 23, 1859. 



AN ACT entitled an act to authorize the Board of Supervisors of Whiteside In force Feb'v 
county to apportion the swamp and overflowed land school fund of said 24, 1859. 
county among the several townships of said county. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, that the board 
of supervisors of the county of Whiteside, and their sue- ^JmrSm 8 *" 
sessors in office, be and they are hereby authorized and em- fund, 
powered to set apart and apportion to each of the townships 
in said county the school fund of said county which accrued 
on the sale of certain swamp and overflowed lands therein, 
made under the provisions of an act entitled "An act to 
dispose of the swamp and overflowed lands and to pay the 
expenses of selecting and surveying the same," approved 
June 22, 1852, to be divided and apportioned in such man- 
ner and upon such ratio as the said board of supervisors, or 
then successors in office, shall deem expedient and for the 
best interests of said county. 

§ 2. And that all acts or parts of acts inconsistent here- Acts repealed, 
with be and the same are hereby repealed. 

§ 3. That this act shall be in force from and after its 
passage. 

Approved February 24, 1859. 



AN ACT declaring the Snycarty, in Pike and Adams counties, navigable. In force Feb'jr 

24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Asser/ibly, That the Sny- Snycarty de- 
carty, in the counties of Pike and Adams, from the dam in ? lared na^ga- 
Rockport, thence up said Snycarty to its source, be and the 



obstructed. 



190 SXATE DEBT. 

same is hereby declared a navigable stream and public 
highway. 
Shall not be § 2. Said stream, as far np as stated, shall never be obstruct- 
ed, in any manner, so as to impair the free and uninterrupt- 
ed navigation of the same ; and any person so obstructing 
or impairing the navigation thereof shall be liable to the 
penalties and fines now or hereafter to be imposed by law 
for such offences ; and that all previous acts referring to the 
navigation of said Snycarty are hereby repealed. 

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

Approved February 24, 1859. 



main with 
auditor. 



In force Febru- AN ACT to indemnify the state of Illinois against loss by reason of unlawful 
ary 19, 1859. funding of Canal Indebtedness. 

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

Bonds to re- of the state of Illinois, numbered from 900 to 992, inclusive, 
and one-half of 993 of Illinois and Michigan canal bonds, 
and now deposited with the auditor as security for the 
redemption of the bills or notes and payment of other 
liabilities of the State Bank of Illinois, at Shawneetown, 
shall remain with said auditor; and when the security here- 
inafter mentioned shaU have been given, said bonds shall 
be held as security for the purposes for which they were 
deposited with him, and be disposed of by him in the same 
manner as is now by law provided for the disposition of 

Proviso. bonds in similar cases: Provided, there shall be, within 

sixty days from the passage of this act, or within such further 
time as the governor, auditor and treasurer of the state may 
deem it proper to designate, furnished by Joel A. Matte son 
to said governor, auditor and treasurer, for the use of the 
people of the state of Illinois, security, satisfactory to them, 
to indemnify and save harmless the state of Illinois from 
all liability on account of said bonds; and also on bonds of 
said state numbered 886 to 898, inclusive, and three hun- 
dred dollars in bond number 899, the same being bonds 
designated as Illinois and Michigan canal bonds, and now 
outstanding, and for all moneys that may be paid by the 
state thereon; and from all liability upon any certificates, 
interest bonds or other evidences of indebtedness that may 
have been issued on account of any of the bonds aforesaid, 
or the canal checks or scrip for which said bonds were issued ; 
and on any coupons now or heretofore attached to said 
bonds or any of them; and from all costs, expenses and 
damages that may accrue against said state, by reason of 
the said bonds, certificates, interest bonds, coupons or other 



STATE DEBT. 191 

evidences of indebtedness; and also for the repayment to 
the state of Illinois, within five years from the passage of 
this act, of any money that may heretofore have been paid 
by the state on account of any of said bonds, certificates, 
interest bonds, coupons or other evidences of indebtedness; 
or for interest on the canal checks or scrip upon which said 
bonds were issued; or in the purchase by the state of any 
of said bonds, certificates, interest bonds, coupons or other 
evidences of indebtedness, arising out of the funding of 
said canal checks or scrip upon which said bonds were 
issued, together with six per cent, per annum interest on 
each and every sum of money paid by the state upon such 
bonds, certificates, interest bonds, coupons or other eviden- 
ces of indebtedness ; or for said interest ; or in the purchase 
of any of said bonds, certificates, interest bonds or other 
evidences of indebtedness, to be computed from the time 
when any such sum or sums of money shall have been paid. 
It shall be lawful for the governor, auditor and treasurer, if 
at any time they shall believe the security to be given has 
depreciated, and that the same has become inadequate, to 
require of the said Joel A. Matteson to give additional Additional ae- 
security; and in case said Matteson shall not give such Curit - T - 
additional security, within sixty days after a notice in writing 
shall have been given him by the governor, auditor and 
treasurer so to do, then the sum of money secured to be 
paid to the state as aforesaid, shall immediately become and 
be deemed due and payable, from the time of such default; 
and the state shall pay no interest upon any of the aforesaid interest. 
bonds until otherwise provided by law, but the amount of 
interest which is retained shall not be required to be paid 
by said Matteson ; and the state shall pay neither interest 
nor principal hereafter shall be paid upon any of the last 
mentioned bonds not on deposit with the auditor, unless 
otherwise provided by law. 

§ 2. Until the expiration of the time herein limited for Bank commis- • 
the furnishing of said security, it shall not be lawful for the sion ers shall 
bank commissioners to require the said State Bank or the ditionai ^ecu- 
stockholders thereof to furnish any other or additional secu- rit 7- 
rity for the protection of the circulation or payment of the 
liabilities of said bank, on account of any deficiency that 
may arise from the alleged invalidity of said bonds now on 
deposit with the auditor; and when such security as in the 
first section hereof provided shall have been given, no such 
requisition shall be made or enforced by reason of the alleged 
invalidity of said bonds. 

§ 3. Other securities, of the description now prescribed Exchange of 
by the laws of this state, shall, from time to time, be deposited securities, 
with the auditor, in lieu of any of the bonds in the first sec- 
tion hereof mentioned, and shall be by him substituted in 
the place thereof; and whenever any such new bonds shall 
be deposited with the auditor, so many of the bonds men- 



192 STATE DEBT. 

/ 

tioned in said first section as shall equal in amount the bond 
Bonds to be or bonds so substituted, shall, by the auditor, be delivered 
canceled. to t ne governor, and by him be canceled; and whenever 
any of the circulation of said bank shall be returned for the 
purpose of taking up the said bonds or either of them, the 
bonds so taken up shall be canceled by the governor. 
Time for depo- § 4. The securities to be deposited by the said State 
siting secun- j3 an k f Illinois, at Shawneetown, in conformity with the 
preceding section, in lieu of the bonds mentioned in the 
first section of this act, shall be deposited within five years 
after the passage of this act; on failure of which, the bank 
commissioners or other proper authority shall make a requi- 
sition on the said bank, or the stockholders thereof, to supply 
the place of the said bonds, or of so many of them as are 
still uncanceled, with such other securities as the law may 
require in cases of requisitions under the general banking 
Bonds to be i aw# A. n( [ the said bonds, or such of them as remain uncan- 
celed, shall thereupon be canceled, as provided for in the 
preceding section. 
Liability of the § 5. Until the security aforesaid is given, nothing in this 
state. act shall be construed to impose any liability on the state on 

account of said bonds, and nothing in this act shall be con- 
strued to apply to or affect any other bonds than those especi- 
ally named herein. 

§ 6. This act shall be in force from and after its passage. 
Approved February 19, 1859. 



In force April AN ACT in relation to the payment of the principal and interest of [the] state 
26, 1859. debt. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the treas- 
Tressurer to urer of the state shall give one month's notice, by pubhca- 
give notice, tion in three of the public newspapers published in the 
city of New York, when and where, in the city of New 
York, he will pay the interest upon the public debt, and at 
the expiration of thirty days after the time for such payment 
he shall return the balance of the money remaining in his 
hands for the payment of interest to the state treasury, and 
the interest upon such bonds as shall not have been presented 
within said thirty days shall be paid at the office of the 
treasurer, at the seat of government of this state. 
Governor to § 2. The governor shall give one month's notice of the 
p-ive notice, time and place when and where he will pay the principal of 
such state bonds as he is authorized by law to pay, by pub- 
lication of such notice in three public newspapers published 
in the city of New York, in which notice the bonds which 
are to be then paid shall be designated. 



STATE DEBT. 193 

§ 3. Whenever any state indebtedness becomes due and Bonds due to 
the governor cannot, with the funds appropriated by law be P aid - 
for that purpose, purchase said indebteness, without paying 
a premium for the same, he shall appropriate such funds to 
the payment of such bonds of the state as may be then due, 
after giving the notice required by the second section of this 
act; but the money for that purpose shall be drawn from 
the treasury in accordance with the law now in force author- 
izing the purchase of state indebtedness. 

§ 4. The interest upon such bonds as shall be designated interest. 
by the governor, in a notice to be given under and in pursu- 
ance of the second section of this act, shall cease from the 
time of payment specified in such notice. 

§ 5. All laws now in force authorizing an agency of the Transfer agen- 
state for the transfer of bonds in the city of New York are c ^- 
hereby repealed, and no such transfer agency shall hereafter 
be kept in said city ; and the books of said transfer agency 
shall be deposited in the office of the auditor of public accounts. 

§ 6. An act entitled "An act to fund the arrears of Acts repealed, 
interest accrued and unpaid on the public debt of the state 
of Illinois," approved February 18th, 1857, shall be and 
remain in force until the first day of January, 1860. At and 
after that date its provisions shall cease and be of no effect. 
Any and all coupons, scrips, certificates or other evidences 
of arrears of interest, authorized to be funded by the act 
aforesaid, but have not been so funded by the said first day 
of January, 1860, may be paid for at par by the governor 
from such funds as are now authorized by law to be applied 
to the payment of state indebtedness ; but no interest shall 
be allowed or paid thereon. The governor shall cause this 
section to be published at an early date, for at least one 
month, in three newspapers published in the city of New 
York. 

§ 7. An act entitled "An act to authorize the refunding Act repealed, 
of the state debt," approved February 28, 1847, an act 
entitled " An act to fund state scrip," approved February 
22d, 1847, and the second section of "An act concerning 
the public debt," approved February 12, 1849, be and the 
same is hereby repealed. The governor shall appoint a commissioner, 
commissioner, who shall keep his office in the city of New 
York, who shall be a commissioner of deeds, and shall 
perform all the duties now performed by commissioners of 
deeds for this state, and shall receive the same fees for such 
services as are allowed to other commissioners of deeds; 
and such commissioner shall also be authorized to take 
acknowledgments of the assignment of bonds of this state, 
in the manner hereinafter provided, and shall be entitled to 
the same fees for taking such acknowledgments, as for the 
acknowledgments of deeds. Any person, being the owner Transfer by as- 
of any bond of this state, which, upon its lace is made signment. 
transferable in the city of New York, may transfer the same, 



194 



STATE ROADS. 



by an assignment, in writing, indorsed upon the back of 
said bond, and duly acknowledged before the commissioner 
aforesaid ; and said commissioner shall keep a list of all 
bonds, the assignment of which is acknowledged before 
him, and shall transmit the said list to the governor once in 
Bonds surren- every six months. The owner of any bond, which might 
der^edandcan- heretofore have been transferred in the city of New York, 
may surrender the same to the governor of this state, at the 
seat of government of this state, and receive in lieu thereof 
a coupon bond, payable to bearer, which bond shall be 
executed by the governor and countersigned by the auditor 
and by the treasurer of this state; but neither the governor, 
auditor or treasurer shall execute any such new bond or shall 
execute any bond for the purpose of funding any indebt- 
edness of this state, until they shall severally have inspected 
the bond which is offered to be transferred or the evidences 
of the indebtedness which is sought to be funded, and shall 
have become severally satisfied of the genuineness of such 
bond or evidence of indebtedness; and such bond, when 
so taken up by transfer, and such evidences of inclebtednesss, 
when so funded, shall immediately be canceled and deposited 
in the office of the treasurer, and a perfect description list 
of all bonds issued shall be preserved in the office of the 
auditor of public accounts. 
New bonds. § 8. -No new bond shall be issued of a less denomination 

than one thousand dollars; and the governor may adopt 
such means as he may deem most expedient, not inconsistent 
with the provisions of this act, for procuring a speedy 
exchange of all the bonds that have heretofore been issued 
by the state that are not coupon bonds for coupon bonds, to 
be made transferable on delivery. 
Approved February 22, 1859. 



In force Febru- AN ACT authorizing the Board of Supervisors in counties where township 
ary 18, 1859. organization has been adopted, and in all other counties the county courts, to 
vacate, change or relocate state roads. 

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

Illinois, represented in the General Assembly, That the board 

Supervisors to of supervisors, in all counties in this state where township 

roadT 1 state organization has been adopted, shall have the entire control 

of all the state roads in their respective counties, and have 

full power to relocate or vacate them, as in their discretion 

they may determine. 

County courts § 2 - That m a ^ tne counties in this state, where town- 



to 



control the ship organization has not been adopted, all the powers here 
state roads. tofore in t]lis act con f erre( i on fa G board of supervisors, be 



STATE ROADS. 195 

and the same are hereby conferred npon the various comity 
courts of this state. 

§ 3. All laws .heretofore passed, inconststent with this Laws repealed, 
act, are hereby repealed, and this act shall take effect from 
and after its passage. 

Approved February 18, 1859. 



AN ACT to establish a state road therein named. I n force Feb'y 

24, 1859. 

Section 1. Be it enacted l>y the Peojrte of the State of 
Illinois, represented in the General Assembly, That "William 
Curtis, of Edwards county, John Wolf, of Kichland county, Commissioners 
and Harrison Jones, of Jasper county, be and they are 
hereby appointed commissioners to lay out and establish a 
state road from the town of Albion, in Edwards county, to 
the town of Eewton, in Jasper county, by the way of Olney, 
in Kichland county, on the following route, or as near 
thereto as practicable, viz : Beginning at the northwest 
corner of the public square, in the said town of Albion ; 
thence running in a northerly direction to the southwest 
corner of section three, township one north, range ten east ; 
thence north, on or near the section line, to the said town 
of Olney ; thence on the nearest and most practicable route 
to Xewton, in said Jasper county. 

§ 2. Said commissioners shall meet at the said town of 
Albion, on or before the first Monday in June next, or as 
soon thereafter as may be practicable, and, after being duly 
sworn faithfully to perform their duties under this act, shall 
proceed to locate said road, as directed in the first section of To locate road, 
this act. Said commissioners shall, as soon as said road 
may be located, make a report and plat of said road and de- Report and 
liver a copy thereof to the clerk of the county court of each p a ' 
county through which said road may run; which copies 
shall be certified by said commissioners, and shall be filed 
and preserved by said clerks in their respective offices. 

§ 3. Said road, when so laid, shall be and the same is To be a state 
hereby declared a state road, and shall be opened and kept 
in repair as other state roads. The county courts of said 
counties shall make such compensation to said commis- Compensation, 
sioners as they may think just, which shall be paid by said 
counties, in proportion to the number of miles of road in 
each county. 

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

Approved February 2i, 1S59. 



*?? STATE ROADS. 

lD 19 rC 1859 b ' y ^ ACT t0 l0 ° ate a State r0ad *° the counties of Crawford, Jasper and Effingham. 

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

^tabSd. hereb J Seated and established a state road, commencing on 
the west bank of the Wabash river, at a point where the 
line between township seven and eight north, range eleven 
west, strikes said river ; thence west along and with said 
line between townships seven and eight until it strikes the 
range^ line between five and six; thence in a northerly- 
direction to the town of Effingham, in Effingham county. 

Commissioners § 2> Jameg Redfor ^ Qe ^ gQ '^^ ^ T ame / E . 

James, be and are hereby appointed commissioners to lay 
out said road ; and the said commissioner shall receive as 
Road to be com P en sation two dollars per day for the time they are neces- 
o° p a ened. * sanly employed in laying out said road ; and the said compen- 
sation to be paid equally by the counties of Crawford, Jasper 
and Effingham. 

§ 3. The several county courts through which said road 
shall run shall be required to cause said road to be opened 
and kept in repair as other state roads are. Said road shall 
be four rods wide, two rods on each side of the above de- 
cribed line. 

This act to take effect and be in force from and after its 



Approved February 19, 1859. 



Sf «X y A ^ f CT t0 P roTlde for viewing and locating a state road from Indian Point, in 
24, lS&y. Johnson county, to Metropolis, and incorporating the Indian Point Road Com- 

pany. r & 

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

Commissioners Durham, John P. Choat and fm. McDowell, or any two of 
them, be and they are hereby appointed commissioners to 
view and locate a state road from the north boundary of 
section five (5,) in township fourteen (14) south, of range 
three (3) east, at or near the Indian Point ; from thence to 
the section corner between sections four, five, eight and 
nine, in township 14 S., K. 3 east ; from thence to intersect 
the high land in section six, township fifteen south, range 
four (4) east, and thence on the nearest and best route to 
Metropolis, in Massac county. 

§ 2. The said commissioners, or any two of them, shall 

View. meet at Metropolis, on the fifteenth day of June next, or as 

soon thereafter as practicable, and, after being duly sworn, 
proceed to view, mark and survey said road ; and shall file 
with the clerk of the county court of Massac coimty a plat 
of said road ; and from and after the filing of said plat, that 
portion of the road extending from its intersection with sec- 



STATE EOADS. 197 

tion six, in township 15 S.,K4E., to Metropolis, is hereby 
declared a public road, to be opened and kept in repair as 
other public roads in said county. 

§ 3. The said commissioners shall each be allowed one Compensation, 
dollar and fifty cents per day for each day necessarily em- 
ployed in the discharge of their duties as such commis- 
sioners ; to be paid out of the county treasury ; and they 
may call to their assistance, if necessary, the county sur- 
veyor, who shall also be paid by the county of Massac. 

§ 4. Be it further enacted, That A. J. Davis, A. J. Hill, Body corporate 
Wm. McDowell, Daniel Berry and ¥m. K. Brown, and 
such other persons as may become associated with them, are 
hereby constituted a body corporate and politic, by the name 
of the " Indian Point Road Company ;" and by that name 
shall have perpetual succession ; may sue and be sued ; may 
make and use a common seal, and alter the same at plea- 
sure; and may make such rules and regulations for the 
government of said road and appoint such officers as may 
be necessary therefor. 

§ 5. Said company shall have power to build, maintain Power to build 
and use a macadamized or plank road across the Cache ^piaikToad. 
ponds, in Massac county, on said state road, when located, 
commencing at or near the Indian Point, and running 
thenCe to the high land in section six, in township 15 south, 
of range 4 east. 

§ 6. That A. J. Davis, A. J. Hill, Daniel Berry, Wm. Commissioners 
McDowell and Wm. R. Brown shall be commissioners for t g r 7 c t ion e ' Sub * 
receiving subscriptions to the stock of said company, at S ° np 
Yienna or Metropolis, and after such notice as they or a 
majority of them may agree upon, shall open books for re- 
ceiving such subscriptions on the first day of June next. 

§ 7. The affairs of said company shall be managed by five Directors, 
directors ; three of them shall be a quorum to perform the 
business of the company, who shall be chosen annually at 
such time and place as such commissioners may fix. As 
soon as the sum of five thousand dollars shall be subscribed 
to the stock of said company the said commissioners shall 
give ten days' notice to such stockholders to attend at some 
time and place named in such notice and vote for five 
directors. 

§ 8. The capital stock of said company may be fifty Capital stock, 
thousand dollars, which shall be considered personal pro- 
perty, and divided into shares of fifty dollars each. 

§ 9. The said company is authorized, as soon as the Toll gates, 
board of directors is elected, to commence the construction 
of said road ; and as soon as two miles of said road shall be 
completed, they may erect toll gates thereon and collect the 
tolls allowed by this act. Said company shall have power 
to build bridges across creeks and sloughs on the hue of 
said road ; and shall have power to borrow money not ex- 
ceeding five thousand dollars, to assist in the construction of 



198 STATE ROADS. 

said road, and may mortgage the same to secure the pay- 
ment of any money they may borrow. 

Rates of toil. § 10. The tolls charged on said road shall not exceed 
the following rates: For every vehicle, drawn by one 
animal, three cents per mile ; by two animals, four cents 
per mile, and one half cent additional for each mile for 
every animal more than two ; other tolls to be regulated by 
rhe county court of Massac county. 

Time of be^in- § H- Said company shall be allowed two years from the 

ning- passage of this act to commence the construction of said 

road, and shall complete the same within five years from the 
passage of this act ; and on their failure to do so, this char- 
ter shall be forfeited. 

Right of way. § 12. Said company is hereby authorized to locate and 
construct on any lands owned by the state, county, or indi- 
viduals ; and shall pay all damages that may accrue to any 
person by reason of taking their land for the use of said 
road ; and when the same can not be obtained by consent of 
the owners, upon reasonable terms, it shall be estimated and 
recovered in the manner provided by law for the recovery 
of damages happening by the laying out of highways. 
This act to take effect from and after its passage. 
Approved February 2i, 1859. 



In force Feb'y AN ACT to establish a state road from Tamaroa, in Perry county, byway of Red 
24, 1859. Bud, in Randolph county, to the Mississippi river. 

Section 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly, That Allen 
Commissioners Pearlier, of Perry county, Charles Henckar, oi Monroe 
county, and John W. Allen, of Kandolph county, be and 
they are hereby appointed commissioners to lay out and 
establish a state road on the nearest and best route, from 
Tamaroa, in Perry county, by way of Camden and Coulter- 
ville, to La Fayette and Red Bud, in Kandolph. county, and 
thence to the Mississippi river. 

§ 2. It shall be the duty of said commissioners to meet at 
Tamaroa, in Perry county, at such time as they may agree 
upon, previous to the first day of April next, after the 
passage of this act, or as soon thereafter as convenient, and 
after having been sworn by some acting justice of the peace 
View of said county, shall proceed to view, mark out and locate a 

road, as above designated, having due regard to private pro- 
perty. 

§ 3. "When said commissioners shall have laid out and 
established the said road they shall make out and deliver to 
the clerks of the counties through which said road passes 



STOCK. 199 

plats of said road ; which plats shall be entered of record Plat, 
in their several offices; and the record of said plats, 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 Compensation, 
which said road may pass shall allow to the said commis- 
sioners and to the surveyors which they may deem neces- 
sary to make a survey of said road and to the said clerks a 
reasonable compensation for their services rendered as re- 
quired by this act, in proportion to the amount of labor per- 
formed in each county, and shall cause so much of the said 
road as may be within their respective counties to be 
opened, worked and kept in repair. 

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

Approved February 24, 1859. 



AN ACT to prevent sheep and swine from running at large within the counties of In force Febru- 
Mercer and Rock Island. ary 19, 1S59. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That from 
and after the first day of May, A. D. 1859, it shall not be stock prohibit- 
lawful for any person or persons, possessor or possessors of n?ngS™arge!" 
any sheep, hog or hogs, shoat or shoats, pig or j)igs, to allow 
the same to run at large in the county of Mercer ; and if any 
person or persons, being the owner or owners, possessor or 
possessors of any sheep, hog or hogs, shoat or shoats, pig or 
pigs, shall permit the same to run at large, within the county 
aforesaid, such person or persons, possessor or possessors 
shall forfeit and pay the sum of two dollars per head to any 
person or persons making complaint before any justice of 
the peace in and for said county, together with the costs of 
suit, and shall also pay all damage resulting from the run- 
ning at large of such sheep or swine to the person or persons 
so damaged: Provided, however, said sheep, hog or hogs, Proviso, 
shoat or shoats, pig or pigs, shall not be considered as run- 
ning at large while they remain upon the premises of the 
owner or owners, possessor or possessors of the same not 
occupied by some other person or persons. The provisions 
of this act shall extend to the county of Rock Island. 

§ 2. This act shall not be so construed as to prevent or Not to preven 
in anywise interfere with persons driving sheep or swine to to^Sfe? "* 
or from market, where such sheep or swine may have been 
bought or sold. 



200 STOCK — STREETS AND ALLEYS. 

Act repealed. § 3. The act entitled "An act to prevent certain stock 
from running at large in the county of Mercer," approved 
February 18th, A. D. 1857, is hereby repealed. 

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

Approved February 19, 1859. 



In force Febru- AN ACT to amend an act entitled 'An act to prevent sheep and swine from run- 
ary 16, 1859. nine; at large in Henry, Will and Livingston counties," approved January 27th, 
1853, so as to extend the provisions thereof to the county of Lake. 

Section 1. Be it enacted by the Peoj)le of the State of 
Illinois, represented in the General Assembly, That the pro- 
Act extended, visions of the act entitled "An act to prevent sheep and 
swine from running at large in Henry, Will and Livingston 
counties." approved January 27th, 1853, be and the same are 
hereby extended to the county of Lake, to all intents and 
purposes, the same and as effectually as if said county had 
been originally embraced in the title of the above mentioned 
act. 

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

Approved February 19, 1859. 



In force April -AN ACT providing for the vacation of streets, alleys and town plats. 

26, 1859. 

Section 1. Be it enacted; by the People of the State of 
Illinois, represented in the General Assembly, That the cor- 

Power of cor- porate authorities of any town or city shall have power to 

Pirate author- vacate streets and alleys and parts of streets and alleys, upon 
a petition of two-thirds of the property holders upon said 

Benefits and street or alley. The benefits and damages caused by chang- 
ing, altering or vacating any street or part of street, or alley 
or part of alley aforesaid, shall be assessed and determined 
in manner pointed out by the act incorporating such city or 
town, or by the ordinances thereof in other cases. 

Act repealed. § 2. That so much of the second section of the act to pro- 
vide for the vacating of town plats, approved Feb. 16, A. D. 
1847, as provides that said act shall not apply to the original 
plat or map of any town located or laid out as or for a county 
seat, so long as the county seat shall remain at such town, is 
hereby repealed. 

Approved February 19, 1859. 



STREETS AND ALLEYS — SWAMP LANDS. 201 

AN ACT to authorize the common council of the city of Chicago to vacate streets In force Febru- 
and alleys. ary 12, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the com- 
mon council of the city of Chicago be and is hereby em- Power of com- 
powered and authorized to vacate any street or alley within mon counci1 - 
said city; and if any person shall be entitled to damages, 
such damages shall be assessed and paid in the same manner 
as they would be in the opening of a street in said city. 

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

Approved February 12. 1859. 



AN ACT for the sale of swamp lands. In force Febru. 

ary 14, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the county 
courts of the several counties of this state be and they are Power ot coun- 
hereby authorized and empowered to sell and dispose of, at *? courts - 
public or private sale, for cash or credit, or for such securi- 
ties as the county court may think proper to accept, all or 
any of the swamp or overflowed lands lying within the 
respective counties, including, also, all and every interest, 
claim, demand and gift granted to them by the state of Illi- 
nois, arising under the act of congress passed Sept. 28, 1850, 
and acts amendatory thereof. 

§ 2. Wherever a sale has been made, or hereafter shall Conveyance, 
be made, by the county court, of any of said lands, and upon 
delivery by any purchaser or purchasers to the county court 
of such securities as the county court may think proper to 
take, the purchaser or purchasers thereof shall be entitled to 
a conveyance of the land so purchased, executed by the 
clerks of the county court, under the seal of the court, in 
fee simple therefor. 

§ 3. The proceeds arising from any sale or sales 6hall be Proceeds, 
subject to the order of the county judge for such purposes as 
the county court may direct. 

§ 4. This act shall apply to all the counties of this state Special laws, 
having special laws in reference to the sale of swamp lands, 
under which they may act without reference to such special 
acts, and in counties where township organization has been 
adopted the board of supervisors are authorized to carry out 
the provisions of this act. But where county courts, in 
counties having township organization, are authorized by 
any special laws to sell and dispose of their swamp lands, 
such county courts are clothed with all the power and au- 
thority necessary to carry out the provisions of this law ; and 
nothing herein contained shall prevent any county court or 
— 15 



202 SWAMP LANDS. 

board of supervisors from carrying out any sale or sales, 
contract or contracts now existing for the disposal of their 
swamp lands. 

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

Approved February 14, 1859. 



In force Janu- AN ACT requiring sales of swamp and overflowed lands to be reported to the 
ary 29, 1859. auditor - 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the coun- 
County clerks ty clerks of the several counties be and they are hereby re- 
to report ab- q^gd to report to the auditor of public accounts an abstract 
stracts. ^ t ^ e sa j es f swa mp and overflowed lands in their respec- 

tive counties on the hrst day of March, annually, stating the 
date of sale, name of purchaser, description of land and quan- 
tity of acres of each tract. 
To be recorded. § 2 - That upon the receipt of said abstracts the auditor 
' shall cause the same to be entered of record upon the tract 
books in his office, and the original report placed upon file. 
§ 3. There shall be allowed the said county clerks the 
ompensa ion. ^^^ ^ three cents per tract for making out said abstracts and 
entering the same in their county tract book, to be paid out 
of the county treasury ; and like compensation shall be al- 
lowed the auditor for his services herein, to be paid out of 
the state treasury. 
t0 § 4. This act shall take effect and be in force from and 
bTtoVwaMed after its passage ; and the auditor of state is hereby required 
to clerks. ^ f orwarc [ a CO py of this act to the county clerks of each 
county in the state so soon as the same shall be approved by 
the governor. 

Approved January 29, 1859. 



In force Febru- AN ACT concerning the swamp and overflowed lands of Henry county, 

ary 19, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly, That the sales 
Sales legalized. f so much of the swamp and overflowed lands granted to 
the state of Illinois by the act of congress, entitled "An act to 
enable the state of Arkansas and other states to reclaim the 
swamp lands within their limits," approved September 28, 
A. D. 1850, as lie in the county of Henry, which have here- 



SWAMP LANDS. 



203 



tofore been made by the drainage commissioner or other 
agent or agents of the said county of Henry, under the au- 
thority and direction of the county court of said county, are 
hereby declared legal and valid. 

§ 2. All conveyances of any portion of said lands, here- Conveyances 
tofore made by the drainage commissioner or other agent for ega lze 
said county, as directed by the county court of said county, 
shall be deemed and taken as effectual for the conveyance 
of title from said county to the purchaser or purchasers of 
said lands, as in the bonds, agreements or deeds recited ; and 
that all the contracts and agreements heretofore made by Contracts rati- 
and between the county court or board of supervisors of fie<L 
Henry county and any and all parties with whom they may 
have entered into any contracts or agreements, concerning 
swamp lands, and which said contracts or agreements have 
been entered of record by order of said county court or board 
of supervisors, be and the same are hereby ratified and con- 
firmed. 

§ 3. All notes, bonds, mortgages or other securities, for Not <; s > bonds 
the payment of any portion of the purchase money of any gages, 
such lands, heretofore made, shall be deemed and taken as 
upon good and valuable consideration, and payment thereof 
may be enforced by direction of the board of supervisors of 
said county of Henry. 

§ 4. That all moneys received or to be received from the Records, 
sales of the swamp and overflowed lands in said county of 
Henry shall be subject to the control of the board of super- 
visors, and may, from time to time be appropriated, in such 
sums and in such manner and for such objects as said board 
may deem best for the interests of said Henry county. 

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

Approved February 19, 1859. 



AX ACT further to amend "An act to expedite and insure the thorough drain- In force Febru- 
age ot the swamp lands of the county of Iroquois, and to facilitate the sale ary 18, 1S59. 
thereof. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
county court of said county are hereby authorized to sell County court 
all or any part of the swamp lands in Iroquois county, though seu home t0 
they have not been heretofore engineered, surveyed and ap- 
praised, on such terms and at such prices as they may, in 
their discretion, think best, and where any have been ap- 
praised, they may sell the same on such terms and at such 
prices as they may think best ; and may require said lands 
to be drained as thev shall direct. 



204 TAXES. 

Conveyance. § 2. Upon the delivery by any purchaser or purchasers 
to the county court of such securities as the county court 
may think proper to take in payment for any lands, the pur- 
chaser or purchasers thereof shall be entitled to a deed of 
conveyance, in fee simple, executed by the judge of the 
county court. 

Bonds may be § 3. The county court are hereby authorized to sell any 
received ' in i an ds, grants, gifts and demands donated to said county by 
p^ men ^ e g^e f Illinois, arising under the act of congress, pass- 

ed Sept. 28, 1850, and acts amendatory thereof, and receive 
in payment therefor the bonds of the county of Iroquois, 
which, when received, are to be canceled by said county 
court. 

§ 4. Nothing in this act shall prevent the county court 
from carrying out any sale or sales, contract or contracts 
heretofore made by said county court. 

Acts repealed. § 5. All acts or parts of acts conflicting with the provi- 
sions of this act are hereby repealed, and this act to take 
efl'ect from and after its passage. 
Approved February 18, 1859. 



In force Febru. AN ACT to amend the Revenue Laws, 

ary 21, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Assessors to seventh section of the act entitled "An act tor the assess- 
t£ th< of S ro tis " ment °f property and the collection of taxes in counties 
ps ' adopting the township organization law," and the seventh 
section of "An act for the assessment of property," approved 
February 12th, 1853, be and the same are hereby so amend- 
ed, that the quantity, in acres, of wheat, corn and all other 
field productions, shall be ascertained and set forth by the 
assessor, in columns prepared for that purpose, to wit : The 
number of acres of wheat shall be placed in one column ; 
the number of acres of corn shall be placed in one column ; 
and the number of acres, of all other field productions shall 
be placed together in one column, in like manner as the 
quantity of other personal property is required to be set 
forth, except that the value thereof shall not be estimated or 
set forth. 
Auditor to give § 2. The auditor, in preparing the forms of assessor's 
instructions. D00 ks, for the year 1860, and thereafter, shall give the ne- 
cessary instructions for carrying this act into effect. 
Approved February 21, 1859. 



TAXES. 20 5 

AN ACT giving to the township collectors in counties adopting township organi- In force Febru- 
zation until the fifteenth day of May next to collect and pay over the state and ary 11, 1859. 
county tax of the year 1858. 

Section 1. Be it enacted hj the People of the State of 
Illinois, represented in the General Assembly, That the town- Collectors' 
ship collectors of the several counties that are organized un- g™ e exten " 
der the township organization law shall be allowed until the 
fifteenth day of May next to collect and pay over the state 
and county taxes for the year 1858, specified in their col- 
lector's warrants, respectively ; and they shall also be allow- 
ed until the fifteenth day of May next to return their collec- 
tors' books and the lists of taxes remaining unpaid, and which 
they have been unable to collect : Provided, that the several Proviso, 
township collectors of the counties of DeKalb and Cook 
shall have until the first day of March next to make their 
returns to the county treasurer, instead of the fifteenth day 
of February. 

§ 2. All lands and town or city lots, upon which the Delinquent 
taxes for the year 1858 shall remain unpaid upon the loth landsandlots - 
day of May next, shall be considered delinquent for the 
taxes of that year ; and such proceedings shall thereupon be 
had for the collection of said taxes as are now provided by 
law for the collection of taxes upon delinquent lands and 
lots. 

§ 3. It shall be the duty of each of said township collec- T ^^ io Jj£ 
tors, on the 15th day of February, to pay over to the per- over receipts, 
sons entitled by law to receive the same, all money actually 
collected by him at that time ; and he shall also, on the fif- 
teenth day of April, pay over all money which shall actually 
have been collected by him prior to that date ; and on the 
said fifteenth day of February, he shall file an affidavit, sub- 
scribed and sworn to by him, with the treasurer of the 
county, stating that fre has fully paid over all moneys which 
he had collected of the taxes of the year 1858, to the per- 
sons entitled by law "to receive the same, except such per 
centage of the same as he is entitled by law to retain. 

§ 4. The treasurer of counties that are organized under s c e o U „™ eut tre ^ 
the township organization law, as aforesaid, shall be allowed surers. 
until the first Monday in August next to settle with the au- 
ditor of public accounts for the taxes of the year 1858. This 
act shall apply only to the state and county taxes assessed 
and levied for the year 1S58. This act shall not apply to 
the counties of Pike, Kane or DeKalb. The provisions of 
this act shall extend to the collection of revenue in counties 
not adopting the township organization, provided that the 
sureties of any collector in tins state shall not be released 
by reason of the passage of this act. This act shall apply to 
the county of Pike and the several collectors of said county 
shall be governed by the provisions thereof. 

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

Approved February 11, 1859. 



206 TAXES. 

In force Febru- AN ACT in relation to assessments of the Illinois Central Railroad Company, 
ary 21, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That in case 
the Illinois Central Railroad Company shall either neglect 
Duty of auditor or refuse to list with the auditor of public accounts on or 
before the first day of April, in each year, the stock, pro- 
perty and assets owned by said company, as required by sec- 
tion twenty-one of the charter of said company, that then it 
shall be the duty of the auditor of public accounts to list the 
same, and place a valuation thereon, and assess thereon a tax 
for state purposes. 
Power to ex- § 2. That for the purposes of making the list of stock, 
officers b °°and property and assets, owned by said company, as required 
employees, herein, and by section twenty-two of the charter of said com- 
pany, and for the purpose of placing a valuation on the same, 
the auditor of public accounts is hereby authorized to inspect 
the books of said company, examine the officers, employees 
and clerks of said company and other persons, on oath, and 
may take any other evidence, upon and by which to make 
out the list and valuation, as herein required. 
Auditor to no- g 3. That in case the said railroad company shall list 
JJrovS 3 o d f S t a he their stock, property and assets, as required by section 
valuation. twenty-two of their charter, with the auditor of public 
accounts, and the auditor shall believe that the valuation 
thereof is too low, or that the whole of the stock, property 
and assets, owned by said company, are not embraced in 
said list, he shall notify said railroad company of his disap- 
proval thereof, and proceed as is herein provided in case no 
list is tiled in the office of the auditor by said company. 
Auditor may § 4. That in order to make out the list herein provided 
kTth ° Ut ^e- to ^ e mac ^ e ? tne auditor may either make out the same in 
gateorbyspe- the aggregate or by specifications of the particular kinds of 
cifications. stock, property and assets, owned by said company, as pro- 
vided in section twenty-two of the charter of said company. 
Company may § 5. That in either case provided herein, when the audi- 
appeai "to the tor g^jj ma k e ou t the list and valuation, as herein provided, 
suprei k e ghaii notify said company thereof ; and if said company 

shall be dissatisfied with such list and valuation they shall 
be allowed to appeal from the decision of the auditor to the 
Auditor to supreme court , notice of which appeal shall be filed with the 
transmit list. auc jitor, who shall thereupon transmit to the clerk of said 
supreme court a certified copy of said list and and valuation ; 
Duty of court, and it shall be the duty of said supreme court, at the term 
next succeeding the taking of such appeal, upon such evi- 
dence as may be presented by the state and said company, 
to hear and determine the aggregate value of the stock, pro- 
perty and assets owned by said company, 
clerk to certify § 6. That whenever an appeal is taken to the supreme 
value to audi- C01ir t and the question herein provided to be heard and deter- 
mined -by said court is .determined, it shall be the duty of 



TAXES. 207 

the clerk of said court to certify the aggregate value, so 
found, to the auditor of public accounts, who shall assess a 
tax thereon for state purposes. 

§ 7. That the auditor of public accounts shall draw his Expenses. 
warrant upon the state treasurer for all expenses incurred 
under and by virtue of this act : Provided, that in case of an 
appeal to the supreme court, by said company, then said 
company shall pay all costs made by said company. 

§ 8. * That the terms "list" and "valuation," as used in Meaning of 
this act, shall be deemed and taken to mean the stock, pro- rm& ' 
perty, assets and other things owned by said company, set 
down in a list or schedule for taxation, and the value placed 
thereon, as above provided. 

§ 9. This act is intended to supply omissions, in the law This act to ap- 
as heretofore existing, so as to enable the state to enforce fe, * n( n858 S 
the listing of the property of the Illinois Central Railroad 
Company, and the valuation and assessment thereof, and to 
make it the duty of the auditor to value and assess the stock, 
property and assets owned by said company, for the years 
eighteen hundred and fifty-seven and eighteen hundred and 
fifty-eight: And it is further provided, that all the provisions 
of this act shall apply to the listing, valuations and assess- 
ments of said years, as well as to all future listings, valuations 
and assessments. This act shall be in force from and after 
the date of its passage. 

Approved February 21, 1859. 



AN ACT to legalize the assessment of taxes in the county of Hancock, for the In force Febru- 
year A. D. 1857. ary 24, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
state, county, town, railroad, school, and other taxes, levied 
and assessed on the lands, town lots and personal estate, in the 
county of Hancock, in the state of Illinois, for the year A. 
D. 1857, made by the town assessors of the several towns 
in said county, and returned at any time within the year A. 
D. 1857, and on or before the second Monday of September, 
be and the same is hereby legalized, and that said levy and Assessment le- 
assessment of such taxes shall have the same force and effect s alized - 
as though said levy and assessment had been made and re- 
turned, in all respects, at the time and in the manner pre- 
scribed by the then existing laws. 

§ 2. That it shall be the duty of the county treasurer of Collection, 
said county to collect all such taxes, so levied and assessed, 
which remain unpaid, in like manner as he is required to 
collect the delinquent list returned to him by the town col- 
lector. 



208 TAXES. 

Judgment on § 3. That the county treasurer may apply for judgment 
?ands iUent upon such delinquent or unpaid taxes against the lands and 
towns lots assessed and unpaid, at any term of the county 
court of Hancock county, in the same manner as he is re- 
quired by law to apply for the same against delinquent 
lands and town lots, under the revenue laws of this state, re- 
Sale, lating to counties under township organization, and sell the 
lands and town lots against which judgment shall be ob- 
tained, and apply the revenue which shall come to his hands 
from such assessment, as required by law. 
Act legalized. § 4. That all the acts of the town assessors, county clerk, 
board of supervisors, town collectors and county treasurer, 
relating to said levy and assessment of taxes, as well as the 
collection thereof, be and the same are hereby legalized. 
And whereas William A. Patterson, treasurer and ex officio 
collector of Hancock county, did, in accordance, with the 
laws of this state, advertise, in the Carthage Republican, a 
weekly newspaper published in said county, the delinquent 
lands and town lots, and which said list was published in 
said paper, dated 6th May, A. D. 1858, and made his ap- 
plication to the county court of said county for judgment 
against the lands and lots in said delinquent list, and said 
court refused to render judgment said delinquent lands 
and lots, and [said] Patterson has paid for such publication 
the sum of one hundred and forty-six dollars ; therefore, the 
auditor of public accounts be and is hereby required and 
authorized to draw his warrant on the treasury, in favor of 
said Patterson, for one hundred and fourteen dollars, the 
proportion thereof belonging to the state to pay ; and the 
ssid treasurer of Hancock county shall be allowed by said 
county for the proportion thereof belonging to them to pay. 
§ 5. This act shall take effect and be in force from and 
after its passage. 

Approved February 24, 1859. 



In force Feb'y AN ACT to amend the charter of the town of Jacksonville, and to legalize the 
21 1859. assessment of taxes in said town, for 1857. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
Power of tms- president and trustees of the town of Jacksonville,, be, and 
tees. they are hereby vested with power to extend and open, to 

the line of the corporation, any street or alley passing 
through the original town or any addition thereto, when- 
ever the public interest or convenience may require the 
same ; and whenever the right of way for any such exten- 
sion cannot be obtained by contract, the board of trustees 



TAXES. 209 

may proceed to obtain the same under the provisions of 
chapter XCII, code of 1845, entitled "Right of Way," or 
under the provisions of the existing law on that subject, 
with reference to said town. 

§ 2. That hereafter summons and other process issued Process, 
against parties charged with violations of the ordinances or 
by-laws of said town shall be made returnable forthwith, 
and executions in such cases shall be issuable immediately ; 
that in all cases when persons are ordered to be imprisoned 
or committed to jail, on conviction of offences against the 
by-laws or ordinances of said town, under the provisions of 
existing laws, the persons so ordered to be imprisoned or 
committed may be compelled to labor on the streets or Labor, 
other improvements of said town, at the rate of one dollar 
per day, until satisfaction is made of the penalty imposed 
or judgment recovered, during -which time the parties so 
punished shall be furnished with healthy and suitable board 
and lodging, at the expense of the corporation, but which 
shall be charged against the party punished, as costs. 

§ 3. That the assessment of the property in said town Assessment le- 
of Jacksonville, for taxation, for the year eighteen hundred ga lze ' 
and fifty-seven, be and the same is hereby declared legal, 
and the taxes upon said assessment shall be collectable as 
though the same had been made, in all respects, according 
to law. 

§ 4. And be it further enacted, That an act entitled cts revived. 
" An act to amend an act entitled an act to amend the act 
incorporating Jacksonville," approved February 18, 1857, is 
hereby repealed ; and the act so amended shall be revived 
and be in full force and effect. 

§ 5. This act shall take effect on its passage. 

Approved, February 21, 1859. 



AN ACT to enable the Board of Supervisors of Boone county to levy an ad- In force Febru- 
ditional tax for certain purposes therein named. ary 19, 1859. 

Section 1. Be it enacted by the People of the state of 
Illinois, represented in the General Assembly, That the 
board of supervisors of the county of Boone may, at their 
annual meeting, levy a tax, not exceeding two mills on the Tax. 
dollar, over and above the amount now allowed by law for 
county purposes; which shall constitute a fund, separate 
from the county revenue, and shall be appropriated either 
to the payment of the outstanding bunds of said county or 
the purchase of a poor farm and the erection of suitable 
buildings thereon, and for no other purpose, and shall cease 
when the aforesaid objects have been accomplished. 
—16 



210 TAXES. 

Special tax. § 2. Said special tax shall be levied and collected in the 

same manner as other tax is. 

§ 3. This act shall take effect from and after its passage. 
Approved February 24, 1859.] 



In force Feb'y AX ACT to authorize the County Court of Fayette county to levy a tax for the 
12, 1S59. purpose of repairing court' house iu said'county, and other purposes. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the 
county court of Fayette county be and the same is hereby 

Special tax. authorized and empowered to levy a special tax, for the 
term of two years, not to exceed fifty cents (50) on each 
hundred dollars' worth of personal and real estate in said 
county ; the proceeds of said tax to be applied to the pay- 
ment of repairs on the court house in said county, and for 
furnishing the same. 

Surplus. § 2. That the surplus, if any, of said tax, be paid in to 

the county treasury, to be applied as said county court shall 
direct. 

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

Approved February 12, 1859. 



In force Feb'y AX ACT empowering the Board of Supervisors of Jo Daviess county to levy 
18, 1859. certain taxes therein named. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That the peo- 
ple of the county of Jo Daviess, by their board of super- 
Authorized to visors, be and are hereby authorized to levy a tax, of one 
levy tax for mill upon the dollar, upon all taxable property in said coun- 
bndges. t ^ £ or ^ 1Q purpose of erecting bridges and maintaining 

same in said county. 
Taxes to liqui- § 2. Be it also enacted, That the people of said county 
debt C0UulJ of Jo Daviess, by their board of supervisors, be and [are] 
hereby authorized and empowered to levy a further tax, of 
two mills upon the dollar, upon all taxable property, to be 
used as a sinking fund, for the purpose of liquidating the 
indebtedness of said county. 

§ 3. This act shall be in force from and after its passage. 
Approved February 18, 1859. 



TOWNS. 211 

AX ACT to attach a portion of T. ID X., R. 12 W., to T. 18 X., R. 12 W., in Ver- In force Feb'y 
niilion county, state of Illinois. 21, 1859. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented m the General Assembly, That tlie fol- 
lowing described portion of T. 19 X., of It. 12 "W., viz : Territory 
Beginning at the southeast corner of said T. 19 X., R. 12 attached. 
\V. ; thence north one mile, on the range line ; thence west 
one mile and a half; thence south to the line of T. 18 X., 
R. ,12 W. ; thence east to the place of beginning, be and 
the same is hereby attached to T. 18 X., R. 12 W., in Ver- 
milion county, state of Illinois, and shall be hereafter taken 
and considered a part of T. 18 X., R. 12 \V., for all civil 
purposes. 

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

Approved February 21, 1859. 



AX ACT to re-annex certain lands to the town of New Trier. In force Apnl 

26, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That all of 
the Archange Oinleneth Reserve, and fractional sections Territory 
twenty-two, twenty-six and twenty-seven, in township forty- attached - 
two north, range thirteen east, be disannexed from the town 
of Evanston and annexed to the town of Xew Trier. And 
that part of section 3 of "An act to establish the town of Lake- s e e <j tion re P eal " 
view, in Cook county, and to change the name and boundaries 
of the town of Ridgville and to constitute the same a town- 
ship, for school purposes," requiring the trustees of schools 
of township forty-two north, range thirteen east, to pay to 
the trustees of schools of town forty-one, range fourteen, 
one-sixth part of the township school funds, be and is hereby 
repealed. 

Approved February 21, 1859. 



AX ACT to authorize the inhabitants of the town of Maine, in Cook county, to In force Feb'y 
build a town house. 11, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois represented in the General Assembly, That the inha- 
bitants of the town of Maine, in Cook county, be and they 
are hereby authorized to receive a donation or to purchase Donation, 
a lot and erect a building thereon, to be used for town meet- 



212 



TOWNSHIP ORGANIZATION. 



ings in such town, and for such other public purposes as the 
trustees hereinafter named may authorize. 

Appropriation. § 2. The electors of such town, at any annual or special 
town meeting, may determine, by a vote, what sum shall be 
appropriated for the purpose aforesaid ; and the amount so 
voted shall be assessed, levied and collected in the same 

Tax. manner as other town taxes are assessed, levied and collect- 

ed ; and the electors may vote at the same time as to the 
location of said building. 

Expenditures. § 3. The expenditure of such money and the control 
and use of such building shall be made and exercised by a 

Trustees. board of three trustees, to be chosen at each annual town 
meeting after the passage of this act, in the same manner 
as other town officers are chosen, who shall hold their offices 
until their successors are elected. The following named 
persons shall constitute such board of trustees, and hold 
their offices until their successors shall be chosen, as afore- 
said, viz : H. W. Phillips, A. F. Miner and T. P. Kobb. 
§ 4. The said trustees shall choose one of their number 

Treasurer. treasurer, and prescribe the amount, condition and securities 
of the bond to be given by such treasurer; and no money shall 
be paid out by the treasurer without the written order of a 
majority of such trustees ; and the said trustees shall, annu- 
ally, at the regular town meeting, report, in writing, all their 
doings as trustees ; and shall receive for their services such 
compensation as may be fixed by the voters of said town, at 
their annual town meetings. 

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

Approved February 11, 1859. 



In S rC iV^. eb '' V AN ACT t0 amend an act entitled "An act to provide for Township Organ- 
21, 1859. ization." 

Section 1. Be it enacted ly the People of the State of 
Illinois, represented in the General Assembly, That the fourth 
Section amend- section of article sixteenth of an act to provide for township 
e • organization, approved February 17, 1851, so far as is appli- 

cable to the county of Cook, be so amended that it shall re- 
quire two-thirds of all the supervisors elected to appropriate 
money from the county treasury for construction of roads 
and bridges. 

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

Approved February 21, 1859. 



TOWNSHIP ORGANIZATION. 213 

AN ACT to change the time of holding town meetings in the county of Cook. In force Febru- 
ary 24, 1659. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That here- 
after the annual town meetings in the county of Cook shall Town meetings 
be held on the first Tuesday next after the first Monday of 
November in each year. 

§ 2. The supervisor of each town in said county of Board of eiec- 
Cook shall be the moderator of the meeting, and shall, at tlon * 
the same time, be one of the board of election now provided 
for by law. The town clerk shall also act as one of the 
clerks of the election, as also of the town meeting. In 
case the supervisor and town clerk, or either of them, should 
be absent, then the electors present shall choose from their 
number to fill the board of election, and the business of the 
town meeting, as also the election for state, county, town 
and other officers shall proceed in all respects as if they 
were present. 

§ 3. The town officers now in office in said county of Town officers. 
Cook shall hold over until the next general election after 
their term of office, for which they were elected expires, 
and until their successors are elected and qualified. 

§ -i. In the towns of North Chicago, West Chicago, Town meetings 
South Chicago and such other towns as may hereafter be abollshed - 
created out of said towns, the town meetings now provided 
for by law shall be abolished, and the board of auditors, 
now provided for by law, and the assistant superviors and 
ward supervisors shall constitute a board, who shall transact 
all the town business now provided by law to be transacted 
by the town meeting. 

§ 5. The town officers for the towns of North Chicago, Town officers. 
South Chicago and "West Chicago shall be voted for by 
wards or election precincts, and the returns of the elections 
shall be made to the town clerk of said towns, who, calling 
to his assistance two justices of the peace of said county, 
shall canvass the votes and grant certificates of election to 
the persons receiving the highest number of votes. The 
judges of election appointed by the common council of the 
city of Chicago in each year, shall hold said elections. 

§ 6. The board of election shall make returns to the Returns, 
county clerk for all the officers voted for, except the town 
officers, and shall declare who are elected town officers, as 
now provided for by law. 

§ 7. Special town meetings mav be held during the year Special town 
1859, to transact the business which the changing of the mectin s s - 
time for the annual town meeting by this act, may make 
necessary. 

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

Approved February 24, 1859. 



214 WILLS, 

In force April AN ACT amending sec. 4 of the act entitled "Wills." 

26, 1859. 

Section 1. Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That when any 
Attestation of witness attesting any will, testament or codicil, shall reside 
wills, &c. without the limits of a county where a will, testament or 
codicil is produced for probate of the same, and said witness 
shall be unable to attend said court, it shall be lawful for 
the county judge to issue a dedimus potestatem or commis- 
sion, authorizing the taking and certifying of the attestation 
of said witness, in due form of law, as they are now required 
to do in section four of the statute of " Wills," where the 
witness resides without the limits of this state. 
Approved February 24, 1859, 



JOINT RESOLUTIONS. 



JOINT RESOLUTION in relation t • □ .itutional Convention. 

Resolved by the Senate and [Ton, Representatives, That 
the electors of the state of Illinois and they are hereby 
recommended, at the next electi* members of the gen- 
eral assembly, to vote for or againsl calling a convention to 
form a new constitution for the stat< of Illinois. 



JOINT RESOLUTION relative to reports the proceedings of the General 
Assembly 

Resolved by th^ House of Representatives, the Senate con- 
curring herein, That the reporters oi the State Register and 
Illinois State Journal are hereby authorized to make full 
reports of the proceedings and debates of each house of this 
general assembly on all subjects of general interest, and 
that they be paid, for so doing, the sum of five dollars per 
day each, out of the contingent fund. 



JOINT RESOLUTION relative to postage and stationery. 

Resolved by the Senate, the House of Representatives con- 
curring herein, That the joint resolution of the last general 
assembly, -concerning postage and stationery, be adopted at 
the present session, excent "gold pens." 
—17 



218 JOINT RESOLUTIONS. 

JOINT RESOLUTIONS relative to public buildings in Springfield. 

Whereas the people of the state of Illinois are deeply im- 
pressed with the importance of safe and proper accommo- 
dations for the Uni ed States courts of the southern dis- 
trict, the pension and land offices and post office, all now 
in the city of Springfield, where at present are filed a 
large amount of highly important and valuable papers, 
affecting the titles and interest of many to a large extent, 
both of residents and non-residents, which papers were 
recently, with much risk and difficulty, rescued from con- 
flagration ; and whereas, also, the congress of the United 
States has made an appropriation lor the erection of a 
building for these purposes, and the treasury department 
of the United States has purchased a site for said build- 
ing in the city of Springfield, the title of the same now 
being in the United States, and the jurisdiction thereto 
having been ceded by the state of Illinois ; therefore, 
Resolved by the Senate and House of Representatives of 
the State of Illinois, in General Assembly, That our senators 
be instructed and our representatives in congress be re- 
quested to use all honorable means to secure the immediate 
construction of a building for the accommodation of the 
United States courts, pension and land office and post office 
in the city of Springfield, that it may be completed within 
the sum already appropriated, or such an additional appro- 
priation at the present session of congress. 

Resolved, That the governor be requested to transmit a 
copy of these resolutions and preamble to each of our sen- 
ators and representatives in congress. 



JOINT RESOLUTION making appropriations to pay extra officers. 

Resolved by the House of Representatives, the Senate con- 
curring herein, That the extra assistant secretaries of the 
senate, and extra assistant clerks of the house of represent- 
atives, be allowed the tame per diem as the regular clerks 
and secretaries — the number of days to be certified by the 
secretary and clerk respectively ; the extra assistant enroll- 
ing and engrossing clerks of the senate and house of repre- 
sentatives the same per diem as the elective officers — the 
time of each to be certified by the principal clerks and chair- 
man of the enrolling and engrossing committees ; the clerks 
of the several committees of either house the same per 
diem as the clerks — the time to be certified by the chair- 
■man of the respective committees; the superintendent of 
| committee rooms the same per diem as door-keepers — the 



JOINT RESOLUTIONS. 219 

time to be certified by the speaker of the house of repre- 
sentatives; the postmaster of the senate, and postmaster 
and assistant postmaster, folder, &c, of the house of repre- 
sentatives the same per diem as secretaries and clerks ; and 
to John R. Campbell, boy employed by house to assist post- 
master, two dollars per day — the time to be certified by the 
speakers respectively; to the pages of the senate and house 
of representatives, $1.50 per day each — the time to be cer- 
tified by the speakers respectively ; to M. S. Dunning, 
police officer of the senate and house, four dollars per 
day — the time to be certified by the speaker of the senate ; 
to Michael M} T ers, mail carrier of the present session, one 
dollar and fifty cents per day — the time to be certified by 
either speaker ; to D. J. Waggoner, for cash paid for clean- 
ing spittoons and repairing chairs of the senate, eleven dol- 
lars and fifty cents; to John Jackson, eighteen dollars, for 
cleaning spittoons for the house of representatives ; and 
Henry Binmore (house) and R. R. Hitt (senate), reporters 
for Register and Journal, each the sum of five dollars per 
day. 

And be it further resolved, That the auditor of public ac- 
counts audit and settle the account of the postmaster of the 
city of Springfield, for the postage of the present session, 
and draw his warrant on the treasurer for the amount 
thereof. 

And be it further resolved, That the auditor of public ac- 
counts be authorized and directed to draw his warrant on 
the treasurer for the amounts covered by the foregoing reso- 
lution. Also, that the auditor of public accounts be author- 
ized to audit the accounts of the clerk of the house of repre- 
sentatives and secretary of the senate for newspapers fur- 
nished members of the general assembly during the present 
session, and to draw his warrant on the treasurer (who is 
hereby authorized to pay the same) in favor of the several 
persons entitled to the same. 



JOINT RESOLUTION in relation to printing the agricultural report. 

' Resolved by the House of Representatives, the Senate con- 
curring herein. That the state printer be and he is hereby 
directed to print three thousand copies of the Transactions 
of the State Agricultural Society. 



220 JOINT RESOLUTIONS. 

JOINT RESOLUTION in relation to publishing laws. 

Resolved ly the Senate, the House of Representatives con- 
curring herein, That the secretary pi state be instructed to 
have published all the laws of a general nature passed at 
this session of the general assembly, in the State Register 
and Illinois State Journal, immediately after the adjourn- 
ment of the general assembly, which laws, so published, 
shall be prima facie evidence of what is therein provided : 
Provided, that the cost of publishing said laws shall not ex- 
ceed two hundred dollars to each paper, and that one copy 
of each paper containing such laws shall be furnished to the 
clerks of the circuit and county courts of this state. 



Department op State, 

Springfield, July 1, 1859. j 

I, 0. M. Hatch, secretary of state of the state of Illinois, do hereby certify that 
the foregoing, except the words printed in brackets thus, [ ] (which are inserted 
for the purpose of correction and explanation,) are true and perfect copies of the 
enrolled laws and joint resolutions on file in my office. 

In testimony whereof I have hereunto set my hand, the day and year aforesaid. 

0. M. HATCH, Secretary of State. 



INDEX. 



A. 

PAGE. 

Adams county, ferry across the Mississippi established in 114 

' ' school property in 179 

■ ' school district No. 1, act in relation to 181 

' ' school trustees authorized to purchase lot 181 

.Administrators required to fix upon term of court 95 

llbion, Edwards county, state road established from to Newton 195 

ilex nder county, county seat of, removed 41 

' • terms of circuit court in 51 

Vlton, city court of 71 

\merican Bottom, relief of persons in 144 

\pprentices, from Pennsylvania house of refuge 9 

1 ' indentures of, binding in Illinois 9 

Impropriations, partial, for defraying expenses of general assembly 10 

' ' to defray expenses before the finance committee 9 

to complete supreme court and library building in the third G D 11 

1 1 to complete supreme court room of the first G. D., at Mt. Vernon 11 

to supply deficiencies in, to deaf and dumb institution 11 

4 • for support of deaf and dumb asylum 12 

for ordinary expenses of deaf and dumb asylum 12 

4 • for support of institution for the blind 13 

for completion of state hospital for the insane 13 

4 ' for ordinary expenses of state hospital for the insane 13 

additional appropriations and provisions for the state penitentiaries. . . 14 

4 4 to Sanger, Casey & Ross 15 

' 4 to Buckmaster & Wise 15 

4 4 for bibles in penitentiaries 16 

for engineer and appraiser at Alton penitentiary 16 

44 to Thompson, Foreman & Company, London 19 

to erect monuments at Vaudalia 127 

Arson, crime of, further defined 16 

Assault with deadly weapons, law amended 153 

Assessments of Illinois Central Railroad 206 

4 4 legalized in Hancock county 207 

4 4 Jacksonville 208 

Assessors, to gather statistics of crops 204 

Attestation of wills 214 

Attorneys, fees of state's attorney of the seventh circuit 17 

Aurora, act of incorporation amended 1(6 

B. 

3irds, small, act to prevent destruction of 119 

31ind, institution for, ordinary expenses provided 13 

Blossom, Rufus P., declared of lawful age 124 

3oard of supervisors, to change names of towns and villages 129 

authoi ized to change or re-locate state roads 194 

3ond, county court of, jurisdiction extended 98 



INDEX. 



PAGK 

Bond county court, practice in 99 

" ' ' appeals from justices 99 

" ' ' poweis in vacation 100 

Bond county, terms of circuit court in 70 

Boone county, court of, terms of holding court in 100 

' ' " appeals from justices 101 

" '* terms of circuit court in 62 

Brown, A. J., assignees of, authorized to keep a ferry 117 

Brown county, paupers in. 129 

1 ' school district created in 182 

• ' terms of circuit court in 54 

Brooklyn, Massac county, ferry established at 118 

Burnett, W. & F., authorized to establish ferry 116 

Burglary, penalty for committing 154 

Bureau county, attached to ninth judicial circuit 56 

11 terms of circuit court in 56, 57 

' ' tax payers in Princeton relieved 177 

1 ' court, jurisdiction extended 98 

c. 

Cairo, city of, jurisdiction over certain lands in, ceded 123 

" city records, to be restored 139 

' ' city court of, practice therein 80 

1 ' common pleas court established 80 

Calhoun county, terms of circuit court in. . . . 48 

Canal lands, may be mortgaged by religious societies. 123 

Canal indebtedness, state indemnified against loss by 190 

Capital punishment, manner of inflicting death punishment charged 17 

Carroll county, terms of circuit court in 69 

Cass " " " 68,69 

Cassidy, George W., act for relief of 145 

Changing names, an easy and expeditious method provided 128 

Chenoa, town of, school district relieved 178 

Chicago, superior court of 84 

1 ' school districts Nos. 1 and 2 created 184 

' ' custom house, jurisdiction ceded to United States 121 

1 • recorder's court, fees of state's attorney in 17 

Christian county, records to be transcribed 134 

terms of circuit court in 65 

Citizenship, Seay, R. and J., restored to 18 

Claims, of Magniac, Jardine & Co., to be investigated 18 

1 ' account of Thompson, Foreman & Co., to be adjusted 19 

Clark countv, terms of circuit court in 52 

Clay "* " " 52 

Clerks of courts of record, act relating to 133 

Clinton county, terms of circuit court in 49 

Coles " " " , 52 

Common pleas, court of, in Elgin 76 

" ' ' Aurora 76 

11 " Cairo 80 

Confession, judgment by 120 

Conveyances, act concerning the conveyance of real estate for the security of common 

school fund 19 

Cook county, time of holding town meetings changed 213 

terms of circuit court in 87 

provision in relation to collectors of 2<>5 

Corporations, act for the incorporation of various societies, benevolent, literary, &c. . 20 

fur manufacturing, mining, mechanical and chemical purposes 23 

act relating to fire companies 23 

act authorizing corporations to call stockholders' meetings ... 23 

Counties, Douglas county established 24 

1 ' county seat 26 



INDEX. m 



PAGE 

Counties, Douglas county, supplementary act 28 

1 l Ford county established 29 

' ' ' ' county seat 81 

'' " supplementaty act 33 

' ' Franklin county, judgment and decrees in 34 

11 Hardin " act tor benefit of 34 

' • Henderson ' ' to use poor house 35 

" Iroquois " arts of commissioners of highways legalized 36 

" McLean " to issue bonds 36 

' ' Peoria ' ' to build court house and jail 37 

" Saline ' ' to construct county buildings 38 

1 ' Schuyler " to purchase certain indebtedness 39 

11 St. Clair c ' to borrow money 39 

1 ' Stephenson ' ' to borrow money 40 

1 ' White " sale of property in 40 

1 ' Whiteside ' ' swamp lands in 41 

County seats, of Alexander county, removal 41 

Douglas ' ' established 26 

Effingham ' ' re-located 43 

Ford " established 31 

Henderson ' ' removed 44 

Kendall ' ' re-located 45 

Tazewell " " 46 

Coupons, penalty for embezzling 154 

Courts, authorized to hold over when capital trials are pending 47 

supreme court to correct judgments in vacation 47 

certain decrees in chaicery and orders of court 48 

(city,) Alton, city court of 71 

' ' Aurora, common pleas court 76 

1 ' Cairo, " • ' * ' established 80 

' ' Chicago, superior court of 84 

* ' Elgin, common pleas court 76 

' ' La Salle, recorder's court of 87 

11 Peru, " " 87 

(circuit,) first judicial circuit, time of holding courts 48 

' ' second ' ' ' ' ' • 49 

third " •« " 51 

" fourth " " ** 52 

11 fifth " " <( 53 

11 sixth " " " 54 

M eighth •« ** *' 55 

11 ninth " *' " 56, 58 

" tenth " " " 58 

11 eleventh " •' " 59 

11 twelfth '* <( ' 4 61 

11 thirteenth '« " M 62 

" sixteenth • ' * 4 " 68 

' * seventeenth ' ' Cl " 64 

" eighteenth " M " 64 

11 nineteenth %t ' ' " 65 

11 twentieth *' " ' • 66 

" twenty-first " " " 67 

' ' twenty-second ' ' *■' ' ' 69 

4 ' twenty-third • ' " ' • 66 

1 ' twenty-fourth • * " ' ' 70 

' ' twenty-fifth " • ' ■ ' 52 

41 twenty-sixth • ' t( ' ' 60 

(county,) probate system, act to reform 92 

' ' dower, jurisdiction in, granted 92 

' ' probate business, terms of court for 95 

1 ' to control state roads 194 

' ' empowered to sell swamp lands 201 

• ' Bond county court, jurisdiction extended 98 



iv INDEX. 



PAGH 

Courts, (county,) Bond county court, practice in 99 

*' '' " '' appeals from justices 99 

'* ' ' " " powers in vacation 100 

11 " Boone " terms of holding courts in 100 

" tl " ' ' appeals from justices 101 

11 " Bureau 44 jurisdiction extended 98 

" ' ' Carroll " certain acts repealed 102 

11 " Cook " common pleas, additional jurisdiction conferred. 84 

11 ' ' " " " to be known as "superior court 

of Chicago" 84 

11 " 4< ' ' " tenns of holding court 85 

11 " " " judge of, compensation provided for 103, 104 

44 ' ' Iroquois ' ' jurisdiction extended 98 

•■ 44 Lake " " «« 101 

* • " " " practice regulated 101 

11 *' Lee " certain act repealed 102 

44 ' • Vermilion 4 • jurisdiction extended 96 

11 • ' Warren ' ' " " , 98 

1 ' " Whiteside " certain act repealed 102 

Crawford county, terms of circuit court in 52 

Crenshaw, John, act for the relief of 145 

Criminal code, arson further defined 16 

burglary, penalty for committing 154 

capital punishment, manner of inflicting changed 17 

embezzling railroad tickets and coupons 154 

manslaughter, punishment of, increased 129 

Crops, assessors to gather statistics of 204 

Custom house, Chicago, jurisdiction ceded to United States 121 

Cumberland county, terms of circuit court in 52 

Cuqua, Charles, act for relief of 146 



Deaf and dumb institution, deficiencies in appropriations supplied 11 

1 ' ' ' " heating and lighting 11 

11 " " manner of keeping accounts 12 

" " " treasurer of 12 

" *' t{ provision for support of for 1859-60 12 

Defaulter, public, the state secured in certain cases 125 

DeKalb county, provision in relation to collectors of. 205 

1 4 terms of circuit court in 62 

Douglas county, act to establish 24 

' ' county seat 26 

4 ' supplementary act 28 

1 * terms of circuit courts in 2*7 

Dower, jurisdiction in, granted to county courts 92 

1 • act in relation to decrees in chancery and orders of courts 48 

Doyle, Alex. P. H., act for relief of 147 

Drainage of certain lands in Madison county 106 

1 ' 4 ' 4 4 Mason " 104 

DuPage county, terms of circuit court in 59 

E. 

Edgar county, terms of circuit court in 52 

Edwards county, terms of circuit court in 61 

Effingham, state road established to 196 

Effingham county, county seat of, removed , 43 

terms of circuit court in 64 

Elgin, common pleas court of 76 

Embezzling railroad tickets, how punished 154 

44 coupons, how punished .... 154 

Executors required to fix upon terms of court , 95 



INDEX. 



Fayette county, to levy tax to repair court house 210 

1 ' terms of circuit court in 64 

Fees, additional fee in cases of forfeited recognizance 134 

Fee bills, time of issuing. 112 

Fences, Illinois river a lawful fence. 112 

Ferries, Adams county, across Mississippi in 114 

4 ' Brooklyn (Massac county), ferry authorized at 118 

* ' Brown A. J. (assignees of) rights and franchises confirmed 117 

1 ' Chester, ferry franchise extended 115 

1 ' Golconda, ferry established at 118 

11 Grayville, ferry established at 113 

' ' Peru, ferry established at 114 

1 ' Pike county ferry across Mississippi river in 116 

1 ' "An act to establish a ferry therein named, approved Feb 8, 1851," extended. 114 

Finance committee, of the senate expenses paid 10 

First grand division, supreme court and library room to be completed 11 

11 ' ' ju3ge to superintend same 11 

Fire companies, act in relation to 23 

' ' members of, exempt from street and road labor 23 

Ford county, act to establish 29 

1 4 county seat 30 

' ' supplementary act 33 

' ' terms of circuit court in 31 

Franklin county, sales of lands under judgments and decrees legalized 34 

terms of circuit court in 50 

Fulton county, terms of circuit court in 53 

G. 

Galesburg, graded schools established in 163 

1 * common school district created 163 

Gallatin county, act for relief of 

terms of circuit court in 65 

Game, act to prevent the destruction of small birds 119 

1 ' game law repealed in Greene county 120 

Golconda, ferry established at ... 1 18 

Grayville, ferry established at. 113 

Greene county, game law repealed in ... 120 

terms of circuit court in 48 

Grundy county, Illinois river a lawful fence in 112 

terms of circuit court in 59 

H. 

Hamilton, P. P., to be paid for services 149 

Hamilton county, terms of circuit court in 61 

Hancock county, act for benefit of school district No. 3 1 87 

1 ' assessment in, legalized 207 

Hanging, to take place within an inclosure 17 

Hardin county, act for benefit of 34 

1 ' terms of circuit court in 65 

Henderson county, county court of, authorized to use poor house as a jail 35 

election for removal of county seat 44 

terms of circuit court in 59 

Henry county, act concerning swamp lands in -• 202 

terms of circuit court in 54 

Higgins, J. M., act for relief of. 149 

I. 

Illinois Central Railroad, act in relation to assessment of 206 

Illinois river, declared a lawful fence in Grundy county 112 



vi INDEX. 



PAGE 

Implication, repeal of laws by 152 

Indian Point Road Company, act to incorporate 196 

Insane Hospital, appropriations to complete 13 

' ' ordinary expenses provided for. 14 

Institution for the Blind, provision for support of 12 

Institution for Deaf and Dumb, deficiencies in appropriation supplied 11 

' ' provision for support of 12 

Iroquois county, acts of commissioners of highways, legalized 36 

act relating to swamp lands in 203 

jurisdiction of county court in 98 

terms of circuit court in 66 

J. 

Jackson county, act to form school township, amended 183 

terms of circuit court in 51 

Jacksonville, taxes in, legalized 209 

town charter amended 208 

Jacksonville, Alton and St. Louis Railroad Company, right of state in, surrendered. . . . 134 

Jasper county, terms of circuit court in 52 

Jefferson county, terms of circuit court in 61 

Jersey county, terms of circuit court in 48 

Jo Daviess county, paupers in 130 

Johnson county, terms of circuit court in 50 

Joint resolutions, resolution in relation to constitutional convention 21*7 

11 ' ' reports of proceedings of general assembly. . 217 

' ' " postage and stationery ., 217 

" " tf public buildings in Springfield 218 

lt " pay of extra officers 218 

" '' printing agricultural report 219 

11 " " publishing laws 220 

Judgments, supreme court to correct 47 

by confession 120 

when may be entered 120 

judgments and decrees in Franklin county 34 

Jurisdiction ceded over certain lands in Chicago 121 

Cairo 123 

Jurors to serve but one term 154 

Justices of the peace, jurisdiction in replevin 152 

K 

Kane county, terms of circuit court in. . . 62 

' ' exempted from act extending collectors' time for paying taxes 205 

Kankakee county, terms of circuit court in 66 

Kendall county, act for locating county seat 45 

terms of circuit courts in 58 

Kinney, Wm. C, (heirs of,) act for relief of 149 

Knox county, terms of circuit court in 59 

L. 

Lake county court, jurisdiction extended 101 

practice regulated 101 

Lands, canal lands may be mortgaged by religious societies 123 

' ' school lands, original plats to be recorded 124 

La Salle, recorder's court of, established , 87 

salary of judge 88 

terms of court 90 

La Salle county, terms of circuit court in 56 

Lawful age, Blossom, R. P.. declared of 124 

Lawrence county, terms of circuit court in 52 



INDEX. m 



Lee Centre, union graded schools incorporated . . 168 

' ' entitled to specimens 171 

Lee county, county court of 102 

' ' certain act repealed 102 

• ' terms of circuit court in 69 

Lien to secure the state in certain cases 125 

Limitations, act relating to law of 125 

1 ' words defined 125 

Lincoln school district, act to establish 172 



Macadamized roads, general law in regard to 154 

Macon county, records to be transcribed 136 

' ' terms of circuit court in 64 

Macoupin county, terms of circuit court in 65 

Madison county, drainage of land and construction of levees in 106 

' ' terms of circuit court in 70 

.Magistrates (police), jurisdiction extended in Mound City 132 

Magniac, Jardine & Co., claim of, to be investigated 18 

Maine, town of, to build a town house 211 

Manslaughter, punishment for, increased 125 

Marion county, school trustees authorized to sell land 187 

1 ' terms of circuit court in 49 

Marshall county, terms of circuit court in 56 

Mason county, drainage and reclamation of certain lands in 104 

terms of circuit court in 68-9 

Massac county, terms of circuit court in 65 

1 ' ferry in, at Brooklyn 118 

Masters in chancery, superior court of Chicago to appoint 86 

Matteson, Joel A., to indemnify the state of Illinois against loss 190 

McDonough county, terms of circuit courts in 53 

McHenry county, paupers in 131 

1 ' terms of circuit court in 62 

McLean county, supervisors authorized to issue bonds 36 

school district No. 1 relieved 178 

Menard county, terms of circuit court in 68-9 

Mercer county, terms of circuit court in 58 

Mining, act regulating 126 

1 ' miners to permit examinations 126 

Monroe countv, terms of circuit court in 49 

Montgomery county, terms of circuit court in 65 

Monuments to be erected at Vandalia 127 

Moote, Joseph H., act for relief of 150 

Morgan county, terras of circuit court in 48 

Moultrie county, terras of circuit court in ■ 6* 

Mount Vernon (Jefferson county), supreme court building to be completed 11 

N. 

Names, easy and expeditious method of changing 128 

„* * towns and villages, supervisors to change names of 129 

" of R and W. Hengst, changed 127 

'' provisions in case of divorce 128 

Naperville Bank, act for relief of 151 

Newton (Jasper county), state road, to establish 193 

New Trier (town of), certain lands re-annexed to 211 



Ogle county, terms of circuit court in, 



vin INDEX. 



P. 

'aupers, in Brown county 129 

" in Jo Daviess county ISO 

" in MuHenry county , 131 

'eoria (city of), charter amended . 174 

" public schools established and regulated 174 

*eoria county, to build a court house and jail 37 

school tax legalized in 175 

terms of circuit court in 63 

Voria and Hannibal Railroad bonds, special tax to pay interest thereon 38 

'enitentiaries, appropriation for new 14 

warden to remove convicts 14 

governor to appoint chaplains 15 

superintendent of, paid certain claims 16 

•ennsylvania House of Refuge, appi entices irom 9 

Vrry county, terms of circuit court in 51 

'eru (La Salle county), recorder's court established 87 

'■' salary of judge 88 

" terms of court 90 

" " floating bridge at 114 

"iatt county, terms of circuit com tin 64 

'ike county, terms of circuit court in 53 

'lank roads, general law in regard to 154 

'olice magistrate, jurisdiction of, in Mound city, extended 132 

|ope county, terms of circuit court in 1 65 

'ort Byron, Brown, A. J., (assignees,) to establish ferry at 117 

'ractice, in supreme court 133 

appeal bonds in supreme court 133 

' ' in courts of record 133 

" in Cairo city courts 80 

" jurors to serve but one term 154 

Preston, P. D., commissioner to transcribe records 136 

Princeton, tax payers relieved 177 

Procedendo may be vacated and set aside 48 

Probate system, act to reform 92 

Pulaski county, terms of circuit court in 65 

Putnam county, terms of circuit court in 56 



Railroad, Jacksonville, Alton and St. Louis, right of state in surrendered 134 

Railroad cars, penalty for breaking into 1 54 

Railroad tickets, penalty for pmbezzling 154 

Randolph county, tetms of circuit court in 49 

recognizances (forfeited), act in relation to 134 

additional fee taxed 134 

Records, in Christian county, to be transcribed 134 

'• in Macon county, to be transcribed 136 

" in Wabash county, to be restored 136 

" of city of Cairo, to be restored . 139 

" of Douglas county 27 

" of Ford county 32 

Recorder's court, of Chicago, fees of state's attorney in 17 

of La Salle and Peru, act to establish 87 

salary of judge of recorder's court of Chicago 104 

Relief, of certain persons in the American Bottom 144 

" of Cassidy, Geo. W 145 

" of Crenshaw, John , 145 

" of Cuqua, Charles 146 

" of Do\ le, A. P. H 147 

" of Gallatin county 148 

" of Hamilton, Presley P 149 

" of Higgins, J. M ' 149 



INDEX. 



IX 



PAGB. 

Relief, of Kinney, Wm. C. (heirs and creditors) 149 

44 of Moore, Joseph H. . .~ 150 

" of Music, George « 14g 

14 of Naperville bank 151 

" of York, Jesse. , 152 

44 of Princeton tax pavers 17*7 

44 of school district No 1, McLean county 178 

Repeal of Laws by implication 152 

Replevin, jurisdiction in extended to justices of the peace 152 

Revised Statutes, chapter 25 amended 153 

30 " 153 

" 83 » I54 

" " 110 " 95 

Richland county, boundaries of school districts changed 188 

" terms of circuit court in 52 

Roads, general law in regard to 154 

" state roads, (see state roads). 

Rock Island county, terms of circuit court in 54 

Rock Island school district, act amended 173 

S 

Saline county, to construct county buildings 38 

44 terms of circuit court in 50 

Sangamon county, terms of circuit court in 65 

School directors, election of under general law 160 

11 body politic and corporate 162 

" duties of 162 

School districts, general law concerning 162 

44 " Galesburg school district (graded schools) 163 

44 44 Lee Centre Union Graded School and Union District No. 1 168 

44 " Linconln school district established ,... 172 

" " Rock Island school district, act amended 173 

44 " in Peoria county, assessment legalized 175 

44 " No. 1, T. 19 N., R. 11 W., Vermilion county assessment legalized 176 

44 " in Will county, proceedings legalized 177 

44 4< No, 1, in Princeton, Bureau county, relieved 177 

" " No. 1, in Chenoa, McLean county, relieved 178 

" " No. 2, in Melrose, Adams county, to raise tax 179 

11 4< No. 1, in T. 1 N, 9 W., Adams county, act concerning 181 

44 " in Brown county created 182 

* 4 * 4 therein named, act to create ._ 182 

11 " No. 1, in Chicago created '. 184 

" 2 " « « 184 

44 No. 3, T. 5 N M R. 8 W., Hancock county, act for benefit of 187 

11 4< therein named, act to change boundaries 188 

" " " " " " " 44 * amended 188 

School fund, distribution of under general law 159 

44 44 of Connecticut, act concerning 19 

44 44 of Whiteside county, to be apportioned 189 

School houses, penalty for breaking into 154 

School lands, original plats to be recorded 124 

School law, general law amended 159 

44 4< concerning distribution of funds 159 

44 44 transfer of pupils 160 

44 4 ' election of directors 160 

44 44 school tax 161 

44 4C incorporating districts 162 

44 4( to be printed acd distributed 163 

School schedules, of Mowequa, Shelby county, legalized 176 

School townships, T. 28, R. 9 E., Stephenson county, acts of trustees legalized 177 

44 " T. 36, R. 9, in Will county 44 ' 4 « 44 177 

" '• T. 2 N., R. 8 W., in Adams county, trustees to receive a deed 181 

44 Fractional township formed in Jackson county 183 



INDEX. 



School townships, T. 39 N., R. 14 E., amendatory act, 183 

" " T. 4 N., R. 3 £., in Marion county, to sell land 187 

School trustees (see school townships) duty under general law 159 

Schuyler county, to purchase certain indebtedness 39 

" " terms of circuit court in 54 

Scott county, terms of circuit court in 48 

Sheep and swine, prohibited from running at large in Mercer and Rock Island counties.. 199 

" " " " " " in Lake county 200 

Shelby county, school schedules in Mowequa legalized 176 

" " terms of circuit court in 64 

Small birds, act to prevent the destruction of 119 

Sin cartv declared navigable 189 

Stark county, terms of circuit court in 63 

State debt, act to indemnify against loss 190 

" " act in relation to payment of 192 

State hospital for insane, appropriation to complete 13 

" " for ordinary expenses 14 

State roads, supervisors and county courts to control 194 

" " from Albion to Newton established 195 

" " in Crawford, Jasper and Effingham located 196 

" " from Indian Point to Metropolis located 196 

" " from Tamai oa to M ississippi river 198 

Statistics, assessors to gather statistics of crops 204 

St. Clair county, to borrow money to complete court house 39 

" " levee provided lor 110 

" " terms of circuit court in ... - 70 

Stephenson county, to borrow money to rebuild poor house 40 

" " school trustees, acts of legalized 177 

Stockholders' meetings, corporations may call 23 

Streets and alleys, corporations have power to vacate 200 

" " " Chicago common council have power to vacate 201 

Superior court of Chicago, act to establish 84 

" " " " terms of court 85 

Supervisors, board of, authorized to change names of towns and villages 129 

" " " to control state roads 194 

Supreme court, to correct judgments in vacation 47 

"• " appeal bonds in 133 

" " appropriation to complete buildings * 11 

Survey of mines 1 26 

Swamp lands, act for sale of. 201 

" " sales of to be reported to auditor of state 202 

" " " " % in Henry county 202 

" " " " " Iroquois county 203 

" " " " " Whiteside county 189 

T 

Taxes, time extended 205 

" in Hancock county, legalized 207 

M in town of Jacksonville, legalized 209 

M additional tax levied in Boone county 209 

" to be levied in Fayette county 210 

" supervisors of Jo Davit- ss county to levy a tax 210 

" assessment of Central Railroad Company 206 

Tazewell county, relocation of county seat 46 

'• " terms of circuit court 68-69 

" u court, act extending jurisdiction repealed 67 

Thompson, Foreman & Co., account of, to be adjusted 19 

Towns, additional territory attached to, in Vennilion county.. . • 211 

" lands annexed to town of New Trier, in Cook county 211 

" inhabitants of town of Maine to build town house 211 

Towns and villages, supervisors of county courts to change name of 129 

Township organization, law amended, in Co^k county - 212 

V" " concerning in Chicago 213 



INDEX. x! 



PAGE. 

u 

Union Graded School, incorporated at Lee Centre 168 

Union county, terms of circuit court in 51 

V 

Vandalia, monuments to be erected at 127 

Vermilion county, terms of circuit courts 55 

" " school tax legalized 176 

" " concerning townships in 211 

Vermilion county court, jurisdiction extended 96 

" " " terms of court 96 

" " compensation of judge 97 

W 

"Wabash connty, records to be restored 136 

" " certain printed books to be restored 138 

11 terms of circuit court in 61 

Warren county, terms of circuit court in 59 

" " jurisdiction of county court extended. .. .„ 98 

Washirigton county, terms of circuit court in 49 

Wayne county, terms of circuit court in 61 

White county, terms of circuit court in 61 

" " sale of property in 40 

Whiteside county, school fund to be apportioned 189 

" " terms of circuit court in 69 

Whiteside county court, certain act in relation to repealed 102 

Will county, school trustees, acts of legalized 177 

" " terms of circuit court in 59 

" " court, act in relation to repealed 60 

Williamson county, terms of circuit court in 50 

Wills, chapter 110, Revised Statutes, amended 95 

" executors required to fix upon term of court 95 

M attestation of, &c 214 

Winnebago county, terms of circuit court in 63 

Woodford county, terms of circuit court in 56-68 

Y 
York. Jesse, act for relief of 152 



PRIVATE LAWS 



TABLE OF COXTEXTS* 

[PRIVATE LAWS.] 



PAGE. 

BENEVOLENT CORPORATIONS: 

An act to incorporate the Chicago Home for the Friendless 9 

An act to amend an act entitled "An act to incorporate Woodland Home for Orphans 
and Friendless,'' approved February 14, 1855 ;.; 12 

BOARD OF TRADE: 

An act to incorporate the Chicago Board of Trade.. ; ■,. 13 

BRIDGES : 

An act to legalize the erection of a bridge ore' the Cache river; 15 

An act to authorize the Galena and Chicago Union Railroad Company to build a bridge.. 15 
An act to amend an act. approved February 17. 1857, authorizing a company to build a 

bridge across the Illinois river at the city of Henry 16 

An act to amend an act entitled "An act fo incorporate the La Salle Bridge and Ferry 

Company, and to authorize the building of a bridge across the Illinois river, at La 

Salle," passed February 11, 1857 16 

An act to authorize the persons herein named to build a bridge across Lusk creek, in 

Pope county. Illinois 17 

An act to authorize the building [of] a bridge across the Illinois at Marseilles IS 

An act to authorize the building of a bridge across Mary's River, in Randolph county... 20 
An act to amend an act entitled "An act to authorize Jonathan C. Willis to build a toll 

bridge across Mill creek, in Pope county 21 

An act to change the name of the Moline Bridge Company 22 

An act to amend an act entitled "An act to authorize the building of a bridge across the 

Illino : s river, at Peru," approved February 10, 1857 ; 22 

An act to incorporate the Pike and Scott County Bridge Company........... 23 

BUILDINGS: 

An act to incorporate the Alton Building and Savings Institution ...;. 24 

An act to amend the charter of the " Elsa Building and Manufacturing Company."' 28 

CEMETERY COMPANIES: 

An act to amend an act entitled "An act to incorporate the Carlinville Cemetery Associ- 
ation," approved February 18, 1853 28 

An act to incorporate the Rosehill Cemetery Company ;.... 29 

CHURCHES: 

An act to authorize the Trustees of the First Baptist Church, in Ottawa. La Salic county, 

, to sell and convey certain real estate 33 

An act to legalize the acts of the Board of Trustees of the First Baptist Church of Tou- 
lon 33 

An act authorizing the Trustees of the Christian Society of Ridgely to sell real estate.... 31 
An aci legalizing the conveyance of land to the parish of Manhattan 31 

CITIES: 

An act to amend city charter of Abingdon, Knox county 34- 

An act to amend the thirteenth section of an act entitled "An act to incorporate the city 

of Alton,'' appioved July 21st. 1837 36 

An act to reduce the laws incorporating the city of Alton and the several acts amenda- 
tory thereof into one act, and to amend the same 36 



11 CONTENTS; 



CITIES 



An act granting a new charter to the city of Belleville, and to reduce the several acts 
incorporating said city into one act SO 

An act to amend the several acts amendatory of the city charter of the city of Blooming- 
ton ; 112 

An act to amend the charter of the city of Cairo 113 

An act to incorporate the city of Centralia 114 

An act to amend an act entitled "An act to incorporate the city of Chester," approved 

February 13, 1S55 124 

An act to amend an act approved February 16, 1857. which was entitled "An act to 
amend the act entitled ' an act to reduce the law incorporating the city of Chicago, and 
the several acts amendatory thereof, into one act, and to amend the same/" approved 

February 14, 1851 125 

An act to incorporate Dallas City ]26 

An act to incorporate the city of Dixon 135 

An act to amend the act entitled "An act to incorporate the city of Galesburg," approved 

February 14, 1S57 ". 150 

An act to charter the city of Fulton * 150 

An act to incorporate the city of Hamilton ; 160 

An act to incorporate the city of La Harpe 169 

An act to incorporate the city of Litchfield, in Montgomery county 181 

An act to amend an act entitled "An act to consolidate the several acts under which the 
city of Macomb was incorporated, and to amend the same," approved February 14, 

1857 213 

An act to repeal an act entitled "An act to incorporate the city of Marshall," approved 

February 15th, 1855 214 

An act to amend an act entitled "An act to incorporate Metropolis Citv," approved Feb- 
ruary 25th, 1845 , , 214 

An act to alter and define the limits of the city of Monmouth, in Warren county 226 

An act to amend an act entitled "An act to change the name of Emporium City, in Pu- 
laski county, to that of Mound City, and to incorporate the same." » , 226 

An act to incorporate the city of New Boston 239 

An act extending the corporate limits and powers of the city and town of Pekin 250 

An act to confirm an act entitled "An act to reduce the law incorporating the city of 
Quincy and the several acts amendatory thereof into one act, and to amend the same," 
approved January 30, 1857, and to amend the same and to legalize all acts of the said 
city under the provisions of said act, or any other acts heretofore passed in respect to 

the rights or powers of said city ; , 252 

An act to amend "An act to amend the charter of the city of R.uckford." 255 

An act to incorporate the city of Sparta, in Randolph county 255 

An act to amend the charter of the city of Springfield 269 

An act to amend an act entitled "An act to charter the city of Sterling," approved Feb- 
ruary 16th, 1857 279 

An [act] to reduce the act incorporating the city of Warsaw, and the several acts amend- 
atory thereof into one act and to amend the same... 281 

An act to incorporate the city of YFaukegan , > 336 

COAL AND MIXING : 

An act to amend an act entitled "An act to incorporate the Carroll County Coal and 

Mining Company," approved February 11, A. D. 1857 356 

An act to incorporate the Peru Co.il Mining Company 356 

COLLEGES, ETC.: 

An act to incorporate the Blandinville Seminary, in the county of McDonough 358 

An act to incorporate the Charleston Academy 360 

An act to incorporate the Dover Academy 361 

An act to incorporate the Ewing Female University 363 

An act to incorporate the Galena Classical Institute 366 

An act to amend the charter of Jubilee College 367 

An act to incorporate the Mattoon Academy 367 

An act to repeal a certain act. aiid to revive another act therein named 369 

An act to amend the charter of Monmouth College 369 

An act to incorporate the Nashville Male and Female Seminary 370 

An act to incorporate "The Olney Male and Female College." 371 

An act to incorporate the Springfield Ursuline Convent of St. Joseph 376 

An act to repeal an act entitled "An act to amend an act entitled an act to incorporate 

tha Southern Illinois Female College, at Salem," approved February 18, 1857 377 

An act to incorporate the Washington Academy " 377 

EXPRESS : 

An act to incorporate the American Express Company 379 



CONTENTS. Ill 

GAS: 

An act to incorporate the Joliet Gas Light Company 3S1 

ICE: 

An act to amend the charter of the Crystal Lake Ice Company 381 

INSURANCE : 

An act to amend the act entitled "An act to incorporate the Addison Farmers' Mutual 
Insurance Company." approved February 15th, 1855 383 

An act to amend an act entitled "An act to incorporate the Chicago Marine and Fire In- 
surance Company." ( 384 

An act to amend an act entitled "An act to incorporate the City Mutual Insurance Com- 
pany of Alton, Illinois." approved February 12,1853 384 

An act to change the name of the Franklin Marine and Fire Insurance Company, and 
to amend the same 385 

An act to incorporate the German Insurance and Savings Institution of Quincy, Illinois. 3S6 

An act to incorporate the Illinois Insurance Company 390 

An act to amend an act, approved February 11. 1857, entitled "An act to extend and 
amend the charter of the La Salle County Mutual Life Insurance Company." 395 

An act to amend an act entitled "An act to incorporate the Peoria Mutual Fire and Ma- 
rine Insurance Company," approved February 15. 1855 395 

An act to change the name of the Putnam County Mutual Fire Insurance Company, and 
to authorize the directors to change the location of the home office 396 

An act to incorporate the St. Clair Savings and Insurance Company 396 

An act to amend an act entitled "An act to incorporate the Waukegan Mutual Insurance 
Company," approved February f J .d, 1853 399 

An act to change the name of the Woodstock Insurance Company 400 

LOAN AND TRUST COMPANIES : 

An act to incorporate the Chicago Loan and Trust Company 401 

An act to incorporate the Phoenix Savings, Loan and Trust Company 404 

MANUFACTURING COMPANIES : 

An act to incorporate the American Pottery Company 407 

An act to amend the charter of the Kankakee and Iroquois Navigation and Manufactur- 
ing Company 411 

An act to incorporate the South Illinois Salt Company 412 

PACKET COMPANY: 

An act to incorporate the Alton and St. Louis Packet Company 413 

PLANK ROADS : 

An act to amend the charter of the Alton and "Woodburn Plank Road Company 415 

An act in aid of the American Bottom Plank Road Company 416 

An act concerning the Randolph County Plank Road Company 417 

An act legalizing the sale of the bridges, property, franchise*, 4c, of the Rock Island 
and Camden Plank Road Company to the city of Rock Island 418 

PROTECTION COMPANY : 

An act to amend an act entitled "An act to incorporate the Naples Protection Associa- 
tion," approved June 21, 1852 419 

PUBLICATION COMPANY : 

An act to incorporate the Swedish Lutheran Publication Society in North America 419 

RAILROADS: 

An act to incorporate the Alton and St. Louis Railroad Company -122 

An act to incorporate the Ashley and lllinoistown Railroad Company 42 t 

An act to revive and amend an act entitled "An act to incorporate the Belleville Eastern 

Extension Railroad Company," approved February 10th, 1853 426 

An act to amend the charter of the Belleville and Southern Illinois Railroad Company.. 427 

An act to incorporate the Belleville and Tamaroa Railroad Company 427 

An act to authorize holders of ten per cent, mortgage bonds, issued by " The Chicago and 
Mississippi Railroad Company," dated March 1, 1854, to become purchasers of the rail- 
road of said company, and t.> organize a new corporation 429 

An act to incorporate the Chicago and Plainfield Railroad Company 432 

An act to authorize the sale of the Chicago, St. Paul and Fond du Lac Railroad, and to 

enable the purchasers thereof to form as a corporation 433 

An act to incorporate the Elgin and State Line Railroad Company 436 

An act to incorporate the Great Western Railroad Company of 1859 439 

An act to incorporate the Highland and St. Louis Railroad 442 



IV CONTENTS. 

RAILROADS: 

An act to incorporate the Illinois Farmers' Railroad Company 449 

An act to further amend the charter of the Illinois River Railroad Company 457 

An act to amend an act entitled "An act to construct a railroad from Jacksonville, in 
Morgan county, to Alton, in Madison county," approved February 15, 1S51, and other 

acts amendatory thereto.., 460 

An act to further amend the charter of the Jacksonville and Savanna Railroad Com- 
pany 466 

An act in relation to the Joliet and Terre Haute Railroad charter, and the amendments 

thereto 469 

An act to incorporate the Kankakee Valley Railroad Company 469 

An act to amend an act entitled "An act to incorporate the La Salle and Lafayette Rail- 
road Company," approved February 15th, 1855 473 

An act to incorporate the Mason County Farmers' Railroad Company 477 

An act to amend an act entitled "An act to incorporate the Michigan and Mississippi 

Railroad Company," approved February 10, 1857 479 

An act to amend an act entitled "An act au. homing the construction of the Mississippi 

and Atlantic Railroad," approved February 23, 1854 479 

An act to amend an act entitled "An act incorporating the Mississippi and Wabash Rail- 
road Company," approved February 10. 1853 4^9 

An act to amend an act entitled "An act to incorporate the Nauvoo and Warsaw Rail- 
road Company," approved February 24th, 1847, and other acts amendatory thereto 483 

An act to incorporate the Northern Illinois Railroad Company 484 

An act to amend an act entitled "An act to incorporate the Ogle and Carroll County 

Railroad Company 488 

An act to incorporate the Paducah, Metropolis and St. Louis Railroad Company 490 

An act to amend "An act to incorporate the Pike County Railroad Company," approved 

February 14. 1857 491 

An act to incorporate the Princeton and Rureau Valley Railroad Company 491 

An act to amend an act to incorporate the Randolph County Coal, Railroad and Manu- 
facturing Company," approved February 14, 1857 492 

An act to amend an act entitled "An act to incorporate the Rock Island and Alton Rail- 
road Company." 494 

An act in relation to the Sangamon and Northwest Railroad Company 496 

An act to incorporate the Savanna and Wisconsin State Line Railroad 496 

An act to repeal an act entitled "An act to incorporate the Shawneetown and Equality 

Railroad Company." 501 

Au act to amend an act entitled "An act to incorporate the Springfield and Pekin Rail- 
road Company," approved February 12th, 1853 501 

An act to incorporate the State Line and Men dota Railroad Company 502 

An act to incorporate the St. Charles Railroad Company 506 

An act to amend an act entitled "An act to amend an act entitled 'an act to incorporate 

the St. Clair Railroad Compary,' " approved February 11th, 1853 511 

An a,ct for the more perfect organization of the Sterling and Rock Island Railroad Com- 
pany i 512 

An act approving and legalizing the construction of the Sycamore and Cortland Railroad 

Company, and to incorporate the same 514 

An act to amend "An act to incorporate the Tonica and Petersburg R,ailroad Company," 
approved January 15th, 1857, and also to amend "An act supplemental to an act to in- 
corporate the Tonica and Petersburg Railroad Company," approved February 16th, 

1857 ". 517 

An act to incorporate the Urbana Railroad Company .,...,.»„ 522 

•An act to amend an act incorporating the Wabash Railroad Company 523 

An act to amend an act entitled "An act to incorporate the Western Air Line Railroad 
Company , 626 

HORSE RAILWAYS: 

An act to promote the construction of Horse Railways in the city of Chicago 530 

An act to provide for the right of way for purposes therein set forth 532 

SEWERAGE: 

An act in addition to an act entitled "An act to incorporate a Board of Sewerage Com- 
missioners for the city of Chicago," approved February 14th, 1S55.. 533 

TOAVNS: 

An act to change the name of the town of Appleton, to vacate a part thereof, and for 

other purposes 534 

An act to change the name of the town of York, Carroll county, to Argo 535 

An act to incorporate the town of Augusta 535 

An act to incorporate the town of Barry 54S 



CONTENTS. V 

TOWNS : 

An act to amend the charter of the town of Belvidere, approved February 5, 1857 5S5 

An act in relation to the incorporation of the town of Blaudinsville, in McDonough 

county 586 

An act to incorporate the town of Brighton, in the county of Macoupin 586 

An act to amend an act entitled "An act to incorporate the town of Carlinville," approved 

February 9, 1853, aDd the amendments thereto 591 

An act to repeal an act, and for other jmrposes therein named 591 

An act to amend the charter of Collinsville, in Madison county 591 

An act to incorporate the town of Columbia, in Monroe county, state of Illinois 597 

An act to give the town of Edwardsville, in Madison county, power to subscribe to the 

capital stock of the Madison County Railroad Company 601 

An act entitled "An act to consolidate the towns of Effingham and Broughton, with the 

several additions thereto, under the name of Effingham 602 

An act to incorporate the town of Eureka 603 

An act to incorporate the town of Fairview 608 

An act to amend an act entitled "An act to incorporate the town of Fieldon, in Jersey 

county, Illinois," approved Feb. 7, 1S59 615 

An act entitled "An act to change the name of the town of Urbanna, in St. Clair county, 

to that of Freeburg." 616 

An act to legalize the original plat of the town of Gillespie, in Macoupin county, and 

also the plat of Philander C. Huggins' addition to said town 616 

An act for the relief of Solon Cumins, Willis T. House and others, and for the legalizing 

of the plat of Grand de Tour and its additions . 616 

An act to amend an act entitled "An act to incorporate the town of Greenville, Bond 

county, Illinois," approved February 15, 1855 618 

An act to amend an act entitled "An act to amend the charter of the town of Henry," 

approve! March 1st, 1854 619 

An act to incorporate the town of Hlinoistown, in St. Clair county 621 

An act to incorporate the town of Kansas 628 

An act to amend an act entitled "An act to incorporate the town of Lewistown," approved 

February 16, 1857 635 

An act to incorporate the town of Liverpool 637 

An act to incorporate the town of Mattoon 638 

An act entitled "An act to amend the charter of the town of Mascoutah, in St. Clair 

county," approved February 4th, 1S57 646 

An act to repeal the charter of the town of McHenry 646 

An act to incorporate the town of Mendota 647 

An act to repeal an act, approved February 16, 1857, entitled " An act to amend an act 

entitled 'an act to incorporate the town of Paris,' approved February 12, 1853, and to 

reduce the corporate limits of said town." 653 

An act to amend an act entitled "An act to incorporate the town of Polo." 654 

An act to amend an act ent tied "An act to extend the corporate powers of the town of 

Princeton 661 

An act to incorporate the town of Prophetstown 665 

An act to incorporate the town of Sandoval, in Marion county, and for other purposes.... 673 

An act to incorporate the town of Staunton, in Macoupin county 680 

An act to authorize the inhabitants of the incorporation of the town of St. Charles to 

subscribe to the stock of the St. Charles Railroad Company 6S4 

An act to incorporate the towns of Sycamore and Sandwich 686 

An act to incorporate the town of Toulon 688 

An .act to incorporate the town of Vienna 694 

An act to annex the town of Tioga City to the town of Warren, in Henderson county 700 

An act of incorporation for ihe town of Warren, in Jo Daviess county 700 

An act to amend "An act to incorporate the town of Washington." 704 

An act to consolidate the several acts incorporating the town of Waterloo, and to amend 

the same 705 

An act entitled an act authorizing the town of West Belleville, in St. Clair county, to bor- 
row money 719 

An act to incorporate the town of Wheaton 719 

- An act to change the name of Middletown, in McDonough county, to that of Young 720 

TURNPIKES : 

An act to incorporate the Ottawa Northern Turnpike Company, and to authorize the sale 
of the Ottawa Northern Plank Road .". '720 

An act to incorporate a turnpike or macadamized road from Prairie du Rocher, in Ran- 
dolph county, to the Mississippi river, in the American Bottom 723 

An act to amend "An act to incorporate the St. Clair Turnpike Company," approved Feb- 
ruary 13, 1S47 726 



i A