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Full text of "Laws of the state of Illinois passed by the Tenth General Assembly : at their special session commencing July 10, and ending July 22, 1837"

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Laws 



OF TUB 



STATE OF ILLINOIS, 



PASSED BY 



THE TENTH GENERAL ASSEMBLY, 



AT THEIR SPECIAL SESSION 



COMMENCING JULY 10, AND ENDING JULY 23, 1837. 



PUBLISHED IX PURSUANCE OP LAW. 



w !▼!♦ r\* rv i 



^j 



Attorney at La« 

VANDALIA, ILL. : 

WILLIAM WALTERS, PUBLIC PRINTER. 

1837. 



rjjl 



tAWS. 



AN ACT supplementary to an act making Appropriations lor the years 1837 In force 21st 
and 1838. July, 1837. 

Sec 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly, That the sums 
allowed to the members and officers of the General As- Members and 
sembly, by the act to which this is a supplement, be and officers 
the same is hereby allowed to the several members and 
officers of the General Assembly as their per diem pay 
and travelling fees for the present session of the General As- 
sembly. Said compensation, when due, shall be certified 
and paid agreeably to said act. The Clerk of the House Clerk of H.R. 
of Representatives and Secretary of the Senate shall Secretary of 
receive the sum of fifty dollars each for furnishing the theSenate 
printer with a copy of the Journals of the present session 
of this General Assembly. 

Sec 2. The Auditor of Public Accounts shall issue Duty of Audi- 
his warrants on the Treasury in favor of the different per- tot- 
sons hereinafter named, for the several sums annexed to 
their respective names; viz: 

To James Black, the sum of five dollars fifty-six and a James Black 
fourth cents, for crape furnished the members of the pre- 
sent General Assembly on the occasion of the death of 
the Hon. George Gal breath. 

To Flack and Hogue, the sum of six dollars and seventy- Fiack&Hogu© 
five cents, for articles furnished for the use of the State. 

To Charles Prentice, the sum of three hundred and <;has - ^entice 
twenty-one dollars, ior articles furnished for the use of 
the State. 

To Henry Snyder, the sum of thirty-five dollars, for Henry Snyder 
clearing the State House and public square of rubbish, &c. 
by order of the Secretary of State. 

To A. McPhail, the sum of the three dollars, for qual-A. McPhail 
ifying the new members of the Senate and House of 
Representatives. 

To Ferris Foreman, the sum of four dollars per day for Ferri * r ° r *" 



4 APPROPRIATIONS. 

assisting the engrossing and enrolling clerk of the House 
of Representatives, the number of days necessarily em- 
ployed, to be certified by the engrossing and enrolling 
clerk. 

WiiHsfc Mad- To Willis and Maddox, the sum of twenty-eight dollars 

C0X and sixteen cents, for articles furnished for the use of the 

S\ate. 

Chas . Piemico To Chas. Prentice, the sum of eleven dollars and sixty- 
eight cents, for articles furnished at the last session of the 
General Assembly. 

Moses Phillips To Moses Phillips, the sum of ten dollars, for articles fur- 
nished for the use of the State. 

To James F. Owings, the sum of ten dollars for two 
. . wings mont j JS renl; f or a room f or ti ie use f th e c i er k of the 

supreme court. 

Officers of the ^o the principal clerk pro tern, of the House of Repre- 

•embiy " sentatives, engrossing and enrolling clerk, late secretary 
to the senate, sergeant-at-arms, and door-keeper, the sum 
of four dollars, for every twenty miles necessary travel 
in going to and returning from the seat of government. 

J M. Morse ^° J anies ^. Morse, the sum of four dollars and fifty 
cents, for covering nine tables for the use of the Senate, 
House, and Secretary of State's Office. 

Biackweii and To Black well and Eccles, eighteen dollars and fifty cents, 

Eccies £ or ar tj c i es furnished for the use of the State. 

Abner Johns- To Abner Johnston, ten dollars and fifty cents, for work 

«ton done for use of the secretary's office. 

S. T. Sawyer To Seth T. Sawyer, the sum of four dollars per day, 
for assisting the clerk of the House [of] Representatives, 
the number of days to be certified by the clerk of [the] 
House of Representatives. 

Jarvis Fore- To Jarvis Forehand, the sum of two dollars per day for 

band attendance on the Council of Revision, and other services 

rendered during the present session of the General As- 
sembly. 

Canal agents That the agents of the state on canal lands be allowed 
one dollar per day in addition to the compensation now 
allowed for services rendered, and hereafter rendered, 
while actually employed, to be adjudged and allowed by 
order of the board of canal commissioners, and be paid 
out of the canal funds. 

Levi Davis, for To Levi Davis, Auditor of Public Accounts, the sum of 

clerk hire f our hundred dollars per annum, for clerk hire in addition 
to his present compensation; to take effect from the last 
day of March last. 

Wm. Hodge To William Hodge, one dollar, for qualifying members 
of the General Asembly. 

Secretary of To the Secretary of State, the sum of two hundred 

State dollars, for copying laws, making marginal notes, reading 



BANKS. 5 

proof sheets, and making index to the laws of the present 
session. 

The Auditor find Treasurer arc authorized to cause the A .„*■♦„ j 

i i_ i i iti AuoiiOr alia 

cupola on the state house to be weather-boarded and cov- Treasurer to 
ered, to secure the building from injury, the cost of which e " cl °s e cupola 
shall be paid out of the thousand dollars appropriated at °" StateHouse 
the last session of the General Assembly to the finishing 
of the lower rooms oi the state house. 

Wherkas, The Auditor of Public Accounts has refused g . 

to issue his warrant in favor of William Walters, public dftc*t& Trea- 
printer, for the sum of §600, in consequence of his failing surer to inves- 
to have the laws and journals bound, of last session, ac- t! p v ' v ? ^y ' 3 '" 1 
cording to law: Therefore^ Be it enacted, That the Secretary 
of State, the Auditor, and Treasurer, be and they are here- 
by empowered to investigate the claim of said Walters, 
and should they be satisfied that said claim or any part 
thereof is just, the same shall be allowed, and the Auditor 
is hereby authorized to issue his warrant on the treasury 
for the amount so awarded. 

Approved 21st July, 1837. 



AN ACT supplementary to an act to Increase the Capital Stock of Certain j n fo iTe gjj, 
Banks, and to furnish means to pay the interest on a loan authorized by an j u ] v 1837 
act entitled "An act to establish and maintain a General System of Inter- 
nal Improvements, approved March 4th, 1837." 

Sec. 1. Be it enacted by the people of the State of Illinois, stock of banks 
represented in the General Assembly, That the stock autho pledged to re-> 
rized to be subscribed to certain banks, by the act to dee ' n , any T loan 

..... . i it i i- i i r mane lor Inter- 

which this is a supplement, shall not be alienated before „ a i Improve- 
the complete redemption of the bonds or certificates of ments. 
stock authorized to be sold by said act: Provided, That Proviso. 
if upon the falling due of any of the principal of said 
bonds or certificates, that it shall be lawful for the State stock ^Ly & 
to sell a sufficieut portion of said stock for the payment of bonds when the 
said bonds or certificates. * ame becomes 

Approved 21st July, 1837. . du '* 



BANKS. 



Force of law in 
regard to banks 
suspended a 
limited lime. 



Duty of Gover- 
nor. 

Duty of bank 
to resume spe- 
cie payment. 
Conditions, re- 
strictions, limi- 
tations. 



In force "Mst A ^ ACT t0 su5 P e » d i for a limited time, Certain Laws in relation to the Bank* 
July, 1637. in this State. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That every provision 
of* law, requiring or authorizing proceedings against any 
bank in in this State, with a view to forfeit its charter, 0? 
wind Up its concerns, or which requires said bank to sus- 
pend its operations and proceedings, in consequence of its 
refusal to pay its notes or evidences of debt in specie, is 
hereby suspended until the end of the next general or spe- 
cial session of the General Assembly, unless the banks 
shall have generally resumed specie payment at an earlier 
date, in which case the Governor shall give notice thereof 
by proclamation, and the said bank shall, within twenty 
days thereafter, also, resume specie payments: Provided, 
however, That to secure the benefit of the foregoing pro- 
vision, said bank shall agree to conform to, and comply 
with, the following conditions, restrictions and limitations, 
viz: 

First — That it will not, either directly or indirectly, 
divide or pay among its stockholders, or to any person for 
them, any dividends, interest, or profits whatever, until it 
shall bona fide resume the payment of its notes and evi- 
dences of debt in specie; which dividends shall be retained 
in bank as an addiiional security to the holders of its notes. 

Second — That it will not, directly or indirectly, during 
the suspension of specie payment, sell, dispose of, or part 
with any of its specie, or gold or silver bullion, except for 
the purposes of change to the amount of five dollars, or un- 
the sum of five dollars. 

Third — That it will furnish monthly, upon the oath of 
its president or cashier, to the Executive of the State, a 
full and complete statement of the condition and financial 
operations of said bank and branches, which shall be pub- 
lished in the newspaper of the State printer. 

Fourth — That it will not, directly or indirectly, issue or 
put into circulation, during the period of its suspension of 
specie payments, any bank bill or note, or any evidence of 
debt by which the amount of its circulation shall be in- 
creased beyond the amount of capital stock actually paid 
in by the stockholders. 

Fifth — That it will receive upon deposite any funds be- 
longing to the State, which may be required to be so de- 
posited, and pay the same out upon the order of the proper 
officer, or agent of the State, in kind, free from charge; 
and also all funds heretofore deposited by the State. 

Sixth — That until the banks shall resume specie pay- 
ments, citizens and residents of this State, who are indebt- 



First. 



Second 



Third. 



Fourth. 



Fifth. 



Sixth. 



BRIDGES. 7 

fed to them upon notes heretofore discounted, shall be 
allowed to pay their debts in instalments, at the rate ot" 
ten per cent, upon each and every renewal of the amount 
originally due, upon condition that such debtors shall exe- 
cute new notes, with satisfactory security, and pay the 
aforesaid per cent, and the interest in advance, according , 
to the usage and custom of banking. Provided, That this 
section shall not apply to notes or bonds assigned or en- 
dorsed to the bank. 

Seventh — That any violation of the provisions of this act, g eventh 
or any failure to comply with and conform to the same, 
shall subject the bank in default to a forfeiture of its char- 
ter. 

Sec. 2. Whenever any bank shall accept the provi- rj uty f p^, 
sions of this act, and the president thereof shall furnish the dent of Bank 
Governor with a certificate of the fact of such acceptance, totumish .V' " 

... . „ ~ , I. - vernor with 

under their corporate seal, the Governor shall issue a certificate. 
proclamation, stating the fact of such acceptance; and Governor shall 
from and after the date of such proclamation such bank ' ^L P tad * 
shall be considered as being entitled to all the benefits 
hereby conferred, and bound by all the conditions, restric- 
tions and limitations herein contained. 

Sec 3. This act shall not be construed so as to impair n . ., . ... 

• i -ii -f-ii i u r . L Kignts ot lnoi- 

any rights required by individuals, or to exnonerate the victuals not im- 
bank from any liability to the holders of its notes, for the paired by this 
nonpayment of the same; and the provisions of this section actl 
shall apply as well to notes heretofore issued as to notes 
which may hereafter be issued. 
Approved 2 1st July, 1837. 



AN ACT to amend the act incorporating the Kaskaskia Bridge Company. In force 20th 

July, 1837. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That so much of the 
above recited act as authorizes the county commissioners 
court of Randolph county, to regulate the tolls of said com- 
pany, be, and the same is hereby repealed, and the said Part of act re- 
company shall be allowed to charge and receive the same peale * 
rates of toll as was allowed to the ferry across the Kaskas- 
kia River, at Katekaskia, bythe county commissioners' court 
of said county for the year one thousand eight hundred and 
thirty seven; and so much of said act as authorizes the Actiepea 
the county of Randolph to purchase the said bridge at the 
end of five years, is hereby repealed. 

Sec. 2. Nothing contained in the act aforesaid shall be 
so construed as to prohibit the said company from receiv- 
ing donation,or in payment of stock subscribed, orany town 
lot or lot of land which any person may be disposed to 



BRIDGES. 

grant or convey, to aid the said company in erecting and 
keeping in repair their said bridge. 
Approved, 20th July, 1837. 



I force 20th AN ACT to authorize John Green'and William Stadden, to build a Toll Bridge 
July, 1837. BC10SS Fox River - y .- 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That John Green and 
Green &Stad- William Stadden, their heirs arid assigns, be and they are. 
den, authorized hereby authorized to build a toll bridge across Fox River; 
to build a toll | n township number thirty four, north of range num- 
bndge. j^ f our eas t, on section number twenty-nine at the 

town of Dayton, in La Salle county, State of Illinois. 
Commence Sec 2. The said John Green and William Stadden, their 

building within heirs or assigns shall commence the building of said bridge 
two years and w j tnm twoyears,and completesaid bridge within five years 
rnn^yelrs. 6 from and after the passage of this act; said bridge shall be 
built in a good and workmanlike manner, so as to give a 
How built. S afe and easy passage to all persons and their property wish- 
ing to cross said bridge. 

Sec 3. After said bridge shall be completed, the said 

° gatC ' John Green and William Stadden, their heirs or assigns, 

are hereby authorized to place a toll gate on either end of 

Tolls. said bridge or elsewhere, where they may ask and receive 

County com- of all and every person passing said bridge sucn toll as the 

missioners fix COLin ty commissioners' court shall fix from time to time. 
rates of toll ^^ ^ Jf ^ brJdge sha ,j be Qut of repaif for mQre 

charter y w be than six months at any one time, said charter shall be for- 

forfeued. feited ; Provided, That destruction of said bridge by fire, high 

Proviso. water, other casualty shall not work a forfeiture of the 

privileges hereby granted, but said Green and Stadden, 

their heirs or assigns, shall proceed immediately to repair 

the same ,• 

If persons shall Sec. 5. If any person or persons shall wilfully do or 

injure,shail for- cause to be done any injury to said bridge, the person or 

feit * persons so offending shall forfeit and pay to the said Green 

and Stadden, their heirs or assigns, double the amount of 

such injury or damages, to be recovered before any court 

having jurisdiction of the same. 

May purchase Sec. 6. The said Green and Stadden, their heirs or as- 

»Ddhoidestate. s jg ns? s hall be entitled to purchase, hold and convey, so 

much real estate as may be necessary to construct the afore* 

said bridge, and erect a toll house or whatever many be 

necessary for the use and purposes of said bridge. 

Sec. 7. This act to be in force from and after its 
passage. 

Approved, 20th July, 1837. 



CANAL LANDS. 9 

AN ACT for the relief of James H. VVeisner. In force 2l9t 

July, 1837. 
Whereas, James H. Weisner purchased of the school 
commissioners of Greene county, on the 7th day of February 
A. D., 1S34, the east half of the southeast quarter of section 
sixteen, in township number ten north, of range ten west, 
of, the thirJ principal meridian, and received a patent for 
the said tract of land on the 26th day of May, 1834, as 
appears of record in the office of the Auditor of Public 
Accounts; And whereas, the said Weisner has lost said 
patent, and has no legal evidence of title if the same should 

.-/be disputed; Therefore: — 

jpi Sec 1. Be it enacted by the people of the State of Illinois, 

p. represented in the General Assembly, That the Auditor of Dut y °f AudK 
Public Accounts be, and he is hereby authorized and re- tor " 
quired to issue to said James H. Weisner, a new patent 
to the said tract of land, viz: to the east half of the south 

Pv- east quarter of section sixteen, in township number ten 
north, of range number ten west, of the third principal 
meridian; which new patent, when issued as aforesaid,, 
shall be deemed and taken to be of the same force and 
validity in law as evidence of title, as the first patent 
would have been if it were in existence." 

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

Approved, 21st July, 1837. 



AN ACT for the relief of Purchasers of Canal Lands and Lots. Itb force 21st 

July, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That so much of the 
act entitled "An act for the construction of the Illinois 
and Michigan canal," approved on the ninth of January, 
one thousand eight hundred and thirty-six, as declares 
lands and lots sold, to be forfeited to the state in default of 
the purchasers, making payments as required by said act, Act repealed 
is hereby repealed in respect to purchasers who comply p^lchasers^on 
with the following conditions, viz: That they will on the conditions, 
first day of October next, pay all the interest then due up- 
on said debts, according to the terms of sale; and on the 
first day of October, 1838, and first day of October, 1839, 
pay the interest and ten per cent, of the principal, which Time of pay- 
may be due; and on the first day of October, in each and mem. 
every year thereafter, pay the interest and twenty per 
cent, upon the principal in advance, until the whole sum 

B 



10 CANAL LANDS. 

due shall be paid. And payments made at the times and 
in the manner herein provided, shall be accepted by the 
canal commissioners, as a compliance on the part of the 
purchasers with the conditions of sale, as prescribed by 
the above recited act, but nothing herein contained shall 
be construed to impair or in any wise affect the lien of the 
state upon the property sold for the payment of the pur- 
chase money or any part thereof, or any interest due or 
which may become due upon the same. And it is hereby 
declared that a failure on the part of any purchaser to 
Failure to comply with the conditions herein contained, shall work 
ivork. forfeiture, a forfeiture of the lot or land purchased, together with all 
previous payments; and the provisions of the thirty fifth 
section of the above recited act, shall be deemed and con- 
sidered applicable to such lot or land, and purchaser, and 
shall be enforced by the canal commissioners. 

Sec. 2. The canal commissioners are authorized and 

What bills to required to receive in payment for canal lots and lands 

be received by sold, the bills and notes of the State Bank of Illinois, and 

canal commis- Bank of Illinois, and bills and notes of any other banks 

itoent'ofdebts" which the bank in which the canal funds are or may be 

deposited, will receive and credit as cash to the canal fund. 

Sec 3. The contractors upon the canal, with whom 

iots entiUedw contracts were made previous to the year one thousand 

monthly pay- eight hundred and thirty seven, shall be entitled to month- 

nients. ]y payments, upon the terms and in the manner provided 

for making payments upon contracts made subsequent to 

the first day of January, one thousand eight hundred and 

thirty seven. 

Sec 4. That all relief extended to purchasers of canal 
property under the provisions of this act, is to be claimed 
under the express understanding and condition, that the 
Right of legis- legislature reserves the right to amend, modify, or repeal 
lature. thj s ac t a ^ an y t\ me after the first Monday in December, 

eighteen hundred and thirty eight; and said right to amend, 
modify, or repeal the same, after the time aforesaid, is here- 
by reserved. 

Approved, 21st July, 1837. 



• f j , AN ACT to provide for the Sale of certain Canal Lands, and for other purposes. 

21st, 1837. . 

Sec. 1. Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That if the commis- 
sioners of the Illinois and Michigan Canal, shall be of 
opinion that a sale of parts of the canal lands, during the 



CANAL LANDS. ^ 

next year, will advance the interests of the state, by afford- 
ing facilities to contractors in procuring supplies and pla- 
ces for boarding for hands employed upon the canal, or 

otherwise, they are authorized to select lots or tracts of p 

i j i. i . ■ .1 ».. . i ■ 11 '. * rower given to 

land at convenient points along the fine, and sell the same canal commis- 

fcfbr the purpose aforesaid, and subdivide the said lots or sioners t0 sel * 
tracts into lots of not less than forty nor more than pighty lands ' 
acres, the division to be made to correspond with similar 
divisions of lands sold by the United States; and the selec- 
tion to be made, so that no lot shall lie within less than one 
half mile of the line of the canal, and the quantity not to ex- 
ceed in value four hundred thousand dollars; and the lands 
so selected shall be valued, advertised, and sold in the 
manner required for selling lots in Chicago and Ottawa, but 
the valuation shall not be made until within twenty days 
of the sale, and shall be made as well with reference to the 
terms of sale as all other considerations affecting the mar- 
ket value thereof. The pla»e of sale shall be fixed by the 
commissioners. The terms of sale shall be, one-tenth of 
the purchase money to be paid at the time of sale, and the 
balance payable in ten equal annual instalments, bearing 
an interest of six per cent, per annum from the date of 
sale, payable annually in advance, subject to thesamccon- 
ditions and provisions prescribed in reference to the sale 
of lots in Chicago and Ottawa. 

Sec 2. No two quarter sections of land shall be sold No two sections r 
under the provisions of this act, which shall adjoin each t0 ^ e soltl t0 " 
other. 

Sec 3 The terms of the sales authorized to be made by Terms of sale, 
the act which was approved on the second day of March, 
in the year one thousand eight hundred and thirty seven, 
shall be the same as those prescribed in this act; and the 
sales under that act shall be limited to the actual wants of 
the canal funds. 

Sec 4. In negotiating loans which have been or may 
be authoiized for the construction of the canal, the gover- 
nor, shall, if practicable, contract to receive the money 
borrowed, in sums of one hundred thousand dollars, or less, 
at such times as the same may be wanting for use upon the 
canal. ■ 

Sec 5. In the construction of the navigable feeder and jf avi ^ able fec . 
lateral canal at Ottawa, the canal commissioners may so der 
alter the plan heretofore prescribed, as to connect the 
said feeder or lateral canal with Fox river, instead of the 
Illinois river, or make any other change which in their 
judgment may be best calculated to enhance the value of 
state property, and the usefulness of the canal. 

Sec 6. The canal commissioners are authorized to Resurvey t0 be 
make a resurvey of those parts or additions to the town of made. 



12 CANAL LANDS. 

Ottawa, wherein lots are authorized to be sold, and change 
the lines of the lots and streets, so as to make those lines 
correspond with the lines of that part of the town wherein 
the lots have heretofore been sold; or they may make the 
said lines in such manner as they may deem best for jthe 
interest of the State. 

Sec 7. The canal commissioners are authorized to eh- 
Bason may be large the natural bason at the confluence of the north and 
enlarged. south branches of the Chicago river, so as to render the 
same as useful and convenient as possible; and block num- 
ber seven, of the canal lots in the city of Chicago, shall be 
reserved from sale for the purpose of exchanging the same 
for block number fourteen, which will be required to be 
removed in the enlargement of the said bason; and the 
said commissioners are hereby required to cause the afore- 
Block Number said block number fourteen to be appropriated for the 
fourteen to be purpose aforesaid, and to proceed to obtain the title to 
appropriated. ^ game? m j- ne ma nner provided by law for obtaining 
lands or materials for the use of the canal. 

Sec 8. When the board of appraisement shall appraise 
the said block fourteen, they shall also appraise the afore- 

T°raiL 4 d Whensaid block seven ' and if the owners of block fourteen will 
take in exchange for the same, block number seven, at the 
appraisement thereof, the canal commissioners are author- 
ized to make the exchange, taking from the said owner 
a sufficient conveyance for said block to the state, and 
giving to such owner a certficate of purchase for block 
seven, stating therein the facts of the transaction; and if 
block seven shall be appraised to more than block four- 
teen, the said owner shall be required to pay the differ- 
ence in a reasonable time, to be fixed by the canal com- 
missioners; and upon such payment being made, the said 
owner shall be entitled to a patent for the same; but if 
said block shall be valued to less than block fourteen, or 
the same sum, he shall be entitled to a patent, upon execu- 
ting the conveyance aforesaid. If the difference in value 
shall be in favor of the said owner, the canal commissioners 
shall pay the same out of the canal fund; but if no such 
agreement is made, as herein contemplated, the aforesaid 
block fourteen shall, nevertheless, be obtained and appro- 
priated, as herein provided, and block number seven shall 
be subject to sale as other lots in Chicago now are. 

Sec 9. The treasurer of the board of canal commissioners 
shall not hereafter be required to perform any other duties 
then those pertaining to the office of treasurer alone, nor 

Duty of treasu- shall he hereafter be considered as one of the board of canal 
commissioners. The said board shall hereafter be com-* 
posed of the president and acting commissioner, who shall 
perform all the duties required of the canal commissioners, 



• CONVEYANCES. 13 

except such as relate to the duties of treasurer; neverthe- 
less, it is hereby declared and enacted, that whenever the 
board as organized by this section, shall disagree in opin- 
ion upon any question, matter or thing, in relation to the 
canal, the powers or duties of the board, or of any agent 
or any other matter whatever, touching their duties as ca- 
nal commissioners, the treasurer is hereby constituted and 
appointed the umpire to give the casting vote upon every 
such difference, and in giving such vote, he shall be consid- 
ered as bound for the consequences thereof, as a canal 
commissioner; and the board of commissioners shall act 
upon all decisions made by the umpire as aforesaid, as 
though the three making the decision were all canal com- 
missioners. 

Sec. 10. In the event that the funds provided by exist- 
ing laws, shall prove insufficient to meet the expenditures 
upon the canal for the years 1837 and 1838, the Governor Governor au- 
is authorized to negotiate a loan upon the faith and Credit thorize d t0 ne- 
of the state, not exceeding in amount three hundred thou- goiae ° an ' 
sand dollars, to meet any deficit which may occur; said 
loan shall be negotiated in the manner and upon the terms, 
and the state assumes- the responsibilities, as provided for 
in relation to the loan authorized by the "act entitled an 
act for the construction of the Illinois and Michigan canal," 
approved on the 9th of January, 1836; Provided, That 
said loan shall not be made until the whole of the means 
available under existing laws, shall have been exhausted* 

Approved, 2lst July, 1837. 



- AN ACT concerning the Recording of Conveyances. J n f orce 21 6 < 

July, 1837. 
Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the recording of 
any deed, grant, bargain, sale, lease, release, mortgage, de- 
feasance, conveyance, bond, contract or agreement of and 
concerning any lands, tenements, or hereditaments, or 
whereby the same may be effected inlaw or equity, wheth* 
er executed within or without the state, by the recorder of 
the county in which the lands, tenements or hereditaments, 
intended to be effected and situated, shall be deemed and 
taken to be notice to subsequent purchasers, and creditors 
from the date of such recording, whether the said writing 
shall have been acknowledged or proven in conformity 
with the laws of the State or not; provided, \Tha.t no such ProTiso. 
writing not acknowledged oi proven in conformity with 



U COUNTIES. 

the laws of the state, to entitle the same to be recorded, 
shall be admitted as evidence in any court, unless execu- 
tion thereof be proven in the manner required by the rules 
of evidence applicable to such writings; and the provisions 
of this act shall apply as well to writings heretofore, ,as 
those hereafter admitted to record. 
Approved, 2 1st July* 1837. - 



In force 21st AN ACT concei ' nin g Conveyances. 

July, 1837. 

Sec. 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That every estate in 
lands which shall hereafter be granted, conveyed or di- 
vised to one, although other words heretofore necessary 
to transfer an estate of inheritance be not added, shall be 
deemed a fee simple estate of inheritance if aless estate be 
not limited by express words, or do not appear to have been 
granted, conveyed, or devised by construction or operation 
of law. 

Sec. 2. When an estate hath been, or shall be, by any 

Where estate conveyance limited in remainder to the son or daughter or 

is limited. to the use of the son or daughter of any person to be be- 
gotten, such son or daughter, born after the decease of his 
or her father, shall take the estate in same manner as if he 
or she had been born in lifetime of the father, although no 
estate shall have been conveyed to support the contingent 
remainder after his death. 
Approved, July 21, 1837. 



J"/" 1837^ AN ACT t0 relocate the count y scat of Calhoun County. 

Sec 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That at an^ regular or 
special term of the county commissioners court of the coun- 
ty of Calhoun, which may be held within nine months from 
Petition ^ e P assa ge of this act, at which a petition signed by one 

hundred legal votes of said county shall be presented, pray- 
ing that an election may be held in said county for the pur- 
Seat of justice, poseofremovingand relocating the seat of justice thereof, it 
Duty of county shall be the duty of the county commissioners court to or- 
commissioners d er an election to be held in accordance to the wishes of 
the said petitioners, within thirty days after the expiration 



COURTS. I5 

of the term of the court to which such petition may have 
been presented. 

Said election shall be held at the same places, and be con- F] . 
ducted as near as may be in the same manner a? the gen- held? " 
eral elections are. 

Sec 2. The judges' and clerks of said election shall If n0 lace is 
make a column in their books at the several precincts, at elected another 
the head of which shall be written the name of the place electiousha11 
voted -for by the several voters, and the place receivingthe beheld ' 
highest number of votes, provided that number shall be a 
majority of the whole number given, shall be and remain 
the seat of justice for said county from that time forward, 
or soon thereafter as suitable buildings can be prepared 
but if no one place voted for shall have received a majority 
of the votes polled, then and in that case it shall be the 
duty ofthe clerk of the county court of said county to give 
notice in the several precincts that no one ofthe places 
voted fordid receive a majority of the votes, and that anoth- 
er election will be held four weeks from the day on which 
the first election was held; in which notices the said clerk 
shall state the number of votes given at the former election 
for the several places, and at the time of holding the second 
election the voters shall vote for one or the other of the 
two places which received the highest number of votes at 
the first election; and the place receiving the highest num- 
ber of votes at the second election shall be the county 
seat. 

Sec 3. The act entitled "an act to relocate the countv 
seatof Calhoun county," approved the fourth day of March, Act r8 P ealed « 
1837, be, and the same is hereby repealed. 

And all lands and building lots conveyed by the pro- 
prietors ofthe town of Guilford to the county commission- 
ers, for the use ofthe said county, agreeably to the requisitions 
of said act, shall be reconveyed to the proprietors of said A]1 lands and 
town within two months from the passage of this act, other- ^yJJ within? 
wise this act shall be null and void. months. 

Apero*ved, 21st July, 1837. 



AN ACT in relation to the Municipal Court of Chicago, and for other T , «• 
ptoses. $£*«• 

Sec 1. Be it enacted by the people ofthe State of Illinois, 
represented in the General Assembly, That the judge of 
the municipal court of the city of Chicago shall possess 
all and singular the powers, and he is hereby required to 



JO EDUCATION. 

perform all the judicial duties appertaining to the office 
of judge of the circuit courts of this state, and to issue 
all such writs and process as is or may hereafter, by 
statutory provisions, be made issuable from the circuit 
courts of this stale. 

Approved 21st July, 1837. 



In force 21st AN ACT to increase the Compensation of County Commissioners. 

July, 1837 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, Thai there shall hereafter 
Commissioners ^ e a ll 0W ed to each county commissioner, in full for his ser- 
ver day former- v ^ ces f° r each day's attendance in holding courts, the sum of 
vices two dollars and fifty cents, to be paid on the certificate of 

the clerk, out of any moneys in the treasury of the coun- 
ty, not otherwise appropriated; so much of the act regu- 
lating the salaries, fees, and compensation of the several 
officers therein mentioned, approved February 19th, 1827, 
as, fixes the compensation of county commissioners at one 
dollar and fifty cents per day, is hereby repealed. 
Approved 21st July, 1837. 



In force 21st A^ ACT to encourage Education in Township five South, Rangj six East, 
July, 1837 °f fluid principal Meridian. 

Sec 1. Be it enacted by the jnople of the State of Illinois, 
represented in the Gejieral Assembly, That the inhabitants of 
township five south, range six east, of the third principal 
meridian, upon being incorporated as required by law for 
school purposes, be and they are hereby authorized to use 
the sum of two hundred dollars, of the interest arising from 
said township fund, to the erection of a frame or brick 
school house in the town of McLeansboro' in said town- 
ship. 
Puty of trustees Sec. 2. That it shall be the further duty of the trus- 
of township tees Q f said township to cause to [be] kept in said school 
house, a school at least three months in each calender year, 
for at least five succeeding years. 

kl'frmonths 1 Sec * 3 * 1( . a sch ° o1 should not be ke P t in said sch ° o1 
inSie yeai " ' S house, as provided for in the second section of this act, then 

the incorporation of said township shall be bound to pay 



'#. 



J 



INCORPORATIONS. If 

back to the township fund the amount of money used by 
them under the provisions of the first section of this act. 

Sec 4. It shall be the duty of the judges and clerks of 
the election to be held in the township for or against the 
township's being incorporated under the provisions of the 
fourth section of the act to amend the several acts in re- 
lation to common schools, to open polls for and against the 
reception of the provisions of this act, and the same ma- 
jority shall be required in favor of the reception of the 
provisions of this act, as is required for the township to 
be incorporated; and if said majority shall not be obtain- 
ed this act shall be void. 

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

Approved 21st July, 1837. 



AN ACT to incorporate the city of Alton. Io force 21st 

July, 1837 

Sec. 1. Beit enacted by the people of the State of Illinois, 

represented in the General Assembly. That the inhabitants c . . t 
'.,. ... , ,.,, . ,. «v, , , . Boundaries ot 

residing within the following limits and boundaries; to city 

wit: Beginning at the northeast corner of section twelve, 
in township five north, in range ten, west of the third prin- 
cipal meridian, in the county of Madison and State of Il- 
linois, and running thence west on the rorth boundary 
lines of sections 12, 11, and 10, to the middle of the Mis- 
sissippi River, thence due south to the main channel of the 
said river, thence down the main channel of the said 
river to a point due south of the southeast corner of 
fractional section thirteen, in- township No. five north} 
thence due north to the southeast corner of the 
aforesaid fractional section 13, and thence north on the 
east boundary lines of the .".foresaid fractional section 13 
and section 12, to the place of beginning, shall be incor- 
porated and known as a corporation, by the name of the 
"City of Alton;" and the said corporation, by their name Corporate 
aforesaid, shall have perpetual sucressson; may sue and be xThave suc- 
sued, complain and defend in any and all places and courts cession 
whatsoever; may have and use a common seal, and alter Further powers 
it at pleasure; may take and hold real and personal estate 
by gift, grant, purchase, or otherwise, as the purposes of May borrow 
the city may require; may borrow money, and pledge the monay 

■ 9 m .i. r mi .' i • • Io issue scrip 

revenue and faith of the corporation, and issue scrip or ov . bonds * 
bonds for the payment of the same. 

Sec 2. The territory contained within the boundaries Sfcjjjjjf 
of the said "City of Alton," shall be divided into four ^^ ° 

C 



18 



INCORPORATIONS. 



Boundary of 
First ward 



Second ward 



Third ward 



Fourth ward 



wards as follows, to wit: All of that part of the said city* 
which lies west of the line run in the same direction with 
Market street, to the north boundary of the corporation, 
shall constitute and form the first ward; all that part of 
the said city which lies east of the first ward, and west 
of Langdon street, as now platted, .and west of a line run 
in the same direction with the said Langdon street, to the 
north boundary of the said corporation, shall constitute 
the second ward; all that part of the said city which lies 
east of the second ward, and south of the half section line 
running east and west through section twelve, shall con- 
stitute the third ward; and all that part of the said city 
which lies east of the second ward, and north of the third 
ward, shall constitute the fourth ward. The mayor and 
aldermen of said city shall have power, from time to time, 
dermen^may " to cause a correct division of the said city to be made 
divide city into into as many wards as they may deem necessary and 
wards what f or tne g OOC j f tne inhabitants of said city: Provided 
sary 1 however, That no division of the said city shall be legal 

unless it be made at least three months preceding the 
Each ward city election next ensuing. Each ward shall have three 
^ hallhavetln ' ee Representatives or aldermen, who shall be elected from 
the residents of such ward as they may respectively in- 
habit. 
Mayor and Ai- Sec. 3. For the municipal government of the said city 
dermen elected th C r e shall be elected annually, one mayor, twelve alder- 
Other 1 officers mcn ? one register, one treasurer, one collector, three 
Ail to be cit- assessors, one street commissioner, and one constable, 
izensof the U- vvno s hall, at the time of their election, be citizens of the 
Age a United States, twenty-one years of age, and shall have 

Six months res resided in the said city at least six months, next preceding 
Kience required tne fay of their election. 

Sec* 4* There shall be an election held in the said 
city, under this act, at such time or place as the president 
and board of trustees of the town of Alton may designate 
and appoint, for the election of the several officers named 
in the third section of this act, who shall, within ten days 
after their election, qualify and enter upon the duties "of 
their respective offices. And after the first election, held 
as aforesaid, an election shall be held annually in each of 
the wards of said city, for the said oflicers, in such manner, 
and under such regulations and rules as the mayor and 
aldermen of said city may by ordinance prescribe; at 
which election the polls shall be kept open one day, from 
Vacancy, how ei g ht o'clock, A. M., until seven o'clock, P. M. And any 
fitted vacancy in the aforesaid offices which may happen be- 

tween the annual elections, shall be filled by an order from 
the mayor, directed to the inspectors of election, to hold a 
special election to fill such vacancy y who shall give at 



Election of of- 
ficers 



Shall qualify 
and enter on 
duties 

Annual elec- 
tion 



> 



INCORPORATIONS. 19 

least six days notice in some newspaper in said city, or Notice of Spa- 
in hand bills, put up at least two in each ward, in the most ciaI election 
public places in said city, of all special and annual elec- 
tions to iill the aforesaid offices. 

Sec 5. All elections of said city shall be by ballot, Elections to be 
until otherwise ordered by the mayor and aldermen. b y ballot 
And all persons qualified to vote for members of the Gene- 
ral Assembly of this state, for the time being, who shall have 
resided sixty days next preceding such election, within 
the corporate boundaries of said city, shall be entitled to }J ho ^equal- 
vote for any of the officers named in the third section of v ° ters 
this act. If any person offering to vote shall be required by 
any qualified voter to make oath of his qualifications to 
vote, the inspectors of such election shall require him to 
swear as follows, to wit: 

"You do swear that you have resided in the State of U- ° ath *° be ta- 
linois six months next preceding this election; that you k T by vote . r ' 

, .. ~ r . .. °. , ' , , •'. when required 

are twenty one years of age; that you have resided in the or challenged 
city of Alton sixty days nexj preceding this election; and 
that you have not voted at this election.'" 

Any person in making the said oath, who shall swear Penalty forper- 
falsely, shall be subject to all the penalties for perjury un- Jury 
dcr the laws of this State. 

Sec. 6. The three persons in each ward who shall re- Officers elected 
ccive the highest number of votes for Aldermen in their 
respective wards, shall be declared duly elected; and the 
persons who shall receive the highest number of all the 
votes given in the said city, for mayor, register, treasurer, 
collector, street commissioner, assessors, and constable, 
shall, in like manner, be declared duly elected, who shall Term of office 
hold their offices for one year, and until their successors 
shall be elected and qualified. And the said officers, so 
elected, shall, within twenty days from the day of their ShaJi eater oh 
election, qualify and enter upon the duties of their said duties in twenty 
offices; and any "officer neglecting or refusing, within the a}S 
said twenty days, to qualify and enter upon the duties of In case of reft:- 

1 ■ /» • 63.1 OIIICG 066111 

his office, the office of the person so neglecting or refusing ed ' vacant 
shall be deemed vacant, and another election ordered to 
fill such vacancy. Every person elected to fill any of the , 
above offices shall, before he enters on the duties of the JJEJST l ° 
same, take and subscribe an oath, before any person au- 
thorized to administer oaths in this State — That he will 
support the Constitution of the United States, and of this 
State; and that he will, in all things, faithfully, and to the 
best of his ability, discharge the duties of his office; 0a th to be filed 
which oath shall be filed with the register of the city. 

Sec. 7. The mayor of said city shall have all the ordi- Duty of Mayoi 
nances passed by the common council faithfully execu- 
ted; and to aid him in the discharge of his duty, he is 



< 



20 



INCORPORATIONS. 



hereby authorized to call on every male inhabitant of said 
In case of riot, city over the age of eighteen years, and in cases of riot, to 
to call out mi- ca u out t [ ie m iHtia to aid him in carrying the same into ei- 
lhia feet; and any person who shall not obey the call of the 

Fine for diso- mayor or his agent, shall forfeit to the corporation a fine 
bedience not exceeding live dollars. The mayor shall have power 

to call special meetings of the aldermen, when in his 

Sp6Ci of Alder" °P inion thc P llblic S°° d m ^ re( l L,ire iL He shall . have 

power whenever he may deem it necessary, to require of 
any of the officers of said city, an exhibit of his books and 
papers; and he shall, from t me to time, make such commu- 
nications to the board of aldermen as he may consider ne- 



jngs 
men 



essary and proper; and in general he shall have power.to 
o all other acts and things that may be required of him, 
Mayor to be by any ordinance made in pursuance of this act. He 
ex justice of the slia ]| be? e x-officio, a justice of the peace in the said city; 
To C adminl B ter and as such he shall have power to administer oaths, issue 



oaths 



J urisdSction 
Fees 



Common coun 
cil. 



writs and process, under the seal of said city; and he or 
any justice of the peace may try and determine all causes 
of action arising under this act or any of the ordinances 
of the city, for fines, penalties or otherwise. He shall have 
concurrent jurisdiction with justices of the peace, in all 
civil and criminal cases within the limits of the corpora- 
tion, and shall receive the same fees and compensation for 
his services. He shail have power to take the acknow- 
ledgement of deeds, mortgages, and all other instruments, 
and certify the same under the seal of the city, all of 
which shall be valid in law. 

Sec. 8. The mayor and aldermen shall constitute the 
common council of said city. The common council shall 
meet at such times and places as they shall from time to 
time direct, or whenever they shall be required to do so 
by the mayor. The mayor when present, shall preside 
dde^an^ha've* at a11 meetings of the common council, and shall only have 
casting vote a casting vote in case the aldermen shall be equally di- 
vided. In his absence, any one of the aldermen may be 
chosen to preside, and seven twelfths (7-12) of the alder- 
men shall be a quorum to do business, but a less number 
may adjourn from time to time, and may compel the. at- 
tendance of members in such manner as the common coun- 
cil may provide; and the mayor and aldermen shall be 
the judges of the qualifications, elections, and returns of 
their own members, and other officers of said cicy; shall 
have power to appoint such officers and agents, and pre- 
scribe their duties; and may require bonds with such pen- 
alties as may be deemed proper from the treasurer, re- 
gister, and such other officers and agents as to the com- 
mon council may seem proper; and in general, to fix, regu- 
late or alter, the salaries, fees and compensation, of any 



Quorum 



Power to ap- 
point officers 
and agents 



y 



INCORPORATIONS. 



21 



such officers or agents, and to make such by-laws, rules To make by- 
and regulations for their own government, and for the laws 
public good, as to them may seem meet and proper. 

Sec. 9. The common council of said city shall have To ,evcv aurl 
power, by ordinance, to levy and collect taxes upon real ColIect ta * 
and personal property within the limits of said city, not 
exceeding one-half of one per centum, upon the assessed 
value thereof, in lieu of the county tax; to make regulations 
to promote and secure the general health of said city ; to IIeal ' h of city 
prevent and remove nuisances; to establish night watches; Night watches 
erect lamps in the streets, and lighting the same; to improve Improvement 
and preserve the navigation of the Mississippi river within f nd p r e .f ev ™~ 
tnc corporate limits ot said city; to erect and repair and sissippi river, 
regulate public wharves and docks; to regulate the rates Wharves and 
of wharfage; to provide for licensing, regulating and tax- May* license 
ing merchants, taverns,* auctioneers, grocers, retailers, 
and venders of spirituous liquors and wines, theatrical and 
other shows and performances; to restrain and prohibit 
gaming [and] gaming houses; to establish and repair brid- Bridge* 
ges; to establish and regulate markets; to open, widen and Market* 

keep in repair, streets, avenues, lanes, alleys, drains and _ 

i*i *u l * j r *i Streets, &e» 

sewers, and to keep the simc clear; to provide tor the pre- 
vention and extinguishment of fires; to regulate the stor- F « ies 
age of gunpowder and other combustible materials; to Gunpowder- 
erect pumps and keep them in repair; to regulate the po- om usti e * 
lice of the town, and in general to provide such ordinan- 
ces as to carry into effect the objects of this act, the pow- 
ers hereby granted, and as the good of said city may re- 
quire. The common council shall provide for, and take '^^ f ° w 
care of all paupers within the limits of said city; and to 
accomplish this object, they shall have the exclusive right, 5^° ,Ta 
power and authority to license and tax all ferries, taverns, 
merchants, auctioneers, pedlers, grocers, venders of spir- 
ituous liquors and wines, other public houses of entertain- 
ment, theatrical and other shows and performances, with- 
in the limits of said city; shall regulate and establish in- 
spectors of beef, pork, wood, coal, lumber, lard, flour, and beefrjTpork 
all other articles which they may deem proper for the pub- 
lic good, and appoint the inspectors, and regulate and es- 
tablish their fees; to provide for the safe keeping of a Weightsand 
standard of weights and measures, as fixed by the United measures 
.States or this state, and for the regulating thereby all the 
weights and measures in the said city; to regulate party Walls & fence* 
walls and fences in the said city; to regulate, license and 
tax pawnbrokers, exchange brokers, and forwarding mer- Brokers; 
chants; to establish, appoint and regulate gaugers, meas- Caigers,&c.' 
urers,and weigh masters, and prescribe their fees; to reg- Coacheq & 
ulate, license and tax hackney coaches, and all other car- wag gons! &c 
riages and vehicles kept for hire, also drays, waggons, 



23 INCORPORATIONS. 

carts, porters and watermen within the limits of said city, 
Wooden build- and to direct, in future, in what part of the city buildings 
ings of wood shall not be erected. 

Sec. 10. That the common council of the city of Alton 
Shall keep all s h a ]j hereafter be required to keep all public roads and - 
EfrEJfS Midges in good order and repair, within the city of Alton, 
pair. and for that purpose the common council shall have the 

exclusive right to call on every male person in said city, 
over the age of twenty one'years, and under the age of 
Three days la- hfty years, being residents of said city, to perform three 
S of maiS oii days labor on said roads and bridges annually, or to pay 
public roads, or into the city treasury the sum of one dollar for each and 
pay l dollar for evcr y j av t h e sa jd residents shall refuse to labor as afore- 
each day said; and in case of non-payment or refusal to labor, the 
,. . city council shall have power to sue for and collect the 

May be sued J .» . . , , .i 

same, in the manner as is now provided under the provis- 
ions of the general road law, and that after due perform- 
ance of the labor aforesaid, or payment of the penalty 
aforesaid, said residents shall be exempt from any other 
taxation under the power and authority of the county com- 
missioners of Madison county, by virtue of the provisions 
of the general road law of the state of Illinois. 

Sec 11. That upon the application of the owners of 

two-thirds of the front of the lots, en any street or part 

of a street in said city, k shall be lawful for the common 

Special tax to council to levy and collect a special tax on the owners of 

g vte 6 aiks PaVe tne ^ ots on saia " strcets * or parts of streets^ according to 
their respective fronts, for the purpose of grading and pa- 
ving the side walks on said streets. 

Sec. 12. The common council of said city, arc hereby em- 
powered and authorized to establish elementary or common 
Schools schools, wherein reading, writing, arithmetic, geography, 

grammar, and other useful branches of English education 
may be taught; and for this purpose, the common council 
May buy lots & are authorized and empowered to purchase lots, erect school 
build school houses or buildings, and suitably to furnish the same, in 
houses guc j 1 p arts f lh e city as may by them be deemed the most 

Proviso convenient and beneficial to the citizens thereof: Provided, 

That not more than one house shall be erected for every 
Number of in- se ven hundred and fifty inhabitants, and to procure suita- 
habitants ble teachers for the same; and said common council, or 
Schools to be P erson5 appointed by them, shall visit said schools quarter- 
visted ly» and report to the common council, at their annual 

meeting to be held for that purpose, the state of the mor- 
als, discipline, and progress in learning, in said schools; and 
the said common council are hereby empowered to assess 
upon the real estate of said city, the sum necessary to 
purchase lots and erect the buildings necessary for such 
purpose; and to assess a tax upon personal property, suffi- 



INCORPORATIONS. 3 *> 

cicnt to raise the necessary sum of money for the support 
of said schools, which assessment shall not exceed one 
quarter per cent, and constitute a fund exclusively for the 
support of common schools. The common council of said 
city are hereby empowered, by ordinance, to direct what- 
ever may be necessary to be done, for successfully carry- 
. tmg into operation the provisions of this section. 

Sec. 13. The common council of the said city are em- 
powered to regulate, grade, pave and improve the streets, ^ rcets ' alI ey», 
avenues, lanes, and alleys, within said city, and to extend, graded^ 6 
widen, and open the same, making the person or persons 
injured thereby, adequate compensation; to ascertain 
which, the common council shall cause to be summoned 
six good and lawful men, free holders and citizens of said 
city, not directly interested in the case, who being first 
duly sworn for that purpose, shall enquire into and take 
into consideration the benefits as well as the injury which 
may accrue, and estimate and assess the damages which 
would be sustained by reason of the opening, extending, 
and widening, of any street, lane or alley, which damages 
they shall then apportion and assess, upon any and all the 
real estate in said city, which they may believe will be 
benefitted by the opening, extending, or widening, any 
street, lane, or alley, in the said city; all of which they 
shall return to the common council of said city, under their 
hands and seals; and the assessment so made, shall be col- 
lected as other taxes on real estate, and paid over to the 
person or persons whose property has been taken for the 
purpose of opening, widening, or extending, any street, 
lane, or alloy, in the said city; and upon the payment of 
the same, the person or persons whose property has been 
so taken, shall deed to the public forever, all such property 
as shall betaken for the purpose of opening, widening, or 
extending, any street, lane, or alley, as aforesaid. 

Sec. 14. That any person or persons appointed to col- Taxes may be 
lect the tax on personal property, imposed by virtue of the JjJj^JStoT 
powers granted by this act, shall have power and authori- 
ty to collect the same by distress and sale of the goods and 
chatties of the person or persons chargeable therewith, 
but, no sale shall" be made unless twenty days previous no- Noticetobe 
tice shall be given in some newspaper published in said giveu> 
city, or by putting up written or printed notices at two or 
more public places in said city; ai.d when any tax on real 
estate within the city of Alton, is not paid according to 
the ordinances of the said city, the said real estate shall be 
sold for said tax, and shall be redeemable as rray be pro- 
vided by ordinance. 

Sec. lo. That all elective officers who shall be guilty 
of any palpable omission of official duty, or who shall wil- 



24 INCORPORATIONS. 

fully and corruptly be guilty of oppression, malconduct, 

• Officers liable or partiality in the discharge" Of his official duty, shall be 

to indictment. ii a ble to indictment before the municipal court of the city, 

Fine and on c onviGl 'C-n thereof he shall be fined in a sum not 

more than two hundred dollars, and the court shall have 

power, on the recommendation of the jury, to add to the 

,, k judgment of the court that said officer, so convicted, shall 

JVlay be vemov J © _, 

ed. be removed from office. 

All fines to be Sec « l6 « ai1 fines > penalties, and forfeitures imposed by 
received in the ordinances of the common council of the city of Alton^ 
name of city. or Dv this act, if not exceeding one hundred dollars, shall 
be recovered in the name of the city of Alton, before any 
justice of the peace residing in the said city; and if any 
such fine, penalty or forfeiture, shall exceed one hundred 
dollars, it shall be recovered in the name of the city of Alton, 
in any court having competent jurisdiction of the same, 
and where the amount of the fine penalty or forfeiture is 
not specifically defined by ordinance, or by this act, the 
Execution court trying the case shall say what the amount shall be, 
and execution shall issue forthwith, and be levied on the 
goods or chatties of the person or persons convicted to be 
found in the county of Madison; and^f no goods and chat- 
Ca. sa. may be ties be found upon which to levy, a ca. sa. may be issued 
issued. against the body of any offender of offenders, who shall be 

imprisoned in the city jail, forty-eight hours, for the first ten 
dollars of fine that may be issued against him, her, or them, 
and twenty-four hours for each additional ten dollars of fine 
as aforesaid. 
™JT™««,,i Sec - 17. The common council ofthe city of Alton shall 
by city authoii- have power to pass any ordinance for the government of 
ty— binding, the said city, not repugnant to the laws ofthe state; and 
all ordinances and acts passed by the common council afore- 
said shall be obligatory upon, and cognizable by the sever- 
al courts of this state, and justices of the peace, sheriffs* 
and constables, in the county of Madison, and all other 
persons within the limits of said city, to all intents and pur- 
poses, as the acts of the General Assembly of the State of 
Illinois. 
Taxesandfines Sec. 18. All taxes, fines, forfeitures, and moneys, aris- 
fcityteeaiury. ! n & from . an ^ source mentioned in this act, shall 'be paid 
into the city treasury, unless otherwise directed by this act 
or the ordinances ofthe city, to be expended for the benefit 
of the said city under the direction of the common 
council, 
if Upper Alton Sec. 19* Whenever a majority of the inhabitants of 
or any inhabit- Upper Alton, qualified to vote for Governor of this state, or 
"ranted wi* whenever the inhabitants of any quarter section, half sec- 
city of Alton, tion, or section of land, adjoining the present limits ofthe 
city of Alton, shall vote in favor of becoming a part of said 



INCORPORATIONS. 25 

city, any three of them may make affidavit before a justice 
of the peace, who shall certify the same to the common 
council of said city, said common council may by ordi- Ma . 
nance receive them as apart of said city; from thenceforth ed° y vec * w ~ 
the quarter section, half section, or section of land so re- 
ceived shall be a pari of the said city; and the inhabitants 
thereof shall be entitled to all the rights and privileges, 
and bound by all the acts and the ordinances made in con- 
formity thereto. 

Sec. 20. All ordinances passed by the common council Ordinances to 
of the city of Alton, shall be published in some newspaper Republished. 
within the city, or posted up in two of the most public 
places in said city, at least ten days before said ordinances 
shall take effect. 

Sec. 21. There shall be established in said city of A*.. P^rt establish- 
ton, a municipal court, which shall have concurrent or edinci,y - 
equal jurisdiction with the circuit court in Madison county, 
in all civil matters arising within said Madison county, and 
exclusive jurisdiction of all criminal matters arising 
within the corporate bounds ol said city, except such mat- 
ters as arecognisable.before justices of the peace; Provided, 
That the said court shall be held in said city in such 
place as may be provided by the common council thereof. 

Sec 22. Said court shall be held by one judge, who Court to be held 
shall be appointed by joint ballot of both branches of the by ^J'^^- 
General Assembly, and commissioned by the Governor, and , , . „ 

i ii i . , . J * ,. . rr. *'.. ... ,,. J unge shall re- 

slaall during his continuance in office, reside within thehm- side in city. 

its of said city, and shall receive a salary of one thousand Salary of judge 

dollars annually, payable quarter yearly by the common 

council of said city, which salary shall not be diminished but 

may be increased by said commo:i council; Provided, always Provided. 

That the said judge may and shall be removed from office forjudge may be 

the same causes and in the same manner that the con- iemoved - 

stitution of this stale provides for the removal of other 

judges. 

Sec 23. That the docket fees now authorized and re- Fees to be paid 
quired by law to be paid to the clerk of the circuit court, shall t0 clerk of mu- 
be paid in all suits arising in the said municipal court, to by'him ^"dty 
the clerk thereof, and shall by him be paid into the city treasury, 
treasury; out of which fees, together with the other revenues 
of said city, the salary of the judge and the other expenses 
of said court shall be paid. 

Sec 24. That the grand and petit jurors of said muni- Jurors, 
cipal court shall be selected from the qualified inhabitants 
of said city, by the common council thereof, in the same 
manner. as other jurors are selected by the county commis- 
sioners' courts of this state; which jurors shall possess the 
same qualifications, and [shall be] liable to the same punish- Duties and lia- 
ments and penalties, and have the benefits of [the] same ex- bilitie8 ° 

D 



26 . INCORPORATIONS. 

'...> 1 cuses and exemptions, as,apo imposed upon and allowed by '-: 

. -•- the laws of this state to othei'jurors; and they shall take 

the same oath, possess the same powers, and be governed 
" in all their proceedings asis prescribed in the cases of other 

P.ovjlo. jurors, by the laws of this state; Provided, That the inhabit- 

ants of said city shall not be required to act as grand or 
petit jurors in the circuit court of said Madison county. 
Jurors, how Sec 25. The said jurors shall be summoned by the 
summoned sheriff of Madison county in the same manner as other 
juries arc summoned by the sheriffs of this State* -swd. the 
said juries shall be empannelled by the officers of the -said 
municipal court, in the same manner as juries of circuit 
courts; and the judge of said municipal court shall have 
ail the powers concerning jurors as are given by the laws 
of this State to the judges of the circuit courts. 
Compensation Sec. 28. The juries of said municpal court shall receive 
of jurors ou t f the city treasury the same compensation for their 
services as is allowed to the juries of the circuits courts, to be 
„ . „ paid upon the certificate of the clerk of the said municipal 

Treasurer shall r f m , .. « f. 

file certificate court, winch certihcate the treasurer shall rile as his 
of clerk voucher. 

Sec. 27. The judge of said municipal court shall 
each'yeav C0Ult ^ ^ f° ur terms of said court in eachvyear, for the trans, 
action of civil and criminal business, and shall continue 
each term until the business before it shall be disposed of. 
Time of courts The said terms shall respectively commence on the first Mon- 
day of January, April, July, and October: Provided al- 
ways, The common council of said city shall have power 
Terms may be t0 j ncrease the number of terms of said court, or to alter 
the same by giving at least four weeks notice thereof in 
Proviso some newspaper printed in said city: Provided, also, That 

the common council shall so order and arrange the terms 
of the said courts, that said municpal court shall not be 
held during any sitting of the Madison circuit court. 
Judge to ap- Sec 28. That the clerk of said court shall be ap- 
point clerk pointed by the judge thereof, and enter into bonds as clerks 
of the circuit courts are now required to do, and shall 
Fees of cie-k receive the same emoluments as the clerk of the circuit 
court for similar services; which fee shall be collected 
in the same manner as provided by the laws of this 
State. 

Sec. 29. That the rules and proceedings, not herein 
otherwise provided for, shall conform as near as may be 
^ppeal« grant to the rules and proceedings of the circuit courts of this 
JiMUwirt" 1 ™ State > and appeals from the municipal court shall be ta- 
ken and conducted in the same manner as provided 
by the laws of this State for the taking of appeals or 
writs of error from the circuit court. All judgments 
rendered in said municipal court shall have the same lean 



INCORPORATIONS: 2 7 

;pn real and personal estate, and shall be enforced and 
collected in the same manner as judgments rendered in 
the circuit courts of this Slate ; and all appeals from * , , ' 

■j i t i i «.-''■•»*.* Appeals froiri 

judgments lendered by the mayor of said city, or any justice peaqe 
justice of the peace within the limits of said city, may be 
taken to the next circuit or municipal court, whose term 
shall first happen, at the option of [the] appellant. 

Sec. 30. The judge of said municipal court, together judge may 
witb&be i advice and consent of the com.r.on council, shall regulate fees 
hav&'power, from time to time, to establish, alter, and re- 
gulate the fees which shall be charged in all suits brought 
in and adjudicated by said court, and shall have power 
to order and direct the amount of fees and costs that 
shall be taxed against the successful or unsuccessful party 
in all such suits, which fees shall be taxed by the clerk of 
said court, and recovered and collected in the same manner 
as fees are recovered and collected in the circuit courts 
of this State; and that all docket or jurors' fees accruing 
or arising in said municipal court shall be paid into the 
city treasury; and that the grand and petit jurors shall 
be paid out of the city treasury the same compensa- 
tion as is now allowed to grand or petit jurors by the 
laws of the State: HfSttaed, The aforesaid section shall not 
be construed to allow said judge or common council to 
levy a higher fee upon any resident plaintiff or defendant 
who may reside within the limits of said city, than is now 
imposed by the laws of this State; and said section shall 
only apply to parties plaintiff, or plaintiffs who may sue in 
said court, and who shall not reside within said city of 
Alton. 

Sec 31. The common council shall have power to ap- Prosecuting at- 
point a prosecuting attorney for said municipal court, who torney 
shall conduct all suits brought by said city of Alton against 
natural or artificial persons, either before the mayor of 
said city, before any justice of the peace, or in the munici- 
pal court of said city, and who shall defend all cases in 
which the said city shall be made defendant, and who 
shall perform all the duties before said municipal court, as 
are or may be required of the several circuit attorneys, in 
their respective circuits in this state, and who shall be enti- 
tled to the same tees as said circuit attorneys are allowed 
for similar services in this state; and the said attorney ^X^ed sal- 
shall be allowed such annual salary as the common council ary 
shall order and direct. 

Sec. 32. The said municipal court shall be a court of Municipal 
record, and have a seal to be provided by the common JJJJJf C0Ultc 
council, and all writs and process of said court shall be May have a 
tested in the name of the judge of said court, and pal 
signed by the clerk, under the seal of said court, *p& momaot 



gg INCORPORATIONS, 

Judge and shall be directed in the same manner as other writs crna'* 

signed by clerk nating f r0m circuit courts of this state; and the sheriff or 

other officer, serving said writs and process, shall receive 

tP- r i. rrthe same fees as are allowed to sheriffs for similar services 

fees of shenff^ ^ ^^ q{ ^ ^^ And the sheriffo f Madison 

Deputiesin city county shall be required to appoint one or more deputies, 
who shall reside within the corporate limits ol said city. 
And the said sheriff of Madison county shall be required 

Srraigiveaddi- to „i re an additional bond, with the same penalty and 

tionaibond ^^ condil i ons as are required of sheriffs in the several 
counties of this state. 

fiegistei'sof- Sec. 33. There shall be established in said city, a re- 

fke.' gister's office with a common seal to be provided by the 

common council, in which all deeds, mortgages, and other 
instruments in writing, conveying, or relating to lands ly- 
ing in said city, shall be recorded; and it shall be the duty 

Duty ©f register of the register of said city to record all such deeds, mort- 
gages, and other instruments in writing aforesaid, in pro- 
per and well bound books, to be provided by the common 
council for that purpose; and all such deeds, mortgages, 
and other instruments in writing, so recorded in the regis- 
ter's office, shall have the same force and effect as if the 
same had been tiled, recorded in the recorder's office of 
Madison county; and the said register shall be entitled to 

J"ee« of register receive the same fees as are allowed to recorders of deeds 
in this state, and who shall perform all the duties within the 
said city, and be subject to the same liabilities as are re- 
quired of county recorders in this state. 

Sec. 31. The common council shall have power and 
authority to transcribe, into books suitable for that purpose, 
all deeds, mortgages, and other instruments in writing, re- 
rating to, or conveying lands, lying within the corporate li- 
mits of said city, noting at the end of each deed, mortgage, 
or other instrument in writing, the book and page in which 

r««««. M » sa id instrument is recorded in the recorder's office of said 
Common coun- - ■ - ■ 

eil to appoint county". And the sard common council snail have power to 
scribe who appoint, for the purpose of transcribing said instruments in 

shall have ac- *T . ' r r b 

cess to all re- wntin g? some proper person or persons, who shall have 
eords free access to the records of Madison county, for the pur- 

pose of transcribing such instruments in writing as afore- 
said, and who shall receive such compensation for such 
services as the common council shall agree upon, to be 
paid out of said city treasui'y. 
Office of regis- Sec. 35, The register of the said city shall keep his 
ter to'be in city office within the boundaries thereof, in a safe and conve- 
nient place, to be provided for that purpose by the common 
council; and from and after this act shall take effect, the 
said register's office shall be and remain, to all intents and 
purposes, the place in which to record deeds, mortgages, 



INCORPORATIONS. 29 

and title papers, and other instruments in writing, relating 
to lands within the limits of said city; and all copies of such 
deeds, mortgages, and other instruments in writing, from 
the records of said office, duly certified under the seal of 
said office, shall have the same force and effect as certi- 
fied copies made by other recorders. 

Sec. 36. That from and after the officers of said city A n f '" *! ection 

i iii,- i i i • i i-f- i undel ' 'his act 

are elecced at the first election under this act, and qualified all powers of 
for office according to the previous sections of this act, all tnmteei to be 
the powers of the trustees, and other officers of the town* 01 ' 
of Alton, shall be void; and the common council so elected 
and qualified, shall be deemed inlaw successors to the trus- 
tees to the town of Alton, to all intents and purposes; and 
all obligations and contracts entered into by the trustees- 
of Alton, shall be carried into full effect by the common 
council of said city of Alton. 

Sec 37\ That all copiesof the ordinancesorothcr pro- Copies of ordiu- 
ceedings of the common council of the city of Alton, certr- read a8 1^d en . 
fied by the clerk of said city, under the seal thereof, shall ce. 
be read in evidence in any court of this state. 

Sec 38. This act to be in force and effect frorr and af- 
ter its passage. 

Sec 39. Nothing in this act contained shall authorize Property of 
the corporation to levy, assess, or collect, any tax or impo-f taleexem P t 

. . r . •-■it* i j l fi ,rcm taxation. 

sition of any kind whatever, upon property owned by the 
state. 

Approved, 21st July, 1837. 



AN ACT taincorporate the Centrevilie Steam Mil) Company. I„ f orce 2J si 

July, 1837. 

Sec 1. Be it enacted by the people of the Stale of Illinois, 
represented in the General Assembly, That all such persons 
as shall hereafter become subscribers to the stock hereinaf- 
ter described, shall be.and they are hereby constituted and 
declared a body corporate and politic, by the name and Body corporate 
styleof the Centrevilie Steam Mill Company,from and after and P ol ' tic . 
the passage of this act, and by that name they and their 
successors shall have succession, and shall in law be capa- ^^ 
ble of sueing and being sued, plead and being impleaded in 
all courts and places whatsoever, may have a common seal> 
and alter the same at pleasure; and they and their succes- 
sors may also by that name and style be capable in law of 
purchasing, holding and conveying away real and personal ^ ^ 

estate for the uses and purposes of said incorporation; selle . tate 
which real estate shall not exceed one hundred and sixty 



30 INCORPORATIONS. .. . 

acres of land, whereon .toercqtthe necessary enclosures 
for carrying on the business of the' company. 
Further powers Se(% .j The gaid compan y; hereby incorporated shall 

have power to erect a steam mill.ln the county of Fulton, 
and are hereby authorized to carry on the manufacturing • 
of the various kinds of grain, wool, hemp, and other manu- 
factures; to export the same and other products of th.e, coun- 
try, and to use all such powers .and privileges as f&ay be 
necessary to carry on the said manufactory according to 
the objects of this act as herein expressed. 
Capital stock Sec. 3. The capital stock of said company shafii.consist 
may be increas- r nve thousand dollars, with the privilege of increasing the 
same to twenty thousand dollars, to be divided into shares of 
fifty dollars each. 
Corporation to Sec< ^ For the purposes of Carrying into effect the ob- 

obtain subscnp- . , . • t\t /~i nm t 1 et 1 T» 

tions to BtocK. ject of this corporation, N. C. I hompson, Joel bolomon, JJ. 
W. Vittum, Harvey Crosthwait, and David Markley, are 
hereby appointed commissioners to obtain subscriptions to 
the capital stock of said company; and said commission- 
ers or a majority of them after giving general notice there- 

Toopeu books. Q { j Q some newspaper printed in this state, may open books 
for the subscription of said stock, at such times and places 
as they may direct, and keep the same open till at least 
one hundred shares have been subscribed. Every sub- 
scriber, at the time of subscribing, shall pay to said commis- 

Amouut to be j one dollar for each share subscribed: and when 

paid on sub- .... , - . . . 

scribing. such subscription is complete, as aforesaid, or withm sixty 

days thereafter, said commissioners, or a majority of them, 

Notice to be shall call a meeting of the stock holders at Centreville, by 

given of meet " a p r i n t e( ] notice in some newspaper of general circula- 
tion in this state. 

Election ofdi- Sec. 5. At said meeting the stockholders of said com- 

tectors. pany shall proceed to elect five directors, who shall manage, 

direct, and govern, the affairs of said company one year 
from the period of said election, and until their successors 
are elected and qualified; and that at said election, each 

Who may vote, stockholder shall be entitled to one vote for each share he 
may hold; and a majority of all the votes given shall be re- 
quired to make an election. 

The period of election of directors as aforesaid, shall be 

Annual elec- annually on the first Monday of the month in which the first 

t,on - election shall be held. 

Meeting ofdi- Sec 6. Immediately after the directors are chosen as . 

rectors. aforesaid, they shall hold a meeting, at which and at all sub- 

sequent meetings of said board, a majority of the directors 
shall constitute a quorum. That they shall proceed to the 

P SJ ent h ° W election of a P resid cnt from their own body, a secretary 
who shall be sworn by a justice of the peace to the faithful 
discharge of his duty, and who shall record all votes of 



. . INCORPORATIONS. ot 

.■ ■ * ■ ». ** i 

llic corporation in a book by him kept for that purpose; a 
treasurer, who shall give bond to such amount and in such Treasurer to 
manner as the said president and directors shall direct;ands lve bond - 
the board shall appoint all other ofiicers and agents as to 
them shall seem necessary. 

Sec. 7. Said president and directors shall have power Power to rule 
to mia&e and establish all such by-laws, rules, and regula- by-Jaws and 
tions«s8? shall be necessary, and not inconsistent with the re s u,at,ons - 
laws o^this state and the provisions of this act, which may- 
be necessary for the payment or collection of the subscrip- 
tions id its stock, and the transfer of the same, and of pro- 
perty, or that in any other way may concern the manage- 
ment and direction of the affairs of said company. 

Sec. 8. If it should happen thatany election should not Election, if not 
be made the day when by the provisions of this act it should held when >* 
be made, the corporation shall not for that reason be dissolv- S10u 
cd,but such election may be held on any other day within 
thirty days thereafter, public notice being given by the di- 
rectors thereof. 

Sec. 9. This act shall be deemed a public act and shall Public act, 
be construed favorably for the purposes therein expressed, 
and declared in all courts and places whatever. 

Approved, "31st July, 1837. 



AN ACT to Incorporate the To.vn of Caledonia. In force 21st 

July, 1837. 

Sec. 1. Be it ennded by the people of the State of Illinois, 
represented in the General Assembly, That Justus Post, E. B- 
Clemson, H. L. Webb, R. A. Nelson, and Thomas Forker, 
be, and they are hereby constituted a body politic ani^g 1 ^ 
corporate, to be known by the name of the riesident and riy v0 \\u C and 
Trustees of the town of Caledonia; and by that name they corporate 
and their successors shall be known in law, have perpetu- 
al succession, sue and be sued, plead and be impleaded, p owerB 
defend and be defended, in courts ot law and equity; 
and in all actions and matters whatsoever, may grant, pur- ]o]d 
chase, receive and hold property, real and personal, with- perty)1 . eal nnd 
in said town and no other; and may lease, sell, and dispose personal 
of the same for the benefit of the town, and may have 
power to lease any of the reserved lands which have been, £ n a c [ s lease 
or may be, appropriated to the use of said town, and may 
do all other acts as natural persons; may have a common 
seal, change and alter the same at pleasure. 

Sec 2 That all those tracts of land, to wit: South half Bo.mda.ief of 
of section 23, sections 26,27, and 34, in township 1 5, «° w » 



32 



INCORPORATIONS. 



Time of 



south, range one, east of the third principal meridian, be, 
and the same is hereby declared to be within the bounda- 
ries of the town of Caledonia." 

Sec. 3. The corporate powers and duties of said town 
Powers vested shall be vested in five trustees, after the term of the pre- 
in five trustees gent i ncum bents has expired, to wit: on the first Monday 
of October, who shall form a board for the transaction of 
business. 
Trustees to be Sec 4. The members composing the board ofrfrustees 
elected annual- shall be elected annually, on the first Monday in^peptem- 
ber, to serve for one year, and till others shall be legally 
qualified; they shall be at least twenty-one years of age, 
citizens of the United States, and shall possess a freehold 
Qualifications es t a t e within the limits of the corporation. Those per- 
sons only shall be qualified to vote for trustees, or in such 
town meetings as may be held in conformity to this act, 
who possess the requisite qualifications to vote for state 
officers, and have resided within the limits of the corpora- 
tion six months previous to such elections or town meetings. 
Sec 5. The board of trustees shall appoint their presi- 
dent from their own body; shall appoint all other officers 
of their board, and shall be the judges of the qualifications, 
elections and returns of their own members, and shall 
have power to fill all vacancies in the board occasioned by 
("eath, resignation or six months' absence of any member 
thereof. A majority shall constitute a board to do busi- 
ness, but a smaller number may adjourn from day to 
day, may compel the attendance of absent members, in 
such manner, and under such penalties as the board may 
To make rules provide. They may determine their rules of proceedings, 
and regulations and make such other rules and regulations for their own 
government as to them may seem proper and expedient. 
Sec 6. The board of trustees shall have power to 
M * y lev y and levy and collect taxes upon all real estate within the town, 
not exceeding one per cent, upon the assessed value 
thereof, except as may be hereinafter .excepted; to make 
Health of town regulations to secure the general health of the in- 
Removenui- habitants; to prevent and remove nuisances; to restrain 
cattle, horses, sheep, swine, and dogs from running at large; 
Night watches to establish night watches, erect lamps in the streets, 
and lighting of the same; to erect and keep in repair, 
bridges; to license and tax merchants; to regulate auc- 
tions, taverns, groceries, and pedlers, theatrical and other 
shows, billiard tables, and other amusements; to restrain 
and prohibit gaming houses, bawdv houses, and other dis- 
orderly houses; to prevent the shooting of fire arms within 
the limits of the corporation; to establish and erect mar- 
kets; to open and keep in repair streets and avenues, lanes, 
alleys, drains, and sewer?, to keep the same free 



Who to vote 
for trustees 

President how 
appointed 



Power to fill 
vacancies 

Quorum 



To license 
merchants, &,c 



To prohibit 
gamiug &c. 

Markets 



INCORPORATIONS. 33 

from incumbrances; to establish and regulate a fire de- Fkedepart- 
partment; to provide for. the prevention and extinguishing ll,el >t 
of fires; to regulate the .police of the town; to regulate the Po!ire 
election of town officers, to fix their compensations; to cs- Officers 
tablish and enforce quarantine laws; and from time to 
time to pass such ordinances to carry into effect the ordi- c P e a s ESOrdinau " 
nances of this act, and the powers hereby granted, as the 
good ©£the inhabitants may require, and impose and ap- 
propriate fines" and forfeitures for the breach of any ordi- 
riance^and to provide for the collection thereof; and that 
in cases arising under this act, or growing out of the by 
laws and ordinances made in pursuance of this act of in- Jus'Sceofpeaco 
corporation, any justice of the peace within said corpora- ^ c h t ^ Juns " 
tion shall have jurisdiction to hear and determine the same, Appeal may be 
and an appeal may be taken, and writs of certiorari al- ta ^n 
lowed from any such decisions in the same manner as now J 1 ° cemo ~ 
is or hereafter may be provided by law for appealing from 
judgments of justices of the peace 

Sec. 7. The board of trustees shall have power to May lery tax 
levy a tax for the erection of school houses, and the ££2 port ° f 
support of common schools within said corporation, and M ]oan mo _ 
to raise money by loan on the credit of the town for com-, iey 
mencing and prosecuting works of public improvements: 
Provided, however, That the same shall be submitted to the 
vote of the citizens of the town, and approved by a ma- 
jority thereof. 

Sec. 8. That, upon the application of the owners of Special tax 
Cwo-thircTsTo? the real estate upon any street, it shall be ma >' be lcviod 
lawful lor the board of trustees to levy and collect a spe- 
cial tax on the owners of the lots on said street, accord- 
ing to their respective fronts, for the purpose of grading 
and paving the side walks of said streets. 

Sec 9. That the board of trustees shall have power Power to grade, 

, , r pave, &c. 

to regulate, grade, pave, and improve the streets, ave- sUe ets 
nues, lanes, and alleys, within the limits of said town, 
and to extend, open, and widen the same, and to set aside May extend <fc 
and appropriate sufficient ground for a square, for a market, p,,^ square 
and other public purposes, making the p"erson or persons 
impaired thereby adequate compensation, to ascertain 
which the board shall cause to be summoned twelve good freeholders to 
andlawful men, freeholders and inhabitants of said town, be summoned 
not directly interested, who being first duly sworn for 
that purpose, shall enquire into and take into considera- 
tion as well the benefits as the injury which may accrue, 
and estimate and assess the damages which would be To estimate &, 
sustained by opening, widening, or extension of auy asses ;> damages 

J , l c ' ,, . . ... . ■ 1 and benent 

street, avenue, lane, or alley, or setting asice and appro- 
priating grcund for a market square, and other public 
purposes, and shall, moreover, estimate the amount which 



34 INCORPORATIONS* 

other persons will be benefitted thereby;, and shall con- 
tribute towards compensating the persons injured; all of 
SuSw which shall be returned to the board of trustees under 
trustees their hands and seals, and the person or persons who shall 

be benefitted and so assessed, shall pay the same in such 
manner as shall be provided, and the residue of any shall 
be paid out of the town treasury. 
May survey & Sec. 10. That the trustees shall have'power to survey 
P ,at ,. l d ™' * nd and plat the grounds within the corporation limits, and 
recor same rccord ^ sam6j w hich, when thus surveyed, platted, and 
recorded, shall be a governing plat for town uses and 
Proviso. purposes: Provided, however, That this shall not be so con- 

Individuals' s trued as to give the trustees power, so to vary from any 
.Violate 36 ^ established plat as thereby to affect the rights of private 

individuals. 
Negiec: or re- Sec i 1. That whenever the owners of any lot or piece 
fusai to pay Q r g rounc i included within said incorporation shall neglect 
or refuse to pay the tax or taxes levied on the same, when 
they may become due, it shall be the duty of the trustees 
to advertise the same for non-payment, either in a news- 
paper printed in said town or by posting in three of the 
Lots may be most public places in taid town for the space of sixty days, 
sold and on further failure of payment thereof, to sell at public 

sale said lot or piece of ground to pay said taxes and 
defray the expenses of collection. 
Ordinances to $ec. 12. AH ordinances shall, within ten days after 
be published their passage, be posted in three of the most public places 

in said town. 
Lots sold, how Sec 13. That when any real estate in said town 
and when re- shall be sold by the authority of said corporation for the 
eemed non-payment of taxes, said lands may be redeemed in the 

time that other lands are redeemed by virtue of the laws 
of this state, upon paying the treasurer of the board dou- 
ble the amount of taxes for which the same was sold, to- 
gether with all the costs accruing on such sale; lands not 
redeemed under such shall be conveyed by special war- 
ranty, under the seal of said corporation. 
Officersoftown Sec 14. The officers of said town in addition to the 
trustees, shall consist of one clerk, one street commis- 
sioner, one treasurer, three assessors, one town constable 
and collector, one town surveyor, and such other officers 
as the trustees of said town may deem necessary for the 
good of said town. 
Fire companies ^ec *5. That the president and trustees of said town 
shall, whenever they may deem it necessary, order the 
formation of fire engine companies, and hook and ladder 
companies: said companies to contain such number 
of members as said trustees by their ordinances shall di- 
rect. The members of said companies shall be exempt 



INCORPORATIONS. 35 

from jury and military duty; and whnjiever a member Members ex- 
of either company shall have served twelve years, he. em P tfl0tn mil * 
shall receive a discharge from the incorporation, signed " aryduty - .'•' 
by the president, and shall from thereafter be exempt 
from further jury and military duty, except in cases of 
invasion. 

Sec 16. That all lots of lands or parcels of ground Property of 
in said town, or which have been conveyed by the origi- town 
nal proprietors thereof, or other persons, to the inhabi- 
tants of said town in the aggregate capacity, or to any 
person or persons in trust for them, or for their use and 
benefit, and all funds raised, or to be raised by the sale of 
donation lots or otherwise, whether for the erection of 
school houses, academies, or places of public worship, are 
hereby declared to belong to, and to be vested in, said 
corporation, and shall be under the management and 
direction of the trustees aforesaid and their successors, 
and applied in furtherance of the objects intended by the 
the proprietors or donors thereof; and the said trustees 
shall have power to institute suits for the recovery of 
every or any such lots or parcels of ground, should it be 
necessary, and to perfect in them and their successors 
the title thereof, or to make such other adjustment re- 
lative thereto, as to them shall seem expedient and 
proper. 

Sec. 17. That it shall be the duty of the board of trus- Tow » meetings 
tees, in such manner as they may hereafter provide, to 
give notice of all town meetings to be held, whether for 
the election of trustees or any other purpose, arising 
under the provisions of this act, by posting the same in 
three of the most public places in said town, and stating 
therein the object of such meeting: Provided, however, Prov,so; 
That not less than three days' notice of any such meet- 
ing shall in any case be given except in cases of emer- 
gency. 

Sec. 18. That the members of the board of trustees, £*°f™* ta 
and every officer of said corporation, shall, before enter- 
ing on the duties of his office, take an oath or affirmation 
before some judge or justice of the peace to support the 
constitution of the United States and of this State, and 
faithfully to discharge the duties of their several offices. 

Sec. 19. That the trustees may have to divide said Wards oftown 
town into such number of wards as to them shall seem 
expedient and proper: Provided, however, That no stock, 
belonging to citizens without the boundaries of said town* 
shall be hurt by the authority of said corporation. 

Approved 2 1st July, 1837. 



36 



INCORPORATIONS. 



In force 21st AN ACT to incorporate the Caledonia Railroad Company . 

July, 1837. 

Sec. 1 . Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That William L. D. 
Ewing, James L. Curtis, Nathaniel P. Tallmadge, Silas 

Body politic & jvj. Stilwcll, Henry L. Webb, Ferris Forman, Herman W. 

corporate crea- (jj^jj^ Benjamin W. Brooks, John A. McClcrnand, Willis 

ted Willard, James L. Hodges, ' James Reed, Michael Gra- 

ver, and Winsted Davie, and their associates, successors, 
and assigns, are hereby created a body corporate and 
politic, under the name and s'yle of the Caledonia 

Name ce style llailrQad Company? f or t h e term of fifty years; andby that 
name may be and are hereby made capable in law and 

Powers equity to sue and be sued, plead and be impleaded, defend 

and be defended, in any court or courts of record; to 

May have seal make, have, and use a common seal, and the same to re- 
new and alter at pleasure; and shall be and are hereby 

Ail privileges veslec i w j lrl all the powers, privileges, and immunities 

nece saiy wn i c h arc or may be necessary to carry into effect the 
purposes and objects of this act as hereinafter set forth; 

Commissioners an( j ^ e sa j c j compan y are hereby authorized and em- 

authonzed to , i , i -• i c n „l t» 

build railroad powered to locate, construct, and finally complete 
to central rail- a railroad from the town of Caledonia, in Alexander 
road county, to the central railroad at Jonesboro', or some 

point upon said railroad south of Jonesboro', upon the 
May join most eligible and convenient route; and said corporation 
• is hereby authorized to join and connect with the cen- 
Road may t>9 tra j ra .iIroad, and for this purpose the said company are 

laid out wide . . ' i • • i , ■ , r ■ r ' 

enough for dou- authorized to Jay out their said road wide enough lor 
bie or single a double or single track through the whole length; and 
trackway f or ^ p Ur p 0se f cu tting embankments, stone, and gravel, 

may take as much more land as may be necessary for the 
Proviso proper construction and security of said railroad: Pro- 

vided, All damages that may be occasioned to any person 
or corporation, by taking such lands or materials for the 
Lands, &c. to purposes aforesaid, shall be paid for by the company in 
be paid for t j le manner hereinafter provided. 

Capital stock . Sec " 2 * Tho ca pi tal stock of said company shall con- 
Shares sist °f tllrec hundred thousand dollars, to be divided into. 
Government' snares " of on e hundred dollars each. The immediate gov- 
vested in five ernmcnt and direction of said company shall be vested 
directors j n fi ve directors, who shall be chosen by the stockholders 
of said company in the manner hereinafter provided, who 
shall hold their offices for one year after their election, 
and until others shall be duly elected and qualified to take 
their places as directors; and the said directors, a majority 
Quorum G f whom shall form a quorum for the transaction of busi- 
ness, shall elect one of their numbers president of the 
board, who shall also be the president of the company. 



INCORPORATIONS. 37 

Sec. 3. The said corporation is hereby authorized by p ower to make 
their agents, surveyors, and engineers, to cause such ex- surveys, &,c 
aminations and surveys of the ground and country to be 
made between said points as shall be necessary to deter- 
mine the most advantageous route for the proper line or 
course whereon to construe!; their said railroad; and it 
shall be lawful for the said corporation to enter upon, May take 
and take possession of, and use all such lands and real lands, &c.ne- 
estatc as may be necessary to the construction and main- cessary 
tenance Of their said railroad, ana the accommodations 
requisite and appertaining to the same; and maj r , also, hold 
all such lands as they may purchase or receive in any 
manner for the necessary purposes of said road: Provided, 
That all lands or real estate entered upon, and taken pos- 
session of, and used by said corporation for the purposes 
and accommodations of the said railroad, or upon which the 
site for the said railroad shall have been located or deter- 
mined by the said corporation, shall be paid for by the 
said corporation in damages, if any be sustained by the 
owner or owners thereof, by the use of the same, for the 
purposes of said railroad, which damages shall be ascer- 
tained in the same manner that damages are ascertained 
in the case of public roads running through the lands of 
individuals, some one of the directors acting in the stead 
of the supervisor of the general road law. 

Sec 4. If any person shall wilfully, maliciously, ©I ■ "«fi*2. 
wantonly, and contrary to law, obstruct the passage ot J 
any car on said railroad, or any part thereof, or any thing 
belonging thereto; or shall damage, break, or destroy any 
part of said railroad, or implements or buildings, he, she, 
or they, or any persons assisting, shall forfeit and pay to 
said company for every such offence treble the amount of 
damages that shall be proved before any court competent 
to try the same, to be sued for in the manner and be- 
half of said company; and such offender or offenders shall Offender deemr 
be deemed guilty of a misdemeanor, and shall be liable ^.J^Z* 
to an indic+ment in the same manner as other indictments 
are found in any county or counties where such offence 
shall have been committed; and upon conviction, such _ 
offender or offenders shall be liable to a fine not exceed- 
ing one thousand dollars, for the use of the county where 
such indictment may be found. 

Sec 5. The time of holding the annual meetings ot Annual meet- 
the said company, for the election of directors, shall be tixed tog 
and determined by the by-laws of said company, and at all 
meetings each stockholder shall be entitled to vote, in Who may vote 
person or by lawful proxy, one vote for each share he, 
she, or they may hold in said stock. 

Sec 6. Nathaniel P. Tallmadgc, James I,. Curtis, and 



35 



INCORPORATIONS. 



Henry L. Webb, are hereby appointed commissioners to 

open subscription books for the stock of said company; 

Commissioners an( j sa id commissioners or a majority of them, are hereby 

to open books aut horized to open subscription books for said stock, at 

of subscription \ , * i _l„ii „;,.„ r- f 

Notice to be K i- such P laces asthc y ma y deem P ro P er > andsh.ill give at 
ven when books least thirty days' notice of the tunes and places when and 
are to be where such books will be opened, in the state paper print- 

SwTl?' 1 " ed at Vandalia, and shall keep said books open at least 
pdnte P cUtVan- five days, unless the whole amount of capital stock shall 
ciaiia be subsciibed before the expiration of the said five days; 

and they shall require each subscriber to pay five dollars 
Amount paid on each share subscribed, at the time of subscribing; and at 
on subscribing the expiration of the said five days, if the whole of the said 
capital stock shall be subscribed, the said commissioners 
shall call a meeting of the stockholders by giving ten days' 
notice in a newspaper printed in Vandalia; and at such 
meeting it shall be lawful to elect the directors of the said 
company; and when the directors of said company are ' 
chosen the said commissioners shall deliver said subscip- 
Books to be gi- tion books, together with all sums of money received by 
ven to directors them as such commissioners, to said directors; Provided, 
Proviso That no person shall be a director unless he shall own 

at least five shares of the capital stock. Said company 
Company may is hereby athorized to borrow any sum of money not ex- 
borrow money ceeding their capital stock, and to make all such con- 
tracts as said corporation may deem necessary to carry 
into effect the powers and privileges hereby granted. 

Sec. 7. That the rights of way and the real estate pur- 
chased for the right of wa}' by said company, whether by 
mutual agreement between the said corporation and the 
owner or owners of said land or real estate, or which 
shall become the property of the said company by opera- 
tion of law as is in this act provided, shall, upon the pay- 
ment of the amount belonging to the owner or owners of 
such lands, as a compensation for the same, become the 
property of said corporation, absolutely and in fee sim 
pie. 
_. , , Sec. 8. The legislature reserves to itself the risht to 

Kieht reserved i t u i e • i . • ■ . 

by State purchase the stock of said company at any time, by paying 

the amount actually expended thereon, with the interest at 
the rate of six percent, per annum; and for the purpose of 
ascertaining the value thereof, the legislature may appoint 
two or more commissioners, who, being dul^- sworn, shall 
proceed to ascertain by inspection and the. oath of witnesses, 
the actual value of the road, fixtures, apparatus, and cars 
as aforesaid. The corporation may take and transport on 
the said railroad any person or persons, merchandize, or 
other property, by the force and power of steam, or ani- 
• mals, or any combination of them; and may fix and e$- 



INCORPORATIONS. 30 

tablish, take and receive such rates- of toll for all passen- Toils 
gers and property transported upon the same, as the di- 
rectors shall from lime to time es.ablish; and the directors 
are hereby authorized and empowered to make all neces- 
sary rules and regulations, by-laws and ordinances, that 
they may deem necessary and expedient to accomplish 
the desjgns and purposes, and to carry into effect the 
provisions of this act, and for the transfer and assignment <, 
of its stock, \^hich is hereby declared personal property, personal pro- 
and transferable in such manner as shall be provided forpmy 
by the by-laws and ordinances of said corporation. 

Sec. 9. Said company shall transport the United Shall transport 
States mail upon the whole line of said road, whenever re- U ' States . mj »i 

11 jit-» ^ ii-» ■ i i mi , •/- t when n quired 

quired by the Postmaster General; Frovided, 1 hat if the p lov iso 
Postmaster General and the company shall be unable to 
agree upon the compensation to which said company shall 
be entitled, the Postmaster General may choose one per- 
son and said company shall rfioosc another, who, should 
they be unable to agree upon the compensation to which 
said company shall be entitled, shall choose a third person, 
and the compensation fixed by them or a majority of them, 
shall be binding upon said company. 

Sec 10. If the said company shall not commence the If r ,°j\ d n ° l 

, .,, . r ^.< c i.i • j made in five 

work within two years irom the p.tssagc ot tins act and years charter to 
complete within five years, then this act shall thenceforth be void 
cease and be void. 

Approved 21st Julv, 1S37. 



AN ACT to amend "An act to incorporate the Chicago and Fox River In force 21st 
Turnpike Road Company," approved March 1st, 1837. J^y 5 !»•»'• 

Sec 1. Be it enacted by the people of the State of Elinois, Thirteenth se C . 
represented in the General Assembly, That the thirteenth tion of act re- 
section of the act, entitled "An act to incorporate the pealed 
Chicago and Fox River Turnpike Road Company," ap- 
proved March 1st, 1837, be and the same is hereby re- 
pealed. 

Approved 2lst July, 1S37, 



40 INCORPORATIONS. 

In foroc 21st AN ACT to increase the Capital Stock of certain Companies. 

July, 1837 

Sec. 1.' Be it enacted by the people of the State of Mi- 
' ita] in nois, represented in the General Assembly, That the capi- 
'ereSed $300,- tal stock of the Pittsfield and Mississippi Railroad Com- 
000 pany is hereby increased the sum of two hundred thou- 

sand dollars; and the capital stock of the Winchester, 
Lynnviile, and Jacksonville Railroad Company, is herehy 
increased two hundred thousand dollars. The president 
Powers of pre- anc [ directors of said companies shall severally have pow- 
SS£ nd di " er to dispose of the stock not subscribed for, upon such 
terms as they may deem for the interest of the com* 
" panics. 

Approved 21st July, 1837. 



In force 21st AN ACT to incorporate the Alton Ferry Company. 

July, 1837 

Sec. 1. Be it enacted by the people of the State of Illinois 5 * 
represented in the General Assembly, That Enos H. Harri- 
son, John Ligerson, Wallace Ligcrson, and Jeremiah A. 
Body corporate Townsend, and such other persons as may associate with 
them for that purpose, be and are hereby constitu- 
ted a body corporate by the name ot the '"Alton Ferry 
Company," for the purpose of transporting, taking, and 
carrying property and persons across the Mississippi river,, 
from the town of Alton to the opposite shore, by the 
power and force of steam, of animals, or of any mechan- 
ical or other power, or of any combination of them which 
Vested with the said corporation may choose to employ; and by that 
r 'fe hts name they and their successors shall be and hereby are 

vested with all the rights and privileges of ferrying across 
the said river, and may have succession, and shall be 
persons in law capable of contracting and being con- 
tracted with, sueing and being sued, pleading and being 
impleaded, in all courts of law and equity, and in all man- 
ner of actions; and that they and their successors may 
have a common seal, and may change and alter the 
same at their pleasure. 

Ca itai stock • ^ E( '* ^* ^' ie ca P* ta l stoc k of said company shall con- 
Shares E sist of twenty-five thousand dollars, divided into two hun- 
dred and fifty shares of one hundred dollars each. 
Place of meet- Sec 3. That the place of meeting for said company 
jnfc shall be at Alton. 

Sec. 4. That for the purpose of carrying into effect 
the object of this incorporation, Enos H. Harrison, John 



INCORPORATIONS ' 41 

Ligerson, and Jeremiah A. Townsend, are hereby ap- Commiisioners 
pointed commissioners to obtain subscriptions to the capi- to obtaIn sub " 

I i . i r ■ i ••>•• scnptions to ' 

tal stock ot said company; and said commissioners, or a stoc k 

majority of them, after giving general notice thereof in 

some paper printed in this state, may open books for the BookB , , ° be . 

subscription of said stock, at such times and places as 

the) may direct, and keep the same open till the said 

capital stock is subscribed. Every subscriber shall at 

the time of subscribing pay to said commissioners the 

sum of one dollar for each share subscribed. When such 

subscription is complete, or within sixty days thereafter, When snberip- 

said commissioners, or a majority of them, shall call a tion ls com " ■ 

meeting of the stockholders at Alton, by a printed no- pe 

tice in some newspaper of general circulation within this 

state. 

Sec. 5. Thatat said meeting the stockholders of said „ 
company shall proceed to elect five directors, who shall rector8 
manage, direct, and govern the affairs of said company 
one year from the period of said election, and until their Term of office 
successors, who shall be vested with the same authority, 
are elected. 

Sec. 6. And that at said election each stockholder One vote for 
shall be entitled to one for each share of stock he may each shar * 
hold; and a majority of all the votes given shall be re- 
quired to make an election. 

Sec. 7. That the period of election shall be annually Election to be 
the lirst Monday in the mon f h in which the first election annua y 
was held. 

Sec 8. That immediately after the directors are cho- 
sen as above, they shall hold a meeting, at which, and at 
ail subsequent meetings, a majority shall constitute a^ uonlm 
a quorum, and that they shall proceed to the election of 
a president from one of their number. 

Sec. 9. That said president and directors shall have p ^ 

power, from time to time, to make all such by-laws, not al ° b/iaw?* * 
inconsistent with the constitution and laws of this state, 
which may be necessary for the management and di- 
rection of the affairs of the said company. 

Approved 21st Julv, 1837. 



A?T ACT to incorporate the Fairfield Library Company. In force 2d 

March, 1837 
Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Thomas jY* : 
Wood, William Borah, C. J. Ridgway, JRigdou B_. "bio-. . ■ 

F 



43 



INCORPORATIONS. 



Body eoMtftu-cumb, Jeffrey Robinson, Caleb Williams, William F. Tur- 
»<i ncy, Joseph Wilson, Thomas Linthicum, Wesley btaten, 

Nicholas N. Smith, Andrew J. Armstrong, James Mays, 
Edward R. Puckett, L. J. S. Turney, and their associates, 
be and they hereby constituted a body politic and corpo- 
rate, to be known by the name [of the] Fairfield Library 
Company; and by that name shall have perpetual suc- 
May have seal cession, and a common seal which may be altered at the 

pleasure of the society. 
tv elec Sec - 2 - That tbe members of the society shall annu- 

ted ° f " ally, on the fir=t Monday of April, elect five directors, 
(who shall be stockholders,) who shall continue in office one 
M k b- year, and until their successors arc elected, who shall be 
Maym e y^^^^ to make such by-laws, rules and regulations, 
as they, or majority of ihem, shall deem best calculated 
to promote the welfare of the society. 
* Sec. 3. That the directors shall appoint their own 
chairman and secretary for the time being, and hold their 
Powers meetings at such times and places as they may think pro- 

per; and the directors shall be capable in law and equity 
of sueing and being sued, pleading and being impleaded, 
answering and being answered unto, defending and being 
defended, in any court or courts, place or places what- 
soever. 
To hold estate ^ EC * ^* That the directors and their successors in of- 
fice shall be in law capable of purchasing, holding, and 
conveying any personal or real estate for the use of said 
corporation, not exceeding their capital stock: Provided, 
Not more than g^j GOrpora tion shall not be allowed at any one lime to 
16U acres 1 i u i i j i *rij 

own more than one hundreu and sixty acres or land. 

Sec. 5. That the directors shall have power to de- 
mand and receive all moneys that are already due by sub- 
scription or otherwise, or that may hereafter become due 
by fines, donations, or contributions of what nature soever, 
which, when collected, they shall disburse in the purchase 
of books, maps, orin^such manner as a majority of them 
may deem best for the interest of the society; all debts 
already contracted by individuals for the use and benefit 
of the society, being first paid. 
Duty of direc- Sec. 6. That it shall be the duty of the directors an- 
t01 ' 8 nually to appoint a librarian, whose duly shall be pre- 

scribed by the by-laws of the society. 
Vacancies how ^ec ?• That the directors shall have power to fill such 
filled vacancies as may happen in their own body during the 

time being;, and to assess such moderate hues for any breach 
of the by-laws, and for the loss or destruction of any book 
or books belonging to the library, as may be reasonable 
and just. 

Sec. 8. That the directors shall designate the mfcde of 



INCORPORATIONS. . ~ 43 

admitting persons wishing to become members of the so- Members, how 
ciety. The capital stock of said society shall be two admitted 
thousand dollars, with the the privilege of increasing the may be In- 
same to five thousand dollars. creased 

Sec. 9. The stock of the company shall be divided Shares 
into shares of twenty dollars each, which shall be sub- 
scribed for and and paid in, as the directors may, from 
time to time, direct: Provided* That they are not allowed 
to call for more than one-fifth of said capital stock per 
annum. 

Sec. 10. That books shall be opened for the subscri- Books to b« 
bers of stock in said institution at such time and place or °P ened 
places as the directors may prescribe. 

Sec. 11. That no member shall withdraw his interest 
from the institution, but may transfer the same to any per- 
son or persons he may think proper, whom the society may 
admit as a member or members: Provided, That the trans- 
fer be made in presence of the librarian, and entered on 
the records of the society. 

Sec. 12. That this act shall be in force from and after 
its passage. 

Approved, 2d March, 1837. 

[This bill, through inadvertency, was left out of the prin- 
ted incorporation acts of the session of 1838 & '7.] 



AN ACT to incorporate the Fayette county Manual Labor Seminary. Created a body 

corporate and 

Sec 1 . Be it enacted by the people of the State of Illinois, P ollt1c - 
represented in the General Assembly, That Harvey Lee, Wil- 
liam Walters, James Black, Charles Prentice, Asahel Lee, 
William Linn, Moses Philips, J. M. Morse, N. M. McCur- 
dy, Robert Blackwell, and Francis B. Hickman, be, and 
they are hereby created a body corporate and politic, by 
the name and style of the "Trustees of the Fayette county 
Manual Labor Seminary," and by that style and name to 
have perpetual succession. The said seminary shall be lo- 
cated on some eligible situation, in the township in which Powerg , 
the town of Vandalia is located. 

Sec 2. The corporate powers hereby given shall be 
such as arc usually conferred on similar corporate bodies, 
to wit: to have perpetual succession, to make contracts, to 
sue and be sued, to plead and be impleaded, to grant and 
receive by its corporate name, and to do all such acts and 
things as a natural person may; acquire, purchase, or sell 
property real or personal, and in all lawful ways, to use, 



44 



INCORPORATIONS. 



Authority. 



Trustees may 



manage and dispose'.of the same.; may have a common seal f 
and may alter and change the same, and may make by-Jaws 
for its regulation, not inconsistent with the constitution 
and laws of the United States or of the State^of Il- 
linois. "■■ 

Sf.c. 3. The trustees of said seminary shall have authori- 
ty, from time to time, to prescribe the course of.stu.dies to 
be pursued in said institution; the amount of labor$a : be re- 
quired of the students thereof; to fix the rate tuit'ibu. and 
other academic expenses; to appoint instructors, arid such 
other officers and agents as they may consider necessary to 
the proper managing the concerns of said institution; 
may define their duties, fix their compensation, and at thG 
pleasure of a majority of the trustees, displace or remove 
them. 

Sec. 4. The trustees for the time being, that their suc- 
fiil vacancies/ cession may be perpetual, shall have power to fill any va- 
cancy which may occur in their number from death, re- 
signation or removal, or other cause; a majority of the 
trustees for the time being, shall be a quorum to do busi- 
ness, and shall have power to increase their number to any 
amount not exceeding twelve; Provided, That two-thirds 
of the trustees for the time being, shall concur in the ap- 
pointment of the trustees to be added. 

tTe°as*r P e P r 0hl ' * Sec * 5 * II sha!l be ^ he dut y 0I " said trustees to appoint 
one of their number treasurer to the board, who shall be 
required to give bond, with such surety as may be deem- 
ed sufficient, conditioned for the fa'ithful perfc rmance of such 
duties as may be required of him by the by-Jaws. 
2? "denomin" Sec> ?• The said institution shall be open to all de- 
tions. nominations of Christians, and the profession of any particu- 

lar religious faith shall not be required of those who may 
desire to become students in said institution. 

Sec 7. The lands and tenements to be held in perpe- 
tuity, by virtue of this act,shall not exceed six hundred and 
forty acres; Provided however, That if any donation, grant 
or devises in land, shall from time to time be made to said 
corporation, over and above the six hundred and forty 
acres held in perpetuity, as aforesaid, the same may be re- 
ceived and held by said corporation, for the period of five 
years from the date of any such donation, grant, or devise; 
at the expiration of which time, if the said lands be not 
sold by the said coporation, then the said land so donated, 
granted, or devised, shall revert to the original donor or 
grantor, or to the heirs of said devisor of the same. 

Sec 8. This act shall be in force from and after its 
passage. 

[This billhaving been laid before the council of revision, 
and ten days not havingintervened before the adjournment 



What lands 
may be held 



* 



INTERNAL., IMPROVEMENTS 45 

of ths General Assembly* and the said bill not having been 
returned with the objectionsof the council, on the first day 
of th&present special session of the General Assembly, the 
same has become a law. 

Given under my hand, the Ilth day of July, A. D. 
1837.'- : 

A. P. FIELD. 

Secretary of Stile. 



AN ACT further supplemental to an act ta establish and maintain a General J a *" or:e ^' 8t 
'System of Internal Improvement. July, 1837. 

Sec. 1. Be it enacted by the people of the S lata of Illinois, 
represented in the General Assembly. That the commission- 
ers of public works be and they are hereby authorized 
and required, as soon as practicable, to proceed to the sur- 
vey, location and construction of the several routes of rail- 
road, and other public improvements, indicated by the act 
to which this isa supplement, any thingin the fifteenth sec- 
tion of said act to the contrary notwithstanding. 

Approved 2lst July, 1837. 



AN ACT concerning Calvin's Slough. In force 21s* 

July, 1837. 

Sec 1. Be it enacted by the people of the State of Illinois, Calvin's slough 
represented in the General Aesembly, That Calvin's Slough, ^j;j* ted nari ~ 
in the county of Greene, is hereby declared a navigable" 
stream and public high way, from its confluence with the 
Illinois river to the town of Bluifdale. 

Sec 2. That the time of holding elections for a justice ^ ie of elec ° 
of the peace and constable in each of the towns of Green- 
field and White Hall, in Greene county, as authorized by 
"an act to incorporate the towns of Greenfield and White 
Hal!, in Greene county," approved on the fourth day 
of March last, may be fixed and ordered to take place £ Ia >' be fixcd 

, , ' * . . r ., x oy cou.ity corr.- 

by the county commissioners court ior said county, on any mindonn*. 
day within nine months from the passage of this act; and 
such elections hereby authorized to be held shall be as good 
and valid as if the same had been held at the times con- 
templated in said act, and shall be conducted as therein re- 
quired. 

Approved, 2lst July, 1837. 






46 JUSTICES OF THE PEACE. 

In force 20th AN ACT forming an additional Justices District in the county of Randolph. 

July, 1837. 

Justices district g EC# j # g e it enacted by the. people of the State of Illinois , 

croated- represented in the General Assembly, That all that district of 

country included within the corporation limits of the town 
of Columbus, in the county of Randolph, be and the, same is 
hereby constituted into a district for the election of ajus- 
tice of the peace and constable. 

Eection to be Ǥ EC# 2. T/ ne CO unty commissioners courtof the county of 
Randolph, are hereby authorized and required to cause an 
election lobe held on or before the first day of October next, 
oras soon thereafteras practicable, and ateach quadrennial 
election thereafter, for one justice of the peace and one 
constable in said district. The officers elected shall hold 
their offices until the next general election for justices of the 
peace, at which time their successors shall be elected as in 
other cases, and the persons so elected shall have and exer- 
cise the same jurisdiction, hold their offices by the same 
tenure, and be under the same regulations, in all respects,as 
other justices of the peace and constables in this state. 
Approved, 20lh July, 1837. 



In force 21st AN ACT to amend an act to provide for the Election of Probate Justices of 
July, 1837. the Peace. 

Eecnnd section Sec. 1. Be it enacted by the people of the State of Illinois, 
of act amended, represented in the General Assembly, That the second section 
of an act to provide for the election of probate justices of 
the peace, approved, March 4th, 1837, be so amended as to 
require the election of the said justices to be held in the 
several counties at the time and places where the elections 
for the clerks of the county commissioners courts are held 
under the provisions of the aforesaid act 
AppovED,2lst July, 1837. 



Julv 1837 S ^^ ACT to amend an act, entitled An actto amend an act concerning Justices 
7 * ' ' of ^e Peace and Constables, approved February 13th, 1827, approved 

January 23rd, 1829. 

Power ofjustice Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That in all cases before 
justices of the peace, where the plaintiff shall wish to prove 



PENITENTIARY." 47 

his or her demand, by his or her' own oath, or tlie oath of the 
adverse party according to the provisions "of the 5th section 
of the act to which this is an amendment, it shall be lawful 
for the justice of the peace before whom the suit is com- 
menced, to issue a summons as follows, to wit: 

STATE OF ILLINOIS,) a 

County. \ ** 

The people of the Stale of Illinois, To any Constable of said 
county, Greeting: 

You are hereby commanded to summon C. D. to appear 0f summou »- 
before me, at my office in in said county, on the 

day of 183 , at the hour of o'clock 

A. M., to answer the complaint of A. B. for a failure +.6 pay 
him a certain demand not exceeding one hundred dollars, 
and hereof make due return as the law directs. The said 
defendant is hereby also notified that the said plaintiff says 
that he has no witness by whom to prove his demand, ex- 
cept it be by his own oath, or the oath of the said defend- 
ant; and unless the said defendant appear at the trial of said 
complaint, the plaintiff will be permitted to prove his de- 
mand by his own oath, as by law is directed in such cases. 

Given under my hand and seal at my office in in 

said county this day of A. D. 183 

E. F. J. P. [l. s.] 

And if the defendant or defendants shall not appear at "^M* 01 

,1 r , • 1 r, 1 • i-i 1 ' r does not appear 

the time 01 trial, after being served with such summons ac- 0l - assign reason 

cording to law, and no sufficient reason be assigned to the 

justice why heorshedoes not appear, then the plaintiffshall 

be pernritted to prove his or her demand by his or her own Plaintiff may 

oath, as is now provided by law, without giving any other or P rove * 

further notice to the defendant or defendants. 

Sec. 2. Nothing here contained shall be construed so 
as to prevent any plaintiff or defendant, in any suit pend- 
ing before a justice of the peace, from proceeding as is pro- 
vided in the 5th section of the act to which this is an amend- 
ment. This act to take effect and be in force from and af- 
ter its passage. 

Approved, 2lst July, 1837. 



AN ACT In relation to the Penitentiary. j n f orce gist 

July, 1837. 
Sec. 1. Be it enacted by the people of the State of Illinois, Law repealed. 
represented in the General 'Assembly, That the first and se- 
cond sections of an act passed February 9th, 1837, enti- 



4 8 PRACTICE. 

tied "an act to amend an act to regulate the/penitentiary," 
approved February l9lh, 1833, be' and the" same are here- 
by repealed. 

Sec. 2. That all the power and authority hereby con- 
sp«w«ofFen-ferred on the warden of the penitentiary, is hereby vested 
herniary. m the inspectors thereof; who are authorized and empower- 

ed to appoint a superintendent of the penitentiary, to su- 
perintend and manage the affairs of the said penitentiary, 
or to farm out the convicts to some individual or individu- 
als, as they in their judgment may think will best advance 
the interest of the state. 
In case of fail- s EC . 3. That the inspectors of the penitentiary, on a 
eT n » defray failure of realizing from the labor of the convicts confined 
in the said penitentiary, a sum sufficient to defray the ex- 
penses of a superintendent, or in case they farm out the 
convicts to some individual or individuals at less than suf- 
ficient to defray the incidental expenses, and support the con-'\ 
victs, they shall have powerto drawon the auditor of public 
accounts for the sum not exceeding eight hundred dollars. 
Sec. 4. This act shall take effect from and after its pas- 
sage, and be in force till the close of the next session of the 
General Assembly. 

Approved, 2lst July, 1837. 



In fores 21st, AN ACT in relation to tl.e county of Cass. 

'July, 1837. 

Preamble. Whereas, at an election held in the county of Morgan, 

according to the provisions of "an act for the formation of 
the county of Cass," it appears that a majority of the voters 
of said county, voted for the creation of said county; and 
whereas, at an election for the county seat of said county, 
Beardstown received the highest number of votes for the 
county seat; and whereas, some doubts have been express- 
ed as to the legality of the proceedings of said elections; 
now, therefore, to remove all doubts on that subject: 
County of Cass ^ EC# *• ^ e ^ enacted by the people of ike Stale of Illinois, 
declared lawful represented in the General Assembly, That the county of Cass 
county of this as designated and bounded in the act for the formation of 
the county of Cass, approved, March 3rd, 1837, be and the 
same is hereby declared to be one of the counties of this 
state. 
Count- i ^ EC * ^* The county scat shall be located at Beards- 
where^ocate'j . f own ? m sa id county; Provided however, That the provis- 
ions of this act, above referred to, shall be complied with 
by the citizens, or corporation of Beardstown, in relation to 



PRACTICE. 49 

the raising, the suni of ten thousand dollars, to defray the 
expenses of erecting public buildings for said county. 

Sec. 3: The corporation of Beardstown shall be allow- Brings to b e 

, . ' i r j .i /• ,i contributed lor. 

ed the period of one, two, and three years, lor the pay- 
ment of ten thousand dollars aforesaid, to be calculated 
from the passage of the law aforesaid; which sum shall be 
paid in three equal payments. The county commission- 
ers court of said county shall make theircontracts for erect- 
ing the public buildings in said county, so as to make their 
payments thereon, when said instalments aforesaid shall 
become due and payable. 

Sec. 4. The court house of said county shall be erect- Court house, 
ed on the plat of grour.d known as the public square in said wheie erected, 
town of Beardstown. 

Sec 5. Returns of the elections for the county officers Eiectionsre- 
of said county, to be elected on the first Monday of Au- turns, 
gust next, shall be made in Beardstown, to O.M.Long, and 
Thomas Paguo, notaries of public inBeardstowm, whoshall 
open and examine the poll books of said election in the Po11 b ° oks how 
presence of one or more justices of the peace, in andfor° pene 
said county; and said notaries public, after due inspection 
and examination of said poll books, according to the laws 
of this state, shall make out certificates of the election of 
those persons who shall have received the highest number 
of votes, which certificates shall be such as those required 
to be made by the clerks of the county commissioners' courtj 
and shall receive and be entitled to the same effect in law; 
said notaries public in making the examinations of the poll I ? uty b ^" ota 
books aforesaid, and in making out the certificates of said 
election, shall pursue the same course directed to be pur- 
sued by the clerks of the county commissioners' court; and 
in case of the death or refusal to act, of either of said nota- 
ries public, the other shall proceed to act as though both 
were present, and shall make out all necessary certificates. Jud eof Istcir 
Sec. 6. The judge of the 1st judicial circuit, is hereby cuit ^ apP oint 
directed to appoint a clerk of the circuit court for said clerk, 
eounty, immediately. 

Sec. 7. The county school fund of Morgan county shall Duty of school 
be divided between the counties of Morgan and Cass, i n commissioners 
the following manner.: The school commissioners of said 
counties shall ascertainthe number of votes polled in the 
county of Morgan, in August, 1836, the number of votes 
•which may be polled in the county of Cass, in August 
next, and deduct the votes given in Cass from the number 
given in Morgan, at the time aforesaid, and divide the said 
fund between the two counties in proportion to the number 
of votes given in the said counties; the proportion due to 
the county of Cass, shall be paid over in money or notes, 
to the school commissioners of said county, and the same 

G 



50 PHACTICE, 

rule shall be applied and observed in the division of inter- 
est upon the school, college and seminary fund,' until after 
taking the next census. At the election for- county offi- 
cers in said county, in August next, poll books shall be 
opened and votes received, at the several precincts situa- 
ted in said county, heretofore established as election pre- 
cincts in the county of Morgan; and the persons appoint- 
ed judges of election at said precincts, shall act as judges 
of said election; and the said election shall be conducted 
and returns thereof made to the notaries public herein 
named, at the time and in the manner provided for in other 
elections; and in case any judge of election shall fail to at- 
tend, or refuse to act, the place shall be supplied as requi- 
red in other elections. All crimes and misdemeanors 
committed within the bounds of Cass county, subsequent 
to the day on which the certificate of the result of the elec- 
tions held for the creation of said county was admitted to 
record, by the county commissioners of Morgan county, 
shall be deemed and considered as having been committed 
within the county of Cass; and the courts and justices of 
the peace of Cass county shall have jurisdiction to hear 
and determine all prosecutions, indictments, and.proceed- 
ings, in relation to the service. The county treasurers' 
Duties oftrea™'. OJ f (^gg anc j Bureau, shall, upon their election, proceed to 

surer of Cass *••■.. ,v • . • ui l ;i ,• ■ r , • i 

and Bureau llst t,le taxable property in their respective counties, sub- 
counties ject to taxation for the present year; and to this end, the 
treasurer of Cass county shall be permitted to copy from 
the record book of Morgan county the list and descrip- 
tion of all lands, subject to taxation in said county of Cass; 
and the treasurer of Bureau county shall be permitted to 
make a like copy from the books of Putnam county. The 
list of taxable property shall be returned by the said 
treasurers, respectively, on or before the first Monday in 
October; and the sheriffs of said counties shall proceed to 
collect the taxes due upon said list, as early as practica- 
ble. 

Sec. [8.]= The county school fund of Putnam county, 
shall be divided between the counties of Putnam and Bu- 
reau, in the following manner and terms: The school' 
commissioners of two counties, shall ascertain the num- 
ber of votes which may be given in said counties on the 
first Monday in- August next, and. divide the fund between 
the counties, in proportion to the number of votes given; 
and the interest upon the school, college, and seminary 
funds, shall hereafter be divided between the counties up- 
on the terms aforesaid, until the next census shall be ta* 
ken. 

Approved, 21st July 1837, 



PROCESS 



51 



AN ACT to legalize Processes in the Circuit Courts of this Slate j a force 20ih 

July, 1337, 
Sec 1. Be it enacted by th<>, people of the State of Illinois, 
represented in the General Assembly, That all writs and pro- 
cesses, of whatever kind or description, issued by any of 
the clerks of the circuit courts of this state, prior to the 
passage of this act, and bearing teste in the name of the 
presidingjudge, shall be and the same are hereby declared 
to be good and valid in law, in respect to such teste; and 
no writs or processes shall be quashed, set aside, or held to 
be null and void, for any such cause. 

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

Approved, 20th July, 1837. 



AN ACT to amend an Act concerning Piocess, Approved February 35, | n force July 
1037, and for other purposes. 21st 1837. 

Sec. 1. Be it enacted by the. People of the State of Illinois, 
represented ir. the General Assembly , That all process, off'ocess issued 
whatever kind or description, issued by any of the clerks b ^ fil ^' ksd r 

r ., ... r .i • • i /• i -dared good, 

of the circuit courts of this state, since the first day of 

May last, when the above recited 'act took effect, and 

bearingteste in the name of the judge of said circuit, be • 

and the same is hereby declared to be good and valid in law, 

in respect to such teste, in the same manner as though 

said writs had ["borne! teste in the name of the clerks; and C1 „ . . 

L i ii i • i i i i i Shall not be 

no such process shall be quashed or set aside, or held to be quashed. 
null and void for any such cause. 

Sec. 2. The public printer shall immediately insert ia/Dutyof public 
his paper, and forward one copy of the above act, to each £™rks"to fi ]e . 
of the clerks' offices in this state, to be filed by said clerk 
in his office. 

Sec. 3. That when the guardian of the infant heirs of Guardian of 
Alexander McAllister, deceased, shall have filed with the Sj, to file" 
probate court of the county of Schuyler, a bond with good bond.' 
and sufficient securities, to be approved of by said court, 
in such sum as may be deemed sufficient by said court, con- 
ditioned for the faithful discharge of the duties enjoined 
by this act, said guardian shall be, and hereby is empow- 
ered to sell and convey by sufficient deeds, all or such p ower to sell 
number of the lots, belonging to the said Alexander Mc- lots of land. 
Allister, deceased, lying in and adjacent to the town of 
Rushville, in the county of Schuyler, as the court afore- 
said may deem most advantageous for the said heirs. 

Sec 4. The aforesaid probate court, may order said 



5-2 



RELIEF. 

lots to be sold for cash or on a credit not to. exceed ten 
years, at public or at private sale, as to said court may 
seem best calculated to secure the interests of the hens 
of said Alexander McAllister, deceased. 

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

Approved, 21st July 1 S3?. 



In foree 21rt AN ACT to change the names of Thomas Jefferson Sander* and Francis 
July, 1837. Hood - 

Sec 1. Be it enacted by the people of the State of Illinois, 
Name of San- represented in the General Assembly, That Thomas Jefferson 
deis changed. Sanders, of Perry county, in this state, shall herealter be . 
called and known by the name of Thomas Jefferson Mc- 
Dowell; and [in] the said latter name shall be capable of 
sueingand being sued, pleading and being impleaded, de- 
fending and being defended in all courts of law and equi- 
ty; and by the said name of Thomas Jefferson McDowell, 
shall be capable of making contracts, and of doing all 
other legal acts of whatever kind or description : Provided, 
That nothing herein contained shall invalidate any con- 
tracts heretofore made, or legal acts done and performed 
by the said Thomas Jefferson Sanders, known as Thomas 
Jefferson McDowell, whether such contract or act may 
have been made and performed in the name of Sanders or 
McDowell, but the same are hereby legalized. 

Sec. 2. Be it further enacted, That Francis Hood, of 
Nameof Hood Perry county, ol this state, shall hereafter be called and 
changed. known by the name of Francis Thornsbury, and by the 

last mentioned name, shall be capable of suing and being 
sued, defend and being defended, in all rourts and places, 
as fully and in the same manner as other individuals can 
by their own proper names; and shall be capable of con- 
tracting and being contracted with, and of doing and per- 
forming all other legal ar.^s and business of whatever kind: 
Proviso. Provided, That nothing herein contained shall affect or in- 

validate any contract, or other legal act, heretofore enter- 
ed into or performed, 

This act to be in force from and after its passage. 
Approved, 2 1st July, 1837. 



life 




RELIEF. 5 3 

AN ACT for the rolief of Nathaniel Tope and others. I" force 21 st 

July,18.T7 

Wheueas, from the number of persons, some known, p 
others unknown, some residents, and others non-residents of 
this state, and from the uncertainty who are interested, 
arising from the non-recording, in many instances, as it is 
believed, of the deeds under which some interested claim, 
a partition of the following described property, situate in 
Madison county, to wit: 

About eighty acres of land in the town of Alton, owned by 
Nathaniel Pope, John Reynolds, heirs of William B. 
Whiteside, heir of N. Edwards, and others, lying and being 
bounded as follows* to wit: Southerly on the Mississippi 
river and North street, northerly by the north line of said 
town, and westerly on Market street and Henry street, 
easterly by part section twelve and thirteen, in town 
five, north, range ten west, of the third principal meridian; 
the said tract of land in front of section eleven, same 
township and range; also, certain lots^owned by some of 
the beforementioned proprietors, lying upon Mechanics' 
square in said town, as the same was laid out in fractional 
section eleven, as laid out by Rufus Easton, which said 
land and lots are in common and undivided among the 
aforesaid proprietors, is extremely difficult, if not imprac- 
ticable, under the laws now in force, regulating partition 
of real estate, Therefore, 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That it shall and may Persons hue- 
be lawful, to and for one or more of those interested, jointly, rested in lands 
or as tenants in common of said parcels of land, to peti- ™^ t ^^ of 
tion the circuit court of the county of Madison as alorc- lan d 
said, for, on behalf of themselves and all others interested, 
jointly or as tenants in common with them generally without 
naming them, representing the difficulty and impractica- 
bility of a division of said parcels of land, and praying for 
a sale of the same; Provided, however, That a notice shall 
be given of the contemplated petition, by publication, for 
the space of eight weeks, in some newspaper printed in 
the county of Madison aforesaid, which notice shall de- 
scribe the land sought to be sold, and shall call on all 
those interested aforesaid, to appear at the presentation of 
said petition, and show cause, if any they have, why a sale 
should not be had. 

Sec. 2. If no good sufficient cause be shewn, the court, 
on due proof of the publication of the notice as aforesaid, 
and it appearing that a partition of said lands is extremely 
difficult, if not impracticable for the causes aforesaid, 
shall order a sale of said lands, and shall appoint three dis- ^ 
interested householders resident in said county of Madison, 




54 



RELIEF. 



Who may sell to mike sale of (the) same, who, or a majority of them are 

hereby authorized to seH the same. 
Tevmsofsale Sec. 3 The terms of said sale shall be : One fourth of 
and payment the purchase money cash, one fourth in six months, and 
the residue in twelvemonths, from the day of sale, the pur- 
chasers giving notes with approved endorsers for the pay- 
ment of the instalments payable in future. The sale shall 
be had on the premises, and before the term of court next 
succeeding the order of sale, notice shall be given by the 
Foui -weeks' commissioners, by advertisement published for four weeks 
notice to be gi- - in a newspaper printed in the county of Madison as afore- 

venofsale ^.^ Q f ^ ^^ termgj an( j pl ace G t sale. 

Sec. 4. It shall be the duty of said commissioners to 
subdivide the eighty acre tract of land, laying out the same 
into streets and lots, corresponding as near as may be 
S'SVaM out* with the plan of Alton, as now recorded in the recorder's 
office of the county of Madison aforesaid, agreeably to 
which subdivision the sale shall be made of the lots so laid 
out; and the streets shall be, and forever remain free pub- 
lic and common highways and streets. 
Shall report to Sec. 5. The commissioners shall report their proceed- 
pourt at next ings to the said circuit court, at the term thereof next suc- 
mceting ceeding said sale, with the names of the purchasers, the 

sums bid by them, and all other particulars of sale, which 
if approved by said court shall be valid and effectual; and it 
shall be the duty of the said commissioners or a majority 
of them, on full payment being made of the purchase mo- 
ney, to execute to the purchasers respectively, or their as- 
I'o make deeds signs, a deed or deeds for the lots purchased by them re- 
spectively, which deeds so executed shall be valid and ef- 
fectual, to pass to the purchasers respectively, or their 
assigns, an estate in fee simple to the premises purchased, 
discharged of all claim or title, which all or any person 
may have or have had in and to the same, and who is or 
was, jointly, or as tenant in common, interested petitioners 
aforesaid. 

Sec 6. That a plat of said subdivision of the aforesaid 
tract of land, certified by the commissioners aforesaid, or 
Plattobere- a ma J ori ty of them > shal1 be recorded in the office of re- 
corded corder of the county of Madison aforesaid, and a copy of 
the record of same, after having been filed by the keeper of 
the records, shall be received in all courts as full evidence of 
the subdivision aforesaid, and have the same effect as the 
original. 

Money to be Sec \ 7 ' That Hiemoney received by the commissioners 
paid to state aforesaid, after deducting all expenses, shall be paid into 
treasurer. the treasury of the state, there to remain until paid out as 
hereinafter provided. 

Sec. 8. That any person, or the representative of any 



RELIEF. a 

oo 

person, can serve as joint tenant or as tenant in common, 
«is aforesaid, in said property, may file his petition in the cir- 
cuit court of the county of Madison, aforesaid, showing 
his interest in said property; having previously given a no- 
tice by publication for four weeks in some newspaper print- 
ed in said county, after intention so to do, which notice shaft 
specify the interest claimed by him, there divided, and on 
said court being satisfied of his interest whatever it may 
legally appear to be, the court shall order a certificate un- 
der seal of court to issue in favor of the petitioner, which cer- 
tificate shall order what proportion of the purchase money 
aforesaid is due to the petitioners; and the said certificate 
shall entitle the person so found to be. interested, or his as- 
signs to the proportion of the money aforesaid expressed 
in the same, and shall be paid accordingly by the treasur- 
er of the state, out of the moneys so paid in by the commis- 
sioners aforesaid. 

Sec. 9. If any of the commissioners aforesaid shall die, Inca ? eofd . eath 
resign, or refuse to act, before the completion of the duties or res, s natKm - 
required of them by this act, it shall be the duty of said 
court in the term of the judge of same in vacation, on such 
death, resignation, or refusal being made apparent, to ap- 
point other householder resident of said county, to supply 
such vacancy, who shall act in the premises, and so on, a& 
often as any vacancy occur, as aforesaid. 

Sec. 10. The commissioners hereby appointed shall Commissioner*, 
each give bond with security, to be approved of the by said togne 
court or the judge in vacation, before entering on the duties 
of commissioner, for the faithful performance of the duties, 
required of him by this act, and shall receive for their ser- 
vices each, the sum of three dollars per day for every day 
they shall be necessarily employed in the duties aforesaid, 
and shall be entitled to retain out of the moneys received 
by them their compensation, and to pay out of the same alt 
other necessary expenses attending the execution of the 
duties hereby enjoined, the compensation and expenses be- 
ins: first allowed by the court aforesaid. 

ci i i mL / ; u u - • ■ l j When persona 

Sec 11. lhat in all cases where any person interested interested shall. 
as aforesaid, shall become the pu-rchaser of any part of said become pur-, 
land, the certificate issued in favor of such person snail be chasers -. 
received by the commissioners aforesaid, as so much money ; Certifies to^ 
and the certificate, with the receipt of the person entitled treasurer as 
endorsed, shall be received by the treasurer of the state as money. 
money to the amount of the receipt endorsed. 

This act to take effect from and after its passage. 

Approved, 2lst July, 1837. 



x****"?'^ 



56 RfcLIfcF. 

am ACT for the relief of Samuel A. Smallwood. 
In force, 3 1 st 

July, 1837. . fc#£^lffiwUpffo-Sfcif.M»*h 

represented in the General Assembly, That the county com- 
c^S^rnissioners of Macon county,., be, and they are hereby 
toappoim com- au thorized to appoint at least three disinterested Ireehold- 
missiouers to erg of g.,^ C ountv, remotely situated from the land herein 
value laud. r ired to be va|ucd> who> a f ter being dulygyorn befcw 
some justice of the peace of said county, fiat,} I ally and 
honestly to do and perform the duties required of.^hem by 
this act, shall, after having examined the same, proe^ed to 
value, without regard to the improvements, the southeast 
quarter of Section No. 5,- Township No. 19, north, Range 
3, east, of the third principal meridian, being the same 
whereon Samuel A. Smallvvood resides, which shall^be 
Make return to signed by said commissioners and forwarded to the Auditor 
auditor tube t State, to be filed and kept in his office. > 

filed. S EC# 2. After said valuation, so made and reported, «•; 

shall be competent for the said Samuel A. Smallwood, at 
any time between the advertisement of said land for sale , 
to pay into the Treasury of State, in gold or silver, the full 
amount of the valuation of said tract of land,as made by the 
Expenses, how CO mmissioners aforesaid; Provided, That said valuation be 
paid " not less than $1.25 per acre; and, Provided further, That 

all expenses of the valuation of said tract of land shall be 
paid by the said Samuel A. Smallwood. 
Approved, 4 iS st July, 1837. 



In force I lth 

July, 1837. AN ACT for the relief of Samuel G. Beckley, Administrator of the Estate 

of Isaac Cook, deceased. 



Powers of ad 
miuistrator to 



Sec. 1. Be it enacted by the people of the State of .Illinois,: 
represented in the General Assembly, That Samuel G. Beck- 
ley, administrator on the estate of Isaac Cook, deceased, 
inakedeed. of Champaign county, be, and .he is hereby authorized and 
empowered to make and execute a deed to the south half 
of the west half of the southwest quarter of section five, 
township nineteen north, of range nine east, to Bijamin 
Byers, as bought of the said Beckley, administrator afore- 
said, on the 17th day of December, 1835. 

Sec 2. And be it further enacted, That the aforesaid 
deed, made and executed in manner and form aforesaid, 
shall be taken and considered as if made, executed, and 
delivered on the 17th day of December, 1836, and shall 
be so considered and regarded both in law and equity. 



RELIEF. . . •/. ' 57 

[This bill having been laid before the council of revision-, 
and ten days not having, intervened before the adjourn- 
ment of the General Assembly, and the said bill not hav- 
ing been returned with the Objections of the council on 
the first day of the present special session of the General 
Assembly, 'the same has become a law. 

Given under my hand, the 1 1th dav of July, 1837. 

A. P. FIELD, Secretary of State, 



.:• 



■- 



ACT for the benefit of the infant heirs of YVm . B. Collins, deceased. In force 21st 

July, 1837. 



• Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Elizabeth W. 
'Collins, guardian of Adeline Collins, Maria C. Collins, 
William H. Collins, and Elizabeth A. Collins, infant heirs 
6f William B. Collins, deceased, on filing with the judge of 
probate of Madison county, a bond with good and sufficient 
securities, to be approved by said judge, conditioned for 
the true and faithful discharge of the duties enjoined by 
Ihis act; and that as guardian of said infant heirs, she will 
well and truly pay over to the judge of probate of said 
county, all the proceed* arising from the sale of lairds 
herein authorized, shall be and is hereby empowered to 
sell and convey, by good and sufficient deed or deeds, the 
following described lands, to wit: Two acres of land with 
an ox-mill thereon, bounded as follows: beginning at the 
northeast corner of Elizabeth Collins' land, on the high- 
way, and running with said highway east sixteen rods; 
thence south twenty rods, at right angles to the first line; 
thence west sixteen rods, parallel with said sixteen rods on 
said highway; thence north parallel with said east line 
twenty rods, to the place of beginning. Also, fifty acres in 
Collinsville.'inciuding the mansion house, lying north of the 
aforesaid high way , "running through the village of Collins- 
ville; and to include fifty acres, running back to the land 
of Horace Look, either at private or public sale, on giving 
due notice according to law; and upon such terms and 
credits as she may deem most conducive to the interest of 
her said wards. 

Sec 2. That so soon as the said Elizabeth W. Colima 
shall have made sale ot the real estate, described in the 
first section of this act, under the provisions therein con- 
tained, and after having paid over to the judgft of probate 
of said county, the full amount of the proceeds of such 
sale, she shall report her proceedings in the premises to 



i 



53 REVENUE. 

said judge of probate; and it shall be the duty of said judge, 
after the reception of said report, and the receiving of all 
the moneys derived from said sale, if he shall be satisfied 
that such sale was made without frauds or collision, to set 
off to said Elizabeth, and pay over to her in notes or mon- 
ey, so much as in his discretion is the true notice of her 
claim of dower, (if any she have) in said estate, and take her 
receipt therefor; and it shall further be the duty of said 
judge, together with the said Elizabeth, to vest the pro- 
ceeds of said sale, either in real estate, or loan the same 
on unincumbered real estate, at not exceeding one-half its 
appraised value, as in their opinion will best advance the 
interest of said infant heirs. 

[This bill having'been laid before the council of revision, 
and ten days not having intervened before the adjourn- 
ment of the General Assembly, and the said bill not hav- 
ing been leturned with the objections of the council, p.n 
the first day of the present special session of the General . 
Assembly, the same has become a law. ] 

Given under my hand, this 11th day of July, A. D. 
1837. 

A. P. FIELD, 
Secretary of Stale. 



In force July 

2,1837. AN ACT authorizing the Clerks of the County Commissioners' Courts to Hit 

certain Lands. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
Lands lying in represented in the General Assembly, That in all cases where 
any county, not ^ e seve ral clerks of the county commissioners' court of 
clerk by Audi- this state, shall come in possession of the fact, that there 
tor, oi listed by is land situated in the county in which he is acting as 
shaifT " 7 clerk, which land has not been transmitted to said clerk, 
by clerk of said by the Auditor of State, and which has been actually 
county. granted to any person or persons, and which has not been 

listed by any person, and that taxes are due and owing 
the state or county, which remains unpaid, said clerk 
Sold fo shall proceed to list the same, in the name of the person 

* ' or persons to whom said lands were granted; and k shatl pro- 
ceed to advertise and sell the same for taxes, as other non- 
resident lands are now sold. 
Approved, 2 1st July, 1837. 






REVENUE. . . 59 

AN ACT concerning the Public Revenue. ' • I n force July 

21 , 1837 . 

Sec. 1. Be it enacted by the People of the Stale of Illinois, 
represented in the General Assembly, That so much of the 
several revenue laws of this state, as requires the state 
treasurer to pay the county commissioners of McDonough 
county, lor the use of said county, any sum or sums of 
money, in lieu of her resid nt land tax, be and the same 
is hereby repealed; and hereafter the sheriff of said coun-Law repealed 
ty be required to pay to the county treasurer of the Dut y of&he r'ff« 
aforesaid county, the amount of tax collected by him, on 
lands lying in said county, at the same time and in the 
same manner as sheriffs are in the several counties in this 
state, other than those on the military tract. 

Sec 2. The provisions of the first section of this actrj u ty f sheriff 
shall-extend to the county of Peoria; and the sheriff of the Peoria county, 
said county of Peoria is hereby required to pay over the 
resident land tax of said county, in the manner therein 
provided, any law to the contrary notwithstanding. 

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

Approved, 21st July, 1837. 



AN ACT relative to the duty of County Treasurers and Sheriffs. In force July 

22, 1837. 

Sec. 1. Be it enacted by the People, of the State of Illinois, 
represented in the General Assembly, That hereafter it shall ^ u ° er < ; oun,5r 
be the duty of the county treasurer, of any county in this 
state, whenever any county order is presented for pay- 
ment, to endorse on the hack of any such order, the time 
when the same was presented for payment; and it shall al- 
so be the duty of the said treasurer, to set down in a book 
to be kept by him for that purpose, the amount and date 
of all such county orders, to whom made payable, and the 
time when presented to the said treasurer for payment; and 
all county orders shall be paid according to their original 
dates; and it shall be the duty 'of the county treasurer, 
whenever any money comes to his hands, to set apart the 
amount of the order presented as aforesaid, which money 
shill be kept by the treasurer until called for; and the 
said treasurer, when he goes out of office, shall deliver said 
book, containing a list of the county orders so presented, 
to his successor, who shall in all things act as though the 
entries of orders were made by himself. 

Sec 2. It shall hereafter be the duty of the sheriff of every Dutyof Bhenff. 
county in this state, to make out and^deliver to the treasu- 
rer of his county, on the first Mondays in January and 



CO ROADS. 

March, June and September, in each year, an account of 
the amount of revenue collected by him for the past year, 
stating particularly the amount collected in cash, and the 
amount collected in county orders, which account shall be 
kept by the said treasurers, subject to tlie inspection of any 
voter of the county; and in case any treasurer or ..'sheriff 
Failure to com- ghall fe y dr refuse l0 comply with the provisions of this act, 
ility. he shall be liable to a fine of fifty dollars, to be sued for in 
the name of the county commissioners' court, by any per- 
son or persons, by an action of debt, before any justice of 
the peace^or the circuit court of the county. 
Approved, July 22, 1837. 



ply. 

Liabi! 



In force 20th AN ACT to change a State Road leading from Rushville to Carthage-. . • 
July, 1837 "- 

. Sec. 1. Be it enacted by the people of the State of Illinois, j 

Comm' i represented in the General Assembly, That George Briscow, ." . 

appointed Solomon Pendowis, and David Atkins, be and they are' 
hereby appointed commissioners to review and relocate ■ i 
that part of the state road leading from Rushville, in Schuy- 
ler county, to Carthage, in Hancock county, which lies 
between Roll's mill and the Hancock county line. 

Time & place Sec. 2. Said commissioners, or a majority of them,. 

of meeting shall meet on or before the first Monday in October next; 
and being first duly sworn according to law, by some jus- 
tice of the peace, faithfully to discharge the duties herein 
required of thern, shall proceed to execute the same, and 

Shall make re- on or before the first Monday in December next, make a 

P ort report of their proceedings to the county commissioners' 

court of Schuyler county; and said court shall cause said 
road to be opened and kept in repair as other state roads 
are. 

Compensation Sec. 3. Said commissioners shall receive for their ser- • 
vices a reasonable compensation, to be paid out of the 
county treasury by order of said county court. So much 
of said road as said commissioners shall deem expedient 
to change is hereby vacated. 
Approved 20th July, 1837, 



"« 



% 



ROADS. gj 

AN ACT concerning Public Roads. . in force 20th 

« i r* • J»iy, 1837. ' 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That in all cases where 
commissioners were appointed to locate state roads by 
acts passed during the last session of the General Assem- 
bly, and said commissioners have from any cause what- 
ever failed to perform the duties required of them, they 
are hereby authorized to perform the said duties at any 
time previous to the twenty-fifth day of December next. 
Approved 20th July, ]837. 



AN" ACT to change a part of the State Road running from Vandalia to I„ force. 2Isi 
Jacksonville. July> lg37 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That John Bradshaw, Commissioneis 
-Peleg Sweet, and Joseph Waters, of the county of Mor- 
gan, be and they hereby appointed commissioners to view, 
mark, and change a part of the state road leading from 
Yandalia to Jacksonville. 

Sec. 2. The said commissioners, or any two of them, Time and place 
shall meet at the house of Matthew Sparks, on the first ofmeeti "g 
Monday in October next, or as soon thereafter as practica- 
ble, and proceed to locale and change that part of said road, Locafon of 
viz: Beginning at the mouth of the lane which divides the road 
lands of said Sparks and George Kirkmans, thence north 
twenty-five rods, thence a westerly direction until it in- 
tersects the old road near John Thorney's bridge. 

Sec 3. It shall be the duty of the commissioners afore- Time & place 
said to repair to the house of Samuel Woods, in town- ? { f a &?* Bie *l> m 
ship fourteen north, range nine west, and there proceed ing 
to alter a part of the aforesaid road, beginning and run- 
ning as follows, to wit: Beginning at the mouth of the 
lane between said Woods' and Ralph McCormick's, 
thence south thirty-five rods, thence an eastwardly direc- 
tion until it strikes the old road. 

Sec. 4. That the commissioners, or a majority of 
them, after being duly sworn before some justice of the Copy to be 
peace faithfully to perform the duties assigned them by filed 
this act, shall file a copy of their proceedings with the 
clerk of the county commissioners' court. Said commis- 
sioners shall be allowed one dollar and fifty cents per Allowance to 
day for their services, to be paid out of the county trea- 






62 



ROADS. 



»ury of Morgan county, and it shall be the duty of the 
court to issue their order accordingly. 

This act to take effect and be in force from and after 
its passage. ' x 

Approved, 2 1st July, 1837. 



In force 20th AN ACT legalizing the loeation of the State Road from KnSfcville to 
July, 1837 New-Boston. 

Whereas, By an act of the General Assembly of the 
Preamble gtate of fljj^j^ pasged on tne l3th day of February, 

1835, appointing commissioners to locate a state road from 
Knoxville to New-Boston, required said commissioners 
to be sworn by some justice of peace; and said commis- 
sioners having been sworn by the clerk of the county 
commissioners' court, thereby making it doubtful wheth- 
er said commissioners were legally authorized to locate 
said road: Therefore, 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the road as now 
Boad declared laid out from Knoxville, in Knox county, to New-Boston, 
a State road [ n Mercer county, be and the same is hereby declared a 
state road: and said road shall be opened and kept in re- 
pair as other roads are. 

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

Approved, 20th July, 1837. 



In force 20th AN ACT to locate a State Road in Vermilion County. 

July, 1837. J 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Alexander Mc- 
Donald, Andrew Mahemson, and Owen West, be, and they 
ap°Sted 0ne:9 are hereby appointed commissioners to view, mark, and 
locate a state road from Danville, in Vermilion county, 
on the nearest route to the county line between the 
counties of Vermilion and Champaign, where the county 
road from Danville to Urbanna, in Champaign county, 
crosses said line. 

Sec 2. The commissioners or a majority of them shall 

^^"^P^^meet at Danville, on the first Monday in September next, 

10 mB or within two months thereafter, and, after being first 



ROADS. 



63 



duly sworn before some justice of the peace, faithfully to 
perform the duties required of them by this act, shall pro- 
ceed to survey, mark, and locate said road, as is provided 
in the first section of this act, having in view the public 
good as well as the damages to private property, and shall, 
as soon as practicable thereafter, cause to be made a plat Plattobem ad8 
of said road, certified by them, which shall be filed in the 
clerk's office of the county commissioners' court of Vermil- 
ion county; and when said road is thus laid out it shall be 
considered a state road, and shall be opened and kept in 
repair as-other state roads are. 

Sec 3. The county commissioners' court of Vermilion 
county, shall allow the sum of two dollars per day, each, to Compensation 
said commissioners, for each day necessarily employed in 
said view and location, together with a reasonable allow- 
ance for such necessary hands as they may employ. 

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

Approved, 20th July. 1837. 



AN ACT to re-establish a certain Road therein named. In force 20th 

Ji'ly,1837 

' Whereas, The record of the survey of that part of the p , 
state road leading from Springfield to Decatur (by the way ieam e 
of Dingman's ferry, on the Sangamon river) as lies between 
Springfield and the east end of Burns' lane (distance about 
ten miles) has been mislaid or lost; Therefore, 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the Genet al Assembly, That said road, as now 
travelled, be, and the same is hereby declared a public j^°^ d declaied 
highway, and shall be worked and kept in repair as other a 
state roads in said county. 

Sec 2. The county commissioners' court of said county 
shall, at their next regular term, appoint three disinterested how aputrinted 
householders to review so much of said road as lies between 
the public square in the town of Springfield and Reed's 
starch factory, on said road, and survey the remaining part MaJ{e p j ato f 
as is now travelled, and make a complete survey and plot survey 
of said road and present the same to the clerk of the county 
commissioners court of Sangamon county, who shall make Clerk t°make 
record of the same, and file the original in his office: said ^ cor 
commissioners shall be allowed a reasonable compensation ompensa l0n 
for their services, to'be paid out of the county treasury of 
said county. 

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

Approved, July 20, 1837. 



C4 ROADS. 

In force 20th AN ACT to re-locate a part of a State Road in Edgar County. 

July, 1837. • '•; •'• _ .....:•.. ., 

Sec. 1. Be it enacted bv'the jxebple. of the State ofillinois^ 

represented in the General Jlsssmbly, That Henry.. Beatty, 

Philip B. Smith, and William S.te-phenSj of the county of 

Commissioners Edgar, are hereby appointed. <pm mission crs-'to relocate a' 

appointed part of the state road leading frorri Grand view ,"-in Edgar 

county, to Livingston, in Clark cp.unty. '■! 

Sec. 2. Said commissioners, or a majority of them, shalt 
Time and place meet at the house of Elijah Wells, in said county, on the 
ot meeting. £ rs j. Monday in September next, or within thirty days 
To take oath thereafter, and after being duly sworn by some justice of 
the peace of said county to faithfully and impartially re- 
locate said road, shall commence at or near the crossfpg of 
the creek west of said Wells farm, and re-locate sai$'roadT 
along the margin of the creek, upon the most suitable 
ground, so as to intersect said road again at the most suit- 
able place about a quarter of a mile south of said Wells' 
farm, and when the said road shall have been thus re-loca- r 

ted it shall be deemed a public state road and shall be "'', 
State road. i j. • • i 

kept in repair as such. 

Sec 3. Said commissioners shall be entitled to one 

Compensation dollar per day, each, for their services, to be paid out of 

the county treasury. 

Approved, 20th July, 1837. 



In force 20th AN ACT to locate a State Road from the Indiana line, northwest to- the state 
July 1837. line in a direction for Madison, 

Commissioners Sec 1. Be it enacted by the people of the State of Illinois, 
appointed. represented in the General Assembly, That William Smith of 
Will county, J. M. Warren of Cook county, and Z. Beards- 
by of McHenry county, be, and they are hereby appointed 
commissioners to view, survey,and locate, a State Road from 
Line of road. t he Indina line, where the old Indiana Sac trail crosses said 
line, to Lockport, thence to Napiersviile, thence to War- 
renville, thence to Dandee, thence to the count/ *eat of ' 
McHenry county, thence to the state line' in a direction for 
Madison. 

ofme t plaCe ^ EC ' ^' Said commissioners, or a majority of them, shall 
o meet g. meet a t Lockport, on the first Monday in October next, or 
as soon thereafter as convenient, 'and after bein» duly 
sworn before some justice of the pr-a'ce, faithful^/ to dis- 
. charge the duties required of them by this act; shall pro- 
ceed to view, survey, mark, and Iccate said road, on the 
best route, having a due regard to the public good, and as 



m 



ROADS. t 65 

soon thereafter as practicable, cau.se.to *be made a map of Map of survey 
the survey of said read, certified by them, and forward a copy b y the,n - 
thereof to the clerk of the county. commissioners' courts, of 
each of the counties through 'which said road shall pass, 
which shallbe by him filed in l)is office; and the said road thus 
laid out, shall . be, and is.-hereby declared a public state 
road, andU&all be opened and kept in repair in the same 
manner aV other public .reads are. 

Sec ~3i The county commissioners' courts of the seve- Compensation ; 
ral counties through which said road shall pass, shall allow 
said commissioners such compensation as to tj^cm shall ap- 
pear reasonable and just, together with a reasonable com- 
pensation for one surveyor, two chain carriers, and one 
marker; whieh several sums shall be paid by the counties 
through which said road shall pass, in proportion to the ex- 
tent of said road in each county. 

Approved, 20th July, 1837. 



AN ACT to establish a State Road 1'roin Beardstown, in Cass county, to Peters- j n f orce 20th 
burg, iu Sangamon county. j^ JQ37. 

Sec. 1. Be it enacted by the people of the Slate of Illinois, Commissioners 
represented in the General Assembly, That Henry McHenry, appointed. 
SolomonjPenny, and Isham Revis, be, and they are hereby 
appointed commissioners to view, mark and locate a state 
road from Beardstown, in Cass county, thence as near as 
the ground will permit, by way of the town of Richmond, 
and Robinson's Mill, to Petersburg in Sangamon county. 

Sec. 2. Said commissioners, or a majority of them, shall Time & place 
meet at Beardstown, on the first Monday in September of meeting, 
next, or on any other day which they may agree upon, with- . ^ • . . ' 
in six months from the passage of this act; and after being w.' - 
duly sworn by some justice of the peace, faithfully to per-Tobesworri. 
form the duties herein required; shall proceed to view, 
mark and locate said road, as above described, avoiding as 
much as the public interest will permit, the injury of pii- 

vate property. 

Sec 3. Said commissioners shall make out a complete ^apjiidreport 
map ajid report of the location of so much of said road as w ei?ne ' 
lies in the county of Cass, and file the same with the clerk 
ofthecounty commissioners' courtof the said county ol Cass; 
and a like map and report of so much as lies in the county 
of Sangamon, and file the same with the clerk of the county ^ p K e lt m v a h p ei a 6 n 
commissioners' court of, said county of Sangamon. riled. 

Sfc. •*. Said road shall be and remain a state road, and 

I 



6 g ROADS. 

shall be opened and kept in repair us other state roads 



arc. 



Sec. 5. The county commissioners' courts of the said 
lompensa 10n • countieg of Cass and Sangamon, shall allow said commis- 
sioners such compensation as" they may deem reasonable. 
Approved, July 20th, 1837. :> * r . 



In force 20th AN ACT t0 re i ocate a part of the State Road leading from Ma-ysville to Shel- 
July, 1837. byville. 

Commissioners Sec> j Bq £ cnaded by L j ie peop i e f the State of Illinois, 
represented in the General Assembly, That John Doathct, 
William Manning, and Jacob Elliott, of Shelby county.,_be 
and they are hereby appointed commissioners to view, 
mark, survey and locate that part of the State Road leading 
from Maysville to Shel byville, that lies within the county ; 
of Shelby. 

Time and place S EC , 2. Said commissioners, ora majority of them, shall 

of meeting. mect at ^e house of John Doathct, on or before the 25th 
day of December next, or within one month thereafter, and 
after being firstduly sworn before some justice of the peace 
faithfully to discharge the duties herein required, shall 
then proceed to discharge the duties enjoined on them 
by this act; and on or before the first Monday in March 

Report. n ext, shall make a report of their proceedings to the county 

commissioners' court of Shelby county, and said court shall 
cause said road to be opened and kept in repair as other 
state roads. 

ployassistant"" ^ EC * **• The sa ^ commissioners shall have power to 
employ all necessary surveyors and chain carriers to ena- 
ble them to perform the duties enjoined on them by this 
act. 

Compensation. ^ Ec * ^' T ne sa *d commissioners, appointed under the 
provisions of this act, together with the chain carriers and 
surveyors, shall receive out of the county treasury, such 
reasonable compensation for their services as may be 
deemed just and equitable by the county commissioners' 
court; and so much of said road as said commissioners shall 
deem expedient to change, is hereby vacated. 
ArpuovED, 20th July, 1837. 



ROADS. 07 

AN ACT to locate a State Road from or near George R. Logan's, to Tecum- f n force 20th 
seh, in White county. j uly) 1837 

Sec 1. Be it enacted by the people of the State of Illinois, Commissioners 
represented in the General Assembly, That George R. Logan, a PP omted - 
John Shipley, and Reuben* Long, be and they are hereby 
appointed commissioner's, to survey, mark, and locate, a 
state road, from or near the house of George R. Logan, 
in White, county, to Tecumseh, on the Great Wabash 
river. > 

Sec. 2. Said commissioners, after being duly sworn be- To be swoin • 
fore some justice of the peace, faithfully to discharge the 
duties herein enjoined, shall, or a majority of them, meet at 
the house of George R. Logan, on the first Monday in Sep- J mee™^ * 
tember next, or as soon thereafter as may be convenient, 
and proceed to mark, survey, and locate said road; and as 
soon as practicable, said commissioners shall make a re- Shall make re- 
port of their proceedings to the county commissioners' court P ort * 
of White county, which report shall be filed with the clerk Where filed. 
of said court; and the said road thus laid out, shall be, and 
is hereby declared a public state road, and shall be Declar "' a 
opened and kept in repair as other state roads. 

Approved, 20th July, 1837. 



AN ACT to locate a State Road from Apanooce, in Hancock county, to the In force J?0th 
Drowning Fork of Crooked Creek, in McDonough county, and to vacate July, 1837. 
part of a State Road. 

Sec 1 . Be it enacted by the people of the State of Illinois, Commissioners 
represented in the General Assembly, That John R. Ather- appointed 
ton and Jalus A. Beebe, of the county of Hancock, and 
Robert Alexander, of the county of McDonough, be and 
they are hereby appointed commissioners to view, mark, 
and locate a state road from Edward White's ferry, in 
Hancock county, the nearest and best route, to intersect 
the state road leading from Beardstown to Commerce, 
where said road crosses the Drowning Fork of Crooked 
Creek, in McDonough county, having in view the perma. 
nency, and a due regard to the public convenience, doing 
as little- private injury as possible. 

Sec 2. The said commissioners shall meet on the Time of meet- 
first Monday in September next, or as soon thereafter as ing 
practicable, at the town of Apanooce, in Hancock county, Place 
and after being duly sworn by some justice of the peace 
of said county faithfully to discharge the duties required 



» - 



68 .» ROADS. 

of them by this act, shall proceed to locate the said road, 
designating the same by ploughing or staking in the prai- 
rie, and marking the trees in the timber, and as soon as 
ep ° rt practicable thereafter cause to be made out a report of 

the same, and return a copy thereof to the clerk of the 
county commissioners' 1 court of each of said counties, 
which shall be by him filed in his office; and said road, 
thus laid out, shall be and is hereby declared a public 
State road . state T0 ^ an( j sna }i b e p e ned and kept in repair as other 

state roads are. 
Commissioners Sec 3. The said commissioners, or a majority of 
may call asas them, shall be authorized to proceed and lay out said road 
tance as required by this act, and call to their assistance such 

other help as may be necessary for the location of the 
same; and the county commissioners' court of each of 
said counties shall allow said commissioners, and such 
other hands as they may necessarily employ to assist 
them, a reasonable compensation for each day employed , 
in locating said road, to be paid out of each of said coun- 
ty treasuries, in proportion to the distance said road may 
pass through the same, where said commissioners shall 
Report e h ave flj e( j a copy of said report as recited in this -act, 
duly certified and attested by them. 

Sec. 4. That all that part of the state road leading 
fated I Va " fr° m Beardstown to Commerce, as lies between the 
Drowning Fork of Crooked Creek, in McDonough coun- 
ty, and Commerce, in Hancock county, be and the same 
is hereby disannulled and vacated. 
Approved, 20th July, 1837, 



In force 21st — ^ ACT to locate a State Road from East Nelson, in Shelby county, to 
July 1837. Leroy, in McLean county. 

Sec. 1. Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That Seth N. Mon- 

Commissioners ta S ue ? f She % county, John Dickey of Macon county, 

appointed and Oliver Barnett of McLean county, be and they are 

hereby appointed commissioners to view, mark, and 

locate a state road from East Nelson, in Shelby county, 

, - to Leroy, in McLean county, via Murfreesboro' and Ma- 

.. -.- ' rion, in Macon county. 

Time &. place Sec 2. The said commissioners, or a majority of 

of meeting them, shall meet at East Nelson on the first Monday in 

September next, or as soon thereafter as convenient, and 

after being duly sworn before some justice of the peace, 



ROADS. 



CO 



shall proceed forthwith to view, mark, and locate said 

road on the nearest and most suitable route from point to 

point, taking into view its utility and permanency as a 

public road. They shall mark said road by blazing the shall mark' 

trees in the timber, and setting suitable stakes in the road 

prairie, and they shall also cause a survey and map or plat 

of said road to be made, one copy of which shall be filed 

in the office of the county clerk in each county through 

which said road passes. 

Sec. 3. The county courts of the respective counties Compensation 
shall cause said roads to be opened and kept in repair as of commiss '"« 
other state roads; and shall pay said commissioners, to- 
gether with such necessary hands as they may employ, a 
reasonable compensation for their services, each county 
paying its proportionate share, according to the time and 
labor necessary to locate said road within their respective 
limits. ~— ' — v^ 

Approved, 21st July, "1S37.-. 



AN ACT to change part of a Road therein named. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That so much of the 
state road leading from the west end of Court street, in 
the town of Paris, in Edgar county, towards Springfield 
and Grandview, as lies within sixty rods of the west of 
said street, and which riiflfcon the land of Leander Mun- 
sell, may be so altered as to run straight with the said 
street fifty-five rods west, thence angling so as to intersect 
the present road: Provided, In the opinion of the county 
commissioners the said alteration will not be detrimental 
to the public interest; and Provided, also, That no ex- 
pense shall be incurred by the public thereby, nor injury 
to private property. 

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

Approved, 2lst July, 1837. 



In force 2tat 
July, 1837. 



70 



ROADS. 



In force 21st AN ACT to locate a State Road from Alton to Ellas Gwinn's. 

July, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General .Assembly, That Josiah Little and 
Alexander Hart of Madison county, and Moses True of 

Commissioners Macoupin county, be and they are hereby appointed com- 

appointed m i ss i ners to view. mark, and locateastate roadfiom Alton, 
by way of Upper Alton, to the ford at Josiah Little's, on 
the East Fork of Wood River, thence on the shortest and 
best route to Bunker Hill, in Macoupin county, and from 
thence the road as now travelled to Elias Gwinn's, on 
the Dry Fork of Macoupin Creek, shall be and the same 

State road is hereby declared a state road; and the review and 
survey of said road shall continue no further than Bunker 

Hill. 

Time & place g EC . 2. The said commissioners, or any two of them, 

P f meeting sha u meet at Bunker Hill on the second Monday in Au- 
gust, or within ninety days thereafter, and after having 
been duly sworn by some justice of the peace for the 
faithful performance of the duties enjoined upon them 

How to mark ^ ^[ s act, shall proceed to view, mark, and locate said 
road, by setting stakes in the prairie, and blazing the trees 
in the timber; and shall make out and return a complete 

T . plat of so much of said road as lies in each of said coun- 

map ties through which said road may pass, and return the 

same to the clerks of the county commissioners' courts of 

said counties respectively, by the third day of the De- 

Wheefii d c emDer term °f sa ^ courts, to be by them filed and pre- 
served in their offices; and said road, when so laid out, 
shall be opened four rods wide, and kept in repair as 
other state roads arc. 

Compensation Sec * 3# T he count y commissioners' courts of Madison 
and Macoupin counties shall allow to said commissioners, 
and all persons necessarily employed in surveying, mark- 
ing, and locating said road, a reasonable compensation for 
their services, to be paid out of their county treasuries in 
proportion to the time employed in each county in loca- 
ting said road. 

Approved, 21st July, 1837. 



•< .*#■ 



y 



ROADS. 



71 



A>i ACl' to Relocate a part of the State Road leading from William Crow's' [„ f orC e 21st 
in Morgan County, to Musick's Bridge, in Sangamon County. jj., 18J7, 

Sec. I. Be it enacted by the people of the Slate of Illinois, 
represented in the General Assembly, That Reuben Harrison, 
Dollis Scott, and Elihu Bone, be, and they are hereby, ap- Commissioners 
pointed commissioners to view, mark, and relocate so a PP oillted 
much of the state road leading from William Crow's, in 
Morgan county, to Musick's bridge, in Sangamon county, 
as lies between the head of Richmond creek and the San- 
gamon river. 

Sec. 2. Said commissioners shall meet at the house of T . , 
Peter Cartright, on the first Monday in September next, f meeting * 
or on any other day agreed on by them within six months 
from the passage of this act, and after being duly sworn 
shall proceed to relocate the part of the said road above- 
mentioned, avoiding the injury of private property as 
much as the public convenience will permit. 

Sec 3. Baid commissioners shall make a map and re- Shall mate 
port of said relocation, and file the same with the clerk of ma P 
the county commissioners' court of Sangamon county; 
and shall receive out of the treasury of said county such Com P en saUon 
compensation as the county commissioners may deem rea- 
sonable. 

Sec 4. The road as now travelled from Springfield Road j™' 7 ' 
to Rochester, both in Sangamon county, be, and the same Roister d °. 
is hereby declared a state road, and shall be worked and dared a State 
kept in repair as other state roads are. Road 

Sec. 5. That Samuel K. Miller, James Fyffe, and . . 

,. .. , , . , , • , j Commissioners' 

James Lanterman be, and they are hereby appointed com- appointed 
missioners to view and locate a state road leading from 
Lawrenceville to Russelville, in Lawrence county. 

Sec. 6. The said commissioners shall meet in Law- .^^ 
renceville,onor before the second Monday in August next, ofme eting 
or as soon thereafter as convenient, and after being sworn 
by some justice of the peace impartially to locate the 
same, they shall commence at Lawrenceville, thence by 
James Nabbs' bridge, across the Embarrass river, to the LineofRoaa 
centre school house in Allison prairie, and from thence to 
Russelville on the most convenient and practicable ground, 
doing as little injury to private property as possible. 

Sec 7. The said commissioners shall, as soon as con- Report t0 t * 
venient, cause to be filed with the clerk of the county filed 
commissioners' court of Lawrence county, a report and 
complete map of said road, which report and map shall be 
preserved and shall form a part of the record of said court. 
Said road, when so established, shall be kept in repair as 
other state roads arc; and the county commissioners' court 



72 



ROADS. 



of Lawrence' county shall allow the said viewers not more 
Inhabitants of than one dollar and fifty, cents per day for their services. 
Petersburg may .Sec. ' 8. The inhabitants of the town of Petersburg, in 
be incorporated g^gamoji county, may hereafter be incorporated accord- 
ing to the provisions of the general town incorporation 
act, notwithstanding said town may hot contain one hun- 
dred and fifty inhabitants. 
Approved, '2 1st July, 1837. 



In force 21st 
July, 1837. 



AN ACT concerning a State Road in Edwards County. 



Sec. 1. Be it enacted by the people of the State of Illinois ■, 
Commissioners represented in the General Assembly, That Archibald Spring, 
appointed Daniel Ingraham, and Cad W. Jones, of "Edwards county, 
be, and they are hereby appointed commissioners, any 
two of whom may ace, to lay out, survey and mark, a road 
commencing at Albion, in Edwarc s county, and running 
Platt0bemade thence to Henry 1. Mills' in Edwards county, and make 
a plat thereof and file the same with the clerk of the coun- 
Compensation ty commissioners' court of Edwards county; and the 
county commissioners' court of said county shall make a 
just and equitable allowance to each of said commission- 
How paid ers for all time and necessary expense in laying out, sur- 
veying and making, and filing a plat of said road, which 
shall be paid out of the Treasury of said county of Ed- 
wards. 

Sec. 2. The commissioners shall proceed to lay out, 

survey, and mark said road, the nearest way and best 

ground, having due regard to the interests of individuals 

through and near which said road may pass. 

• Sec 3. When said road shall pass through improved 

assessed ° W lands of private individuals, said commissioners shall also 

proceed to assess such reasonable damages as each may 

suffer thereby, which shall be paid by the county com- 

*,,. . missioners of said county. 

bf meeting P aCe Sec. 4. Said commissioners shall meet at the town of 
Albion on the first Monday in September next, or as soon 
thereafter as may be convenient, and after having been 
sworn by some justice of the peace of Edwards county^ 
faithfully to discharge the duties enjoined by this act, 
shall proceed to the discharge thereof. 
Approved, July 21s-t, 1837, 




ROADS. .. 3 

AN ACT to locate a State Road from Salem, in Maviou Comity! to'-Charle,- r, ft. . 01 . 
ton, iu Coles County. ' * * \ . t , iq*» 

July, 183/. 

Sec. 1. Be it enacted by the people of. the State of [Hindis, 
represented intfie -General Jjssembly, That Hugh Eagan„' of 
the county of Marlon, John Martin, of the county of Effing- 
ham, and Theton E. Bal'ch;bf. the county .of Coles, be, and 
the same are hereby appointed commissioners to view and Commissioners 
locate a statoroad from Salem, in Marion county, to Ew- a .PP ointet J to 
ington, in Effingham county, thence to Charleston, in Coles HZ Sad 
county, on the nearest and best ground, so as not to inter- 
fere with farms, ; as much as possible. 

Sec. 2. It shall be iheduty of said commissioners, or a 
majority of them, to meet at Salem, on or before the first Time & gjact 
Monday in December next, and after having taken an oath of meeting 
or affirmation, before some justice of the peace, faithfully 
and impartially to perform the duties required by this act, R e(uln to be 
to proceed to mark and lay out said road above mentioned, made to county 
and shall make due return thereof to the next county com- conim issioners' 
missioners' court of each county. court 

Sec 3. The county commissioners of the counties of 
Marion, Effingham, and Coles, may allow out of the county 
treasuries respectively, a reasonable compensation for their Compensation 
services; and the said county commissioners shall order 
the same to be opened and kept in repair as other state 
roads are. 

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

Approved, 2lst July, 1837, 



AN ACT to relocate certain Roads therein named. In force 3ist 

July, 1837. 

Sec 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Joshua P. Crow, 
Reddick Horn, and Stephen Lee, are hereby appointed Commissioners 
commissioners to review, mark, and relocate that part of ^locate 6 
the state road leading from Springfield to Beardstown, 
which lies between Archibald Job's and William Babb's 
bridge: said commissioners shall meet at A. Jobs any time 
before the first of January next, and being first sworn by To be sworn 
some justice of the peace, shall proceed to perform the 
duty herein imposed upon them: said commissioners shall 
make a full report of the location of said road to the county Make full 
commissioners' court of Cass county; and after the road so repmt 
relocated by them shall be opened, the former survey of 



u 



ROADS, 



The 



appointed 



Road vacated the part of said road so relocated shall be vacated. 

county cprnrmssionerV court of the county of Cass shall 
Pay for sen-ices a jj ow to sa id commissioners a reasonable allowance for 
rendered ^ f scrvice8j out of the county treasury, ' 

Sec. 2. That Julius Elmore, of Sangamon county, 
Thomas Boycc and J. R. Bennett, of -Morgan county be, 
Commissioners anc i they are hereby appointed commissioners to view, 
mark, and locate a state road, commencing at a mile 
post south of Petter Cartright's, in Sangamon county, 
thence to William Crow's, in Morgan -county, running as 
near as practicable to the old road leading'from one point 
to the other, and there intersect the road laid out by the' 
county commissioners' court- of Morgan county, lead- 
ing to Princeton, and then west with said survey as 
far as Stark Giliiams, thence through the settlement of 
Henry Keltn-or's timber, thence to the head timber of Wal- 
nut Grove, thence to New Virginia. 

Sec. 3. That said commissioners, or any two of them, 
shall meet at the house of Petter Cartrigbt,in Sangamon 
county, on the second Monday in August next, or as soon 
as practicable thereafter, and before entering on the dis- 
charge of their duties shall take an oath before some jus- 
tice of the peace of Sangamon county,- faithfully and 
impartially to observe all the duties enjoined upon them 
by this act, shall proceed to view, mark, and locate said 
road, beginning and touching the points as named in sec- 
tion second. 

Sec. 4. Said commissioners shall cause a map or sur- 
vey to be made of said road, to be fifed in the office of the 
clerks of the county commissioners 1 courts of Sangamon 
and Morgan; and the county commissioners' courts of each 
county through which the road shall pass, shall allow the 
said commissioners" such compensation for their services 
as shall be just and reasonable in proportion to the servi- 
ces rendered in each county. 

Sec 5. Said road shall be opened and kept in repair as 
other state roads arc, and shall take effect and be in force 
from and after the passage of this act. 
Approved, 21st July, 1837. 



When & where 
to meet 

To be sworn 



Make map 
Where filed 



Tay of 



I i force 21 m 
July, 18 J7 



AN ACT to locate certain State Roads therein named. 



Sec. 1. Be it enacted by the people of the State of Illinois^. 

represented in the General Assembly, That Benjamin Harris, 

Commissioners William Munson, and Levi Lee, be and they are hereby 

appointed. appointed commissioners to view, survey, mark, and locate 



ROADS. 7 5 

a state road beginning at the town of Munson, in Lasalle Road from 
county, from thence to Pawpaw Grove, Plum Thicket, Munson to 
Loblolly, mouth of Sycamore, Winncbngo, the mouth f stateline 
Pickatolica, then.ce north to the state line; and that Ben- 
jamin F. Findley^ Joseph McCarty, and Rufus Calton, be Commissioners 
and they are hereby' appointed commissioners to view, appointed to 
survey, mark-, and locate a state road, beginning at Mc- i ocate „ 10 A d 

r< i i -II ?■ f< t> ■ ■ >tr , r a ,i from M'Cartys 

Carty s mills oi^r ox Kiver, in Kane county, Jrom thence mills to Oregon 
to Caltonsville, Lee's mills, mouth of Kishwakec, Blooming- 
ville, to Oregon-; and that C. W. Reynolds, Albert Moon, 
and James Breckenridge, be and they are hereby ap- 
pointed to view, survey, mark, and locate a state road Commissioners 
from Peru, in Lasalle count} - , to the state line between appointed to 
Illinois and Indiana, in a direction to Lafayette on the ^ e; p 10ad 
Wabash, by Lowcl, Webster, Pontiac, to the state line; the state line 
and that John C. Philips, William Munson, and Alvey Commissioners 
Culney, be and they are hereby appointed commissioners a PP° mtecI t° 

. •> ' J , i'i- a * ir ti- mark road Irom 

to view, survey, mark, and locate a state road irom Juliet juiiettetoRock 
to Rock Island, by Georgetown. Island 

Sec. 2. Said commissioners, or a majority of them, 
shall meet at the points of beginning of the aforesaid roads, 
on the first day of September, or as soon as practicable, Time of meet- 
and, after being first duly sworn before some justice of the^s 
peace, shall proceed to locale said roads on the nearest 
and best routes, taking into view the public good. 

Sec. 3. The several county commissioners' courts shall 
pay such reasonable compensation as they may think just Compensation 

* V . , . . . r A , , ,i c ■ i j • i to be paid by 

and ng ;t, in proportion to the length oi said road in each comU y C0Ul . ts 
countj . , 

Sec. 4. Said commissioners shall, within twenty days 
after the location of said roads, file a plat of the survey «« to be filed 
with the clerk of the county commissioners' courts of the 
several counties through which' said roads may pas*. 

Sec. 5. That John W. Lott and Miles Bennett, of 
Greene County, and Austin S. Wilson, of Macoupin county, CommUs ; onera 
be and they are hereby appointed commissioners to view, to locate state 
survey, mark, and locate a state road from Carlinville, in j *'^ ™ Cai " 
Macoupin county, by way of Jerseyville, to Grafton in g"^ 10 
Greene county, varying as little a3 practicable from a 
direct line, having in view the most eligible i outc, its perma- 
nency, and due regard to the public convenience. 

Sec. 0. That said commissioners, or a majority of them, 
shall meet on the first day of August next, or within six TCjne& P lace 
months thereafter, at Carlinville, and being first duly sworn ° mee ,ns 
before some justice of the peace faithfully to discharge the 
duties required of them by this act, shall proceed to survey, 
mark, and locate said road, and as soon as practicable ^ made an J 
thereafter, cause to be made a map of the survey of said sen t to each 
road, certified by them, and forward copies thereof to the ctark 



7 6 ROADS. 

clerk of the count) commissioners' court of each county 
through which said road may pass, which shall be by them 
filed in their offices; and the said road thus laid out shall 
Road declared be and is hereby declared a public state road, and shall be 
public opened and kept in repair in the same manner as other 

public roads are. 

Sec. 7. Said commissioners shall receive a just and 
Compensation fair compensation for all' the necessary time employed in 
said work, together with a reasonable compensation for 
one surveyor, two chain carriers, and one marker, which 
shall be paid by the counties respectively through which 
said road may pass, in proportion to the distance in each 
county through which it may p&ss. 

Sec. 8. This act shall not take effect, so far as regards 

Macoupin county, until it is accepted by the order of the 

county commissioners' court of said county, on application 

of the citizens of the county on said route This act in 

Actpsssed last force from and after its passage. 

se^ion shall g EC> Q> That so much ol an act passed at the last sea- 

red y 10 StH ' n sion of the General Assembly, as declares a certain county 
road which runs from Charleston, in Coles county, to 
Hitesville, shall apply to the south county road running to 
and from the abovementioned towns. 
Approved, 21st July, 1837. 



In force 21st "AN ACT to locate a State Road from Canton to Knoxville, and for other 
July-, 1837. purposes. 

Commissioners Sec 1. Be it enacted by the people of the State of Illinois, 
appointed. represented in the General Assembly, That Henry Emery, 
and Starling*Turner, of Fulton county, and George New- 
man of Knox county, be and they are hereby appointed 
commissioners to view, lay out, locate, and survey a state 
road from Canton, by Middlegrove, to Knoxville. 
Timeand place Sec. 2. Said commissioners shall meet at Canton on 
of meeting. the first Monday in September next, or within three months 
thereafter, and after being duly sworn before some justice 
of the peace faithfully to perform the duties required by 
this act, shall proceed to survey and locate said road as 
required by this act, having in view the convenience of 
the inhabitants and the permanency thereof. 
Shall make plat Sec 3. As soon as practicable after said road is loca- 
of survey. te( ^ g^ commissioners shall make or cause to be made a 
plat of so much of said road as lies within the respective 
counties, and transmit the same to the clerks of the cdunty 
commissioners 'court of the respective counties through 

.. :-t- ■: 

- 



ROADS. -~ 

I i 

which the same may pas?, which shall be filed and preserv- File with clerk 
ed in the office of said courts; and [said] road shall of county: 
be opened and kept in repair as other state roads are. 

Sec. 4. The county Commissioners' courts of the re- Com P eBSatio »- 
spective counties through which said road shall pass, shall 
allow said commissioners and ali others rendering services, 
a reasonable compensation, to be paid out of their county 
treasuries, in proportion to the distance said road shall be 
located in the same. 

Sec 5. AhiraSandersj Absalom Maxwell, are appoint- Commissioners 
ed commissioners to view and locate a state road, and are appointed. 
required to meet at Lewiston on the the last Monday in Time &p'-ace 
September next, or at such time thereafter as a majority ol niceting " 
of them may agree upon, and after being duly sworn, shall To be sworn. 
proceed to survey and locate a state road from Lewiston, 
viaj Jackson Grove and Fairview, to Knoxvillc, on the 
the most suitable ground for a permanent road; doing as 
little injury to farms as the public good will permit;' and Ifl . oadinterse cs 
if said road shall intersect a state road leading from Can- state road com- 
ton to Knoxville, the said commissioners are not required missioned not 
to lay out said road further than the point of intersex J^iSSXoS 
tion. 

Sec 6. As soon as practicable after said road shall be Map to bemad* 
located, said commissioners shall execute a map or plat of 
so much of said road as lies within the respective counties, - 
and transmit the same to the clerks of the county commis- 
sioners 1 courts of the respective countiesthrough which the 
same may pass, which shall befiled hvthe office ofsaid courts; where fii ec i. 
said road shall be opened and kept in repair as other state ' 
roads are. 

Sec 7. The county commissioners' courts cf the re- Compensation 
spective counties through which the said road may pass, to commission- 

F i. ',. .i . ,r ? i i i i • ers and others. 

shall allow said commissioners and such others rendering 
necessary service a reasonable compensation, to be paid 
out of their county treasuries, in proportion to the distance 
said road may be located in the same. Pnmm . .„„,., 

r-. r-. J ^ -rii- T - 1. r /-» i l i li c i v^ommissioneis 

Sec. 8. O. W. Kellogg, of Ogle county, and Sanlord appo i nte dto[o- 
Journey and John Brown, of Jo Daviess county, be and cate road, 
they are hereby appointed commissioners to view, locate 
and mark a road from the town of St. Marion, in the county 
of Ogle, via Elkhorn Grove, to Savannah, in Jo Daviess 
county. 

Sec 9. The commissioners aforesaid, or a majority of When and 
them, shall meet at the town of St. Marion, on the iirst where t0 meet 
Monday in September next, or within four months there- 
after, and before entering on the duties of their appoint- ^^ be g ^ 
ment, shall take an oath before some justice of the peace before |UsUc , 
faithfully and impartially to locate said road, keeping in peace. 
view the shortness of the route, and eligibility of the ground 

■-'■ •S\- —. 



18 Roads. 

so as to make the same a permanent road ; distinctly mark- 
Mile posts toing the same, and to set a post on the right of the road with 
be set up. the miles marked thereon progressively. 

Sec. 10. The said commissioners so soon as they shall 

• have completed the location of said road shall make out a 

Map to be made m ^ wh[ch together with the filed notes of survey shall be 

filed with the clerks of the county commissioners' courts 

through which the same shall pass. 

Sec. 11. Said road, when laid out as aforesaid, shall be 
hi"htay 6med deemed a public highway, and shall be opened and kept in 
repair as such; and the county commissionei-s : courts of the 
counties of Ogle and Jo Daviess shall allow to the commis- 
sioners engaged in laying out said road, two dollars per 
Compensation j eacn f or t ne time necessarily engaged in laying out and 
^ s commisslon " making returns of the same, together with a reasonable al- 
lowance to the surveyor and other hands necessary in lay- 
ing said road. 
Commissioners Sec 13. That Jabez Warren, of the county of White- 
appointed, side, and Howsen K. Teaor and Ralph Ware, of the coun- 
ty of Putnam, be and they are hereby appointed commis- 
sioners to view, survey, mark and locate a state road, from 
the West bank of the Illinois river opposite the town of 
Hennepin, in Putnam county, via Prophetstown and Illinois 
City in the county of Whiteside, to the City of Fulton. 
Time & place Sec. 13. The commissioners aforesaid, or a majority of 
to meet. them, shall meet at the town of Hennepin, on the first Mon- 

day in the month. of October next, or within four months 
thereafter; and beforecntering on the duties assigned them 
by this act, shall take an oath before some justice of the 
peace faithfully and impartially to locate said road, keep- 
ingin view the shortness of the route and the eligibility of 
„ r the ground, so as to make the same a permanent road; and 

Duty of com- , D ., . , , , ,, .. * . . . , , . 

missioners wherever the said road shall pass through prairie' land it 

when road shall be the duty of the commissioners to firmly set stakes 

PJJJ5J tl,ro "6 h in the ground at least four feet high, and at the distance of 

every quarter of a mile, and blaze the trees in passing 

through the timbered land. 

Sec. 14. When said road shall be located as aforesaid, 
the commissioners shall cause the plat of the survey and 
field notes thereof to be filed in the office of the clerks of 
the county commissioners' courts through which counties, 
or part of which, said roads shall pass, to be preserved as 
records thereof. 

Sec 15. Said roads Vvhen located as aforesaid shall be 
deemed public highways, shall be opened four poles wide, 
and kept in repair as other public roads. 

Sec. 16. The county commissioners' courts of the sever- 
al counties through which, or part of which, said road shall 
pass, shall allow and pay to each of said commissioners 



ROADS. ' 79 

the sum of two dollars per day for the time necessarily em county commis 
ployed in locating said roads in their respective counties, to- 3ioner * l .° P a y 
gcther with a reasonable compensation to the surveyors, conimissioners - 
chain carriers, and other hands necessarily employed in said 
surveys. 

Sec. 17. So much of an act, entitled An act to locate 
certain stale roads therein named, approved February oy ? 4 ct ie P eal9ci ' 
1837, as makes Sha-ba-nees Grove a point in said location,' 
be, and the same is hereby repealed. This act to take ef- 
fect and be in force from and after its passage. 

ArpRovED, 2lst July, 1837. 



AN ACT for a State Road from Bowling Green, in Fayette county, via Ew- T„ force 21 st 
ington, in Effingham county, to Newton, in Jasper county, and for other pur- J u | y i§37 
poses. 

Sec, 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That Guy Beck, of Fay- 
ette county, William Freeman, of Effingham county, and appou/ted? 6 " 
Abbot Lee, of Jasper county, be and they are hereby ap- 
pointed commissioners to survey, mark, and locate a state 
road from Bowling Green, in Fayette county, through ^° a c d ation of 
Ewington, in Effingham county, to Newton, in Jasper 
county, doing as little injury to private property as the 
public good will permit. 

Sec '2. The said commissioners, or a majority of them, Tilne & . c9 
shall meet at Bowling Green on the first Monday in Sep- of meeting, 
tember next, or as soon thereafter as practicable, and af- 
ter being duly sworn by some justice of the peace of said 
county of Fayette, faithfully to view and locate said road, 
without partiality or affection, and faithfully to discharge 
the duties required of them by this act. The said commis- 
sioners shall place in the prairies through which said road 
shall pass, stakes of reasonable size and t'urable timber, 
and marks on the trees in the timber. 

Sec 3. As soon as practicable after said road is loca- Shall make ie~ 
ted, said commissioners, or a majority of them, sball make £ ort la ™ ,th map ' 
. out a report, accompanied by a map or plat of said road, 
giving the courses and distances from point to point, with 
such other marks of certainty, as they may deem necessa- 
ry; and shall transmit a copy of said report and plat to the 
county commissioners' court of each county through which 
said road shall pass, which shall be filed in their respec- 
tive offices; and each county shall bear her proportional ca x t f e " s e f roa ° r 
part of the expense, according to the distance said road how paid,. 



• 




80 



liOADb. 



When toad is 



may pass through the same, to be allowed by the county 

commissioners' court of each_county. 

Sec. 4. When said road is located, it shall and is hereby 
located declared a public state road, and shall be opened and kept 

' * in repair as other state roads arc in this state. 

• .-, Sec. 5. And be it further enacted, That Philip Luster, of 
TCo'mmissjoiiavsp a y Ct j- e CO unty, -and Ijoswell Drake .and Robert E. Out- 
house, of Clinton county, be and they are hereby appoint- 

• • ■• ed commissioners to view, mark and locate, a state road 

from Vandalia, in Fayette county, commencing at or near 
v^lSm the bluff eas.t-of Yandalia, on the national road, thence to 
Caiiyie. Carlyle, in Ciint.dn county. 

Sec. 0. The said commissioners, or a majority of them, 

Whenand shall meet 'at James Altom's on the first Monday of Octo- 

w eie o mee . ^^ ncx t ? or within four months thereafter, and after hav- 

To be sworn j n g been sworn by some justice of the peace faithfully and 

impartially to discharge the duties required of them by 

this act, shall proceed to view, mark, and locate said road, 

on a direct line from the place of beginning, to Carlyle, 

on the most eligible ground, keeping in view the interests 

of the public good. 

Sec. 7. Said commissioners, after they shall have done 

Map of road to said work, shall make out a plat or map of said road, giv- 

be Hied with [ n g t nc courses, streams, and notable places, &c; to be 

c ei county deposited w ^h tne c } er i t f the CO unty commissioners' 

court, in the several counties through which said road 

shall pass, of that portion being and lying in each county, 

which shall be recorded at length in the books of said 

courts; and said courts shall allow said commissioners a 

Compensation reasonable compensation, to be paid out of their county 

treasuries. 

Approved, 2lst July* 1837. 



In force 21st AN ACT to locate certain Roads therein named 

July, 1837. 

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

represented in the General Assembly, That Joshua P. Crow, 

Commissioners Reddick Horn, and Stephen Lee, are hereby appointed 

ref^ate^ ^d cornrruss ' oners to review, mark, and relocate that part pf 

the state road leading from Springfield to Beardstovvn, 

tr. c , which lies between Archibald Job's, and William Babb's 

June &. place , • ■, • , . in T i . 

of meeting bridge: said commmissioners shall meet at Job's, at any 
time before the first of January next, and being first 
sworn by some justice of the peace, shall proceed to per- 
form the duties herein imposed upon them. Said commis- 




v ommissionert 



ROADS. 81 

tioners shall make a full report of the location of said roadj To make report 
to the county commissioners' court of Cass county; and af- • 
tcr the road *o relocated by them shall be opened, the for- 
mer survey of the part of said road >o relocated shall- be ■' ■ ■ 
vacated. Tile county commissioners' cou^t ol the county . Roar] vacated 
of Cass, shall allow to said coiiim'ssioiu is a reasonable. - ' "."*". .' 
compensation lor their services out oi' the county j.i-easu-'. c " om P e nsation . 

Sec 2. That Julius Elmore, of Sangamon'-' county,' 
Thomas Boyce and J. R. Bennett, of. %r^a;\, county", be ^"Zted 
and they are hereby appointed eoroinissiojiersHo ..view, 
mark and locate, a state road, commencing'a't a mile 'post Place of com- 
south of Peter Car.tright's in Sangarnofr' cOunty v thence to mencement 
Willam Crow's in Morgan county, running as near as 
practicable to the old road leading from, one point to the 
other, and there intersect the road laid out by the county 
commissioners' court of Morgan county, leading to Prince- 
ton, and thence west with said survey as fur as Stark 
Gilliams', thence through the settlement of Henry Kelt- 
ncr's timber, thence to the head timber of Walnut Grove, 
thence to New Virginia. 

Sec 3. That said commissioners, or any two of them, Time &. place 
shall meet at the house of Peter Cartright, in Sangamon °*' meeting 
county, on the second Monday in August next, or as soon 
as practicable thereafter, and before entering on the dis- 
charge of their duties, shall take an oath before some jus- 
tice of the peace of Sangamon county, faithfully and im- 
partially to observe all-.the duties enjoined upon them by 
this act, shall proceed to view, mark, and locate said road, 
beginning and touching the points as named in section se- 
cond. 

Sec 4. Said commissioners shall cause a map or survey Make map, <t 
to be made of said road, to be filed in the office of the clerks fig in clerk's 
of the county commissioners* courts of Sangamon and Mor-° 
gan; and the county commissioners' courts of each county 
through which the road shall pass, shall allow the said 
commissioners such compensation for their services as shall 
be just and reasonable, in proportion to the services ren- 
dered in each county. 

Sec 5. Said road shall be opened and kept in repair us 
other state roads are; and shall take effect and be in force 
from and after the passage of this act. 

Approved, 2ist July, 1837. 



88- ROADS. 

In force 21st . . * .AN ACT changing a certain State Road in Pike county, 
July, 1837 

Sec- 1. Be it macterl by the people of the State of Illinois, 
Commissioners represented in the General Assembly, That Richard Kerr, Eli 
L P i P °oad. dt0al " Hubbard, [and} William Sapp, of Pike county, be and they 
are hereby appointed commissioners to view, alter, and re- 
locate so much of the state road between Carrollton and 
Atlas as lies between Buy Greek Bridge, and the house of 
Richard Kerr, making .the town of Fairfield a point 
through which said road sliall pass. 

_,. , Sec. 2. Said commissioners shall meet at the town of 

lime ana n • c i i • i • r -v. 

place of meet- r airfield, in said county, at any time after the passage of 

»"g- this act, and before the twentieth of December next, and 

after being duly sworn by some justice of the peace, to 
discharge their duties impartially, shall proceed to locate 
and change so much of said road as they may deem con- 
ducive to the public goody making Fairfield a point as 
aforesaid; and shall mark the •same by blazing the trees in 
the timber, and by driving stakes in the prairie; and fur- 

Retums shall tner , to make a complete return in writing, under their 

be filed. hands, and causjjjjthe same to be filed in the office of the 

clerk of the county commissioners' court within twenty 
days thereafter; and all that part of the old road which 
may be changed and altered by the provisions of this act, 
shall be discontinued.' 

Sec. 3. The commissioners appointed by this act shall 

Compensation, receive a reasonable compensation per day for their ser- 
vices, to be paid out of the county treasury, by order of the 
county commissioners of Pike county. 
.Approved, 2 1st July, 1837. 



July "837/ AN ACT declarin S a certain Road in McLean county a State Road. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the county road 
as at present located from Waynesville, in McLean county, 
and passing through Randolph's Grove, to where it inter- 
sects the state road leading from Decatur to Bloomington, 
hear Joseph B.Herbert's in said county, is hereby declared 
a stale road, shall be opened sixty feet wide, and kept in 
repair as other state roads are. 

Approved, July 2l, 1837. 







ROADS. g s 

AN ACT in relation to certain Public Roads therein named- In force 21 st 

July, 1837 

Sec. 1. Be it enacted by the people- of the State. oflflinois,- 
represented in the General-Assembly, That William Waroick, 
of Macon county, Ezekiel S. You.ng, of Sangamatr county, 
and Sylvester J.-Durbin, of Montgomery cennty, be, - and 
they are hcre'by. appointed commissioners to view, mark, Comniiss ' ners 
and locate a state road* from De.c^nV,. In 1 Macon county, apnointe 
via Edinburg, to intersect the road leading Irom Spring- 
field to Carlinvill'e.-^t Harris 'spp kit in Macoupin county, in 
lieu of the commissioners' appointed for that purpose by s jone. s c °h 1miS *d 
an act, entitled "An.-a.ct jto.locvate a state road from Deca- 
tur, in Macon county, to ■Garfinvillc, in Macoupin county, 
via Edinburg, in Sangamon county, approved March 1st, 
1837." 

Sec 2. The said commissioners, or any two of them, 
shall comply in all respects with the provisions of the 
above recited act, which is hereby declared in full force 
and virtue, except in -the change of Lhe commissioners 
abovementioned, and may perform the duties hereby as- 
signed them at any time before the 25th day of December 
next. 

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

Approved 2 1st July, 1837. 



AN ACT relating to certain Roads in Fayette and Shelby Counties. j ° l 1Q g^ 

Sec 1. Beit enacted by the people of the State of Illinois, rj . * 

represented in the General Assembly, That John J. Page, 
Peter Parker, and Jeremiah Bauling, of the county of Commigsionerg 
Shelby, be, and they are hereby appointed commissioners app0 i nte(i 
to view, survey, and locate, so much of the State road g tate road 
leading from Shelbyville, in Shelby county, to Vandalia, 
in Fayette county, as lies between the center of section 
13, town 11 north, range 3 east, and the town of Shelby- 
ville. 

Sec 2. The said commissioners shall meet in the town Time and 
of Shelbyville, on or before the 25th day of December place of meet- 
next, or as soon thereafter as convenient, and after befrig "Jf 
duly sworn by some justice of the peace, well and truly to &haJ1 De . swom 
perform the duties above required, shall proceed to survey 
and locate said road, as required by this act. 

Sec 3. The said road, when laid out as aforesaid, shall 
be deemed and considered a state road, and the county ^ ' 
commissioners' court of said county shall appoint eupervi- ? ""** 



84 - ROADS. 

sors over the same, and cause it to be opened and kept i» 
repair as other state roads are. 

Sec. 4. .The commissioners appointed under the pro- 
visions of this -act, shah receive a just and fair compensa- 

Compensation tion for the time they are' necessarily employed ; anil they 
shall employ a surveyor and chain-carriers, who shall re- 
ceive a fair compensation for their services, to be paid out 
of said county treasury. . 

1st section of Sec. 5. That the first -section "of an act to locate a 

act amended r oad from Yandalia to Springfield, be so amended as to 
require the commissioners mentkmed- in said section to 
meet on the first Monday in October next, or as soon 
thereafter as practicable, to enter upon the duties required 
in said act; and that in the survey of the road therein 
mentioned, said commissioners begin at Vandalia, and pro- 
ceed thence to Mount Pleasant, via Edinburg and White- 
craft's mill, to Spiingtield, oh the best and most suitable 
ground, as the act aforesaid requires; Provided,- That the 

Proviso county of Montgomery shall not be required to pay any 

part or portion of the expense of viewing, surveying, and 
locating said road. 

Sec 6. That the first section of an act to locate a 

1st section of state roa d from Hardy Foster's, in Marion county, to 

act amended Shelbyville, in Shelby county, be so amended that Heze- 
kiah Thompson and Robert A. Holmes, of Fayette coun- 

Commissioners ty» anc l James W. Vaughn, of Shelby county, be the com- 
missioners to. view and survey the road in said act men- 
tioned; and that the time of the meeting of said commis- 

Timeofmeet- sioners be extended to the fifteenth day of September, or 

m S extended a§ soon thereafter as practicable. 
Approved, July 22d, 1837. 



T 1 18W AN ACT t0 l0Cate a State R ° ad from ^te«burg,' in Sangamon county, l* 
Jury, l»df. JVlacomb, in McDonough county, and for other purposes. 

Sec. 1. Be it enacted by the people of the State of Illinois, 

represented in the General Assembly, That Pollard Simons, of 

Commissioners g*tngamon county, Clayton M. Montgomery, of Schuyler 

coimtr, and John D.Walker, of McDonough county, Nathan 
Veach, of Fulton county, be and they arehere by appointed 
commissioners to view, mark, and locate a state road from 
Petersburg, in Sangamon county, to Macomb, in McDo- 
nough -county, crossing the Illinois river at Knight's ferry, 
thence through the town of Montgomery, in Schuyler 
county. 



ROADS. • 85 

Sec. 2. Said commissioners, or a majority of them, 
shall meet at Petersburg, in Sangamon countyyon .the ^ "eettna *" 
first Monday in September next, or withitf -two*' - months 
thereafter, and having been duly sworn' hy some justice 
of the peace, faithfully to perform the duties required of 
them by this act, shall proceed to view*, mark, and locate 
a state road on the.route aforesaid, from point to point, 
having due regard to the public convenience, and doing 
as little damage to private property as possible. 

Sec. 3. Said, .commissioners shall mark" the trees 
through the timber, and : pla it stakes through the prairies; Map of survey 
and shall, as soon as possible, make and tile with- the to be made 
clerks of the commissioners' courts of the counties 
through which said road shall pass, a map of the survey 
and location of so much of said road as lies in each coun- 
ty respectively, indicating, thereon the points, and dis- 
tances from point to point; and thereafter said road shall 
be deemed a public highway, and opened and kept in re- 
pair as other state roads are. 

Sec 4. The county commissioners' courts of the seve- Compensation 
ral counties through which said road shall pass, shall pay to commiss'rs. 
a reasonable compensation to s".id commissioners anJ all 
persons necessarily employed by them, to be paid by 
said counties in proportion to the distance said road 
shall run in each of them. 

Sec. 5. That the county road from Salem, in Marion Road fr 2, m f*" 
county, via Piaster's ferry, on the Kaskaskia river, to vi]le 
Greenville, in Bond county, be and the same is hereby 
declared a state road. 

Sec 6. James McAdams, James Burnsides, and Wi I- ^ e e n et & where 
Ham Burgiss, or a majority of them, shall meet at Martin's 
ferry, in Clinton county, on the first Wednesday in August 
next, or as soon thereafter as possible, and after being 
duly sworn faithfully to perform the duties required ot 
them, shall proceed to view, mark, and locate a state road 
from Martin's ferry, via Stout's mill, on Shoal creek, so 
as to intersect a road leading from the Madison county 
line, via Marine town and Edwardsvillc, to-Alton,in Mad- 
ison county, at the most eligible point; which road so loca- 
ted, and the road it shall intersect, shall be a state road, 
andd shall be kept in repair as other state roads are. Plat to be made 

Sec 7. The said commissioners shall, as soon as con- 
venient, make out a plat of said road so located, which 
plat shall be recorded in the county courts through which Compensation 
the same shall pass; and the said commissioner? shall be 
allowed a reasonable compensation from their respec- 
tive county treasuries for the time necessarily employed 
in said service. The county commissioners' court of Mad- 
ison county be and it is hereby authorized and empowered 



86 SALINES. 

to cause to be reviewed and relocated any state road in 
said county, in the same manner, and under the same re- 
strictions as other roads in said county. may be reviewed 

Proviso. and relocated: Provided, No state road shall be altered 

or changed at the point where the same may cross the 

Further proviso nne °f sa id county: Provided, That the road from Benja- 
• ., min Johnson's, in Bond County, by John Charter's, L. S. 

JuddjX to Anderson's bridge, in Madison county, be ex- 
cep'te'd.! from 'the operation af this act, 
Approved, 22d July, i837. , . • 



In force 21st AN ACT for the purposes therein mentioned. 

July, 1837 

Whereas, Tyler D. Hewett, late commissioner of the 
Gallatin Saline Lands, died without having settled up his 
accounts as such commissiorer, and the same remaining 
unadjusted and unsettled, and in order to settle the ac- 
counts aforesaid without delay, Therefore, 

Sec 1. Be it enacted by the people of the State of Illinois, 

Duty of Audi- represented in the General Assembly, That it shall be the 

tor duty of the Auditor of Public Accounts to institute a suit, 

in the Gallatin circuit court, against the securities of the 
late Tyler D. Hewett, on his official bond as commission- 

, • ''- er of sales, of saline lands. 

Duty of circuit g- Ed# 2. -That the circuit attorney for the third judicial 

attorney to col • . ... . . , , , J . ,. J 

lect money circuit be authorized and required to collect any money 
that may be due from the lessees or any agent of the 
Gallatin Salines, and pay the same over to the State Trea- 
surer. 

Approved, 21st July, 1837. 



In force, 2'2d AN ACT appropriating the residue of the Vermilion Saline Lands to the 
July, 1837. counties of Iroquois and Vermilion, for the building of Bridges across the 

Iroquois and Vermilion rivers. 

Sec. 1. Beit enacted by the people oj the State of Illinois y 
Unsold lands of re P reseniec ^ in the General Assembly, That all the residue of 
Vermilion Sa- the unsold lands of the Vermilion Saline Reserve, to- 
nne Keserve gethcr with all money remaining in the hands of the re- 
ceiver of the same, not otherwise appropriated, is hereby 
appropriated to the counties of Iroquois and Vermilion, 
Appropriations for the purposes of building a bridge aforesaid, as follows, 
«° Iroquois °f to wit: To the county of Iroquois, five hundred acres of 
build "ridge 10 tne unso ^ land, the proceeds whereof to be laid out 






SCHOOLS. g-r 

under the superintendence of the county commissioners' 
court, to the building a bridge across the Iroquois river. 

Sec. 2. That all. the residue of the said land, to- R iA 
gether with all the money remaining -in the hands of the B ?g vSL 
receiver of the said saline land, shall be expended by 
the county commissioners' court, on the bridge across 
the Big Vermilion river, where the state- road from Vin- • < 

cennes to Chicago crosses the same"*. ... '.' -..- •♦ 

This act to take effect and be-in •force frdra'-arid*" after 
its passage. . . • -*^*» ••..'•'•*.■ 

Approved, 22d July, 1837, "-"'^ > •■ '••. 



AN ACT to incorporate the Illinois Female Institute. In force 20th 

j July, 1837. 

Sec 1. Be it enacted by the people of the State of Illi- 
nois, represented in the General Assembly, That Samuel Wi- 
ley, James T. Simpson, Samuel Gordon, Oliver Bannis- 
ter, Samuel Nesbit, — Hays, and Ebenezer Alexan- Body politic &. 

der, and their successors be and they are hereby created ated°' ate "*" 
a body politic and corporate, to be styled the Trustees 
of the Illinois Female Institute; and in that name to re- Name 
main in perpetual succession, with power to sue and .be Pow.ers 
sued, plead and be impleaded; to acquire, have, and, con- * 
vey property, real and personal; to have and use a com- Seal 
mon seal, to alter the same at pleasure; to make and alter M ' - 
from time to time such by-laws as they may deem neces-jjjg ma e /" 
sary for the government of said institution, its officers, 
and servants: Provided, Such by-laws are not inconsistent 
with the constitution and lawsof this State or of the United . 
States. 

Sec 2. For the managing of the affairs of the said 
institution there shall be chosen from among the subscri- Numbeioftl ' u *5 
bers a number of trustees not exceeding seven; and the 
trustees, so chosen, shall have power to fill such vacancies p 0W er to fill 
in their own body as may happen by death, resignation, vacancies 
or otherwise, and shall hold the property of said institu- 
tion solely for the purposes of female education, and not 
as a stock for the individual benefit of themselves, or of 
any contributor to the endowment of the same; and no 
particular religious faith shall be required of those who 
become trustees or students of the institution. 

Sec 3. Said institution shall remain located in the Locatl0n ^ 
Flat Prairie, in the county Randolph; and the trustees 
shall be competent in law and equity to take to themselves 
and their successors in office, in their said corporate name. 




g SCHOOLS. 

Power of trus- real, personal, or mixed estate, by gift, grant, bargain and 
tL es to purchase sa i 6i conveyance, will, devise, or bequest of any person or 
and convey wrgons whomsoever; and the same estate, whether real or 
lands, &c. ' .g on:ili lo grant? bargain, sell, and convey, demise, let, 
place out at interest, or otherwise dispose 01 tiie same for 
the use of the said institution in sue.h manner as to them 
may seem most benethial lo said institution. Said trus- 
tee ^ud'l. faithfully apply all funds collected, or the proceeds 
of the. properly belonging to said institution, according 
Fund?, how to their best judgment, in erecting and completing suit.a- 
applied ble buildings, supporting the necessary officers, instruct- 

ors, and servants, and procuring books, maps, charts, 
globes, philosophical apparatus, necessary to the success 
of said institution: Provided, nevertheless, That in casp 
any donation, devise, or bequest shall be made for parti- 
cular purposes accordant with the design of the institution, 
and the corporation shall accept the same, every such 
donation, devise, or bequest shall be applied in conform- 
ity with the express conditions of the donor or devi- 
sor; and Provided further, That said corporation shall not 
Shall not hold be allowed to hold more than three hundred and twen- 
piore than 320 tv acre s of land at any one time, unless the said corpora* 
acres at one tion gha]1 have receive(1 tne same by gift, . grant, or 

devise, and in such case they shall, be required to sell or 
.dispose of the same within three years from, the time they 
shall acquire such title, and on failure lo do so said land 
shall revert to the original donor, grantor, devisor, or their 
heirs. 

Sec 4. The treasurer of the institution and all other 
bond'" t0gne agents, when required, before entering on the duties of 
their appointment, shall give bonds for the security of 
the corporation, in such penal sums, and with such secu- ' 
rities, as the board of trustees shall approve. And all 
Process how processes against the corporation shall be by summons., 
served and the service of the same shall be by leaving an at- 

tested copy thereof with the treasurer, at least sixty days 
before the return thereof. 
Powers of trus- ^ c ' 5 * The trustees shall have power to employ and 
tees appoint a principal for said institution, and all such in- 

structors and instructresses, and all such servants as may 
be necessary; and shall have power to displace any or either 
of them, as they may deem the interest of the institution 
requires; to fill vacancies which may happen by death, 
resignation, or otherwise, among said officers and ser- 
vant; and to prescribe and direct the course of study 
to be pursued in said institution. 

Sec. 6. If at any time the corporation shall act con- 
Duty of At- trary to the provisions of this act, or shall in any manner 
.•rney enerai a | Juge t j ie p 0Wers herein granted, it shall be the duty of 






STEAMBOATS. gg 

the Attorney General to file an information in the na- 
ture of a quo warranto, for the purpose of vacating and 
annulling this act and the powers herein granted. 
'Approved, 20th July, 1837. 



AN ACT to repeal an act in relation to Schools id township thirty-nine North, In force 20tli 
range fourteen East. July? 1837. 

Sec. 1 . Be it enacted by the people of the State of Illinois, Act re P e aied. 
represented in the General Assembly, That an act relating to 
schools in township thirty-nine north, and range fourteen 
east, is hereby repealed. This act to take effect from and 
after its passage. 

Approved, 20th July, 1837. 



AN ACT explanatory of the act to amend the several arts in relation toi f olce oi st 
Cuminon Schools, approved March 4th, 1837. Tnlv 18T7 

Sec. 1. ■ Be it enacted by the people of the State of Illinois, 
represented in the 'General Assembly, That the third section 
of the act to amend the several acts in relation to common 
schools, approved March 4th, 1837, shall be construed to 
extend, apply to, and embrace only that surplus revenue 
which is added to, and made to form a part of the common 
school fund, by the provisions of the first section of the act 
herein recited. 

Approved, 2 1st July, 1837. 



AN ACT to prevent Disasters on Steamboats navigating the Waters within In force 21st 
the jurisdiction of Illinois. J uj y? 1837. 

Sec 1 . Be it enacted by tlie people of the State of Illinois, 
represented in the General Assembly, That it shall be the du- 
ty of the owners of steamboats navigating the Mississippi, Duty of owner 
Ohio, Wabash, Illinois, and other rivers and 1 akes within of steamboats 
the jurisdiction of this state, to have a competent master, 
officers, and crew, on board, and to have a substantial and 
sufficient engine, boilers or boiler, and to have the same 

M 

m 



90 



STEAMBOATS 



at all times in good and safe order and condition, and have 
the vessel supplied with all necessary boats, tackle and 
furniture, and in every respect seaworthy. In ascending 
and descending navigation, said boats shall conform to the 
following regulations: The descending boat shall keep the 
shore or bar she may be on, until the ascending boat 
Dul y° fmasteiS passes; and when both boats are running, the descending 
beat shall keep the middle of the channel, or in the deep- 
est water, and in all cases where it is practicable leave 
room for the descending boat to pass on either side. 

Sec. 2. That when two boats shall meet in a con- 
tracted part of the river, or in any narrow or intricate 
channel, both boats shall stop their engines, or work them 
very slow, until they pass each other; and in the night time 
the'descending boat shall not take any of the small shoots, 
but shall keepthe meiin channel in order to avoid the as- 
cending boats. 

Sec. 3. That it shall be the duty of the masters and of- 
ficers of all steamboats to keep their vessels at all times 
well and steady trimmed, and particularly in coming to 
and departing from shore, and for that purpose the passen- 
gers and all others on board the boat shall strictly obey the 
Passengers ;o directions of the master or officers on watch, and- keep the 

t>av strict obe- , , . . ,. , .. •. i • ' i 

ciieiree to com- place and position they may direct, ana under such pecu- 
mand af officers n iary penalties as the rules and regulations of the boat in 
on board t ^ at behalf shall impose; which rules and regulations shall 
be constantly kept up in at least five conspicuous and dif- 
ferent parts of the boat. 

Sec 4. That the master and owners shall be several- 
Masters and i j jointly responsible for damages which any person 
owners respon- " J • , , ^ r , i -\i ,i 

sibie. may sustain by the neglect or refusal to comply with the 

requisitions of the foregoing sections. And moreover, if 
any loss of life shall ensue from any such neglect and re- 
refusal, the officers on watch, and conducting the boat for 
the time being, shall be deemed guilty of the crime of 
Manslaughter manslaughter, and upon conviction thereof shall be pun- 
ished accordingly. 

Sec. 5. That it shall not be lawful for steamboats to 
run races the one against the other; and the owners and 
Responsible for officers severally and jointly shall be liable and rcsponsi- 
damages. ble for all damages which any one may sustain from any 
accident or casualty which may happen during said race. 
And moreover, in case of loss of life or lives in conse- 
quence of said racing, the master of the boat, or person or 
persons having the command thereof for the time being, shall 
be deemed guilty of a high crime and misdemeanor, and 
upon conviction thereof shall be liable to imprisonment 
in the penitentiary of the state, for any term not exceeding 
ten years. 



STEAMBOAT.?. 



91 



►Sec. 0. That in landing passengers from steamboats, 
the master shall cause the vessel to be brought to shore Duty of master 
whenever practicable and convenient, and especially in 
cases where females or children are to be landed; and 
vt henever impracticable or decidedly inconvenient so to do, 
may land the passengers in good, sufficient and comforta- 
ble boats, to be at all times kept for that purpose, and 
managed by a sufficient number of civil, competent, and 
careful men; and during the time of disembarking from 
the steamboat into the small craft, and of leaving the vessel, 
the engine shall be slopped and the speed of the vessel 
checked. And any neglect or refusal to comply with any 
of the requirements of thisscclion shall subject the owners 
and master of the boat to the payment of all damages that 
may result to any person or persons, from such neglect or 
refusal; and in the event of loss of life thereby, the master 
or other officer in command of the boat for the time being 
shall be deemed to be guilty of a high misdemeanor, and on 
conviction thereof, shall be punished as provided for in the 
foregoing section of this act. 

Sec. 7. It shall be the duty of the master and officers 
of any steamboat carrying gunpowder as freight, to store 
the Same in' the safest part of the vessel, and separate and 2^ of master 

■ r ' •' i i • i j.' • when gunpow 

apart ir-om articles liable to spontaneous combustion, and der is on board 
wherein discharging the cargo it will not be necessary to 
carry any'.lighted candle, lamp or flambeau; and all boats 
carrying gunpowder as freight shall have printed cards, 
stating the fact, placed in the cabin and in other conspicu- 
ous parts of the boat, so as to give notice to the passen- 
gers. And the master and officers failing to comply with 
the provisions of this section, shall forfeit one hundred 
dollars for every time the same shall be so neglected, 
which may be recovered by action of debt, by and for the 
use of any person who may sue for the same, before any 
justice of the peace in this state; and shall moreover be 
liable for all damages which may happen to any person 
by reason of the failure. 

Sec. 8. It shall not be lawful for any person or persons 
to put or keep any gunpowder on any steamboat without 
first giving the master or officers notice thereof; and any 
person or persons so offending shall be liable to pay a 
sum of one hundred dollars to and for the use of any per- 
son who may sue for the same, in an action of debt be- 
fore any justice of the peace in this state; and moreover, 
the person or persons so offending shall be liable for all 
damages which may happen to any person thereby. 

Sec 9. That copies of this act shall be printed and 
put in frames, and kept publicly placed in the cabin and 



92 . TOWNS. 

Copies of this steerage of each steamboat navigating the Mississippi, 
act to be put up Ohio, Wabash, Illinois, and other rivers and lakes within 
in steamboats the jurisdiction of.this state; and a failure to comply with 
these provisions" shall subject the master and owners to a 
penalty of one hundred dollars for each day the same 
shall be omitted, to be recovered in an action of debt be- 
fore any justice of the peace bv and for the use of any per- 
son who may sue for the same. 

Sec. 10. This act shall be deemed a public act, and 
This act deem- s na ii t a k c effect from and after the first day of October 
ed public nex t, and the Secretary of State shall cause authenticated 

copies thereof to be published in one of the newspapers 
published in each of the cities of St. Louis, Louisville, 
and Cincinnati, and cause at least one number of each of 
said newspapers, containing the same, to be filed in his 
office; and such publication shall be deemed sufficient no- 
tice of this act, to all masters, officers, and owners of steam- 
boats who may come within its provisions. 
Approved, 21st July, 1837. 



In force 20th AN ACT to amend an Act, entitled an Act to.extend the corporate powers 
July, 1837. °f the Town of Peoria, approved February 21, 1837. 

Sec. 1. Be it enacted by the people of the Stale of Illinois, 
represented in the General Assembly, That in addition to the 
powers conferred upon the board of trustees of the town 
Shall negotiate of Peoria, by the above recited act, the said board is here- 
loanorioans. by authorized to negotiate a loan or loans, upon the faith 
. and credit of the corporation, of any sum or sums of mo- 

$50 000. ne y' n0 ^ exceeding in the whole amount fifty thousand dol- 

lars, at any interest not exceeding seven per cent, per 
annum, for a period of time not exceeding fifteen years, 
the interest and princi- n l, payable at such time and places, 
as may be agreed on by the parties to the loans; and the 
said board is hereby to pledge irrevocably, all or any part 
of the revenue of the corporation, and all or any part of its 
property of any description whatsoever, for the payment 
of the interest upon said loan, and the reimbursement of 
the principal as the same becomes due and payable. The 
said board shall also be authorized to pledge all the profits 
and interest which may accrue from thence on application 
of the money borrowed, for the aforesaid purpose of pay- 
ing the interest and reimbursing the money borrowed as 
aforesaid. 

Sec. 2. It shall be deemed a good execution of the 



T-. I - 



TOWNS. 93 

power to borrow on the part of the said board , to cause 
to-be constituted certificates of stock for the said loan, to Certificates of 
be called the "Peoria Loan," to be signed by the president stock - 
of the board, and countersigned by the treasurer, under 
the seal of the corporation, and to cause the said certifi- 
cates of stock to be sold: Providvd, That no stock shall Proviso. 
be sold for less than its par' value. And the said board 
are authorized to take and use all' proper means and mea- 
sures for the transferring of the said stock. 

Sec 3. The money borrowed, under the provisions of 
this act, or such part thereof as may be deemed proper, 
shall be vested in the stock of the "Peoria Bridge Compa- 
ny," so as to enable the company to build the bridge across Brid e s 
the Illinois river at Peoria; and if the whole is not so vested, liimoTsriTCr! 
the remainder may be applied to such purposes of improve- 
ment within the town, as may be deemed best calculated to 
advance the interest of the town. There is hereby allow- Exteilsion °f 
ed two years, in addition to the time allowed by the char- *""*' 
ter of the Peoria -bridge company, for the completion of 
the said bridge. 

Approved, 20th July, 1837. 



"AN ACT to vacate certaiii Town Plats. '" foiTe 20th 

• . J uly, 11337. 

Sec 1. Be it enacted by the people of the Slate of Illinois, 
represented in ihe' General Assembly, That the proprietors 
of that part of the town of Cambridge, in the county of Peo- Cambridge, 
ria, which is located on the east half of section twenty 
four, township ten north, range four east of the fourth 
principal meridian, or that part of it of which Zacharia 
Philips is owner and proprietor, be authorized and empow- piat vacated 
ered to vacate the plat and survey of the same: Provided, Proviso 
the consent of all the owners of lof r ; n that part of the said 
town of Cambridge, be first had in writing, and acknow- 
ledged before some justice of the peace, and recorded in 
the recorder's office of Peoria county. 

Sec 2. That the proprietors of Manning, Smith and 
Higham's addition to the town of Alton, laid off and plat- ^ lton 
ted August 20th, 1836, on sections number thirteen, eigh- 
teen and nineteen, in township number five north, ranges 
number nine and ten west of the third principal meridian, 
in Madison county, and the owners of lots therein-, be and p 10 p r ietors of, 
they are hereby authorized and empowered to alter, may change 
change, or vacate, the survey and plat of said addition, P lat of 
with the exception of Long, Milton, and Washington Exception. 



.,.,*■ 



04 



TOWNS. 



streets: Provided; The consent of all the owners and pro- 
prietors aforesaid, shall be lirst had in writing, which shall 
be acknowledged fri the same manner as deeds of convey- 
ance, and recorded in the recorder's office in said county 
of Madison. . ' ' • ■ . "• 

Approved-, 20.th. July, 1837. 



In force July AN ACT to change the name of the Town of Contreville. 

20th, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That the name of the 
town of Centreville, in the county of Schuyler, be and the 
same is hereby changed to the name of Ripley, and by that 
name it shall hereafter be known and called. 

Sec. 2. This act to take effect from and after its pas- 
sage. 

Approved, 20th July, 1837, 



In force 20th AN ACT to extend the corporate powers of the President and Trustees ofth«* 
July, 1837. Tovviivof Springfield. 

Sec 1 . Be it enacted by the people of the Slate of Illinois^ 
represented in the General Assembly, That the president' 
and trustees of the town of Springfield, in the county. -.of': 
Sangamon, and state aforesaid, and their successors in of- 
Additionai fv fi ce? or a majority of them, shall hereafter have authority, 
tees. e,S ° ,S " in addition to the powers conferred upon them by an act 
entitled "an act to incorporate the inhabitants of such 
towns as may wish tobeincorporated," approved February 
12th, 1831, to extend the boundaries of said town, one half 
mile in each direction beyond its present limits, and to 
open, widen and extend, the streets and alleys of the same, 
and to levy and collect, annually, a tax on all the real estate 
in said town as extended, not exceeding four per cent, per 
annum, on the assessed value thereof, and to borrow 
money: Provided, That at no time shall the amounts© bor- 
rowed exceed one hundred thousand dollars. 

Sec 2. All moneys arising from the collection of taxes, 
Money?, how or f rom fa e loan or loans above authorized, shall be appro- 
ppiopna priated by the said president and trustees, and their suc- 
cessors, in such manner as in their opinion will best promote 
the interests of said town. 



TOWNS. • .' 95 

Sec, 3. The said president and trustees 'shall have pow- 
er to enforce their ordinances, by authorizing the collec- 
tion of taxes, to sell any town lot or parcel of ground, with- 
in the limits of said town, or so m'uqh as will pay the tax 
due and in arrear from the owner thergof,. in such man- 
ner as is now authorized under the act approved 12th, 1 831, 
aforesaid. ;. 

Sec. 4. That when any street^ is opened, widened, or ft streets are 
extended, the president and: trustees shall make the per- ^ e " ded v free- 

r . . : , .,.. , ,. , * . holders to be 

son or persons injured thereby compensation, to ascertain summoned 
which they shall cause to be summoned twelve good and 
lawful men, freeholders and inhabitants of said town, not 
directly interested, who being first duly sworn for that 
purpose, shall enquire into, and take into consideration 
as well the benefit-as the injury which may accrue, and es- 
timate and assess the damage sustained by reason thereof; 
and shall moreover estimate the amount which other per- 
sons will be benefitted thereby, all of which shall be re- 
turned to the board under their hands and seals; and the Returns made 
persons so benefitted and assessed shall pay the same, in to the boaid 
such manner as shall be provided, and the residue, if any, 
shall be paid into the town treasury. • 

* 'Sec. -5.' That upon the application of the owners of If owners ap, 
fwo-thirds'of the lots on a-ny street or part of a street, it P 1 ^ 
shall be lawful for the president and trustees to levy and 
^"collect a special tax, on the owners of the lots on said 
street or parts of a s-treet, according to their respective 
fronts, for the purpose of gradrng and paving the streets 
and side walks in front thereof. 

Sec 6. This act to take effect from and after its pas- 
sage. 

Approved, 20th July, 1837. 



AN ACT legalizing the Incorporation of the Town of Beardstown. \" fo *' c 9 „_ 9 ' 16 * 

00 July, loJ7. 

Whereas, Doubts are entertained as to the legality of Preamble 
the incorporation of the town of Beardstown, in Cass 
county ,now, thererefore, to remove all doubts, 

Sec. 1. Be it enacted by the people of (he State of Illinois, 
represented mike General Assembly, That the town of Beards- 
town, in the county of Cass, is hereby declared to be regu- 
larly incorporated under the act intitled An act to incorpo- 
rate such towns as may wish fc be incorporated, approved 
March 1st, 1831; and the corporation of said town shall be 



9G 



TOWNS. 

entitled to exercise and maintain all the powers and privi- 
leges therein granted to the trustees of incoporated towns 
under said act. 

Sec. 2. The trustees of said town, and those hereafter 
to be elected, shall have full power and authority to levy 
and collect a tax on all 'the real estate in said town, (valu- 
ation of the same being made without regard to the im- 
• provements thereon,) not exceeding six per centum per 
annum, for the purpose of raising the sum of ten thousand 
dollars directed to be raised by virtue of an act approved 
March 3, 1837, for the formation of the county of Cass. 

Sec. 3. All acts, orders, records, by-laws, and ordi- 
nances, made and passed by the trustees of the town of 
Beardstown, under the provisions of said act of incorpora- 
tion, shall be considered valid and binding in law until 
changed by the board of trustees of said town. 

Approved, 21 st July, 1837. 



In force 21st AN ACT to incorporate the town of Ottawa, and for other purposes. 

July, 1837. • 

Residentsincor- Sec. 1. Be it enacted by'lhe people of the State of Illinois, 
porated body represented in the General Assembly, That the resident inhab- 
polate . a0d CQl * itants of the town of Ottawa, in Lasalle county, are here- 
by constituted a body politic- and corporate, to be known 
by the name of the President arid Trustees of the Town of 
Ottawa; and by that name shall be known in law, and have 
perpetual succession, may sue and be sued, implead and , 
be impleaded, defend and be defended in courts of law 
and equity, and in all actions and matters whatsoever, 
may grant, purchase, receive, and hold real and personal 
property within the limits of said town, and no other, (bu- 
rial grounds excepted ;) may lease, sell, and convey the same 
for the benefit of said be, vn. They shall have power to 
Power to lease lease any lands that now are or which may hereafter be 
aBds# reserved and appropriated to the use of said town, and to 

do all other lawful acts as natural persons; may have a 
common seal, and break and alter the same at pleasure. 
Bomd •• f ^? c * ^* ^ nafc a ^ tnat district of country contained in 
the U tovvn'of On sect ' on eleven, the south half of .section twOj the north 
tawa. half of section fourteen, the west half of section twelve, 

the northwest quarter of section thirteen, the- southwest 
quarter of section one, "the southeast quarter of section 
ten, and the west half of the northeast quarter of sec- 
tion twelve,in township thirty-three noYth, o/ range three 
east, of the third principal meridian, together with all 
additions that are now laid out beyond - the above de- 



TOWNS. t}f 

Scribed limits, and recorded as additions to said town, is 
hereby declared to be within the limits or boundaries of the 
town of Ottawa. 

Sec. 3. That this incorporation shall be divided into Divided »•»# 
three wards, to wit: all that part which lies north of the II- lbree wards: 
linois river, and west of Fox river, shall constitute the first First ward, 
ward; all that part which lies south of the Illinois river, 
shall constitute the second ward; and all that part which Second ward; 
lies north of the Illinois river and east of Fox river, shall 
constitute the third ward; and the taxes collected for pub- Third ward - 
lie improvements, within the said respective wards, shall be 
expended under the direction of the board of trustees for 
improvements within their respective wards in which they 
are raised. 

Sec 4. The corporate powers and duties of said town p 0W ers vested 
shall be vested in seven trustees, who shall form a board in seven trus- 
for the transaction of business; three of whom shall reside tees- 
in the first ward, three in the second ward, and one in the 
third ward, until said third ward shall contain twenty-five 
voters, from and after which time there shall be elected from 
the residents of said ward three trustees; and the corporate 
powers and duties of said town shall then and thereafter be 
:.- Vestqd in nine 'trustees instead of seven, but all elections for 
• trustees in said town shall be by general ticket; 

Sec. 5. The trustees shall b.e elected annually, on the T rusteeg when 
first Monday in September, by the persons residing in said elected. 
town qualified to vote as hereinafter mentioned, to serve 
for one year, and until their successors are elected and 
qualified; they shall be citizen's of the United States, twen- 
ty-one years of age, shall possess a freehold estate within 
the limits of said corporation, and shall have resided in said 
town one year nexl: preceding the election. 

Sec 6. That the board of trustees shall appoint their Power t0 - a - p . 
president from their own body, shall appoint all other offi- point all officers 
cers of their board, and shall be the judges of the qualifica- 
tions, elections, and returns of their own members; a majori- 
ty shall constitute a board to do Hisiness, but a smaller 
number may adjourn from day to u.y, and may compel the 
attendance of absent members, in such manner and under • 
such penalties as the board may provide; they may deter- 
mine the rules of proceeding, punish their members for 
disorderly conduct, and by a vote of two-thirds of the whole 
number elected, expel a member; and make such other 
rules and regulations for their own government as to them 
may seem proper and expedient. 

Sec 7. No person shall vote for trustees of said town Who shall, not 
unless he be qualified to vote for representatives to the v0 
General Asseinbly^nd shall moreover (after the first gen- 
eral election) have paid a corporation tax, or shall have 

N 



9S 



TOWNS'. 



bona fide owned a freehold within 'the corporate limits of 
said town for at least three months' next preceding the 
election at which he offers his vote. 
Power to ecl- &ec. g. That the board of trustees shall haw power to 
lect taxes. j ey y anc j co ii ec t taxes upon all real estate andf personal pro- 
pcrty within the town, not exceeding one pet centum upon 
the assessed value thereof; to make regulations to secure 
the general health of the inhabitants; to prevent and re- 
Night watches. move nu i sa nces; to establish night watches; to erect lamps 
in the streets and light the same; to regulate and license 
ferries, and erectand keep in repair bridges, and regulate the 
tolls thereof within the limits of said town; to improve and 
preserve the navigation of the Illinois and Fox rivers be- 
low and within the limits of the corporation; tc restrain 
and prohibit shooting, horse-racing, bouses of ill fame, gam- 
ing and other disorderly houses; to provide for licensing, 
taxing, and regulating or prohibiting billiard tables, the- 
atrical and other shows, or other amusements; to regulate 
and license merchants, inn keepers, groceries, auctions 
and pedlers; to establish and regulate markets, and erect 
market houses;. to borrow mone v ; to regulate, grade, pave,. ; 
improve, open, extend, widen, and keep in repair streets,.^ 
side walks, avenues, lanes, alleys, drains, and sewers, to j 
keep the same clean and free from incumbrances; to pro- 1 
vide for the preservation and extinguishment of tires, by 1 
estabJishing and regulating a fire department; to dig wells 
and erect pumps on the streets for the convenience of the 
inhabitants, or.construct aqueducts; to supply the town with ! 
Storage of gun water ; to regulate the storage of gunpowder, and all other 
powder. combustible materials; to establish and enforce quarantine ■ 

law; to regulate the police of the town; to regulate theelec- ; 
<#*^.rr <; tion of the town officers, and. to fix their compensation; and * 

=»"• <To fix compen- _• . . •*.'•• * ' 

'",■ sation of officers ' rom time to time to pass such ordinances to carry into ef- 
fect the ordinances of this act, and the powers hereby 
granted, as the good of the citizens may require; and to i'm- - 
pose fines and. forfeitures for the breach of any ordinance, 
and toprovide for tl - ollection of the same. 
Special taxhow Sec. 9. That upon the application of the resident own- 
•oiiected. ers of two-thirds of the real estate belonging to the resi- 
dents on any street or parts of a street, it shall be lawful for ' 
the board of trustees to levy and collect a special tax on all 
the lots on said street, or parts of a street, according to their 
respective fronts, for the purpose of grading or paving the 
side walks oh said street or parts of a street. 
hoT C ompC Cd SeC * iU * That the board of trustees shall make ade- 
sated. quate compensation to any person or persons who may be 

injured by opening, widening, extending or improving, any 
street, lane, alley, avenue, or side walk, within the limits of ' 
the town, under the provisions of* this a<?t: to ascertain 



. TOWNS. -< 99 

which the board shall cause to he summoned twelve good 
and lawful men, freeholders and inhabitants of said town, 
not directly interested, who, after being duly sworn for that 
purpose, shall enquire into and .take into consideration as 
well the benefits as the injury which may accrue to the 
party, and estimate and assess the damages which would 
be sustained bytyeasonof the opening, extension, widening, 
grading or improving of any street, avenue, lane, alley or 
sidewalk; and shall, moreover, estimate the amount which 
otherpersons will be benefitted thcreby,andshall cor. tribute 
towards compensating the persons injured; all of which 
they shall return to the board of trustees, under their hands 
and seals, and the person or persons who shall be benefit- 
ted and so assessed shall pay the same in such manner as 
shall be provided, and the residue, if any, shall be paid out 
of the town treasury. 

Se^. 1 1. All ordinances shall be published, and posted Ordinances to 
in three of the most public places in said town, within ten be P ub,ished - 
days after they are passed, and if there be a newspaper in 
the town shall also be published therein, within said ten 
days. 

Sec. 12. That when any real eslate in said town shall Lots solli ma 7 
have been sold by the authority of the corporation, for non beiedeemed - 
payment of any tax that may have been levied upon the 
same, the same shall be subject to redemption by the owner 
or owners thereof, his, her or theiragent or agents, within 
one year after the same shall have been sold, on paying 
to the treasurer of the board of trustees of said town, for 
the use of the purchaseror purchasers,doublethc amount of 
taxes for which the same was sold, together with cost for 
selling the same; and if not redeemed by the owner or 
owners, then the same shall" be subject to redemption by 
any judgment creditor, his, her or their agent, within fifteen 
months after the same shall have been sold, on paying as 
above specified; but, should the said lots or part of lots, or 
real estate, so soidfor the non payment of taxes as aforesaid, 
not be redeemed within the time specified, then, and in 
that event, it shall be the duty of the president of the board 
of trustees of said town, to execute a deed with special 
warranty, signed by the president and countersigned by 
the clerk thereof. 

Sec. 13. It shall be the duty cf the board of trustees to Dutyof trusteesr 
cause, to be paid to the owner or owners of lots or real es- 
tate all moneys which may have been paid to the treasurer 
by them, over and above the amount of the taxes for 
which they were sold, and the cost of selling the same. 

Sec. -*!4. The officers of said .board of trustees, (in addi- Officers of 
tion to the president,) shall consist of one clerk, one trea- board, 
surer, one ns^ssor and collector of taxes, one surveyor^ 



100 TOWNS 

two street commissioners, two measurers of wood and 
weighers of grain, and such other officers as the trus- 
tees may deem necessary for the good of said town. 
The companies Sec. 15. That the president and trustees of said town 
shall, whenever they may deem it necessary, order the for- 
mation of fire engine companies, and fire hook and ladder 
companies. The fire engine companies to contain each, 
from fifteen to thirty able bodied men of between the ages 
of eighteen and fifty years, and no more. The fire hook 
and ladder companies, to contain each from ten to twenty 
able bodied men and no more; which companies shall be 
formed by voluntary enlistment, and shall be officered and 
governed by their own by-laws; every member of said 
companies shall be exempt from military duty, and from 
serving as jurors; and whenever a member of said compa- 
nies shall have served twelve years he shall receive a dis- 
charge from the incorporation, signed by the president, and 
shall forever thereafter be exempted from further jury or 
military duty, except in case of insurrection or invasion. 
Qfficevs;»o take g EC . jg. That every officer of said corporation shall, 
? athl before entering upon the duty of his office, take an oath or 

affirmation before some judge or justice of the peace, to 
support the constitution of the United States and of this 
state, and faithfully to discharge the duties of his office. 

Sec. 17. That the foregoing provisions of this act shall 
take effect so soon as they shall have been accepted by the 
inhabitants of said town, and not before, in manner follow- 
ing, to wit: an election shall be held at the court house in 
said town, on the first Monday in September next, to be 
conducted by any two or more of the thenresident justices of 
said town, or judges of the election, (and it is hereby made 
the duty of said justices either to serve asjudges at said elec- 
tion, or to appoint three competent persons residents of said 
town to serve in their stead,) at which all persons qualified 
to vote for representatives to the General Assembly, shall 
be entitled to vote ei ^for or against this charter, and if 
a majority of all the votes given be for the charter, then the 
said judges shall determine the time and place of holding 
the first general election, which shall not be more than 
fourteen days, nor less than seven, aftrr the acceptance of 
the charter, and shall publish notice thereof for at least four 
days before the day appointed for such election;! at which 
election it shall be the duty of two or more of said justices 
to serve as judges or to appoint others to serve in their 
Stead, as herein before directed; but if the charter shall not 
be accepted as aforesaid, then any two of the resident jus- 
tices of the peace in said town may, from time to time, when- 
ever they shall be petitioned to that effect by a majority of 
\he householders residing in said town and corporation, 



TOWNS. 101 

cause an election to be held as aforesaid, until the charter 
shah be accepted as aforesaid; they shall then proceed as 
herein before provided; and the tiustees who shall be elect- 
ed at the first general election, shall continue in office till 
the day hereinbefore designated for the annual election of 
trustees and until their successors are elected and quali- 
fied. 

Approved, July 21st, 1837. 



AN ACT to amend an act, entitled an Act to incorporate the Town of Car- In force, 21st 
linville, approved March 4, 1837. J" 1 ^. 18 3?. 

Sec. 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 incorporate the town of Carlim 
ville," approved March 4, 1837, as declares that the cor- 
porate limits of said town shall extend a half mile north, 
east, west from the centre of the public square, and Part of act ^ 
south to the prescribed limits of the town plat, as recorded pealed 
in the county of Macoupin, be, and the same is hereby 

repealed. 

Sec 2. The corporate limits of the town of Carlinville c ate lim . 
shall hereafter be prescribed and fixed by the trustees of itst0 beiimhed 
said town, in such manner as to include the original plat of by trustees of 
said town and such additions thereto as have or shall be toWB 
made hereafter to the same, but shall not include any lands 
not laid off into town lots. 

Sec 3. That the inhabitants of the town of Franklin, 
in the county of Morgan, are hereby authorized and cm- F 

powered to become incorporated in the manner and upon ^ ^ be .^ 
the terms prescribed in the act entitled "an act to incor- cor porated 
porate the inhabitants of such toens as may wish to be 
incorporated," approved Februag 12, 1831, notwithstand- 
ing there may not be one hundred and fifty inhabitants in 
safd town; and upon complying with the provisions ot the 
act aforesaid the inhabitants of the said town, and the 
president and trustees thereof when elected, shall have, ^ ^ 

exercise, and enjoy all the rights, privileges, and powers priv j legegofact 
granted and conterred by the act above recited, and the 
several acts amendatory of the act aforesaid. 

This act to be in force from and after its passage, 
Appboved, 2lst July, 1837, 



102 



TOWNS. 



In forea July AN ACT to alter the town plat of Geneva, and for other purposes. 

21 , 1837. 

Sec. 1. Be it enacted by the people of the Slate of Illinois, 

represented in the General Assembly, That the proprietors of 

the town of Geneva, Kane county, and the owners of lots 

Proprietors of therein, be, and they are hereby authorized and empow- 

rown may va- crC( j to a i teri change, or vacate the survey and plat of said 

I ate P a town; Provided, The consent of fill the proprietors and 

owners aforesaid shall be first had in writing, which shall 

be acknowledged before some justice of the peace of the 

county, and recorded in the recorder's office of the county 

of Kane. 

Sec. 2. That R. J. Hamilton, James M. Strode, James 

Herrington, and their associates, be, and they are -hereby 

May build mill authorized to construct a mill dam across Fox river' at the 

dam town of Geneva; Provided, however, said grant shall not be 

Proviso so construed as to prevent the state from improving said 

Fox river by dams and locks, at any time hereafter, foT'i he 

purpose of slack water navigation. 

> a w- of u town Sec. 3. That the name of the town of Winches'er, in 

ot Winchester . 

changed the county of Will, be, and it is hereby changed to the 

name of Wilmington, and by that name the aforesaid town 
shall be hereafter known and designated. 

Sec. 4. All bonds and other contracts made and 

Ail b & entcre( * i nto of and concerning the said town of Winches- 

atiii birlding °' ter > an d a " muniments of title of and concerning the said 

town of Winchcster,shall apply and be as binding as if the. 

name of the said town had not been changed. 

Approved, 2lst July, !837. 



In force 21st AN ACT to incorporate the Town of Jerseyville 

July, 1837 

Sec 1.. Beilenactv by the 'people of the State of Illinois, 
represented in the General Assembly, That the inhabitants 
and residents of the town of Jerseyville, in Greene coun- 
Body corporate ty, are hereby made a body corporate and politic, in law 
ate<i P ° ,tlCCre ' a,ld in fact > b J the name °f the President and Trustees of 
the Town of Jerseyville; and by that name and style 
shall have perpetual succession, and may have and use a com- 
mon seal which they may alter or revoke at pleasure, and in 
whom the government of said corporation shall be vested 
and by whom its affairs shall be managed. 

l7ZnZe S d u If u 2 * , T l 16 co /P orate P°^ crs ™d duties of said town 
w shall be vested in five trustees, to be chosen and appoint- 



TOWNS. 103 

ed as hereafter directed, who shall form a board lor the 
transaction ol' business. 

Sec. 3. 'John W. Lott, George II. Collins, Samuel First , rustee 
L. McGill, Richard Graham, and Edward M. Da- 
ley, shall be the first trustees, and shall hold their 
office until the first Monday in Way next; and the 
members composing the board of trustees thereafter 
shall be elected by the persons residing within said town 
and incorporated limits, qualified to vote for representa- 
tives to the legislature, on the first Monday in May in First election 
each year, to serve for one year, and until their successors 
are duly'elected and qualified. They shall beat least 
twenty-one years of age, citizens of the United States, 
and inhabitants of said incorporated limits, and bona fide 
freeholders in said town; and shall have power to fill all Vacancies, how 
vacancies in their own board, which may be occasioned rilled 
hydeath, resignation, or otherwise. 

Sec. 4. That the board of trustees shall appoint their Officers, how 
president and all other officers of their board, and shall appointed 
be judges of the qualifications, elections, and returns of 
their own members. A majority shall constitute a board 
to do business^ but a smaller number may adjourn from 
day to day; may compel the attendance of absent mem- 
bers in such manner, and under such penalties, as the 
board may provide; they may determine the rules of 
proceeding, punish their members for disorderly conduct, 
and, by the concurrence of two-thirds of the whole num- 
ber elected, expel a member, and make such other rules 
and regulations for their own government as to them may 
seem proper and expedient. 

Sec. 5. That the board of trustees shall have power Ma y W an< ^ 
by ordinance to levy and collect taxes upon all real estate 00 
within the town and limits of the incorporation, not ex- 
ceeding the one half of one per centum upon the assessed 
value thereof, except as hereafter excepted; to make 
regulations to secure the general health of the inhabitants; 
to prevent and remove nuisai. is; to establish night 
watches, erect lamps in the streets, and light the same; 
to provide for licensing, taxing, and regulating auctions, Trustees to li- 

r • in i i ■ i j Tl i cense taverns,- 

taverns, groceries, and pealers, theatrical and other snows &c 
and amusements; to restrain and prohibit gaming houses, 
bawdy houses, and other disorderly houses; to establish 
and regulate markets; to open and keep in repair streets,, 
avenues, lanes, alleys, drains, and sewers, and to keep 
the same clean; to require bund and security of town of- 
ficers for the faithful performance of their duties; to pro- 
vide for the prevention and extinguishment of fires; to dig 
wells, and erect pumps in the streets for the convenience 
of the inhabitants; to regulate the police of the town; to Police of town 



104 TOWNS. 

regulate the elections of the town officers, and fix their 
compensation; and from time to time to pass such ordi- 
nances as to carry into effect the objccts_of this act, and 
the powers hereby granted, as the good of the inhabi- 
tants may require; and to impose and appropriate fines 
and forfeitures for the breach of any ordinance, and pro- 
vide for the collection thereof; and that in all cases 
arising under this act, or growing out of the by-laws and 
ordinances made in pursuance of this act of incorpora- 
tion, any justice of the peace within said corporation shall 
have jurisdiction to hear and determine the same; and an 
appeal may be taken, and writs of certiorari alfowed from 
any such decision in the same manner as now is, or here- 
after may be, provided by law for appealing from judg- 
ments of justices of the peace. 
Special tax ^ Ec ' *>* That on the application of the owners of two- 

how levied ' thirds of the front of the lots on any street, or part of a 
street, it shall be lawful for the board of trustees to levy 
and collect a special tax on the owners of the lots on 
said street, or part of a street, according to their respective' 
fronts, for the purpose of grading and paving the side 
walks on said street. 

Sec. 7. The board of trustees shall have power to re- 
gulate, grade, pave, and improve the streets, avenues, 
lanes, and alleys, within the limits of said town and cor- 
poration, and to extend, open, and widen the same$ 
making the person or persons injured thereby adequate 
compensation, to ascertain which the board shall cause 
to be summoned six good and lawful men, freeholders and 
inhabitants of said town, not directly interested (who be- 
ing first duly swoin for that purpose,) shall enquire into 
/ and take, into consideration as well the benefits as the 
injury which may accrue, and estimate and assess the 
damages which would be sustained by reason of the open* 
ing, extending, widening of any street, avenue, lane, or 
alley, and shall moreover estimate the amount which other 
persons will be be: itted thereby, and shall contribute 
towards compensatii. & the person injured, all of which 
shall be returned to the board of trustees under their 
hands and seals; and the persons which shall be bene- 
fitted and so assessed, shall pay the same in such manner 
as shall be provided by the board of trustees; and the 
residue, if any, shall be paid out of the town treasury* 
The board of trustees shall have power to close any lane 
or alley in said town, whenever they may judge it expe* 
dient, and to make such disposition of the ground amongst 
the owners of the adjoining lots as the circumstances of 
the case may require, so as to fully vest in them the fee 
simple of such ground; also the board of trustees shall 



TOWNS. 105 

have power to pass such by-laws or ordinances, from time 
to time, as to thsm may seem expedient and not incon- 
sistent with ^gM&blic law oi t'iia state, as the good of 
the citizens cf said town may require. 

Sec. 8. That ail ordinances of said trustees shall be Ordinances to 
fairly written out, signed by the clerk, and published in a e ma pu 
newspaper printed in the town, or posted up at three of the 
most public places in said town, and no ordinance shall 
be in force until published as aforesaid. 

Sec. 9. That the board of trustees are also vested with Nuisance 
power to 3c*clare what shall be considered a nuisance 
within said town and incorporated limits; to prevent the 
running itnd indecent exhibition of horses within the 
bounds of said town; to provide for the trial and punish- 
ment of persons who may be engaged in assaults, assaults 
and batteries, and affrays, within the limits of said incor- 
poration; and to provide that such punishment may be 
inflicted for any offence against the laws or ordinances of 
the corporation^ as is or may be provided by law for like 
offences against the laws of the state: Provided, That no Proviso 
person shall be deprived of the right of trial by jury in 
any case where such person would be entitled to a trial 
by a jury for a like offence against the law of the state. 

Sec 10. That the board of trustees shall have power p ™*™ ent of 
to provide for the punishment of offenders by imprison- 
ment in the county jail, in all cases where such offenders 
shall fail or refuse to pay fines which may be assessed, 
or for forfeitures or penalties which may be recovered: 
Provided, That no person shall be imprisoned under the Proviso 
provisions of this act for a longer period than twenty- 
four hours for every five dollars of any fine assessed, or 
forfeiture or penalty recovered. 

Sec 11. That the board of trustees shall have power 
to provide for the punishment of persons who may at any 
time disturb the peace of the inhabitants of the town or 
incorporated limits, or the deliberations or proceedings 
' of any public meeting of such inhalants, or oi the board 
of trustees when in session. 

Sec 12. That the lot, in front of which any side : Lots to be tax . 
walk is made, shall be taxed to pay at least one half of eri ib, : side 
the expenses of making such side walk, in addition to walk, 
the regular tax which shall be assessed, and collected in 
the same manner as other taxes are. 

Sec 13. That the board of trustees shall have power 
to adopt such modes and means, for the assessment and £—, * 
collection of taxes, as they may from time to time hx taxes 
upon and determine, and to prescribe the manner ot sell- 
ing property when the taxes levied upon it is not paid: 
Provided, however, That no sale of any town lots, or other Prorf* 



I0(i TOWNS. 

real estate, shall be made until public notice of the time 

and place shall be given by advertisement in a newspaper, 

., . . , or by posting up written notices in three of the most 

Notice to be J V o . i ^ 

& i V e„ public places in said town at least fifteen days previous 

thereto. ■ 
Lots sold may Sec 14. That when any town lot or lots, or real ear- 
be redeemed in fafe^ s l ia ll be sold for taxes by virtue of this act, the same 
two years m ^ lje rcc i eernec j a j- ari y t j mc w jthin tw6 years from the 
date of such sale, by.the owner of said property, or hrs 
or her agent, executor, or administrator, paying to the 
treasurer of said town, for the use of the purchaser of 
WOTCT Pt,0n said property? the fall amount of the purchase money, 
with interest at the rate of fifty per cent, per annum, to- 
gether with the costs accruing thereon. 
oT e- to ^ EC " 15# That the members of the board of trustees, 
be sworn and every other officer of said corporation, shall, before 

entering on the duties of his office, take an oath or affir- 
mation before some judge or justice o.f the peace to sup- 
port the constitution of the United States and of fhisv 
state, and faithfully to demean themselves in office. 

■. Sec 1(5. That the board of trustees shall have power 

Town consta- . ... . ., .n , . i 

bietobe ap- *o appoint a town constable or constables, and authorize 

pointed him to execute all writs, process, and precepts which may 

be issued against persons for the violation of the laws or 
ordinances of the corporation, and to arrest on view all 
persons who may violate such laws or ordinances; to col- 
lect all lines, forfeitures, and penalties which mny be as- 
. Bond and seen- scssed or recovered for the use of the corporation; and'.. 
connabies Cl1 ° f to rCf l uire l) ond and security of said constable, in such 
sum as they may think proper: said constable or consta- 
bles to hold their office during the pleasure of the board of 
trustees; and shall have and possess the same powers, and 
., perform the same duties in other respects,-' as the consta- 

bles in the different districts 1%-the cqynty possess. 

Sec. 17. That all that district of country included 
within the corporate limits of said town, be, and the same 
rs hereby constitute into a district for the election of 
a justice of the peace. , 

Duty of county Sec. 18. That the county commissioners' court of the 
commissioner county of Greene are hereby authorized and required 
cause 'Tectkm to causc an election to be held hereafter,, as soon as prac- 
for justice of ticable, and at each quadrennial election thereafter, for 
fee peace one justice of the peace in said district. The justice of 
the peace elected shall hold his office until the next gene- 
ral election for justices of the peace, at which time his 
successor shall be elected as in other cases; and the per- 
Jurisdiction of son thus elected shall have anil exercise the some juris- 
diction, hold his office by the same tenure, and be under 



TOWNS. 



107 



the regulations in all respects as other justices of the 
peace of this staJA 

Sec. 19. T^thc board of trustees, for the^urpose A11 maIes to 
ot keeping the streets and alleys in said town and incor- worV th.eedays 
poratcd limits, and thct-public roads passing from and on stiects 
through the centre of said town, in good repair, and to 
this end they are authorized to require every male resi- 
dent of said to^vn and incorporate limits, over the age of 
twenty-one ye&rs, to labor in said streets, alleys, and roads, 
least three days in each year; and any person who shall 
be notified by the street commissioner to perform such 
labor, so- assessed, as herein provided, and shall fail or hi case of neg- 
neglcct to perform the same, shall forfeit and pay the lect or rcfusal 
sum of one dollar for each day's labor neglected to be 
performed; and the street commissioner in said town is '" e 
hereby authorized to prosecute such delinquent person 
in the name of "The President and Trustees of the Town 
of Jerseyville,''b^fore any justice of the peace in said 
town: and said street commissioner shall be a competent 
witness against said delinquent; and in case of default as 
aforesaid, the justice of the peace shall enter up judg- 
ment against said delinquent for the amount so forfeited, 
with costs of suit, and issue execution forthwith. 

Sec. 20. That it shall be the duty of any justice of the Duty of justice 
peace residing in said town, and he is hereby authorized when laws ate 
and empowered, on complaint being made to him, on oath, V10lated 
of the violation of any law or ordinance of the corpora- 
tion, to issue his warrant, directed to the town constable 
or any other authorized officer, to apprehend the offender 
or offenders, and bring him or them forthwith before him, 
and after hearing the evidence, if it shall appear that the 
said accused has been guilty of the violation of any such 
law or ordinance of the corporation, to impose .such fine 
or imprisonment as shall be provided in such law or 
ordinance: Provided, Such fine shall not exceed fifty dol- Pl0vii0 
lars. 

Sec 21. That the said corpen .ion is hereby made ^ v ° I r l erty 
capable in law to take and hold to themselves and their 
successors any lands, tenements, hereditaments, and the 
rents, issues, and profits thereof, which may be neces- 
sary for the erection of any market house and other 
public buildings, to promote the interest and public good 
of the citizens of said town, and the same to sell, grant, 
and dispose of, if necessary, and to sue and be sued, 
plead and be impleaded, answer and be answered in any 
court or place whatever; and all suits and judicial pro- 
ceedings under this act shall be brought in the name and 
style of "The President and Trustees of the Town of 
Jerseyville, , ' 



108 TOWNS. 

Sec. 22. That for the purpose of carrying the afore- 
said powers into effect, the said trustees shall have power 
_,. to define the boundaries of such town: Provided, That 

the same shall not exceed one mile square. 
Fees of officers Sec. 23. That justices of the peace and constables, 
who are required to render services under this act, shall 
be entitled to the same fees, and collect them in the same 
manner as now is, or hereafter may be.- provided by 
law. 

Sec. 24. This act shall take effect and be in force 
from and after its passage, any law to the contrary not- 
withstanding. 

Sec. 25. The General Assembly reserves the bright to 
Right to repeal a |ter, amend, or repeal this act, whenever the public good 
may require the same. 

Approved, 21st July, 1837. 



% 



!«.. a. 






PRACTICE. J09 



[The following Law was accidentally omitted from its 
proper place in the preceding pages.] 

AN ACT- tpVaiueiid the Act entitled "An Act concerning Practice in Courts In force 2|st 
of Law," approved 29th January, 1827. July, 1837. 

Sec. 1. Be it enacted by the people of the State of Illinois, 
represented in the General Assembly, That exceptions taken 
to opinions and decisions of the circuit courts, upon the 
trial of causes, in which the parties agree that both mat- 
ters of law and fact may be tried by the court; and in ap-; 
peal cases, tried by the court without the intervention of 
a jury, shall be deemed and held to have been properly ta- 
ken and allowed, and the party excepting may assign for 
error before the supreme court, any decision or opinion 
so excepted to, whether such exception relates to receiv- 
ing improper, or rejecting proper testimony, or to the 
final judgment of the court upon the law and evidence. 

Sec. 2. Exceptions taken to opinions or decisions of 
the circuit courts, overruling motions in arrest of judgment, 
motions for new trials, and for continuances of causes, shall 
hereafter be allowed; and the party excepting may assign 
for error any opinion so excepted to, atfy usage to the con- 
trary notwithstanding. 

Approved, 2 1 st July 18S7. 



i fttM 



RESOLUTIONS., 



Memorial and Resolutions in relation to Internal Improvements. . 

To the Congress of the United States of America: The 
Memorial of the Legislature of Illinois^csjyectfully represents'^ 
That, at a former session of this legillature, they adopted,' 
by a large majority, a system of internal improvements 
throughout the state, embracing one grand central rail- 
road, from Galena to the mouth of the Ohio river, togeth- 
er with various other railroads, traversing the state in 
several directions, communicating with the great rivers, and 
pointing to other projected improvements in other states; 
in all, constituting a line of railroad exceeding a thousand 
miles, the average cost of which is estimated at less than 
seven thousand dollars per mile. 

Your memorialists would further represent, that, al- 
though there is nothing of novelty in the undertaking, and 
that no new argument can be urged in favor of this adop- 
tion, further than the peculiar adaptation of the country 
for the construction of such works, owing to its generally 
Jevel surface, yet they feel dispassionately confident of 
success. 

This state is yet in its infancy, but from the rapid in- 
crease of population and wealth, it promises soon to real- 
ize the anticipations of its citizens. ' 

The system which it has adopted needs tcsome extent 
however, the sanction of the general government, and its 
aid; and from the attention which an application of a pri- 
vate company for "right of way" and grants of lands, has 
heretofore received, they feel confident that a similar ap- 
plication from the state would receive not less attention 
Your memorialists are confident that a true and correct 
representation of these matters, by our representatives in 
congress, cannot fail to have their due weight, and will 
doubtless influence the congress to adopt some plan by 
which the sale of the public lands will be ensured, and the 
people generally benefitted. 



RESOLUTIONS. HI 

The General Government has heretofore viewed the 
construction of thfc Illinois and Michigan canal as a na- 
tional work, and appropriated large amounts in lands to 
the construction thereof. The state entered with bold- 
ness into that gra-n'd design, and pledged itself to the pro- 
secution of the WiO.rk. Although the cost far exceeds all 
reasonable aqjjciphtion, they are determined to pursue it 
ori the most practicable plan; and they have the confi- 
dence tha.t-the government of the United States will com- 
ply with - its implied pledges, entered into to guarantee the 
work. i'\ 

But while the energies of the state are directed to this ob- 
ject, they are not to be confined in its enterprizes to 
the construction of one hundred miles of canal, benefiting 
but. a small portion of the state: they have taken a more 
^extended view, and adopted a more liberal system, that 
indicated by the internal improvement act of the last ses- 
sion, and although it is superficially extensive, it is confi- 
dently believed that it will not cost more to construct.allthe 
works indicated by the act, than it will to complete the 
canal. Yet no invidious comparisons are made. Itisthear- 
dent wish that the two works should harmonize together, 
and proceed with an equal pace, each equally receiving 
the fostering aid of the state and the general government. 
No true friend of the prosperity of Illinois, is in favor of 
overturning the one and promoting the other of these pro- 
jects, because it would equally prostrate both. The canal 
and the internal improvement system being in the same 
state, affected by .(he same laws, and advancing the inter- 
ests of the same people, are of a social disposition, and 
will flourish best by the mutual protection of each other.- 

Your memorialists, therefore, pray your honorable body 
to grant to the state the right of way over the public lands* 
for the several routes' indicated by the internal improve- 
ment act; and also to grant to the state the right to pur- 
chase any quantity of lands along the routes of the seve- 
ral railroads, at a credit of ten years, without interest, not 
excecding.five hundred thousand acres, rir to gra*nt t& the? 
state without sale or price, such quantity. 

. They also further pray that Congress, in order to carry' 
out the design of the general government more fully, of 
completing the construction of the Illinois and Michigan 
canal, would grant such a quantity of land, bordering on 
said canal, or elsewhere, as will be sufficient to complete 
said work, upon condition that it may be needed, and up- 
on the further condition that the state will guaranty the 
faithful application of the means hereby asked. _ 

Resolved by the Smote and House of Representatives, That 
our senators and representatives in congress be requested 



1 12 RESOLUTIONS. 

to use all means in their power to procure the passage of 
a law of congress, to authorize the state of Illinois, by and 
through the commissioners of public works, to enter lands 
along the several routes of railroads, and other improve- 
ments contemplated by the "act to establish and maintain 
a general system of internal improvements," on acreditof 
ten years. 

Resolved, That our senators and representajtives be also 
requested to procure the passage of a further .provision, 
granting to the state the right of way over the lands own- 
ed by the general government within this state., iS con- 
struct the projected works of internal improvement/^ 
Whereas, the Illinois and Michigan canal has beeii look- 
ed upon as a national work, and grants of land fromRthe 
general government have been made to commence the 
,same: 

Resolved, That our senators and representatives be re- 
quested to procure the passage of a law by congress, gran-" 
ting to this state further means to complete said work, up- 
on such conditions as the Congress of the United States 
shall order and direct. 

Approved, July '21st, 1837. 



REPORTS 



OF THE 



AUDITOR AND TREASURER, 



TO THE 



GENERAL ASSEMBLY, 
JULY, 1837. 



AUDITOR'S REPORT. 



State of Illinois, Auditor's Office, 
Vandalia, Ju\y l'2th, 1837. 
Sir: . - ■ 

la compli,am?e with the resolution of the House of Representatives, 
requesting the Auditor to "transmit to the House a statement ot the 
condition of the Treasury of this Stale,*' I have the honor to submit 
the following report, showing thefflhOunt of receipts into the Treasury, 
from the 3d day of December, I83b\ to the 30th day of June, 1&37, 
inclusive, and^tJae^expenditures^n the part of the State during the 
same^miodf'alsb, a stateThen't of the account of the State Bank with 
the State of Illinois, since she became the liscal agent of the State, up 
to the said 30th day of June; together with a statement of the present 
situation of the School Fund. 

I have the honor to be, 

Sir, your obd't Sei vant, 

LEVI DAVIS, 
Auditor of Public Accounts. 
To the Hon. the Speaker 

of the House of Representatives. 
P 



114 



AUDITOR'S REPORT. 



Dr. 



CHARLES GREGORY, State Treasurer, in 



For amount remaining in the Treasury, on the 3d 'day 
of December, 1830, - 

For amount received from nonresidents, from 3d De*. 
cember, 1830, to 10th April, 1837, 

For amount received from Sheriffs, during same pe- 
riod, _..--- 

For amount received from Revenue Clerks, 

For amount received from State Bank of Illinois, being 
the amount of interest which accrued on the Wig- 
gins loan, from the passage of the act authorizing the 
Bank to redeem said loan, up to 1st July, 1830, 

For amount received from State Bank of Illinois, be- 
ing the bonus due from said Bank, on the 1st day of 
January, 1837, - 

For amount received for debts due the old State Bank 
and branches, - 

For amount received from the Commissioners of the 
School Fund, - - 

For amount received from Trustees of James Hall, for- 
mer Treasurer, - - 

For amount received from Commissioner of sales of 
Gallatin Saline Lands, ".---_ 

For amount received from sale of materials of old State 
. House, 

For amount of redemption money received, 

For amount of "Surplus Revenue received fnm the 
United States, - 

Total, '. 



;83,140 37 

256-63 

2,6G3 OS '• 
34,G07 £5 



2,706 70 


7,017 75 


333 00 


116,750 00 


1,03S 96 | 


79 40 


19 57 
220 46 


239,306 38 


$490,21)4 85 



AUDITOR'S REPORT..- 



115 



account iL-.th THE STATE OF ILLINOIS. 

..y'V _ 



Cr, 



By amount of warrants paid at the Treasury, from I d 

December, L836, to 16th April, 15 7, 
" By amount of State paper burned during same period, 
By amoun^jpSp'osited in State Bank of Illinois, 
By amount of Funded Stock redeemed, 
By amount of interest allowed on State paper received 

for taxes, - 

By amount of tax refunded on land redeemed, 
By amount of money refunded - 
By amount of redemption money paid out, 
By amount retained by treasurer for his services and 
expenses in collecting first instalment of surplus re- 

; venue, 

By amount to balance* ----- 



5*211,034 48 
106 00 

277,218 31 
707 52 


40 80 
30 08 
33 47 
57 70 


807 00 
109 49 



„ Total 



$ 490,204 85 



116 



AUDITOR'S REPORT, 



Dr. 



JOHND. WHITESIDE, Slate Treasurer, in 



For amount received of Charles Gregory, late Treas- 
urer, being the balance in his hands on the l6th day 
of April, 1837, - - - - 

For amount received from non-residents from 16th 

April to 30th June, 1837 - - 

For amount received from Sheriffs during same period 
For amount received from the Revenue clerks 
For amount received from the Commissioners of the 

School Fund - - - 

For amount received from the State Bank, being the 
dividend due the State on $100,000 stock subscribed 
by State ..---- 
For amount of redemption money received 
For amount of Surplus Revenue received from United 
States - - 



Amount from foregoing page 



Total, 



$109 


49 


1150 


57 


1780 69 


2237 


27 


1100 00 



2500 00 
629 61 

238,612 76 



248,120 39 
490,204 85 



$738,325 24 



Dr. 



The STATE BANK OF ILLINOIS in 



For amount deposited in the State Bank up to 30th 
June, 1837 - 

For amount due on settlement on the 30th day of 
June. 1837 ------ 

To this sum add the amount of Surplus Revenue de- 
posited in the Bank on the 29th day of June, but which 
was not taken into the foregoing account, the certifi- 
cate of Deposue not having been received in time 

Amount due the state on the 30th day of June, 1837 



$305,781 65 



289,669 51 



99,306 38 



$388,975 89 



AUDITOR'S REPORT. 



117 



account with THE STATE BANK OF ILLINOIS, 



Cr. 



By amount deposited in the State Bank of Illinois. 

from 16th April to 30th June, 1837 - - 

By amount deposited in the Bank at Shawneetown 
By amount of state paper burned - 
By amount of interest allowed on State paper received 

for taxes ----_. 
By amount to Balance (this balance has been deposited 

in Bank by the Treasurer) - 



Amount from foregoing page 



Total, 



$187,869 75 

60,000 00 

150 00 

8 49 

92 15 



248,120 39 



490,204 85 



$738,325 24 



account with the STATE OF ILLINOIS, 



Cr. 



By amount of warrants paid up to 30th June, 1837, 


$76,112 17 


By amount tc balance, j- - - - 


289,669 51 




$-365,781 68 



218 



AUDITOR'S REPORT. 



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<«*-*- 



AUDITOR'S REPORT. 



119 



Amount of Warrants issued from the 3rd day of December, 18?6, to 30th 
June, 1 837, for the current expenses of the State, and charged to the follow- 
ing accounts, to wit: 



On what account drawn. 



Special appropriations, ... 

Interest on school, college, and seminary funds, 

Circuit attorneys, .... 

The General Assembly, - 

Money refunded, .... 

The Judiciary, .... 

The Secretary of State, ... 

The Militia, 

Incidental expenses, .... 

The Attorney General, ... 

The Penitentiary Inspectors, ... 

The Auditor of Public Accounts, 

The Treasurer, - - ' - 

The Contingent Fund, 

Warden of the Penitentiary, ... 

Appropriations to counties, ... 

The Governor, .... 

Public Printing, (bills, reports, laws and journals and 

paper for same session 1836, '37,) 
State Bank Stock, .... 

Counties on Military Tract, ... 
Appropriation for killing wolves, 
Appropriation for State House, Vandalia, 
Appropriation for State House, Springfield, 
Board- of Fund Commissioners, 
Interest on State Paper Stock redeemed, 
Appropriations for Roads, ... 

Appropriations out of Canal Fund, 
Distributing Laws and Journals, 

Total Amount, 

Amount due the State from the Bank on the 30th June, 
1837, 

From this sum deduct amount of outstanding warrants 
against the Treasury, ' $721 42 

Amount of outstanding warrants against the 

Bank, .... 8,086 79 



Amount. 



Balance in favor of the Treasury on the 30th June, 1837, 



$10,597 21 
14,085 53 

920 73 
60,975 15 

110 21 
6,134 63 
l,6i5 00 

665 00 
1,045 25 

366 29 

200 00 
1,400 00 
1,065 24 
1,037 52 

483 33 
5,341 39 

650 68 

11,652 28 

100,000 00 

2,800 00 

13 00 

10,268 82 

12,000 00 

50,000 00 

55 42 

780 00 

661 00 

1;)0 00 



1295,089 6S 



$388,975 89 



8,808 21 



§380,167 68 



120 



AUDITORS REPORT 



The amount of $388,975 89 due the State from the. Bank from the 
30th day of June, consists of , §31)7,919 14 of surplus revenue received 
from the United States, and $2 1, 051) 75 derived from ordinary sources 
of revenue. Three instalments of surplus revenue, amounting to the 
sum of $4?7,9l9 14, have been received a ; nd deposited by the Treasur- 
er in conformity with the law. The sum of $60,000 has b&pn deposit- 
ed in the Bank at Shawneetown, and the remainder in trjwSlate Bank 
of Illinois. Of the amount deposited in the last named-jfank, the sum 
of $50,000 has been drawn out by the Board of Fund Commissioners. 



The following is a statement of the present conditio?! of the School, College, 
and Seminary funds. 



Amount due the school fund on Jan. 1st, 

1837, 
Amount received and loaned to State, Jan. 

6th, 1837, 
Amount do. do. Feb. 27, 1837, 
Amount do. do. March 20, " 
Amount do. do. April 21, " 

Amount due the college fund on Jan. 1st. 

1837, 
Amount received and loaned to State, Jan. 

6th, 1837, 
Amount received and loaned to State, Feb. 

27 th, 1837, 
Amount received and loaned to State, 

March 20th, 1837, 
Amount received and loaned to State, April 

21st, 1837, 

Amount seminary fund, 
Add amount of warrant for 3 per cent, 
fund now in the hands of the commis- 
sioners of the school fund, 
Total amount due school, college, and 
seminary funds proper, 
In conformity with what I conceive to 
be the proper construction of the acts, en- 
titled "An act to establish and maintain a 
general system of Internal Improvements," 
and "An act to amend the several acts in 
relation to common schools," I have added 
to the school fund $335,592 32 of the sur- 
plus revenue, being the amount which the 
state owed the School, College, and Semi- 



$159,031 75 

72,875 00 

6,666 66 

17,745 00 

916 66 



$31,804 33 

14,575 00 

1,333 33 

3,555 00 
183 3" 



$257,235 07 



51,150 99 
49,308 25 

16,100 00 ' 



$374,092 31 



, 



AUDITOR'S REPORT. 



121 



[statements CONTINUED.] 



nary Fundsatthe time the said laws were 
passed. Tb£s amount was added and bears 
interest from'-jibe following dates, viz: 
Amount loancdfon the 25th March, 1837, 
Amount loaned" on the 2d May, 1837, 
Amount loaned on the 29th Jan. 1837, 



Total amount 



$239,306 38 
79,306 38 
16,979 56 



335,592 32 



$709,681 63 



A Statement of the amount drawn J rom the treasury on account of the Con- 
tingent Fund, from 3rd day of December, 1836, to the 30th June 1837, 



inclusive. 



Date. 



1837. 

Jan. 3 



Jan. 30 
Feb. 7 
March 4 
March 6 

April 13 

May 3 

May 5 



Warrants. 



To warrants to Basil B. Craig, in full for his ser- 
vices in going to the Governor of Louisiana 
to demand a fugitive from justice, 

To warrants to James M. Duncan, clerk of the 
supreme court, ir full for his bill of costs in 
two causes against James Hall, former Trea- 
surer, - - 

To warrants to Wm. H. Coyle, in full for adver- 
tisng Governor's Proclamation for election of 
,. Maj. General, and for convening the Legisla- 
ture, " 

To warrants to Joseph Hays, commissioner of 
sales of Gallatin Saline Lands, in full for ma- 
king a Report to the Auditor of the lands sold 
by T. P. Huett, former commissioner, 

To warrants to Wm. £• WoodrutTin full for ad- 
vertising Governor's Proclamation r or the ap- 
prehension of William Copland, and other fugi- 
tives from justice, 

To warrants to B. W. Thompson, in full for col- 
lecting Revised Laws of 1833, 

To warrants to J.C. Bruner, in full for an aJlow- 
lowance made him by the Governor out of the 
Contingent Fund, 

To warrants to John F. Maddox in part for plas- 
tering rooms in State House for public offices, 

Q 



Amount. 



75 00 



25 65 



4 50 



20 00 



31 


87 


. 125 


00 


20 00 


200 


00 



i22 



AUDITOR'S REPORT. 



CONTINGENT- FUND. 



Date. 



May 22 
May 25 
May 25 
May 25 

May 29 



June 19 
June 24 

June 26 

June 2G 

June 26 

June 26 



Warrants. 



To warrrants to Harrison Thompson, in full for 
8,000 laths furnished by him for the lower 
rooms of the State House, 

To warrants to Thomas O. Davis, in full for pub- 
lishing Governor's proclamation, and an act 
concerning trespasses on canal lands, 

To warrants to J. Wentworth, in full for publish* 
ing Governor's Proclamation, and an act con- 
cerning trespasses on canal lands, 

To warrants to H. Warren, in full for publishing 
Governor's Proclamation, and an act concern- 
ing trespasses on canal lands, 

To warrants to Hodge & Shrader, in full for pub- 
lishing Governor's Proclamation declaring who 
elected members of Congress; who presiden- 
tial electors; offering a reward for Wm. Cop- 
land, a fugitive fromjustice; Proclamation and 
act concerning tresspasses on canal lands; pub- 
lishing supplement to revenue law, and print- 
ing three quires of circular letters, 

To warrants to Henry Snyder, in full for work 
done for Secretary's office, 

To warrants to Nelson Rial in full for his servi- 
ces as an express to the counties of Gallatin 
and Johnson, with writs of election, 

To warrants to James M. Morse, in full forhis sex- 
vices as a messenger to the Governor of Mis- 
souri to demand a fugitive fromjustice, 

To warrants to A. J. Guykowski, in lull for his 
services as an express to the counties of Effing- 
ham, Coles and Edgar, with writs of election, 

To warrants to D. B. Hodge, in full for his servi- 
ces as an express to the counties of Sangamon, 
Morgan, Cass and Adams, with writs of elec- 
tion, - 

To warrants to B. W. Thompson, in full lor his 
services as an express to the counties of Green 
and Calhoun with writs of election, 



Amount. 



$1037 52 



State of Illinois, Auditor's Office, 
Vandalia, July 1 2th, 1837. 

LEVI DAVIS, Aud. of Pub. Accounts. 



REPORT 



OF THE 



TREASURER 



To the Speaker of the House of Representatives : 

Sir — In compliance with a resolution of the House of Represen- 
tatives requiring the "Treasurer to transmit a statement of the condi- 
tion of the treasury," I have the honor to submit the following report, 
shewing the amount received from the 3d day of December, 1836, 
to the 30th day of June, 1837, inclusive. Also the amount of war- 
rants paid by the Treasurer, and the amount deposited in bank, state 
paper burned, &c, all of which is respectfully submitted. 
I have the honor to be, sir, 
Your obedient servant, 

JOHN D. WHITESIDE, 

Treasurer. 



124 TREASURER'S REPORT. 

REPORT of receipts, payments, and deposites, at the treasury , from 



DR. 



Date. 



Amount of receipts. 



January 

February 

March 

April 

May 

June 



£100,827 40 

8,202-93 

294,019 22 

4,107 23 

82,172 95 

163,795 14 



653,184 87 



To this amount add the balance in the 
treasury on the 3d day of Dec. 1836 

JVbte. — There was no receipts from the 3d to the 31st 
December, 1836. 



'f&tiJf 



85,140 3j| 



$738,325 24 



TREASURER'S REPORT. 125 

3d day of Dec. 1 836, to the 20th day of June, 1837, inclusive. 



By amount paid at the Treasury, moneys deposited, &c. (By C. Gregory.) 



CR. 



December, (from 3d; to 3lst inclusive, no 

payments made,) 
January - 

February, (no payments) 
March - 

April - 

Certificates of deposite in bank 
State paper burned - . 

Interest on state paper 
Funded stock redeemed 
Tax refunded on land redeemed 
Money refunded ... 
Redemption money paid out 
* Retained for transportation of first instal- 
ment of U. S. surplus revenue 

Amount to balance paid over to J. D. 
Whiteside 

Amount of certificates of deposite in State 

Bank by J. D. Whiteside 
Of certificate of deposite in State Bank 

of Illinois at Shawneetown 
Old State paper burned 
Of interest on State paper 
Of money received in June and deposited 

in July - 



$29,932 54 



180,697 58 
404 36 


211,034 48 

277,218 31 

106 00 

40 80 

757 52 

30 08 

33 47 

57 70 


- 




186,869 


75 


807 00 


490,095 35 
109 49 


490,204 85 


60,000 00 

150 00 

8 49 




92 


15 


248,120 39 






$738,325 24 



State of Illinois, Treasurer's Office, ) 
Vandalia, July 12/A, 1837. i 

JOHN D. WHITESIDE, 

Treasurer. 



INDEX. 



PAGE. 

ALTON— City of Incorpoiated 17 

Boundaries of 17 

Ordinances 29 

To be divided into four wards 17 

Boundaries of 18 

Election of Mayor and Aldermen 18 

Other officers 18 

Annual 18 

Special notice of 19 

Duty of Mayor 19 

Common Council 20 

Powers and duties 21 

Schools in — to be visited 22 

Courts Municipal in 25 

Judge shall reside in 25 

Salary of 25 

May be removed 25 

Jurors how summoned 26 

Compensation of 26 

Prosecuting Attorney 27 

Duty 27 

Salary 27 

Process how tested 28 

Register duty of 28 

S Fees 28 

Sheriff Madison— duty of 28 

Fees 28 

Upper Alton— or any inhabitants may becomepartof 2j 

ALTON FERRY COMPANY . 40 

APPROPRIATIONS— An act supplementary to an act making— 

for years \837S 3 

B 

BANKS— Act supplementary to an act, to increase capital of certain 5 



ii ■ INDEX. 

PAGE. 

BANKS — Act to suspend for limited time, laws in relation to 

Banks in this State 6 

Duty of Governor 6 

To issue proclamation 7 

« Bank 7 

« " President of 7 

BRIDGES — Kaskaskia company 7 

John Green and others, authorized to build toll 8 



CALVINS' SLOUGH— 45 

CANAL LANDS— For the relief of purchasers of 

James H. Weisner 9 

Duty of Auditor 9 

Act to provide for sale of certain, and forotherpurposes 10 

Power of commissioners to sell 1 1 

To make resurvey 11 

May enlarge bason 12 

Duty of treasurer 12 

Governor authorized to negotiate loan 13 

CONVEYANCES— Act concerning 14 

Act concerning the recording of 13 

COUNTIES — Act to relocate the county seat of Calhoun U 

" in relation to Cass 48 

County seat 48 

Court house 49 

Returns of elections 49 

Duty ol notary public 49 

Clerk how appointed 49 

Duty of school commissioners 49 

Treasurers of Cass and bureau — 

duty of 50 

COURTS — Act in relation to Municipal of Chicago 15 

« " " " Alton 15 

" to increase compensation of county commissioners 10 

E 

EDUCATION — Act to encourage — in township five south &c. 16 

F 

FAIRFIELD LIBRARY COMPANY— 41 

FERRIES— Alton company 40 

Rights and privileges 40 

Capital stock 40 



INDEX. ,.;v' iii 

PAGE. 

FERRIES — Alton company, capital stock 'shares of 40 

Place of meeting 40 

Books of subscription 4l 

When, where and 

how opened 41 

Election of directors 41 

Term of office 41 

Annual 41 



I NCORPOR ATIONS— Alton City of 1 7 

" Ferry company 40 

Caledonia rail road company 36 

Capital stock 36 

Government in whom vested 36 

Lands may be taken 37 

Annual meeting 37 

Books of subscription 38 

Power to borrow money 38 

Tolls 39 

Stock deemed personal 39 

Shall transport United States mail 39 

Forfeiture of charter 39 

Right of state . 38 

Caledonia, town of 31 

Corporate powers of 32 

Annual election of trustees 32 

Who are qualified voters 32 

Health of — markets, watches &c. 32 

Jurisdiction of justices peace 33 

Schools how supported 33 

Streets may be widened 33 

Public square 33 

* « Lots may be sold tor taxes 34 

How redeemed 34 

Fire companies 34 
Members of exempt from military 

and jury duty 35 

Property of 35 

Town meetings 35 

Wards of 35 

Calvins' Slough — Declared navigable 45 

Centreville steam mill company 29 

Capital stock 30 

May be increased 30 

Election annual 30 

Of directors 30 

Treasurer to give bond 31 

R 



INDEX. 

PACE. 



INCORPORATIONS— Chicago and Fox river Turnpike 

Companies — Act to increase capital stock of certain 40 

Fairfield Library company 40 

Fayette county Manual Labor Seminary 43 

Internal Improvements— Act further supplemental 45 



JUSTICES PEACE — Act forming additional district in Randolph 46 
Act to amend act to provide for election of probate 46 
And constables 46 

Act to amend act concerning 46 

Form of summons 47 

If defendant appears not,plaintiffmay prove demand 47 

M 

McALLISTER ALEXANDER— Duty of guardian of heirs of 51 

Power to sell lands 51 
MEMORIAL AND 'RESOLUTIONS— 110 



PENITENTIARY— Act in relation to 47 

Powers of inspectors 48 

If labor of convicts will not pay expense, how paid 48 

PRACTICE — Act concerning in courts of law 109 : 

P1TTSFIELD AND MISSISSIPPI RAIL ROAD COMPANY— 40 

Capital increased 40 

PROBATE JUSTICES PEACE— 46 

PROCESS — Act to legalize in circuit courts of this state 51 

Act to amend act concerning 51 

Process issued by clerks 51 

R 

RELIEF— Heirs of A . McAllister 51 

* Thomas Jefferson Sanderson 52 

Name changed 52 

Francis Hood 52 

Name changed 52 

Purchasers of canal lands 9 

Nathaniel Pope and others 53 

Court may be petitioned for sale of land 53 

Samuel A. Smallwood 56 

Samuel G. Beckley administrator &c. 56 



INDEX. v 

PAGK. 

RELIEF— Win. B. Collins, infant heirs of 57 

Duty of guardian 57 

RESOLUTIONS— HO 

REVENUE — Clerks of county commissioners court authorized to 

list lands 58 

Act concering public 59 
Act relative to duty of county treasurers and sheriffs 59 

ROADS — Chicago and Fox river turnpike company 39 

Rushville to Carthage changed CO 

Act concerning public 61 

Vandalia to Jacksonville parts of changed 61 

Knoxville to New Boston 62 

Vermillion county located in 62 

Act to re-establish a certain therein named 63 

Edgar county, part of relocated 64 

Madison from Indiana line 64 

Beardstown to Petersburg 65 

Maysville to Shelbyville part of relocated 66 

Tecumseh to Geo. R. Logans 67 

Apanooce to Drowning forkof Crooked creek 67 

East Nelson to Leroy 68 

Act to change a part of therein named 69 

Alton to Elias G win's 70 

Win. Crow's to Musick's Bridge 71 

Edwards county 72 

Salem to Charleston 73 

Act to relocate certain 73 

Act to locate certain state — therein named 74 

Canton to Knoxville and other purposes 76 

Bowling Green via Ewington to Newton 79 

Act to locate certain therein named 80 

Pike county, certain state changed 82 

McLean county, certain declared state 82 
Act in relation to certain public, therein named m 83 

Fayette and Shelby counties 83 

Petersburg to McComb and for other purposes 84 

S 

SALINES — Act for the purposes therein mentioned 86 

Act appropriating residue Vermillion saline lands to 

Iroquois and Vermillion counties 86 

SCHOOLS— Illinois female institute 87 

Fayette manual labor 43 

Act to repeal act in relation to in township thirty-nine 89 

Act explanatory of act, to amend the several acts in 

relation to common 89 

SEMINARIES— Favette manual labor 43 



vi INDEX. 

PAGE. 

STEAMBOATS— Act to prevent disasters navigating waters of 

Illinois 89 

TOWNS— Beardstown • 95 

Caledonia 31 

Carlinville— Act to amend act 101 

Limits of 101 

Centreville 94 

Franklin 101 

Jersey ville 102, 

Powers vested in trustees 102. 

First election 103j 

Special tax how levied K 

Ordinances how published 10* 

Lots sold for taxes 10( 

Time of redemption 10( 

Duty of county commissioners of Greene 10^ 

Duty of justices peace If 
Fees of officer* 

Ottawa 

Boundaries of . 
Divided into wards 
Trustees when elected 

Powers of 
Duty of 
Fire companies 
Peoria, act to amend act to extend powers of 
Plats of certain changed 
Springfield powers of extended 
Winchester, Lynnville, and Jacksonville Railroad 
company 

Capital increased 



State of Illinois, > 

Department of State.) 

I, Alexander P. Field, Secretary of State, of the State of Illinois, do 
hereby certify that the foregoing printed sheets, contain true copies of 
the enrolled laws deposited in this office. 

hi witness whereof, I have hereunto signed my name, at Vandalia, the 
25th day of August, A. D. 18a7. 

A. P. FIELD, Secretary of State. 







V 



£ 



\j