(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Laws of the State of Illinois"

DOCUMENTS COLLECTION 
DO NOT TAKE FROM THIS ROOM 

SHELVED IN LAW COL..£CnOlV 



WESTERN ILLINOIS UNIVERSITY LIBRARY 




3 1711 00611 7514 



S3IOV KJ!BS.A.EClAL«tf> 

USftARV 
WESnnERN ftLLlNOm UNW. 



Digitized by tlie Internet Arcliive 

in 2010 witli funding from 

CARL!: Consortium of Academic and Researcli Libraries in Illinois 



http://www.archive.org/details/lawsofstateofillin17illi 



LAWS OF 1851. 



fiENEllAL LAWS 



STATE 01'' ILLINOIS 



PASSED BY THE 



SEYENTEEISTII GliNEKAL ASSEMBLY 



S33S10N COMMENCING JANUAM G, 1861. 



SPRINGFIELD: 

LANPHIKR & WALKER, PRINTERS. 

186L 



LAWS OF 1851, 



AN ACT niakin^r partial appropriatious<> In force Jao . 

18, 1851. 

Section 1. Be it enacted by the people of the State of- 
f/tinois, represoitcd 171 the General Jissemhly^ That the au- 
ditor of public accounts be and he is hereby required to 
draw his warrant on tlie treasurer for the sum of fifty dol- !!?50 appropria- 
lars to each member of the general assembly, to the speaker and officers. 
of each house, the secretary and assistant secretary of the 
senate, the clerk and assistant clerk of the house of repre- 
sentatives, to each of the engrossing and enrolling clerks, 
and assistant engrossing and enrolling clerks, and to each of 
the doorkeepers and assistant doorkeepers of the house and 
senate. 

§ 2. The secretary of the senate and the clerk of the 
house of representatives shall certify to the auditor of public Names ichfocj 
accounts, as soon as practicable, the names of the members 
and officers of the seventeenth general assembly. 

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

Approved January 18, 1850. 



AN ACT to distribute the surplus copies of the Revised Statutes. tn force Jan.. 

23, 18&1. 

Section 1. Be it enaettd by the peojile of the State of 
Illinois^ represented in the General Assembly^ That so 
much of an act entitled "An act in relation to the state li- 
brary," approved January twenty- seventh, one thousand 
eight hundred and forty-seven, as authorizes the secretary 
of state to sell the surplus copies of the Revised Statutes, ^aVt? 
Ise and the same is hereby repealed. 



Act repealed iw 



c6rs. 



1851. 6 

Burpius copies of ^ 2. The Secretary of state is hereby authorized to dis- 
utes to be dig- tribute to the members or this general assembly, in equal 
tnbuted. proportions, all the surplus copies of the Revised Statutes, 

not needed for the use of his department. 
Members of gen- § 3. The volumes of Said statutes, so furnished by the 
to'distTih^iite^to^'^^^^^^^y ^^ state to the members of this general assembly, 
destitute offi- shall be by them distributed, in their respective districts, to 
such justices of the peace, and other legal officers, as may 
be destitute of them, to be by them transferred to their suc- 
cessors in office. 
„ . , 6 4. In case the members of the general assembly shall 

Sec V 01 ^tuts to • -^J J 

distribute in fail or neglect to take and distribute the copies of the stat- 
e^rtuin cases, utes, as provided in the foregoing sections, that then the 
same shall be distributed by the secretary of state, at the 
same time and manner as the laws and journals shall be dis- 
tributed. 

Approved January 23, 1851. 



Ie force April AN ACT for the protection of state lands. 

18, 1851. 

Section 1. Be it enacted hy the People of the State of 
Illinois, represented in the General ^%se7nbly, That any 
person who shall wilfully cut, fell, box, bore, injure, or de- 
trespass^mst^te^^^oy ^^Y ^^^*^ ^^ Sapling, standing or growing upon any 
lands to be land which has been or may be donated, granted, or convey- 
ed to the state of Illinois, or the people of said state, or 
to any corporation, or persons, for the use of the state or 
people, under or by virtue of any law of the United States, 
or resolution of congress to aid the state in the construc- 
tion of any railroad or canal, or any levee or drain, or 
other work of improvement, or to be used for any such pur- 
poses, shall be liable to indictment, and, upon conviction, to 
be fined, in not less than five nor more than ten dollars, lor 
every tree or sapling so cut, felled, boxed, bored, injured, 
or destroyed ; and the judgment of the court in all cases 
under this act, when the fine and costs are not replevied, 
shall be that the defendant stand committed until the fine 
and costs are paid. 
Pines to be paid ^ 2. Fines Collected under the provisions of this act 
„ry. shall be paid into the state treasury, and applied to the pur- 

poses for which the land on which the trespass was com- 
mitted is or may be held. 

§ 3. This act shall be given in charge to the grand jury 
of each county at each term of the circuit courts of this 
state, and the same shall be read at large to them. 
Approved January 23, 1851. 



7 1851. 

A.N ACT to extend the time for collectors in counties which have adopleJ town-sliij) In force Jan. 
organization to complete their duties. 24,1861. 

Section 1. Be it enaded hij the people of the State of 
Illinois^ represented in tlie General ^9s.^e?nhli/, That the 
time lor the collectors in the several counties which have Time extend*! 
adopted township organization, to complete their collections, *" ^^f^^^^ ^■ 
he and the same is hereby extended until the first day of 
March next : Provided^ that this act shall not a])ply to such 
collector, or collectors, until lie or they shall first appear 
before the clerk of the county court of the proper county, 
with his sureties, and such collector and his surety shall con- Sureties to con- 
sent, in writing, under their hands and seals, to the said ex- 
tension of time, and further consent that said extension shall 
not in any manner im})air the obligation of the said collector 
and sureties upon his bond as collector. 

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

Approved January 24, 1850. .' 



AN ACT to amend an act entitled "An act for tho incorporation of institutions In force Jan- 

of learning." 24, 1861. 

Section" 1. Be it enacted by the people of the State of- 
Ulinoia^ rejjresented in the General Assembly, That the 
act entitled "An act for the incorporation of institutions of J 

learning," in force April 13th, 1849, be and the same is | 

hereby amended by the addition of the words "and associ- Words added. ' 
ates," after the word successors, in the second line of sec- ] 

tion two of said act. 

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

Approved January 24,1851. ,' 



AN ACT to amend chapter 104, Revised Statutes, entitled 'Trespass.' in force Mavl, 

1851. 

Section 1. Beit enacted by the people of the State of 
Illinois, represented in the General <^1ssembly. That every 
person who shall knowingly and wilfully, without color of ^'^^^^^' 
title made in good faith, cut, box, fell, bore or destroy any 
tree or sapling standing or growing upon the land of any 
person or corporation, without the license or consent of the 
owner of such land, shall be adjudged guilty of a misde- 
meanor, and upon conviction thereof shall be fined in a sum 



1851. 8 

not less than ten nor more than one hundred dollars, or im- 
prironed in the county jail for any term not exceeding three 
months, in the discretion of the court in which such convic- 
tion is had. 
?ro(3eedin;?tobe § 2. That all offenders against this act shall be procecd- 
i.y in ictraent. g^ against by indictment in the court of the proper county 
having cognizance of indictable offences; on the trial of which 
indictment the owner or owners of the land upon which 
^Larbr'' ^'^^such trespass shall be committed, are hereby declared com- 
petent witnesses. 

§ 3. It shall be the duty of the court in all cases of con- 
viction under this statute, when any fine is inflicted, to order 
as a part of the judgment of the court that the offender shall 
Additional pen- be committed to jail, there to remain until the fine and costs 
^' are fully paid or otherwise legally discharged, and any judg- 

ment for fine and costs hereafter rendered under this act 
may be enforced by execution as in other criminal cases. 
^ , , 6 4. Nothinjy in this act contained shall be so construed 

Option of land ^ i xi r I • l • i i.- j 

owners. as to prevent the owner trom liavmg lus election, and mam- 

taining an action of trespass to recover damages for the 
trespasses declared criminal by this act, and that an indict- 
ment under this act shall be a bar to the recover}' of the 
penalty given by the statute by action of debt. 
Travelers. &c., § o. This act shall be in force from and after the first 
not subject to Jay of May next, and shall not apply to any traveller or 
^* ^' marketer passing upon the highway, who, for the purposes 

of encampment and building camp fires, shall violate the 
provisions of this act by cutting such trees or saplings as 
may be necessary for above purposes. 
Approved Januarv 28, 1851. 



In force Jan. AN ACT entitled an act to legalize the assessment of taxable property in McDonough 
28, 1851. county. 



Oath to be at- Section 1. Be it enactccl by the people of the State of 
'^imenthookJ^^^^^^^'^'' 'f^P'"" ^e,nted in the Oeneral Assembly ^ That Wil- 
liam T. Head, as ex officio assessor of McDonough county^ 
be and is hereby authorized to indorse on, or attach to the 
assessment book, containing the assessment of said county 
for the year 1850, aM oath or affidavit according to the mode 
prescribed in section twenty-two of an act approved Febru- 
ary 8, 1849, entitled " An act to amend the several acts con- 
cerning the public revenue." 
Assessm't there- § 2. That when said oatii or affidavit shall have been 
upon tob»va-made and indorsed on, or attached to said assessor's book, 
the assessment made by the said William T. Head shall be 
as valid in law as if said oath or affidavit had been made 



1851, 



before he entered upon the discharge of his duties as asses- 
sor of said McDonough county. 

^ 3. Tliis act to take effect from and after its passage. 

Approved January 28, 1851. 



AX ACT relating to warehousemen, wharfingers, and other persons, and to prevent In force Jan. 28, 

frauds 1851. 

Section 1. Be it enacted hy the people of the State ^/ ^J'Y't"' rohibit 
IlllnoU, represented ill the General >/issernblij. That no ware- ed. 
houseman, wharfinger, or other person, sliall issue any re- 
ceipt or other voucher for any goods, wares, merchandize, 
grain, or other produce or commodity, to any person or 
persons, purporting to be the owner or owners thereof un- 
less such goods, wares, merciiandize, or other produce or. 
commodity, shall have been bona fide received into store by 
such warehouseman, or wharfinger, or other person, and 
shall be in store, and under his control at the time of issu- 
ing such receipt. 

§ 2. That no warehousemen, wharfinger, or other per- j^r^ ^^^^j, ^^ j^ 
son, shall issue any receipt or other voucher upon any goods, sue receipts oa 
wares, merchandize, grain, or other produce or commodity, {^'^'y^u'^ ""^^ 
to any person or persons as security for any mcney loaned, 
or other indebtedness, unless such goods, wares, merchan- 
dize, grain or other produce or commodity, shall be, at the 
time of issuing such receipt, the pro[)e?ty of such warehouse- 
man or wharfinger, or other person, and shall be in store 
and under his control at the time of issuing such receipt, 
or other voucher as aforesaid. 

5 3. That no warehouseman, wharfin<ier, or other per- ^'\°'5<"""'^^ ""S; 

J _ , , '~ ' CL' i pt to be IS- 

son, shall issue an}^ second receipt for any goods, wares, sued while first 
merchandize, grain, or other produce or commodity, while outstanding. 
any former receipt for any such goods or chattels a? afore- 
said, or any part thereof, shall be outstanding and uncan- 
celled. 

§ 4. That no warehouseman; wharfinger, or other per- TrtnsCer of 
son, shall sell, or encumber, ship, transfer or in any manner p>"'^_3 Fohihit- 

' , , . . ,. * Z cd without con- 

renove beyond his immediate control, any goods, wares, sent of person 
merchandize, grain, or other produce or commodity, for ^"'^'"Siecei t. 
which a receipt shall liave been given as aloresaid, without -^ 
the written assent of the person or persons holding such re- 
ceipt. 

S 5. Any warehouseman, wharfingjer, or other person, i^'-^n'iity; fine & 
who shall violate any oi the foregoing provisions oi this act, 
shall be deemed a cheat, and subject to indictment, and, 
upon conviction, shall be fined in any sum not exceeding one 



1851. 10 

^ 

thousand dollars, and imprisoned in the penitentiary of this 
state not exceeding five years ; and all and every person 
aggrieved by the violation of any of the provisions of this 
act, may have and maintain an action on the case against 
the person or persons violating any of the foregoing pro- 
visions of this act, to recover all damages, immediate or con- 
,- sequential, which he or they may have sustained by reason 
of any such violation as aforesaid, before any court of com- 
petent jurisdiction, whether such person shall have been 
convicted as a cheat under this act or not. 

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

Approved January 28, 1851. 



In force Jan. 28, AN ACT to legalize the assessment of taxes in Schuyler countv, for the year 1850. 
1851. J .> J 

Section 1. Be it enacted hy the people of the State of 
AsseFsments \c- Illinois, rej)resented in the General Jlssemhly, That the as- 
^ '^^ ' sessments of taxable property, made by the assessor of the 

county of Schuyler, and state of Illinois, or by any of his 
deputies, for the year of our Lord one thousand eight hundred 
and iifty, be and the same is hereby legalized, ratified and 
confirmed and declared valid, and effectual to all intents 
and purposes, as if the same had been made in the manner, 
and completed and returned within the time required by 
law, any defect therein to the contrary notwithstanding. 

§ 2. All collections of taxes made by the collector of 
the said county of Schuyler, upon said assessments, are here- 
CkDiiections le- by legalized, and he shall account lor and pay over the 
^^ '^^ ' same in the time and manner required by law. 

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

Approved January 28, 1851. 



\\. foi^^e.Tan. 28, AN ACT to authorize the Board of Trustees of the Illinois and Michigan Canal to re- 
1851. ceive pay from certain persons therein named, for lota sold in the town of La Salle, 

in the year 1848. 

Certain porsors Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That the 
board of trustees of the Illinois and Michigan Canal, are 
hereby authorized to settle with, and receive pay from Wil- 
liam Whaley, Richard Cody, John Allen and Michael Burke, 



11 1851 

their heirs or assigns, as the case maybe, for lots bought by 
them in the town of La Salle, in the year (1848) eighteen 
hundred and forty-eight, the said trustees estimating the 
value of said lots so sold according to the last appraisement 
of lots similarly situated in said town. 

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

Approved January 28, 1861. 



AN ACT for the division of tho town of SadisBiiry. * In for -o Ian 2? 

1851. 

Section 1. Be it enacted by the people of the State of 
Ittinois, represented in the General *^ssembli/, That all^g^j? ^^ }^ 
that portion of the present town of Salisbury, in the coun- 
ty of La Salle, which lies east of the west line of sections 
three (3,) ten (10,) fifteen (15,) twenty-two (22,) twen- 
ty-seven (27,) and thirty-three (33,) in township thirty- 
three (33,) north of the base line, and range one ( 1 ) east of 
the third principal meridian, be and the same is hereby set 
off and made to constitute a new town, to be known as the 
town of La Salle. 

§ 2. There shall be no election of township officers in ^^''<'^'*"*- 
laid township of La Salle, until the time for holding the 
next general election of township officers in the county of 
La Salle, at which time an election shall be held at such 
place within said town of La Salle as may be selected by 
the clerk of the county court for the county of La Salle. 

§ 3. All persons now acting as justices of the peace, Present officere 
and residing within the limits of the township of La Salle, ^^ce.° '°"*^ 
aforesaid, shall continue so to act until their present com- 
missions shall expire. 

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

Approved January 28, 1851. 



AN ACT to amenj an act entitlefl "An act to provide for the construction of plank In force Jan. 28, 
roads by general law." 1851 

Section 1. Be it enacted hi/ the people of the ^S'/a/e r^ Limitation »f 
Illinois, represented in the General Assembly, That the 27th oFKhoide^ 
section of an act entitled "An act to provide for the construc- 
tion of plank roads by a general law," approved Feb'y 12, 
1849, be and the same is hereby so amended, that any sub- 
scriber to the capital stock of any plank road to be con- 
structed in this state, under said law, shall not be responsi- 



1851. 12 

ble beyond the actual amount of stock so Ity him subscrib- 
ed and so much of the said law as conflicts herewith, be 
and the same is hereby repealed. 

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

Approved January 28, 1851. 



;(o force Jan. 28, AN ACT to authorize the purchase of law books for the libraries of the supreme court. 
1851. 

Appropriation Section 1. Be it euacted by the People of the State of 
to purchase law ////,jo25, represented in the General Assembly, That there 
^''^^' be appropriated for the years 1851 and 1852, the sum of five 

hundred dollars annually, for each of the grand divisions of 
the supreme court, to be applied in the purchase of law 
books for the libraries of said court; the money to be drawn 
and expended under the direction of the justices of said 
court. 

This act to be in force from and after its passage. 
Approved January 28, 1851. 



In force Jan. 2'?, AN ACT to authorize the county of St. Clair to borrow money, 

1851. 

Section 1. Be it enacted by the people of the State of 
Authority to Illinois, represented in the General Assembly, That the 
borrow money- ^^^j^^^y of St. Clair be authorized and empowered to bor- 
row a sum of money, not exceeding twenty-five thousand 
dollars, at a rate of interest not exceeding ten per cent, per 
annum, for any of the following purposes, namely : for build- 
ing a court-house for said county, for the improvement of 
the roads therein, either by direct expenditure, or by sub- 
scribing for stock in any road company in said county, or 
for redeeming the county orders heretofore issued and out- 
standing against the said county. 

5 2. That the county court of said county be permitted , 
s,i«d. m their.discretion, to make the loan above provided tor, and 

to issue bonds bearing the interest above prescribed, and 
payable as the said court shall direct; which bonds shall be 
signed by the county judges and attested by the clerk and 
the seal of the said court, shall be for such sums as said 
court may specify, and shall be binding on said county as 
security for such loan. 

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

Approved January 29, 1851. 



13 1851. 



AN ACT to amend an act entitled "An act to lease tlie penitentiary," approved In force Jan. Si ^ 
Mar«li 1st, 1845. 1851, 

Section 1. Be it enacted hi/ the people of the State o/" Lease axtende.4 
Illinois, represented in the General t/2ssembly, That the 
lease granted to Samuel A. Buckmaster by the legislature 
of this slate, by an act entitled "An act to lease the peni- 
tentiary," approved March first, 1845, be and the same is 
hereby extended, for and during the period of five years 
from and after the expiration of the present lease granted 
by the said act to which this is an amendment. 

§ 2. The said Samuel A. Buckmaster shall pay, annu- Yc«,rij rent 
ally, the sum of five th jusand and one hundred dollars bonus, 
or rent, for said penitentiary, as is provided for by sec. 2 of 
the act to which this is an amendment. 

§ 3. The said Samuel A. Buckmaster shall enter into Bond required 
bond, conditioned to comply with the provisions of this act, 
and the act to which this is an amendment; which bond shall 
be made to the people of the state of Illinois, in the penal 
sum of twenty thousand dollars, with good and sufficient 
securities, to be approved by the governor of this state ; 
which bond shall be executed within thirty days after the 
passage of this act, and shall be renewable every two years, 
or oftener, if, in the opinion of the inspectors of the peni- 
tentiary, the securities become insufficient. 

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

Approved January 31, 1851. 



AN ACT to establish the twelfth judicial circait In force Feb. i, 

1851. 

Section 1. Be it enacted by the people of the State ^i/Timeof hoidBiE 
Illinois, represented in the General Assembly, That the courts, 
counties of Marion, Jefferson, Hamilton, Wayne, White, 
Wabash, Edwards, Gallatin and Saline, shall compose a ju- 
dicial circuit, to be called the twelfth judicial circuit of the 
state of Illinois, and that circuit courts shall be holden at 
the respective county seats of the said counties, at the times 
following, viz: In the county of White, on the first Mondays 
in April and August ; in the county of Wabash, on the Mon- 
days following; in the county of Edwards, on the Mon- 
days following; in the county of Wayne, on the Mondays 
following ; in the county of Marion, on the Mondays fol- 
lowing ; in the county of Jefferson, on the Mondays fol- 
lowing: in the county of Hamilton, on the Mondays fol- 
lowing; in the county of Saline, on the Mondays follow- 



1851. 14 

ing ; and in the county of Gallatin, on the* Mondays fol- 
lowing, and to continue therein indefinitely for the dispatch 
of business. 
Process return- § 2. All writs, subpcEuas, recognizances and other pro- 
Li) as hereto- (J Qsg which may have been or niay be issued, and made re- 
turnable to the terms of the circuit courts in said counties, 
as heretofore required to be holden, shall be deemed and 
taken to be returnable to said terms of the circuit court in 
said counties as herein required to be holden, and all noti- 
ces which may have been given, either by publication or 
otherwise, with reference to the terms as heretofore requir- 
ed to be holden, shall by force of this act refer to the terms 
of the court required to be held under this act in said 
counties; and all proceedings pending in said courts shall be 
taken up and proceeded witli as if no alteration had been 
made in the times of holding said courts. 
Election of § 3. On the second Monday in March next, an election 
jndgeanri at- £gj. j^ judge and statc's attorney for said judicial circuit 
^^'^^' shall be holden, which shall be conducted, and returns 

thereof made and certified and ca^ivassed in the manner 
provided by the constitution and laws of this state. Said 
iudge, when elected, shall hold his office until the next reg- 
ular and general election forjudges as provided by the con- 
stitution, and until his successor shall be elected and quali- 
fied. 

§ 4. The said circuit judge, when elected, shall exercise 
.awsrso ju ge. ^^^ ^^^^ powers, perform all the duties and have all the juris- 
diction and authority now had, or hereafter to be required 
of, or exercised by circuit judges of this state, under the 
constitution or laws of this state, and shall receive the same 
compensation as other judges are entitled to receive by the 
constitution and laws of this state. 
Duties and fees § 5. The statft's attorney elected under this act shall 
torae**8*°'^ ''*' discharge all the duties, and receive the like fees and com- 
pensation for services as such, as appertain to said office by 
the constitution and laws of tliis state. 
iMtiesof secre- § 6- It shall be tlie duty of the secretary of state to 
ury of state, cause a certified copy of this act to be immediately trans- 
mitted to each of the clerks of the circuit and county courts 
of said counties, and the clerks of the county courts of said 
counties shall issue notices for the said election to the sher- 
iffs thereof respectively ; which notices shall be posted up 
by them in the several precincts, in all respects in like man- 
ner as provided by the constitution and laws of this state 
for holding general elections thereof. 

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

Approved Feb'y 1, 1851. 



15 1851. 

AN ACT requiring county trcMurers to give additional bonds in certain cases. In force Feb. 1, 

1851. 

Section 1. Be it enacted hy the peojite of the State of 
Itlmois, represented in the General */lssemhly. That the cute bouda.""' 
failure or refusal of any person heretofore or hereafter 
elected, or appointed to the office of county treasurer, to 
execute any bond required by any law passed before or sub- 
sequent to the election, shall vacate the office, and a sue- New ekctioD. 
cessor shall be appointed, in counties having adopted town- 
ship organization, by the board of supervisors, and in other 
counties, by the county courts; such successor to execute 
bond or bonds and execute the duties of the office as thougli 
he had been originally elected or appointed to that office. , 

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

Approved Feb'y 1, 1851. 



AN ACT to amend "An act to provide for the construction of planli roads by a gen- Jn force Feb. 1 , 
eral law," approved February 12, 1S19. 1851. 

Section 1. Be it enacted hy the people of the State of Companies mar 
Illinois, represented in the General Jlssemhl;), Tliat the ^"^'i"'"^' •''"'^* 
eighth section of the act to which this is amendatory shall 
be so construed, that any plank road company formed and 
organized under the provisions of said act may procure by 
purchase or gift, from the owners thereof, any lands or the 
right of way over any lands necessary for the construction 
and convenience of tlie proposed road, and may also agree 
to the use of any part of a state or county road, or public ; ['] 

highway, for the construction of a plank road, with the coun- 
ty court, or with the board of supervisors (in case such 
county shall be organized under the township organization 
law) in which such highway may be situated; sucli agree- Manner, 
ment with such court or board of supervisors shall be in 
writing, and filed and recorded in the office of the clerk of 
the county court, or may agree with the mayor and alder- 
men or corporate authorities of any town or city incorpo- 
rated under or by virtue of any law of this state, for the use 
of any public street or public ground within the limits of such 
corporation, for the construction of a plank road, or for the 
use of such plank road company ; which said agreement 
shall be in writing, and filed and recorded in the office of the 
clerk of the county court of the county wherein such cor- 
poration or city may be situated ; and in all cases for the 
agreement for the use of any public highway or street, as 
aforesaid, the said company shall possess the right and pow-Daty of comp.* 
er to cause the same to be opened the full width that the "7- 
same was originally laid out or surveyed, or of the width 



1851. 



16 



Burvey to be 
made and cer 
tified. 



that tlie same may liave been declared by law, and upon giv- 
ing twenty days' notice by their secretary or treasurer, to 
the owners, occupiers or claimants of land over which any 
sucli public highway or street may have been laid or declar- 
ed, it shall be the duty of sucli owner, occupier or claim- 
ant, to remove all fences or other obstructions to which he 
or they may lay claim from off such highway or street, and 
in case default be made in the removal of any such fence 
or other obstruction, within thirty days after the date of 
service of notice as aforesaid, the said company may re- 
move any and all such fences or other obstructions, placing 
the same (if a fence) upon the proper line, doing as little 
damage as the nature of the case will admit, and the said 
company shall have the right to demand and recover a rea- 
sonable price for such work and labor from the owner, oc- 
cupants or claimants of such lands in any county havingju- 
risdiction thereof. 

§ 2. Before constructing the road over any such lands 
as may be acquired by purchase or gift, or over any high- 
way or street, by agreement with the county court, board 
of supervisors, or corporation as aforesaid, such company 
shall cause an accurate survey of such road or roads, street 
or streets, or parts thereof, to be made by a practical sur- 
veyor, by him certified, signed by two of the directors, and 
by them acknowledged before sonie officer authorized to 
take the acknowledgement of deeds, that the said survey is 
correct, and file tiie same in the office of the clerk of the 
county court wherein such land, roads or parts thereof may 
be situated. 

§ 3. That in all cases where a dispute may arise in re- 
lation to the track or location of any public road, highway 
or street, or part or parts thereof, so as aforesaid agreed 
for, by any plank road company, and the original survey or 
plat thereof does not distinctly show the location of the 
same, or whenever the survey and plat cannot be found in 
the proper office, the same shall be surveyed and located 
upon the track or ground which has been used and travel- 
led as such road or street for the three years next preced- 
ing such agreement : Provided, that the owner or owners 
of any such lands over which such road or street may pass, 
may agree with such company to alter or vary the location 
of such road or street, or parts thereof, across his or their 
said lands, and in that event, the old track shall thereby be 
vacated to the same extent as other lands are given in lieu 
thereof. 
Onexpirttionof § 4. At the expiration of the corporate existence of 
charter, value any plank road company, by expiration of their term 
"* ^to*be™p- fixed by its articles of association, if said road shall have 
been constructed upon any public highway or street, the 
county in which said road is situated shall pay to said com- 



Disputes, how 
settled. 



ProTiso . 



of 

tore 

pr»ised. 



17 1851. 

pany tlio value of the plank superstructure of said road, at ' 
the time of said expiration, unless said company and said 
county sliall again contract for the right of way over such 
public highway or street, upon a renewal of said company's 
charter. The value of such superstructure shall be ascer- 
tained by reference to three disinterested citizens of such 
county, one of whom shall be appointed by the board of su- 
pervisors, or count}' court (as the case may be) of said 
county, one other by said company, and they two shall choose 
the third, and their decision, under oath, to be binding and 
final upon both parties. 

^ 5. That the provisions of this act,' and of the act toGonoraiappiica- 
which this is amendatory and sup])lemental, (as amended) ?'"" '"' P''**^'f" 

I 11 1 11 11 1 11 1 I 1 loiiaof tliiaact. 

shall apply and be extended to any and all plank road com- 
panies organized under said general law, and all tlie acts le- 
gally done or performed by such company, or contracts made 
tor the use, or right of way over any lands or public high- 
way, with the county court of any county, or v/ith the board 
of supervisors of any county, be and the same are hereby 
confirmed in such plank road company: Provided, that in^'ioviso. 
case any company has failed or omitted to acknowledge and 
file the survey of their said road as required by this act, 
the same shall be so made and filed within ninety days from 
the passage of this act, and all such plank road companies 
organized under this act, or t!ie act to which this is an amend- 
ment, may construct their said road by a single or double 
track of plank, as such company m<iy deem for their interest. 

^ 6. If an}^ person or persons shall wilfully cut down,Penaity-- 
or break, deface or injure any mile po^t or post on any such 
road, or shall wilfully cut or throw down, break or injure 
any gate, fence, or appendage, erected on any such road, or 
wilfull}" tear up, displace, break, or injure in any way, any 
such road or any thing thereunto belonging, or being an ap- 
pendage, or for the use and convenience of any such road, lie 
or they shall respectively and individually forfeit and pay to Amount. 
the company owning such road three times the amount of 
damage actually done, and, in every instance, he or she 
shall forfeit and pay at least the sum of twenty-five dollars. 
If any person, to avoid the legal tolls chargeable on said 
road, shall turn off such road, and pass around and avoid 
any gate on such road, he or she shall forfeit and pay 
to such company, for every offence, the sum of ten dol- 
lars. If any person shall forcibly pass an}- toll-gate on any 
such road, without having paid the legal toll, without the 
permission of the toll collector, he or she shall forfeit and , 

pay to such company owning such road, the sum of twenty- 
five dollars for each offence. All penalties and forfeitures jj^^ reeoremL 
incurred under this act may be recovered by action of debt 
in any court having cognizance thereof, and where the pen- 
alty or forfeiture does not exceed the sum of one hundred 
2 



1851. 



18 



dollars, the same may be prosecuted and recovered before 
any justice of the peace of the county where the offender 
or offenders may be committed. All and any suits arising 
under this act, or tlie act to which this is amendatorj', may be 
brought and prosecuted to judgment in the name assumed 
by any such plank road company, as the r.ame and style 
thereof may be set forth in their articles of association. 

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

Approved Feb'y 1, 1851. 



la fv)rc3 Feb. 4, AN ACT to amend an act entitled "An act to anthoiize certain records to be tran»- 
1851, cribod/' approved January 20, 18^9. 



Compensation. 



Provisu. 



I'rown county, 



Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Jissembly, That the 
county court of Schuyler county, Illinois, be and they are 
hereby authorized to fix the compensation of the commision- 
ers who may be appointed under the provisions of the act to 
which this is an amendment, at any reasonable sum which 
they, in the exercise of a sound discretion, may deem proper 
to allow said commissioners : Provided, that such compen- 
sation shall not exceed the compensation now allowed by 
law to county recorders, for recording deeds and other evi- 
dences of title, any thing in the law to which this an amend- 
ment to tiie contrary notVv'ithstanding. 

§ 2. All the powers and privileges conferred by this bill 
or the act to which this is an amendment, upon the county 
court of the county of Schuyler, be and the same are here- 
by as fully conferred upon the county court of the county 
of Brown. 

§ 2. This act to take effect and be in force from and af- 
ter its passage. 

Approved February 1, 1851. 



In force April 
18, 1851. 



Prohibition. 



PenalQ^. 



AN ACT to prohibit the retailing of intoxicating drinks. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Jlssembly, That every 
person who shall, by himself or agent, barter, sell, or ex- 
change any wine, rum, brandy, gin, whisky. Or other vinous, 
spiritous, or mixed liquors, by a less quantity than one quart, 
or who shall barter, sell, or exchange the said liquors, or any 
of them, by any quantity, and suffer them to be drank in any 



19 1851. 

liouse, tavern, store, grocery, out-house, shed, or other 
building, occupied byMum, her or them, shall, on conviction, 
be lined lor every oifence twenty-five dollars. The giving 
away ot" any of the aforesaid liquors for the purpose of av'oid- 
ino- the provisions of this act, shall be construed as seliinsr 
vv^ithin the meaning ot this act. 

§ '2. Every person who shall sell or give any of the li- Further penai- 
quors specilied in the first section of this act to any person, *-^' 
under the age of eighteen years, shall, on conviction thereof, 
be fined for every such offence in any sum not less than 
thirty dollars, nor more than one hundred dollars. 

^ 3. The lines herein pro\-ided for may be recovered. Fines, how re- 
either by indictment in any court having jurisdiction of such ^o^'^^ed. 
offence, or by action of debt in the name of the people of 
the state of Illinois, before any justice of the peace of the 
proper county. 

§ 4. The provisions of this act shall not extend to drug- Druggists ami 
gists or physicians who shall sell or give away any of the c^jtej'""^ *'"' 
said liquors in good faith, for purely medical, mechanical, or 
sacramental purposes. 

§ 5. The circuit courts of the several counties in this Grand juries, 
state shall give, or cause to be given in charge, the provi- 
sions of this act to the grand jury at every regular term of 
the court. 

§ 6. All laws and parts of laws authorizing licenses to Aeisrcpeaiet!. 
be granted to keep groceries, or for the sale of vinous, spir- 
ituous or mixed liquors, are heroby repealed, and the pro- 
visions of this act shall extend to all incorporated cities 
or towns in this state, any thing in their charters to the con- 
trary notwithstanding : Provided, that nothing contained in 
this act shall affect the rights, privileges or liabilities of ^^er- 
sons to whom licenses have heretofore been granted. 

o 

§ 7. All fines collected under the provisions of this act, Finp?, how ap- 
shall be paid into the proper county treasury, and set apart P^'*^*^' 
as a fund for the support of paupers in the county in which 
the same shall be collected. 

Approved Feb. 1, 1851. 



AN ACT to prevent the sale of the public square in the city of Chicago. In force Feb. 4 

1851. ' ' 

Section 1. Be it enacted bt/ l/ie people of the State of . 
Illinois, represented in tfie General Assembly, That block ®^*^^*'™' 
No. thirty-nine (39,) in the original town of Chicago, be 
and the same is liereby dedicated to public uses, as a public 
common and square. 



1851. 20 

Sale prohibited. ^ £. The board of surpervisors, and all other county 
authorities of the county of Cook, and common council of 
the city of Chicago, are hereby forbidden to sell, mortgage, 
encumber or convey said block thirty-nine, or any part 
thereof. 
Buiiiiin:,-s may ^ 3. That nothing in this act contained shall be so con- 
"" ^'^^ '"^ ^ ' strued as to prevent the location of county buildings on said 
block thirty-nine. 

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

Approved Feb. 4, 1851. 



In force Feb. 4. ^'^ -'^CJT to establish the thirteenth judicial circuit. 

1351. 



OourtS. 



vSection 1. Beit enacted by /he peop/e of the State of 
I/liuois, represented in t/ie G>neral tdssembly^ That the 
counties of Kane, De Kalb, Boone and McHenry shall com- 
pose a judicial circuit, to be called the tliirteenth judicial 
circuit; and that the circuit courts shall be held at the re- 
spective county seats of the said counties, at the times follow- 
ing, to wit : In the county of Kane, on the second Monday in 
February, May, August and November; in the county of 
De Kalb, on the first Monday in March and September; in 
the county of Boone, on the second Monday in March and 
September; in the count}^ of McHenry, on the third Mon- 
day in March, September and January. 
Kiection for § 2. There shall be an election holden in the respective 

judge. counties composing the said judicial circuit, on the first 

Tuesday in June, A. D. 18.51, for the election of a circuit 
judge ; which election shall be conducted and the returns 
thereof made and canvassed in the manner pro-, ided by the 
constitution and laws of this state. Said judge, when elect- 
ed, commissioned and qualified, sliall hold his office until the 
next general election for judges, as provided by the con- 
stitution, and until his successor is elected and qualified. 
Dwtyof secretR- ^ 3. It shall be the duty of the secretary of state to 
ry of state. cause a certified copy of this act to be immediately trans- 
mitted to each of the clerks of the circuit and county courts 
of said counties, [and the clerks of the county courts of 
said counties] shall issue notices ior said election, to the 
sheriffs thereof, respectively, notifying the electors of said 
election ; wliich notices shall be posted up by them in the 
manner provided by the constitution and laws of this state, 
for holding general elections therein. 
Powers of § 4. The Said circuit judge, when elected, shall exer- 

jadge. cise all the powers, perform all the duties, and have all the 

jurisdiction and authority now had, or hereafter to be re- 



21 1851. 

quired of, or exercised by circuit judges in tliis state, under 
the constitution and laws thereof, and sliall receive the same 
compensation, and be liable to the same duties as other 
judges are entitled lo receive and perform by the constitu- 
tion and laws of this state. 

^ 5. The judges now having Jurisdiction and exercising ^''''^^'"'' .'"^f^«* 
authority within said circuit, as above established, shall hold 
and exercise such jurisdiction and autliority, until the judge 
in this act provided for shall have been elected and quali- 
fied. 

§ 6. No grand jury shall be selected or summoned to at- GranJ jury, i.oi 
tend the circuit courts required to be held in the county of 2].^® ^"a>™<'^- 
Kane, in the months of May and August ; nor in the couniy 
of McHenry, in the months of March or September; nor 
shall any criminal causes be docketed for trial at said 
terms ; but all criminal cases pending in said courts shall 
stand for trial at the succeeding terms thereof: Proiided, 
that if any person shall be conlined in the jail of either of 
said counties, at the time of holding said courts, for any in- 
dictable offence, the court shall try such persons in the same 
manner as at any other term of the court; and the court 
shall have power to cause a grand jury to be cmpanneled 
at said terms, to inquire into the cases of all persons con- 
fined in jail, as aforesaid ; and. upon indictment found, to 
proceed thereon as at any other term of said court. 

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

§ 8. The present state's attorney for tlie eleventh judi- State's .".uy. 
cial circuit shall be and remain the state's attorney for the 
thirteenth judicial circuit, hereby created, until his term of 
office shall expire, and until his successor shall be elected 
and qualified. A special election shall be held in the sev- i^'.'*''?"''' ^''-^ 
eral counties composing the eleventh judicial circuit, on the 
first Thursday of Api'il next, for a state's attorney for said 
said circuit; notice of which election shall be given, and the 
canvassing and return of the votes conducted in the same 
manner as is now required in general elections for state's 
attorneys. The person having the higliest number of votes 
shall be the state's attorney for said circuit; shall be com- 
missioned and qualified as such, and shall hold his office un- 
til the next general election for state's attorne^^, as provided 
by the constitution of tliis state, and until iiis successor shall 
be elected and qualified. 



1851. 22 ^ 

tiopies to bs ^ 9_ "Yho se'cretarv of state sliall, forthwith, transmit a 

copy 01 this act to each oi the clerks ot the circuit and 
county courts of the eleventh judicial circuit. 

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

Approved February 4, 1851. 



In force Feb. 6, AN ACT to amend an act entitled " An act to prevent loss to tbe i-tate 1 y the Macnl- 
]S51. lister and Stebbins bonds, '"' aiiproved February 10, 1849. 

lionds to be sur- Section 1. Be it enacted hy the peojjle (if' the State of 
reu ere- . JlUnois^ represented in the General Assernhlij^ That upon 
surrender by Macallister and Stebbins of the bonds and 
other state securities specified in the first section of the act 
entitled " An act to prevent loss to the state by the Macal- 
lister and Stebbins bonds," approved Feb'y 10, 1849, other 
than those heretofore taken up by the state, or held by per- 
sons who have not availed themselves of the provisions of 
that act, the governor be and he hereby is authorized and 
required to deliver to said Macallister and Stebbins the 

Liquidation balance of the liquidation bonds directed to be issued by 

bonds to be IS- , •■.'■,, . . •'^ 

=ued in lieu the act aioresaid, after retaining a sufficient amount thereof 
iiiereof. ^^^ meet the outstanding liabilities in the hands of persons 

who have neglected to avail themselves of the provisions of 
said act, as provided in the second section thereof. 
Approved February 6, 1851. 



la fori'e Feb 7 ^"^ ^^"^ affirming the sale of the Quincy House property. 

ISO). 

Section 1. Be it enacted by tlie people of the State of 

riaie to A.sh & Jt/inois, rcprcsoited in the General Assevihly., That the 

J\_ " ^"°''™'sale of the Quincy House property, made by the governor 

of this state, under and by virtue of an act entitled "An 

act authorizing the sale of the Quincy House property," 

approved Feb'y 12th, 1849, to Horace F. Ash and Isaac R. 

Diller, be and the same is hereby affirmed. 

Approved Feb'y 7, 1851. 



23 1851. 

AN ACT to suspend the sale of lands o^vncd bv the state. In force Feb- 7, 

ISjl. 

Section' 1. Be it enacted b>/ the peopte of t/ie State of 
Illinois^ represented in the General ^ri^iseynbly^ That fiom '{^,^jg gjjspe„,j_ 
and after the passage of this act, all lands owned and held ed. 
by the state shall be suspended from sale, any thing in the 
act entitled "An act to provide for the sale of public pro- 
perty and the payment of the public debt," in force JMarch 
4th, 1843, to the contrary notwithstanding. 

Approved February 7, 1851. 



AN ACT to relocate the countj- seat of Mason cc unty. -^^ [on-o Feb 8 

1S51. 

Section 1. Be it enacted by the people of the State of 
Illinois^ represented in the General ^dssembly^ That an^'^^^*.'"" ^ ^ 
election shall be held in the county of Mason on the second 
Monday of March, A. D. 1851, at the usual places of hold- 
ing elections in said county, for the removal of the seat of 
justice of said county; at which election the clerks thereof 
shall open two columns, one for Havanna, and one against 
rerrioval, and shall take and record the vote of each qualified 
voter for one of the aforesaid ])laces, or against the remo- 
val of the seat of justice of said county, as said voter shall 
direct. 

§ 2. The same rules shall be observed in conducting said Rules to be ob- 
election, and in making returns thereof, and in counting said ^*=''^'^^- 
votes, and in all other things, as shall be required by law in 
elections for senators and representatives of the General 
Assembly of this state. The clerk of the county court 
shall, immediately on receipt of the election returns, in the 
presence of two justices of the peace, open the election re- 
turns, compare them, and certify the same to the county 
court, and the place having a majority of the legal votes of 
the county shall be and remain the scat of justice of said 
count}'. 

§ 3. No point shall be voted for unless its proprietors, Bonds t« bee« 
or some of them, shall, at least ten days previous to said *^cutcd. 
election, execute a bond, with good and sufficient secuj-ity, 
to the judges of the county court of Mason county, for the 
payment of the sum of one thousand dollars, payable to 
said county judges, or their successors in office, for the use 
of the county, to be applied to the erection of public build- 
ings — one half of said sum of money to be paid when the 
public buildings are commenced, and the other half when 
said buildings are completed : Provided, hoiverer, that said 
bond or bonds shall be void and of no effect as to the pro- 



1851. 24 ^• 

prietors of all places except that where the county seat 
shall be located by a majority of the votes polled. 

Public ofTicesto ^ 4_ Should it be found that a majority of the voters of 
whatcase. ' Said county of Mason, voting at such election, have voted 
for the removal of the county seat as aforesaid, it shall be 
the duty of the county court of said county, as soon as 
practicable after such election, to cause all the public offi- 
ces of said county (required to be kept at the county seat) 
to be removed to the county seat located under this act, and 
it shall be the further duty of the county court, after such 
relocation of the county seat, to convey to Kean Mahony 

Block to be con- ^^"^1 Benjamin H. Gatton the block of lots donated by the 
reyed. original proprietors of the town of Bath, under an act of the 

General Assembly of the state of Illinois, entitled " An act 
to locate the county seat of Mason county," approved Jan- 
uary 14th, 1843, together with all and singular the tena- 
ments and appurtenances thereon and thereto belonging, 
unto them the said Kean Mahony and Benjamin II. Gatton, 
their heirs and assigns, forever, in trust for the benefit of 
the original proprietors of the said town of Bath, under such 
declaration of trust as may be equitably and justly declar- 
ed by the said county court, according to the respective in- 
terests of said original proprietors of the town of Bath ; 
and it shall be the lurther duty of the county court of Ma- 
son county, in the event of such relocation of the county 

other re tnun era- seat thereof, to make such remuneration to the original pro- 

tion to proprie- prietors of the town of Bath, for moneys expended in erect- 
tovb 0} Bath. .^^^ ^j^^ court-house in said town, as they may deem advis- 
able, and as shall be proven according to law. 
' § 5. This act to be in force from and after its passage. 
Approved February 8, 1851. 



In force Feb. 8, -''^^ ACT authorizing the bonnl of siipervifors of Tazewell county to levy and collwt 
1851. a special tax to build a jail in said county. 

Tax may be le- Section 1. Be ii cvactecl hij the pcople of ihe Slate of 
^'^ ■ Illinois, represented in the General tdssembly. That the 

board of supervisors of Tazewell county is hereby author- 
ized and empowered to levy and collect a special tax of six 
thousand dollars, for the purpose of building a jail in said 
county ; three thousand dollars to be levied and collected 
for the year one thousand eight hundred and fifty-one, and 
three thousand for the year one thousand eight hundred and 
fifty-two ; and said tax, when so collected, shall be a])plied 
for that purpose, and the residue of said money, if any, after 
completing said jail, to go into the county treasury of said 
county, for county^ purposes. 

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

Approved February 8, 1851. 



25 1851. 

AN ACT in relation to the penitentiary. ■ In force Feb. 10. 

1851.. 

Section 1. Be it cnach^clby the people of the *^''«'^f // i„,pector to set- 
Illuiois^ represented 111 the General ^.Issembly^ That the in- t.c with lessefc. 
spectors of the penitentiary be and they are hereby anthor- 
ized to settle with the lessee of the penitentiary, for the im- 
provements made by him, and wliich they, in their reports 
to tiie legislature, recommend to be paid for, and that they 
issue their certificate in favor of said lessee for the amount 
so allowed ; which said certificate shall be received by the How paid for. 
treasurer of this state as so much money paid by said lessee, 
and the said treasurer shall give iiis rece!})tfor the same, to 
apply on any bonus or rent due or to become due from said 
lessee to the state of Illinois. 

§ 2. The inspectors of the penitentiary are hereby au- ^"'•'r'^';"'^''** 
thorized to make such improvement in the penitentiary as 
is recommended by their reports, or such as tliey may deem 
necessary, from time to time, to be made, or for the safe 
keeping or successful working of the convicts: Provided, ^^'°'''^^- 
hoivever, that they shall keep in view tlie bonus due or to 
become due from time to time, and that in no case shall 
they be allowed to draw on the treasury for making such 
improvements. 

§ 3. The guards of the penitentiary are by this [act] '';;.;';;^\;^''";P* 
declared exempt from doing road labor, during tlieir service lor. 
as such guards. 

§ 4. Tins act to take effect from and after its passage. 

Appro VKD February 10, 1851. 



AN ACT to exempt homesteads from sale on execution. In force July <, 

1861. 

Section 1. Be it enacted, by the people of the State of 
Illinois, represented in the General Jlssemhly, That in ad- ^o Le sold od 
dition to the property now exempt by law from sale under execution, 
execution, there shall be exem])t from levy and forced sale, 
under any process or order from any court of law or equi- 
ty in this state, for debts contracted from and after the 
fourth day of July, A. D. 1851, tiie lot of ground and the 
buildings thereon occupied as a residence, and owned by 
the debtor, being a householder, and having a family, to the 
value of one thousand dollars. Such exemption shall con- 
tinue after tlie death of such householder, for the benefit of 
the widow and family, some or one of them continuing to 
occupy such homestead until the youngest child shall be- 
come twenty-one years of age, and until the death of such 
widow ; and no release or waiver of such exemption shall 



1851. 2e 

be valid unless the same shall be in writing, subscribed by 
such householder, and acknowledged in the same manner 
as conveyances of real estate are by law required to bo 
acknowledged. 
Bxception. § 2. Butno property shall, by virtue of this act, be ex- 

empt from sale for non-payment of taxes on assessments, or 
for a debt or liability incurred for the purchase or improve- 
ment thereof. 
Proceedings § 3. If, in the opinion of the creditoj-s or officer holding 

'^'i^" I^'"® c^- an execution against such householder, the premises claim- 
and promises ed by him or her as exempt are worth more than one thous- 
divisabie. ^nd dollars, such officer shall summon six qualified jurors 
of his county, who shall, upon oath, to be administered to 
them by the officer, appraise said premises, and if, in their 
opinion, the property may be divided without injury to the 
interest of the parties, they shall set off so much of said 
premises, including the dwelling house, as in their opinion 
shall be worth one thousaiid dollars, and the residue of said 
premises may be advertised and sold by such officer. 
Proceedings § 4. In case the value of the premises shall, in the opin- 

when premises JQj^ of ^ijg iurv, be more than one thousand dollars, and can- 
bie. not be divided as is provided for in this act, they shall make 

and sign an appraisal of the value thereof, and deliver the 
same to the officer, who shall deliver a copy thereof to the 
execution debtor, or to some one of the family of suitable 
age to understand the nature thereof, with a notice thereto 
attached, that unless the execution debtor shall pay to said 
officer the surplus over and above the one thousand dollars, 
on the amount due on said execution, within sixt}' days 
thereafter, that such premises will be sold. 
Premise?, when § 5. In case such surplus, or the amount due on said 
to be sold. execution, shall not be paid within the said sixty days, it 
shall be lawful for the officer to advertise and sell the said 
premises, and out of the proceeds of such sale to pay to such 
execution debtor the said sum of one thousand dollars, 
which shall be exempt from execution for one year there- 
Proviso, after, and apply the balance on such execution : Provided^ 
that no sale shall be made unless a greater sum than one 
thousand dollars shall be bid therefor ; in which case. the of- 
ficer may return the execution for the want of property. 
Ciwts, how § 6. The costs and expenses of setting off such home- 
(jharged. stead, as provided herein, shall be charged and included in 
the officer's bill of costs upon such execution. 

§ 7. This'act shall take effect on the fourth day of Julv, 
A. D. 1851. 

Approved February 11, 1851. 



27 1B51. 

AN ACT to autaorl/.o the board of sunsrvisors of Cook county to borrow money. In force Feb. 11, 

1851. 

Section 1. Be it enacted by the people of the State of Supcryisors au- 
niIwH<!, represented in the General Jlssemhly, Tliat the JJ^'-'^^fJ^^"''- 
board of supervisors of the county of Cook, and their suc- 
cessors in office, be and they are hereby authorized and 
empowered to borrow upon the faith and pledf^e of said coun- 
ty, such necessary sum or sums of money, for any term ol 
time, and at such rate of interest, payable at such place as 
they may deem expedient, not exceeding fifty thousand dol- 
1 irs, and to issue bonds or scrip therefor, under the seal of^oi^sue bonds , 
the county court of said county, signed by the chairman of 
said board of supervisors, or by his successor in office, and 
countersigned by the clerk of said board, or his successor 
in office : Provided, that wiien any money is borrowed un- 
der the authority of this act, the time for the repayment of 
the same shall be so fixed so that not exceeding five thous- 
and dollars of the principal so borrowed shall fall due in 
any one year. Any sum or sums borrowed under the au- 
thority of this act, shall be applied by the board of super- Money, how »p- 
visors, or their successors in office, for the use and benefit i''"^''- 
of said county, in the payment of the debts of the said 
county, and for the purchase of a lot or lots for a jail, and 
the erection thereof, in and for said county, for the repay- 
ment of any sum or sums so borrowed, with the interest upon 
the same. The said board of supervisors, or their successors 
in office, are hereby authorized to pledge the revenue ac- 
cruing to the said county. 

§ 2. The board of supervisors of said county, or their Special tax. 
successors in office, are hereby authorized and required to 
levy and collect a special tax upon all the taxable property 
in the county of Cook, sufficient to pay the accruing inte- 
rest semi-annually, on any sum or sums they may borrow 
under the authority of this act, and to repay the principal 
as it may become due, at a rate of not exceeding five tlious- • ; 

and dollars in any one year. Said taxes shall be levied and 
collected at the same time and in the same manner that other 
taxes of said county are levied and collected, and when col- 
lected, shall be applied by said board of supervisors, or their 
successors in office, to the payment of the interest and the 
repayment of the principal of the money borrowed under the 
authority of this act, and to no other use or purpose whatso- 
ever, until the whole of the money so borrowed is paid up 
in full ; and the persons loaning money to said county as 
aforesaid are to be in no way responsible for the faithful ap- 
plication or use of the money thus borrowed. 

Approved February 11, 1851. 



1851. 28 >* 

In force Feb. 11, AN AC! to create the county of Gallatin out of tlie counties of Gallatin and Saline. 
'■il, except sees. 
1,2, wliich take ^ 

ettect Apri 28. SECTION 1. Be it euacted by the people of the State of 
^sInne°aboiiL- Illinois, represented in the General AssemhUj, That the 

ed. counties of Gallatin and Saline, in this state, shall be and 

the same are hereby abolished. 
New county of ^ 2. All that territory now embraced in the said coun- 

(jallatin iorm- . -^ ,. ^ ,, ,. i o t in i ,• 

ed. ties 01 (jrallatin and baline shall compose hereatter one new 

county, to be styled and known as ihr^coiutty of Gdllatin. 

County seat cs- § 3. The county seat of said ncM^ county of Gallatin is 
*^ ^ ' hereby permanently located at Equality, in said county. 

Election for co. § 4. On the second Monday in April next, an election 
shall be held at all the precincts established in the said coun- 
ties of Gallatin and Saline, as heretofore existing, for all the 
county officers, who, by the constitution and laws of this 
state, are authorized or required to be elected in the sever- 
al counties thereof, except justices of the peace and con- 
stables, for said new county of Gallatin ; and the said elec- 

How conducted. ^^O'^ shall be Conducted by the same officers and in the same 
manner, in each of the said counties, as other elections. 
The clerks of the county courts of said counties shall cause 
the same notice to be given of said election as is required 
in other elections for county officers. The returns of said 
election shall be made to the clerk of the county court of 
Gallatin county, in the same time returns are required to be 
made in other elections for county officers. The said clerk 
of the county court of Gallatin county shall o])en said re- 
turns, and make such certificates and records of the result 
thereof, as is required by law in general elections. The of- 
ficers so elected shall hold their offices until the next gene- 
ral election for county officers, and until their successors 
are duly elected and qualified, and shall give bonds and 
qualify at the same time and in the same manner as county 

.Justices of the officers elected at a general election. All justices of the 
tiifuein^oaice^P^^c® ^"^ constablcs in each of said counties shall be con- 
sidered and haA^e jurisdiction as justices of the jieace ibr 
said new county, during the time for which they si. all have 
been elected. 

§ 6. The said new county hereby created shall succeed 
to all the rights and liabilities, in every respect whatever, of 
both said counties hereby abolished, and all suits may be 
maintained in behalf of or against said county which could 
have been maintained against or in favor of either of the 
counties hereby abolished. 

Old sheriflFs to ^ 6. The sheriffs of said counties of Gallatin and Saline 
ect axes, ^^^ hereby authorized and required to collect all taxes due 
to the state and county in said county, until the same 
is fully completed, and shall account for and make settle- 
ment and pay over the county taxes to the proper officers 
of the new. county of Gallatin, and also of the state, at th.e 



Si . 1851. 

same times and in tlie fiame. manner as other sheriffs are re- 
quired to account and pay over. 

S 7. Tiie treasurer of said new county of Gallatin shalP^^y of *™»-''i:-- 
pay all orders issued by said counties of Saline and Galla- county. 
tin, before the organization of the new county, in the same 
manner as if they had been issued by said new county. 

^ 8. All the recor'ds and papers of the circuit courts in Kecordsand pa- 
said counties of Gallatin and Saline shall be deli\-ered to the courts. 
clerk of the circuit court of said new county. All suits 
pending in said circuit courts shall be considered and pro- 
ceeded in as suits pending in the circuit court for said new 
county to final judgment and execution. 

Jji 9. The clerk of the circuit court in said new county Suits to bo pro- 
of Gallatin shall issue executions on all judgments remain- "^'-''^■'i^'' ""'> •" 
ing unsatisfied in tlie circuit courts of both said counties 
hereby abolished, in the same manner as if said judgments 
had been rendered in the circuit court for said new county, 
and nothing in this act contained shall in anywise affect the 
lien of any judrjment rendered in the circuit court of either 
of the counties hereby abolished. 

^ 10. The records and papers of the county courts of^xeeutions on 
each of said counties shall be delivered to the clerk of the dere(i°Tn*'o"i 
county court of said new county, and shall be treated and counties, 
considered, in all respects, as if the same were the records 
and papers of the county court of said new county, and Koconisofcou;]- 
all such proceedings may be had before the several officers 0' courts. 
of the new county hereby created, as might have been had 
before or by tlie like officers of each of the counties hereby 
abolished. 

§ 11. The said new county of Gallatin is hereby added ^'"T r?o*7 "^' 

. ^ ^ ir-ii • 1- • 1 • -i^ • .,1 1 ,• J 1 ,. . flwl to 12thcir- 

to the tweiith judicial circuit, m the place of the counties ot ouit. 
Gallatin and Saline, and circuit courts shall be held in and 
for said new county b}' the judge of said circuit, at the 
court-house in Equality, on tlie Mondays following the cir-Timeof coi^rt. 
cuit court in the county of Hamilton, as prascribed by the 
act creating the twelfth judicial circuit, and fixing the times 
of holding courts therein. 

§ 12. The public buildings erected in the said county ^'."Wic buiii- 
of Saline, and in the town of Shawneetown, in Gallatin conn- poted ol'' '* 
ty, shall be conveyed by the county courts of the counties 
in which they lie, in such manner as may best indemnify the 
persons at whose expense they have respectively been cre- 
ated. 

§ 13. The first and second sections of this act shall take^^'^" '° ^""^ 
effect from and after the fourth Monday of April next, and 
the remainder thereof from and after its passage. 

Approved February 11, 1851. 



1851, 



30 



In force Feb. 11, 
1851. 



AN ACT changing the time of holding courts in the third j dicial circuit. 



Time of liolding 
courts. 



Hardin. 

Pope. 

.Johnson. 

Williamson 

Franklin. 

Jackson . 

Union. 

Alexander. 

Pulaski. 

JIasgac. 



Section 1. Be it enacted by the people of the State of 
Illinois., rep)resented in the Genet alJissembhj^ That the cir- 
cuit courts in the third judicial circuit shall be begun and 
held at the times hereinafter mentioned, to wit: In the 
county of Hardin, at Elizabethtown, on the first Mondays of 
April and the second Mondays in August; in the county of 
Pope, at Golconda, on the Mondays following ; in tiie coun- 
ty of Johnson, at Vienna, on the Mondays following ; intlie 
county of Williamson, at Marion, on the Mondays follow- 
ing; in the county of Franklin, at Benton, on the Mondays 
following; in the county of Jackson, at Murphysboro, on 
the Mondays following ; in the county of Union, at Jones- 
borough, on the Mondays following; in the county of Alex- 
ander, at Thebes, on the IMondays following; in the county 
of Pulaski, at North Caledonia, on the Mondays following; 
in the county of Massac, at ])Ietropolis City, on the Mondays 
following, and to continue in the last mentioned county in- 
definitely, until the business therein shall be disposed of. 
Writs, suhpoe- § 2. All writs, subpoenas, and other process, which may 
iTXuVnaiiir^to^^^^^ been or may be issued and made returnable to the terms 
erms rised by of courts in said circuit as heretofore required to be holden, 
shall be deemed and taken to be returnable to said terms of 
the courts as required to be holden under this act, and all 
notices which may have been given, either by publication or 
otherwise, with reference to the terms as heretofore required 
to be holden, shall by force of this act refer to the terms of 
courts as required to be holden under this act, and all pro- 
ceedings pending in said courts shall be taken up and dis- 
posed of as if no alteration had been made in the time of 
holding said courts. 

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

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

Approved February 11, 1851. 



this act. 



Acts repealed. 



In force Feb. 11, AN ACT to establish the county of Kankakee, and for other purposes therein named. 
1851. 

The county of Section 1. Be it enacted by the people of the State of 
tobUshed.^ ^^' Ulinois, represented in the General ^/issembly^ That all those 
portions of the county of Will and Iroquois, lying within 
the following boundaries, to wit: commencing at the north- 
east corner of fractional township thirty-two north, range 



m 1851. 

firteea east, and running thence west on the north Hne of^°'^"'^^"*'^- 
township thirty-two north, and range fifteen, fourteen, thir- 
teen, and twelve east, to tlie north-east corner of township 
thirty-two north, range eleven east ; thence south on the 
townsiiip line, three miles ; thence Vv-est six miles, to the 
township line; thence south on the west line of range elev- 
en east and fourteen west, to the centre of the west line of 
township twenty-nine north, range fourteen west; thence > 
east, to the Indiana state line ; thence north, on said line, to 
the place of beginning, be and the same are hereby created 
into a new county, to be called the county of Kankakee : 
Provided, tliat a majority of the voters of each of said coun- Proviso, 
ties of Will and Iroquois, voting upon the question, shall 
consent thereto, in t.'ie manner hereinafter })rescribed. 

§ 2. The qualified voters of said counties of Will and Election u, Vs 
Iroquois may, at a special election, to be held in the sever- i^^id. 
al precincts or towns of said counties, on the first Tuesday 
in April next, vote for or against the organization of said 
new county of Kankakee, by ballot, upon which shall be 
written, or printed, or partly written and partly printed, 
"For the new county" or " Agiinst the new county." 

§ 3. The county clerks of the counties of Will and Iro-D"ty of touniy 
quois shall give notice of said election, in the several elec- '^^''^'''■ 
tion districts of said counties, in the same manner as no- 
tices of general elections are given, as nearly as may be, 
and tiie judges of election and the clerks of the said several 
election districts of said counties of Will and Iroquois, 
shall keep a list of the votes ])olled at said election, and cer- 
tify to and return the same to the clerks of the county 
courts of their respective counties, in the same manner as 
is provided for general elections. The said clerks shall, 
within seven days after said election, proceed to canvass 
the said vote in the same manner as in general elections, ■'^®^"™' *^' "^^ 
and the said clerk of Iroquois county-court shall make re- 
turn of the votes of said Iroquois county to Baldwin Haw- 
kins and Orson Beebe of said county; and the clerk of the 
county court of Will county shall make return of the votes 
of said Will county to Noel Vasseur and William A. Chat- 
field, of Will county, in each case within tiiree days after 
the same have been canvassed, and each of said clerks shall, 
also, within ten days, make return of said votes to the sec- 
retary of state. 

§ 4. If it shall be found that a majority of all the voters in case nev 
in each of said counties of Will and Iroquois, votinc: upon eo'iuty is form- 

1 1 • r- 1 . . ^ p ^ . , ed, election for 

the question, have voted in favor of the organization of said otikers to b« 
new county of Kankakee, then there shall be held a sjiecial ^^^^' 
election in the several precincts and towns within the limits 
above described, for said new county of Kankakee, on the 
second Monday of May next, for county officers. Said 
election shall be conducted by the judges then holding office 



1851. 



32 



under appointment from the counties of Will and Iroquois, 

How conducted, ^nd at the usual places of holding elections ; at which elec- 
tion the qualified voters of said county of Kankakee shall 
elect all county olhcei's for said county, (except such as are 
hereinafter excepted) who shall be commissioned and quali- 
fied in the same manner as such officers are in other coun- 
ties in this state, and shall hold said offices until the next 

Tenure of offices general election for such officers, and until their successors 
are elected and qualified, and shall have all the jurisdiction 
and perform all the duties which are or may be confer/ed 
upon or required of similar officers in other counties of this 
state. 

Justices of the §• 5- Robert Hill, a justice of the Iroquois county court, 
peace to con- aj^(j all justices of the peace and constables who have been 
'heretofore elected and qualified in the counties of Will and 
Iroquois, whose term of office shall not have expired at the 
time of said election, and whose place of residence shall 
be embraced within the limits of said county of Kankakee, 
shall continue to hold their said offices, and exercise the 
jurisdiction and perform the duties thereof, until their term 
of office shall expire, and until their successors shall be 
elected and qualified. Immediately after said election, the 
clerk of the county court of Kankakee county shall notify 
the clerk of the county court of Iroquois county of the 

Special election same, and the office of the said Robert Hill shall thereupon 
Iroquois ^^ declared vacant, and an election ordered to fill such 
vacancy in Iroquois count}', in the same manner as other 
vacancies are filled. 

Township oigan § 6. The voters at said election for county officers, 
imtion. shall also vote upon the question of township organization, 

and the same shall be conducted and returns thereof made, 
in all respects, as near as may be, in accordance witli the 
laws then in force on that subject, and if it shall be ibund 
that a majority of all the voters of said county, voting at 
said election, shall have voted for township organization, it 
shall be the duty of the county court of said Kankakee 
county to proceed to lay oflT said county into townships, and 
shall order a town meeting to be held at such time as said 
county court may deem proper, and the officers then elected 
shall hold their offices until the next general election for such 
officers, and until their successors are elected and qualified: 
Provided, that in cases where justices of the peace and con- 
stables have been elected within the limits of such towns, 
before the division of said county of Kankakee into towns, 

^"£oiofo\vn and whose term of office shall not then have expired, and 
ihip justices, whose residence shall be in any of such towns, such justi- 
ces and constables shall continue in said offices as provided 
in this act, and onlj' such additional justices and constables 
shall be elected in said towns as may be necessary to sup- 



eounty. 



Township 
oers. 



Proviso. 



off.- 



33 1851. 

ply deuciencies ; and the said county shall become subject 
to all tiie laws in force at that time, or to be enacted there- 
after, on the subject of township organization. But in case 
it siiall be ibund that said county shall not have adopted 
townshi].) organization, then said county sliall be subject to 
all the laws of this state in force wiiere such organization 
has not been adopted. 

§ 7. For the purpose of fixing the permanent county How chosen . 
seat of said county of Kankakee, the voters of said county 
shall, at said election for county ofhcers, vote for some place, 
to be designated upon their ballots, lor county seat. Upon 
said ballots shall be written or })rinted, or partly written and 

partly printed, "For county seat, ," after which 

words shall be written or printed the name of the place in- 
tended. The place receiving a majority of all the votes ■■{ «. -., ■ 
polled upon that question, shall be tlie county seat of said 
Kankakee county, but if no one place shall receive a ma- 
jority of all the votes polled upon that question, then it shall 
be the duty of the county court of said county to call an- 
other election within thirty days thereafter, at the several 
places of holding elections in said county; at which time^gpojjd eip^^^^i^^n^ 
the voters of said county siiall select and vote for one of i» what cvtni 
the two places having the highest number of votes on the ^'' 
former election, and the place having the majority of all the 
votes given, shall be the permanent county seat of said 
Kankakee county. 

§ 8. Notices of said election tor county officers shall be ^^?t'fc of ciec- 
given by said William A. Chatfield, Orson Beebe, Noel Jh^en.^ 
Vasseur and Baldwin Hawkins, or any two of them, in the 
same manner as notices of general elections are given by 
the clerks of the county courts. Said notices shall also spe- 
cify that a vote will be taken on township organization, and 
the location of the county seat. 

§ 9. Returns of said election siiall be made to Thomas Returns, to 
Durham of Bourbonnais Grove, within five days after said w'^o"^ '^'"^''- 
election ; and the said Thomas Durham, and two justices of 
the peace of said county of Kankakee, shall, within seven 
days after said election, proceed to open the })oll-books, and 
shall canvass and make returns thereof in the same nian-no^y canvassed, 
ner as is required of clerks and justices of tlie peace, un- 
der existing laws. 

§ 10. All suits and prosecutions that have been orSuit?, Ac, no*. 
may be commenced in said counties of Will and Iroquois, *» ^<= ^•'^^ectecL 
including all proceedings in the county courts of said coun- 
ties, in matters of probate, before the organization of said 
county of Kankakee, shall not be effected by this act; but 
all such suits, prosecutions and proceedings shall be nrose- 
cuted and conducted to their final termination in said coun- 
ties of Will and Iroquois ; and the officers of said counties 
of Will and Iroquois are hereby authorized to execute all 
3 



1851. 



34 



Sehool funds. 



Ojoimissioner. 



writs that may be necessary for t!ie completion of said suits 
and prosecutions within the limits of said county of Kan- 
kakee, and all judgments that may have heretofore been ob- 
tainad or that may hereafter be obtained under the provi- 
sions of this section, shall have the same lien upon all prop- 
erty within the limits of said county of Kankakee, as though 
the said territory had not been erected into a separate 
county. 

Kotioe to circuit § 11. As soon as the couiity officers shall have been, 
elected and qualified, the said county of Kankakee shall be 
considered organized, and the clerk of the circuit court 
shall give notice to the judge of the eleventh judicial cir- 
cuit, who shall hold court at such place as shall be designa- 
ted by the county court of said county, until the county seat 

Courts, whore IS located as herein provided for. Said court shall be held 
and when held, at such times as Said judge shall direct, until otherwise pro- 
vided by law. 

§ 12. The school funds belonging to the several towns 
embraced in the limits of said county of Kankakee, 
shall be paid and delivered over by the school commission- 
ers of the counties of Will and Iroquois, to the school com- 
missioners of the said county of Kankakee, so soon as he- 
shall be elected and qualified. 

§ 13. That the county court of said county of Kanka- 
kee, or the board of supervisors, if said county should adopt 
township organization, may, [at] any term of said court or 
meeting of said board, by an order of said court or board, 
to be entered upon their records, appoint some competent 
person a commissioner, for the purpose hereinafter expres- 
sed, who shall take an oath of office before the clerk of the 
county court, or some justice of the peace of said county. 
Said county court or board of supervisors shall, at the same 
time, provide a sufficient number of blank books, and de- 
liver the same to said commissioner, who shall receipt for 
the same to the clerk of the county court. 

§ 14. As soon as said book or books shall be delivered 
to said commissioner, he shall record in each book a copy 
of the order of his appointment, and of his oath of office, 
and shall thereupon proceed to transcribe into such book or 
books all such deeds, mortgages and title papers of every 
description, with the acknowledgments and certificates re- 
lating thereto, of lands lying in the county of Kankakee, 
which have been recorded, or may hereafter, before the or- 
ganization of said county of Kankakee, be recorded in the 
recorders' offices of said counties of Will and Iroquois ; 
and there shall be allowed to said commissioner such sum 
for his services as said court or board of supervisors shall 
deem just, to be paid out of the county treasury. Said 
commissioner shall note, at the end of each paper by him 



Dutyof oomuiis 
aioner. 



His compensa- 
tion. 



35 1851. 



transcribed, the book, page and county from which the 
same was transcribed. 

§ 15. When s;iid commissioner shall have completed his EffectofrceonU 
work, he shall make return of his said books to the circuit [ommL',^ione!ir 
clerk of said Kankakee county, and they shall betaken and 
considered, to all intents and purposes, as books of record 
of deeds, mortgages and title papers for the said county of 
Kankakee, and copies of said papers, certified by the re- 
corder of said county, shall be evidence in all courts and 
places, in the same manner that deeds and title papers, 
regularly recorded in the recorder's office, are evidence, 
and with the same effect. 

§ 1(3. The secretary of state shall forthwith furnish the Duty of secreta 
county clerks of the counties of Will and Iroquois with a 0'"f ^^tate. 
copy of this act. 

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

Approved February 11, 1851. 



AN ACT to provide for township organization. In force April 1, 

1861. 

ARTICLE FIRST. 

Section 1. Be it enacted hy the people of the State of- 
I/li?iois, represented in, the General ^ssembli/^ That at any Towns'porgani 
general election that may be holden in the several counties [^f'^'^^ ^""^ *^ 
in this state, the qualified voters in any county may vote for 
or against township organization in any county in this state. 

§ '2. The county court, on petition of fifty legal voters *^"''^^'P" ^^ '*•■ 
of said county, shall cause to be submitted to the voters of when submit 
the county, the question of township organization under '"^ 
this act, by ballot, to be written or printed, or partly writ- 
ten or partly printed, " For township organization," or 
<' Against township organization," to be canvassed, and re- 
turned in like manner as votes for state and county officers. 

§ 3. The clerks of the county court shall enter an ab- Clerk to make 
stract of the returns of said election, to be made out and '■«'^"™s. 
certified as in elections for state and county officers, record 
the same at length upon the record of the county court of the 
county, and shall certify the same to the auditor of public 
accounts. 

§ 4. If it shall appear by the returns of said election Majority of i©- 
that a majority of the legal voters of said county are for ^.^SJ*" '^" 
township organization, then the county so voting in favor of '^'^^^^ 
its adoption shall be governed by and subject to the provi- 
sions of this act on and after the first Tuesday of April next 



1851. 36 ^ 

^'^■'^''^■o succeeding: Provided, that a majority of the voters voting 

at such election shall be taken and deemed a majority of the 
voters of said county. 

^ 5. The county court shall, at its next session, appoint 

Oommi.^sionera- jj^j-^g Commissioners, residents of the county, to divide the, 

county into towns or townships, and the said commissioners' 

services shall be audited by the first board of supervisors, 

and paid by the county. 

v^ 6. The commissioners shall proceed to divide such 
Towns, bow ere- county into towns, by making as many towns as tliere are 
^^'^'^' townships, according to government surveys. Where frac- 

tions of townships are caused by the county lines not being 
in accordance with the surveyed townships, then the com- 
missioners may attacii such fractions to adjoining towns, 
where the number of inhabitants or the amount of territory 
shall not be sufficient for a separate town. Wiiere a sur- 
veyed township shall have too few inhabitants for a sepa- 
late organization, then such township may be added to some 
adjoining town, or such township may be divided between 
two or more towns for the time being. And when creeks 
or rivers may so divide such townships as to be inconvenient 
for transactmg town business, then such creek or river may 
be made the town boundary, and the town fractions so 
formed may be disposed of as fractions caused by county 
lines. 
iiamaHoftowis. § 7. Towns shall be named in accordance with the ex- 
press wish of the inhabitants of tlie town, and if there shall 
no<^ be a degree of unanimity as to the name, the commis- 
sioners may designate the name. 

§ 8. The commissioners so appointed shall make a writ- 
Commissronera ten report of their proceedings, giving the names and bounds 
to report. ^^ each town, and present such report to the clerk of the 
county court, on or before the first day of March next suc- 
ceeding. 

§ 9. The clerk of the county court shall thereupon make 

Notices of town out notices for each town, designating a suitable place for 

meeting holdin<r the first town meetincr in sucli town, which shall be 

holden on the first Tuesday of April next thereafter, and 

shall deliver such notice to the sheriff of the county, wiio 

shall cause the same to be posted in not less than three of 

the most public places ol the township, and not less than 

fifteen days before the first Tuesday in April aforesaid. 

§ 10. Each clerk of the county court shall, within thirty 

Oisrk to send days after receiving such report of the commissioners, trans- 

dit^or.^° ^*'^'mit, by mail, to the auditor of public accounts of this state, 

an abstract of such report, giving the bounds of each town, 

Description to and the names designated ; and said clerk shall record, in a 

reoor ed {^Qok for the purpose, a description of each town, as fully 

as the report of the said commissioners. 



37 1851. 

§ 11. If the auditor of public acounts, on comparing the 
abstracts of the reports from the several counties, shall find 
that any two or more townships have names alike, he shall no two townp (o 
transmit to the clerk of the county court of the county or iiave the sama 
counties which have to alter the name or names of such 
town or towns, and the board of supervisors of such county 
shall, at its next meeting thereafter, adopt for such town 
some name different from those heretofore named, so that no ' 

two towns organized under this act shall be named alike, 
and Avhen such name shall be adopted, the clerk of the 
count}' court shall inform the auditor of public accounts, as 
before directed. 

S 12. The auditor of public accounts shall make a re- ^"'''**;'''*'"'^''« 
cord of the names and boundaries of the several towns or- 
ganized under this act. 



ARTICLE SECOND. 

Of the rights, powers and liahillties of towns as bodies cor- 
porate — Rights and liabilities of towns. 

§ 1. Each town as a body corporate has capacity — 

1st. To sue and be sued, in the manner prescribed in i*"'»^er to me. 
the laws of this state. 

2d. To purchase and hold lands within its owji limits, I'urciiafc lunds. 
and for the use of its inhabitants, subject to the power of 
the general assembly. 

3d. To make such contracts, purchase and hold such Make contract?, 
personal property as may be necessary to theexer,i>e of its 
corporate or administrative powers. 

4th. To make such orders for the disposition, leg i!; tion^^'^-"'"'^*' i"'''P' 
or use of its corporate property as may be deemed condu- 
cive to the interest of its inhabitants. 

§ 2. No town shall possess or exercise any corporate Powers prohit-it- 
powers, except such as are enumerated in this act, or shall '''^'" 
be specially given by law, or shall be necessary to the exer- 
cise of the powers so enumerated or granted. 



Suits against towns. 

§ 3. All acts or proceedings by or against a town, in itsLe^hi proccod- 
corporate capacity, shall be in the name of such town, but '"^■'" 
every conveyance of lands within the limits of such town, 
made in any manner, for the use or benefit of its inhabitants, 
shall have the same effect as if made to the town by name. 



1851. 38 

ARTICLE THIRD. 

Of Town Meetings. 

§ 1. The citizens of the several towns of this state, 
qualified by the constitution to vote at general elections, 
shall annually assemble and hold town meetings in their re- 
Time of towugpective towns, on the first Tuesday of April, at such place 
in each tov/n as the electors thereof, at their annual town 
meetings, shall from time to time appoint ; and notice of the 
time and place of holding such meeting shall be given by the 
town clerk, by posting up written or printed notices in three 
of the most public places in said town, at least ten days prior 
to said meeting. 

Town Officers. 

§ 2. Tliere sliall be chosen, at the annual town meeting 
()ffioers to be in each town, one supervisor, one town clerk, one assessor, 

elected. n i. c a.\ ^^ ■ ■ 

one collector, one overseer ot the poor, three commission- 
ers of highways, two constables, two justices of the peace, 
as many overseers of highways as there are road districts 
in the town, and vo many pound-masters as the electors may 

I'roviso. determine : Provided^ that jus ices of the peace and consta- 

bles shall be elected only once in four years, except to fill va- 
cancies, and such justices and constables shall be successors 

i-iiiitionai i>vo-^Q precinct justices ai;d constables : Provided, further, that 
any town having eight hundred or more legal voters shall 
be entitled to elect one additional supervisor. 

Fence Viewers. 

§ 3. The assessor and commissioners of highways elect- 
Ks offi.no fence e(j jr) everv town shall, by virtue of their office, be fence 
viewers of such town. 

Powers of Electors at Toion Meetings. 

\ 4. The electors of each town shall have power, at 
I'ower of vjteis. their annual town meetings — 

1st. To determine the number of pound-masters, and the 
locality of pounds. 

2d. To elect ?uch town officers as may be required to be 
chosen. 

3d. To direct the institution or defence of suits at law 
or in equity, in all controversies where such town shall be 
interested. 

4th. To direct such sum to be raised in such town, lor 
prosecuting or defending such suit, as they may deem ne- 
cessary. 



3^' 1851. 

5th. To make rules, rcfTulations for ascer'aining the suf- 
ficiency of all fences in such towns, and for impounding an- 
imals. 

6th. To determine the tim.e and manner in which cattle, 
liorses, mules, asses, hogs, slieep or goats shall be permitted 
to go at large. 

7th» To impose such penalties on persons offending 
against any rule or regulation established by such town, ex- 
cept such as relate to the keeping and maintaining of fences, 
as they may think proper, not exceeding ten dollars for each 
offence. 

8th. To apply s ich penalties, when collected, in such 
manner as they may deem most conducive to the interest of 
such town. 

§ 5. Special town meetings shall be held to supply va- special town 
cancies in the several cases hereinafter provided for. They meetings. 
shall be held when the supervisors, town clerk and justices 
of the ])eace, or any two of them, together with at least when called. 
twelve other freeholders of the town, shall, in writing, file in 
the office of town clerk a statement, that a special meeting 
is necessary to the interest of the town ; and the town clerk, 
or, in case of his absence, the supervisor shall post up no- 
tices in five of the most public places in the town, giving at 
least ten days' notice of such special town meeiing, and such 
meeting shall act on no subject that shall not be specified in 
the notice callins such meeting. 

ARTICLE FOURTH. .iJ't i' ."' 

Of the method of conducting Town Meetings^ 

§ 1. The electors present, at any time between the hours Town meetinfr!-, 
of nine and ten o'clock in the forenoon of the day on which i'"^^' wndutica 
there is an annual or special town meeting, sliall be called 
to order by the town clerk, if tliere be one ; in case there 
be none, or he is not present, then the voters may elect, by ' 

acclamation, one of their number chairman. They shall 
then proceed to choose one of their number to jjresiue 
as moderator of such town meeting. 

§ 2. The town clerk last before elected or a])pointed, Wbot<> bo uierk. 
shall be the clerk of the town meeting, and shall keep faith- 
ful minutes of its proceedings, m whicli he shall enter at 
length every order or direction, and all rules and regula- 
tions made by such meetings. 

Clerk j^ro tern. 

§ 3. If the town clerk be absent, then such person as cioik ;iro /.>/« 
shall be chosen for that purpose by the electors present 
shall act as clerk of the meeting. 



1851. 40 ^ 

Town mcetinos, c 4^ Town meetings shall be kept open from the time of 

how Ions to be • • iU • i-i xi ti.- c lI 1 

k^ptopen. opening in the mornmg until the setting oi the sun, unless 
the voters present may by vote adjourn one hour, from 
twelve till one o'clock. 

§ 5. All questions upon motions made at town meetings 
Motion?, how shall be determined by the majority of the electors voting; 
and the officer presiding at said meetirig shall ascertain and 
declare the result of the votes upon each question. 

Challenge of Poolers. 

§ 6. If any person offering to vote at any election, or 
Persons chai- upoM any question arising at such town meeting, shall be 
talked to uke challenged as an unqualified voter, the presiding officer shall 
proceed thereupon in like manner as the judges at general 
elections are required, adapting the oath to the circum- 
stances of the town meeting. 

Qualification of voters. 

§ 7. No person shall be a voter at any town meeting 
Qualification of uiilesshc shall be qualified to vote at general elections and 
'^' has been for tlie last thirty days an actual resident of the 

town wherein he shall offer to vote. 

Minutes of proceedings. 

§ 8. The minutes of the proceedings of every town 
©lerk to keepTiecting, subscribed by the clerk of said [meeting,] and by 
minutes. ^hg presiding officer, shall be filed in the office of town 
clerk, within two days after such town meeting. 

ARTICLE FIFTH. 

§ 1. Before the electors shall proceed to elect any town 
i^oj'aniations. officer, proclamation shall be made of the opening of the 
polls, by the town clerk, and proclamation shall in like man- 
ner be made of each adjournment, and of the opening and 
closing of the polls, until the election is ended. . 

§ 2. The supervisor, town clerk, assessor, overseer of 
Voting, manner the poor. Collector, commissioners of highways, constables 
*• and justices of the peace, shall be chosen by ballot; all 

other officers shall be chosen either by ballot, by yeas and 
nays, or by dividing the electors, as the electors of the meet- 
ing may determine. 

§ 3. When the electors vote by ballot, all tlie officers 

Ballot?, how voted for shall be named in one ballot, which shall contain 

" "'■ written or printed, or partly written and partly printed, the 

names of the persons voted for, and the offices to which 

such persons are intended to be chosen, and shall be deliv- 



41 1851. 

cred to the presiding officer so folded as to conceal the con- 
tents. 

§ 4. When the election is by ballot, a poll list shall be ^^'^ ^'-''t- 
kept by the clerk of the meeting, on which shall be entered 
the name of each person whose vote shall be received. 

5 6. When the election is by ballot, the presiding officer Eaiiot bos. 
shall deposite the ballots in a box ])rovided foi' that purpose. 

§ 6. At the close of every election by ballot, the presi- 
ding officer sjiall proceed publicly to canvass the votes; Canvass of vt.u-s 
which canvass, when commenced, shall be continued, with- 
out adjournment or interruption, until the same be com- 
pleted. 

§ 7. The canvass shall be conducted by taking a ballot Canvass. ii<» 
at a time from the ballot box, and continue counting until ""^ "* 
the number of ballots are equal to the number of names on 
the poll list, and if there shall be any left in the box, they 
shall be immediately destroyed, and such persons as shall 
have the greatest number of votes shall be declared to be 
elected. If, on ojiening the ballots, two or more ballots PonV.ie vote? to 
shall be found to be so folded that it shall be apparent that i^e ^e^troyoo. 
the same person voted them, the presiding officer shall des- 
troy such votes immediately. . » 

llesull to be entered by clerk. 

^ 8. The canvass being completed, a statement of ther.c?uitto u m- 
result shall be entered at length, by the clerk of the meet- ^^^l^^^ °" '"'"=■ 
ing, in the minutes of its proceedings, to be kept by him as 
before required, which shall be publicly read by him to the 
meeting, and such reading shall be deemed notice of the re- 
sult of the election, to every person whose name shall have 
been entered on the poll list as a voter. 

J\*otlce to ojjlcers elect. 

§ 9. The clerk of every town meeting, within ten days Notice given t« 
thereafter, shall transmit to each person elected to any town P'^''^°°®® ^^'**" 
office, whose name shall not have been entered on the poll 
list as a voter, a notice of his election. 

ARTICLE SIXTH. 

§ 1. No person shall be eligible to any town office, un- Quaiificatior for 
less he shall have been one year a resident of such town. "'^"*'- 

To take oath. 

§ 2. Every person chosen to the office of supervisor, Oath of offict. 
town clerk, assessor, overseer of the poor, and commission- 
er of highways and collector, before he enters upon the du- 



1851. 42 

ties of his office, and within ten days after he sliall be noti- 
fied of his election or appointment, shall take and subscribe, 
before some justice of tlie peace, such oath or affirmation 
of office as is prescribed b}- law. 

Jlndfil" certificate. 

§ 3. Such person shall, within eight days thereafter, 
.itjuoiitc. cause such certificate to be filed in the office of town clerk. 

JViglect to. 

§ 4. If any person chosen or appointed to either or any 

FMeot or neglect of the town officBS abovc enumerated, shall neglect to take 

and subscribe such oath, and cause the certificate thereof 

to be filed as above required, sucli neglect shall be deemed 

a refusal to serve. 

Jlccepiance to be si^j:;nified. 

§ 5. Every person chosen or appointed to the office of 
«>ui;8 of accept- overseer of highways or pound-masters, before he enters on 
'""^''' the duties of his office, and within ten days after he shall 

have been notified of his election or appointment, shall 
cause to be iiled in the office of town clerk, a notice signi- 
fying his acceptance of such office. A neglect to cause 
such notice to be filed shall be deemed a refusal to serve. 
§ 6. Every person chosen or ajipointed to the office of 
^bond*^"^ ^'^ ^^® collector, before he enters upon the duties of his office, and 
within eiglit days after he receives notice of the amount of 
taxes to be collected by him, shall execute to the supervisor 
of the town, and his successor in office, and lodge with him 
a bond, with one or more sureties, to be approved by such 
supervisor in double the amount of such taxes, conditioned 
for the faithful execution of his duties as such collector, 
§ 7. The supervisor shall, within six days thereafter, 
?»m\ tobeiienfile such bond, with his approval indorsed thereon, in the 
office of the recorder, who shall make an entry thereof in a 
book to be provided for the purpose, in the same manner in 
which judgments are recorded, and every such bond sliall 
be a lien on all the real estate, severally, of such collector 
within the county at the time of the filing thereof, and shall 
continue to be such lien until its conditions, together with 
all costs and charges which may accrue by the prosecution 
thereof, shall be fully satisfied. 

§ 8. Every person chosen to the office of constable, be- 

Ooiv^abiss to fore he enters upon the duties of his office, and within eight 

take o:ith an! jj^..g after lie shall be notified of his election or appoint- 

lila bona. '' , 11 , 1 1 1 •] 1 I • t\. Ml 

ment, shall take and subscribe the oath oi office prescribed 
by law, and shall execute, in the presence of the sup-^rvi- 



43 185L 

8or or town clerk of the town, with one or more sureties, to 
be approved of by such supervisor or town clerk, an instru- 
ment ni writing, which such constable and his sureties shall 
jointly and severall)- ap-ree to pay to each and every person 
who may be entitled thereto, all such sums of money as the 
said constable may become liable to pay, on account of any ^'^"'^'''"^"^" 
executions which shall be delivered to him for collection, by 
virtue of his office. 

§ D. The supervisor or town clerk shall, if ap})roved, To be approved, 
indorse such approval on such instrument, which shall be 
liis approval of tlic sureties therein named, and then shall 
cause the same to be filed in the office of the town clerk, 
and a copy of such instrument, certified by the town clerk, 
shall be presumptive evidence in all courts of the execution 
thereof by such constable and his sureties. 

§ 10. All actions against a constable or his sureties, up- imitation of 
on suf-h instrument, shall be prosecuted within two yeai-s 
after the expiration of the year for which the constable 
named therein shall have been elected or appointed. 

5 11. If any person, chosen or appointed to the office EiTed of neglect 

r n i ill 1 11 i • 1 -i 1 to take oath, 

ot collector or constable, shall not give such security and ^^ 
take such oath as is required above, within the time lim- 
ited for that purpose, such neglect shall be deemed a re- 
fusal to serve. 

§ 12. If any person, chosen or appointed to the office ivnaUy for r&- 
of supervisor, town clerk, assessor, commissioner of high- fusing to sene. 
ways or overseers of the poor, shall refuse to serve, he shall 
forfeit to the town the sum of twenty-five dollars. 

§ 13. If any person, chosen or appointed to the office renaity against 
of overseer of highways cr pound-masters, shall refuse to !'y|i'„7imasteis. 
serve, he siiall forfeit to t!ie town ten dollars. 

§ 14. If any town officer, who is required by law to Penalty for act- 
take the oath of office, shall enter upon the duties of his of- fi]ed. '^ *^"^ '"^ 
fice before he shall have taken such oath, he shall forfeit to 
the town the sum of fifty dollars. 

§ 15. Town officers, except justices of the peace and Tenure of offices, 
constables, shall hold their office for one year, and until 
others are chosen or appointed in their places and are quali- 
fied. The justices of the jieace and constables shall hold 
their offices for four years, or until others are chosen and 
qualified. 

ARTICLE SEVENTH. 

Vacancies in foivn offices, and the manner of filling them. 

§ 1. If any town shall neglect, at its annual town meet- 
ing, to choose its }uoj)er town officers, or either of them, for 
any vacancy occurlnsr, it shall be lawful for the justices of ^ . , 

, •' / I • 1 1 • "^11 Va^nncios, h<m 

tlie peace, together with the supervisor and town clerk, or fiued. 



1851. 44 "* 

by warrant under their hands and seals, to appoint sncli of- 
ficers, and the persons so appointed shall hold their respec- 
tive offices until others are chosen or appointed in their pla- 
ces, and shall have the same powers and be subject to the 
same duties and penalties as if they had been duly chosen by 
the electors ; and in case any town in any county wherein 
township organization has been adopted, or shall hereafter 
be adopted, shall refuse or neglect to organize for the elec- 
tion of officers, the board of supervisors may annex said 
town to any adjoining town, and the said town so annexed 
shall hereafter form and constitute a part of said adjoining 
town. 

§ 2. The justices and supervisors or town clerk making 
Warrant of ap-g^gj^ appointment, shall cause such warrant to be forthwith 

pointmeuts to i^i ,. i i . i • i 

be filed. hied m the office or the town clerk, and forthwith give no- 

tice to each person appointed. 

§ 5. The justices of the peace of a town may, for suf- 

R^ignations. ficient causc shown to thein, accept the resignation of any 
town officer of their town, and whenever they shall accept 
any such resignation, they shall forthwith give such notice 
thereof to the town clerk of the town. 

ARTICLE EIGHTH. 

§ 1. The moderator chosen by the electors to preside 
i>nties of mode- at the annual or special town meeting, shall regulate the 
business and proceedings thereof, and shall decide all ques- 
tions of order, and shall make public declaration of all votes 
passed. When any vote so declared by him shall, upon 
such declaration being questioned by one or more of the 
electors present, he shall make the vote certain by causing 
the voters to rise and be countt^d or by dividing off. 

§ 2. If any person shall conduct in a disorderly man- 
^onsl'lwwderit"®''' ^^^ after notice from the moderator, shall persist there- 
with, in, the moderator may order him to withdraw from the meet- 
ing, and on his refusal, may order a constable or other per- 
son to take him from the meeting and confine him in some 
convenient place, until the meeting shall adjourn, and the 
person so refusing to withdraw shall, for such offence, fur- 
ther forfeit a sura not exceeding ten dollars, for the use of 
the town. 

§ 3. If any moderator shall, at any town meeting, be- 
Moderator tobefore the poll is closed, read or examine, or permit any per- 

flned tor expo- , ' , . ,. I 5 i ii i. -ii 

sinsbaiiou. son to read or examine tiie names on any voter s baliot, witli 
the view of ascertaining any candidate voted for by him, 
such moderator shall forfeit to the use of the town the sum 
of twenty- five dollars. 

§ 4. Before the moderator, or the presiding officer of 

Oath to be taken any towu meeting, shall enter upon the duties ol his office, 

ymo-eraor. j^^ gj-,a}l {^^\^q ^n oath faithfully and impartially to discharge 



45 1851. 

the duties of such office ; whicli oath may he administered 
by the town clerk or other proper officer. 

ARTICLE NINTH. 

§ 1. The supervisor of each town shall receive and pay Superrit^or? to 
over all moneys raised therein, for defraying town charges, " 
except those raised for the support of highways and bridges. 
Said supervisor shall give bond, with one or more sureties, 
conditioned for the faithful discharge of his duties in rela- 
tioji to the town revenue. Such bond to be approved by 
the town clerk, and filed in his office, with such approval 
indorsed thereon. Whenever the town clerk shall ascer- i^iouVht'.^^^ 
tain that such bond has been forfeited, he shall institute suit, 
in the name and for the use of the inliabitants of the town, 
against such supervisor. 

§ 2. He shall prosecute, in the name of liis town or oth- supervisors to 
erwise, as may be necessarv, for all penalties of fifty dol- ^''"S ™'t* '■» 

1 1 J ■ I I " i. 1 i r -i certain cases. 

lars and under, given by law to such town, or lor its use, 
snd for which no otlier officer is specially directed to pros- 
ecute ; and no person shall be disqualified from being a wit- 
ness or juror in such suit, by reason of his being an inhabi- 
tant of said town. 

§ 3. He shall keep a just and true account of the re- To keep acct'i- 
ceipts and expenditures of all moneys which shall come into 
his hands by virtue of his office, in a book to provided for 
that purpose, at the expense [of the town,] and said books 
to be delivered to his successor in office. 

§ 4. On Tuesday preceding the annual town meeting, rp^ ,ptfi^, 
he shall account with the justices of the peace and town 
clerk of the town, or a majority of them, for the rlisburse- 
ment of all moneys received by him, in his official caj)acity. 

§ o. At every such accounting the justices and town ccrtificat*. ' 
clerk, or a majorit}' of them, shall enter a certificate in the 
supervisor's office book of accounts, showing the state of 
kis accounts at the date of the certificate. 

§ G. The supervisor of each town shall attend the an- Supc-visors t» 
nual meetinfj of the board of supervisors of the county, and attend meet- 

V .^ . ••111. "^S^ '^' iiouru 

at every adjourned or special meeting of said board, of 
which he shall have notice. 

§ 7. He shall receive all accounts which may be pre- To receive ae 
sented to him against the town, and sliall lay them before '"^"»'^' '^'^^ , 
the board of town auditors, at or before their annual meeting. 

§ 8. He shall lay before the board of supervisors such Fi»>ti'er duties 
copies of entries concerning moneys voted to be raised in 
his town, as shall be delivered to him by the town clerk. 

§ 9. If any supervisor shall refuse or shall wilfully neg- Pen.aity for ne- 
lect to perform sny of the duties of his office contained in S^ect. 
the preceding section, he shall forfeit to the town the sum of 
fifty dollars, and be disqualified to act as the supervisor of 
said town. 



1851. 46 



ARTICLE TENTH. 



Town clerk to ^ J, The town clei'k of each town in this state sliall. 
records. &c. have the custody ol" all records, books and papers of the. 
town, and he shall duly file all certificates of oaths, and 
other papers required by law to be filed in his office. 

To enter niin- § ii. He shall transcribe in the book of records of his 

utes, &c. town, the minutes of the proceedings of every town meeting 

held therein, and he shall enter in his book every order or 

direction, and all rules and regulations by any such town 

meeting. 

To deliver to su- « 3_ He shall deliver to to the Supervisor, before the an- 

p'jr visor copies ^ . n i i i /• • r- i 

of certain en- nual meeting or the board or supervisors ot the county, in 
tries, &c. each year, certified copies of all entries of votes for raising 
money, made since the last meeting of the board of supervi- 
sors, and recorded in the town book. 
To return the X 4^ 'pj^g town clcrk, immediately after the election or 

naraesof justi- ^ . ^ • f v t-U 4-1 tc • 

ces and consta- appointment 01 anyjustice or the peace, or the qualifying 
b'*^^- of any constables elected or appointed in their respective 

towns, shall return to the county clerk of their respective 
counties the names of such justices and constables. 
Penalty for 0- ^ 5. If any town clerk shall wilfully omit to make such 
mission. return, such omission is hereby declared to be a misdemean- 

or, and on conviction thereof, the person so offending shall 
be adjudged to pay a fine not exceeding ten dollars. 
Cartified copies § 6. Copies of all papei'S duly filed in the office of the 
evidence.'^ ^ town clerk and transcripts from the book of records, certi- 
fied by him, shall be evidence in all courts, in like manner as 
if the originals were produced. 

ARTICLE ELEVENTH. 

Bosird of audi- § 1. In each town the supervisors, town clerk and {us- 
*"''''■ tice of the town shall constitute a board of auditors to ex- 

amine the accounts of the overseers of the poor and the 
commissioners of highways for such town, for moneys re- 
ceived and disbursed by them. 

•ilieir duties. § 2. The board of auditors of town accounts shall meet for 

the purpose of examining the same annually, in each town 
in the state, on the Tuesday preceding the annual town 
meeting to be held in such town. 

Accounts to be ^ 3, Xhe accounts so audited [shall] be delivered, with 
^''^'" the certificate of the auditors, or a majority of them, to the 

town clerk, to be by him kept on file for the inspection of 
any of the inhabitants of the town. They shall also be pro- 
duced by the town clerk at the next annual meeting, and 
shall be there rcjad by him. 

Charjies against § 4. The board of auditors, composed of the same offi- 

towBB. (,gj.g ^i^ej^ ju office, shall, at the same time and place as in 

section two, examine and audit all charges and claims against 



47 1851. 

tlieir respective towns, and the compensation of all town 
officers, except supervisors, for county services, 

§ 5. The said board shall make a certificate, to be sis^ned '^^''c" ^-"liiw i^ 
by a majority of said board, specifying the nature of the Wdors^.>pr 
claim or demand, and to whom the amount is allowed, and ^'*'"''- 
shall cause said certificate to be delivered to the town clerk 
of said town, to be by him kept on iile for the inspection 
of any of the inhabitants of said town, and the afrirrerrate 
amount shall be delivered to the supervisor, to be^'by °iim 
laid before the board of supervisors, at their annual meetini'-. 
The board of supervisors shall cause the amount of safd 
charges to be levied upon the property of said town, and 
collected as other taxes are levied and collected. Tiie How paid. 
c'aims and compensation audited and allowed shall be read 
to the electors at the next annual meeting as directed in sec- 
tion three. 

ARTICLE TWELFTH. 

§ 1. The following town officers shall be entitled to com- Compemation. 
pensation, at the following rates, for each day necessarily 
devoted by them to the service of the town in the duties of 
their respective offices: 

§ 2. The town clerk, assessor, overseer of the poor, and Rak>of foen. 
commissioners of highways, shall receive for their services 
one dollar and fifty cents per day, when attending to busi- 
ness out of town — one dollar for business in their town: 
Provided, that the town clerk shall be paid fees for the fol- 
lowing and not a per diem — for serving notices of election 
upon town officers, as required by law, twenty-five cents ' ■ '• 

each; for filing any paper required by law to be filed 
in his office, ten cents each; for posting up notices required 
by law, twenty-five cents each ; for recording any order or 
instrument of writing authorized by law, six cents for eacli 
one hundred words ; for copying any record in his office and 
certifying the same, six cents for every one hundred words, 
to be paid by the person applying for the same. 

§ 3. The pound-master shall be allowed the following Pouna-m«.sr^r=» 
fees for his services, to wit : for taking into the pound, and ^"'" 
discharging therefrom every horse, ass, or mule and all neat 
cattle, ten cents each ; for every sheep or lamb, three cents 
each; and for every [hog,J large or small, five cents. 

ARTICLE THIRTEENTH. 

§ 1. Whenever any controversy or cause of action shallSuite between 
exist between any towns of this state, and between any *'^'^""- 
town and individual or corporation, such proceedings shall 
be had, either at law or equity, for the purpose of trying 
and finally settling such controversy, and the same shall be 



1851. 48 

conducted in the same manner, and the judgment or decree 
therein shall have the like effect as in other suits or pro- 
ceedings of a similar kind between individuals and corpo- 
rations, 
.■B.iitd, how c 2. In all such suits and proceedin^xs, the town shall sue 

brought. 5 T 1 • 1 /v' 111 

and be sued by its name, except where town omCers sliall 
be authorized by law to sue in tlfeir name of office, for the 
benefit of the town. 

Time of notice. § 3. But no towns, or their officers, shall be required to 
appear, answer or plead to any such suit or action at the 
first term of the court after the commencement thereof, 
(when the same shall be commenced in the circuit court) 
unless the process aforesaid shall be served as herein di- 
rected, at least thirty days before the commencement of the 
term. 

Ou whom ser- § 4. In all legal proceedings against the town by name, 

'"^'^- the first process, and all other proceedings required to be 

served, shall [be] serve i on the supervisor of the town, and 

whenever any suit or proceeding shall be commenced, it 

shall be the duty of the supervisor to attend to the defence 

^"Sur."^ '"P"' thereof, and to lay t)e,fore the electors of the town, at the 
first town meeting, a full statement of such suit or proceec- 
ing, for their direction in regard to the defence thereof. 

§ 5. On the trial of every action in which a town wil 
be a party or interested, the electors and inhabitants of such 
town shall be competent witnesses and jurors, except that 
in suits and proceedings bj^ and against towns no inhabitant 
of either town shall be a juror. 

g.iiis, i!uw § 6. Any person [action] in favor of a town which, if 

bToug;ht. brouo-ht by an individual, could be prosecuted before a jus- 

tice of the peace, may be prosecuted by such town in like 
manner, before any such justice, but no action to recover 
•" shall be brought [before] any of the justices of the peace 

residing in the town for the benefit of which the same is 
prosecuted, but all such actions may be brought before any 
one of the justices of the peace residing in any other town 
in the same county. 

Suite for tres- § 7. Whenever any [action] shall be brought to recov- 
P'*^^'" '"^^^ era penalty imposed for any trespass committed on the lands 
belonging to the town, if it shall appear on tlie trial thereof 
that the actual amount of injury to such town lands, incon- 
sequence of such trespass, exceeds the sum of twelve dol- 
lars and fifty cents, then the amount of the actual damage, 
with costs of suit, shall be recovered in said action, instead 
of any penalty for the same trespass imposed by the town 
meeting, and such recovery shall be a bar to every other 
suit for the same trespass. 

I'ower of courts § 8. Whenever by any decree or decision in any suit or 

to partition. pj.Q(.eeding brought to settle any controversy in relation to 

town commons, or other lands the common property of a 



Witnefises and 
jurors. 



49 1851. 

town, or for the partition thereof, the right of any town shall 
be settled and confirmed, the court in which such proceed- 
ing shall he had may partition such lands according to right 
of the parties. 

§ 9. In all suits or proceedings prosecuted by or againstCo^ts. 
towns, or by and against town othcer^, in their name of of- 
fice, costs shall be recovered as in like cases between in- 
dividuals. Judgments recovered against a town or agahist 
town officers, in actions prosecuted by or against them in 
their name of office, shall be a town charge, and when lev- 
ied and collected shall be paid to the person or persons to 
whom the same shall have been adjudged. 

ARTICLE FOURTEENTH. 

§ 1. Whenever the inhabitants of any town shall deter- Pounds, 
mine, at an annual town meeting, to erect one or more 
pounds therein, tlie same shall be kept under the care and 
direction of such pound-masters as sliall be chosen or ap- 
pointed for that purpose. 

§ 2. The inhabitants of any town may, at any annual May bo discon 
town meeting, discontinue any pounds therein. 

§ 3. The following shall be deemed town charges : Tawn chargef. 

1st. The compensation of town officers for services ren- 
dered their respective towns. 

2d. Contingent expenses necessarily incurred for the use 
and benefit of the town. 

3d. The moneys authorized to be raised by the vote of 
a town meeting for any town purposes, and 

4th. Every sum directed by law to be raised for any town 
purpose. 

§ 4. The moneys necessary to defray the town charges How raiisj. 
of each town, shall be levied on the taxable property in 
such town, in the manner prescribed in the act for raising 
revenue and other moneys for state and county purposes and 
expenses. 

I 5. Whenever the term of any supervisor, town clerk, Successors t<>de- 

^ . . p 1 • 1 .-4.] I II niand books. 

commissioner or highways or overseers oi the poor sliall 
expire, and other persons shall be elected or appointed to 
such office, it shall be the duty of such successor or suc- 
cessors, immediately after he or they shall have entered on 
the duties of the office, to demand of his or their predeces- 
sor all tlie books and papers under his or their control be- 
longing to such office. 

§ 6. Wlienever either of the officers above named shall ^^''^"^^s- 
resign, or the office become vacant in anyway, and another 
person shall be elected or appointed in his stead, the person 
so elected or appointed shall make such demand of his pred- 
ecessor, or of any person having charge of such books and 
papers. 

4 



1851. 50 >• 

I'ereons going ^ 7. It shall be the duty of every person so going out 
th-irjuty. 'of office, whenever thereto required, pursuant to the fore- 
going provisions, to deliver, upon oath, all the records, books 
and papers in his possession, or in his control, belonging to 
the office held by him; which oath may be administered by 
the officer to whom such delivery shall be made. It shall 
also be the duty of every supervisor, commissioner of high- 
ways and overseers of the poor, so going out of office, at 
the same time, to pay over to such successor the balance of 
moneys remaining in his hands, as ascertained by the audi- 
tors of town accounts. 
Executors, their § 8. Upou the death of any of the officers enumerated, 
(Juiics. the successor of such officer shall make such demand as 

above provided, of the executors or administrators of such 
deceased officer, and it shall be the duty of such executors 
or administrators to deliver, upon the like oath, all records, 
books and papers in their possession, or under their control, 
belonging to the office held by their testator or intestate. 

ARTICLE FIFTEE^'TH. 

Towers oi conn § 1- Each county as a body corporate has capacity — 
tieB. 1st. To sue and be sued, in the manner prescribed by 

law. 

2d. To purchase and hold land within its own limits, and 
for the use of its inhabitants, subject to the power of the 
general assembly over the same. 

3d. To make such contracts, and to purchase and hold 
such personal property, as may be necessary to the exer- 
cise of its corporate or administrative powers ; and 

4th. To make such orders for the disposition, regulation 
■' * " or use of its corporate property as may be deemed condu- 
cive to the interests of its inhabitants. 
"Restrictions. § 2. No county. Under this organization, shall possess 

or exercise any corporate powers except such as are enu- 
merated in this act, or shall be specially given by law, or 
shall be necessary to the exercise of the powers so enumer- 
ated or given. 
Proceediujrs, in § 3. All acts and proceeding by or against a county in 
what name tofts corporate Capacity, shall be in the name of the board of 

be carried on. \ riiii. rii 

supervisors or such count}, but every conveyance or land 
within the limits of such county, made in any manner for 
the use and benefit of its inhabitants, shall have the same 
effect as if made to the board of supervisors. 
Powers of coun- § 4. The powers of a county as a body politic can only 
^how execu-|jg exercised by the board of supervisors thereof, or in pur- 
suance of a resolution by them adopted. 



51 U51. 



AKTICLE SIXTKENTH. 



§ 1. The supervisors of the several cities and towns ofMeefmg or ^m 
the counties of this state that shall adopt the town system i'®'^ '""'''■• 
under this act, shall meet annually, in their respective coun- 
ties, for the dispatch of business, as a board of supervisors. 
They may also hold special meetings, at such times and 
places as they may find convenient, and shall have power 
to adjourn from time to time, as they may deem necessary. 

§ 2. The annual meetings of the board of supervisors Time of m.coi- 
shall be holdenon the second Monday in September in each '"R- 
and every year, at the county seat, and if the court-house 
be deemed convenient, to be held therein. 

§ 3. The board of supervisors, at their first meeting in Organization. 
every year, shall organize by choosing one of their number 
as cliairman, who shall preside at all meetings of the board 
during the year. In case of his absence at any meeting the 
members present shall choose one of their number as tem- 
porary chairman. 

§ 4. The board of supervisors of each county in this Power of i.dmJ 
state, shall have power, at their annual meetings, or at any °* supeivKwis 
other meeting — 

1st. To make all such orders, concerning the corporate 
property of the county, as they may deem expedient. 

2d. To audit all accounts chargeable against such county, 
and to direct the raising of such sums as may be necessary 
to defray the same. 

3d. To audit the accounts of town officers and other per- 
sons, against their respective towns, as are not otherwise 
by law provided for, and to direct the raising of such sums 
as may be necessary to defray the same. 

4th. To appropriate funds to aid in the construction of 
roads and bridges in any part of their respective counties, 
whenever a majority of the whole board of the county n ay 
deem it proper and expedient. 

5th. To perform all other duties, not inconsistent with this 
act, which may be requiied of or enjoined on them by any 
law of this state to the county courts. 

§ 5. A majority of the supervisors of any county shall Quonm. 
constitute a quorum for the transaction of business, and all 
questions which shall arise at meetings shall be determined 
by the votes of the majority of the supervisors present, ex- 
cept in such cases as is otlierwise provided. 

§ 6. The board of supervisors shall sit with open doors, Open doors, 
and all persons may attend their meetings. 

§ 7. Every chairman of the board of supervisors shall Oaths. 
have power to administer an oath to any person, concern- 
ing any matter submitted to the board, or connected with 
their powers and duties. 



1851. 52 

^i'?'"'*- § 8. Tlie clerk of the county court shall be clerk of the 

board of supervisors, and whose general duty shall be — 
His duties. lg(.^ 'Iq record in a book, to be provided for that purpose, 

all the proceedings of the board. 

2d. To make regular entries of all the resolutions or de- 
cisions on all questions concerning the raising or payment 
of moneys, or for the regulating of affairs under their con- 
trol. 

3d. To record the vote of the supervisors on any ques- 
tion submitted to the board, if required by any member of 
the board. 

4th. File and preserve all account? acted upon by the 
board. 
His compensa- § 9. The clerk shall receive a reasonable compensation 
tion. f-Qj. jjjg services, to be fixed by the board, to be paid by the 

county. 
Records and ac- § 10. The books, records, and accounts of the board of 
counts. supervisors shall be deposited with the clerk, and shall be 

open without reward, to the examination [of all persons.] 
§ 11. It shall be the duty of the clerk to designate upon 
D'jty of cieiks. gygj.y account upon which any sum shall be audited and al- 
lowed by the board, and the charges for which the same 
was allowed, and he shall deliver to any person who may 
demand it, a certified copy of any account on file in his of- 
fice, on receiving from such person five cents for everyone 
hundred words contained in said copy. 

§ 12. It shall be the duty of the several boards of su- 
Court-houses pervisors, as often as it shall be necessary, to build court- 
aad jails. houses and jails, or cause the same to be repaired, in their 
respective counties, at the expense of such counties. 

§ 13. It shall be the duty of the board of supervisors to 
Poor-houses and take charge of the poor, and the management of the poor- 
^"'^' house in their respective counties that is given to the coun- 

ty commissioner's court, and the overseers of the poor of the 
several towns shall be accountable to and their compensa- 
tion shall bo audited by the board of supervisors, and paid 
by the county. 

§ 14. Each member of the board of supervisors shall 

Pay of 3upervi-be allowed a compensation for his services and expenses in 

*°'^' attending the meeting of the board, or for attending to any 

other business for the benefit of the town or county, at the 

rate of one dollar and fifty cents per day, to be audited by 

the board and paid by the county. 

§ 15. If any supervisor shall wilfully refuse or neglect 
Penalty forneg- to perform any of the duties which are or shall be required 
Lect«f duty, of him bylaw, as a member of the board of supervisors, he 
shall, for every such offence, forfeit the sum of two hundred ^^ 
dollars. 



53 1851. 



ARTICLE SEVENTEENTH. 



§ 1. Every person elected or appointed to the office ofcounty tnji.HiT- 
county treasurer, shall, within ten days after he is notified '^'"• 
of his election or appointment, fde in the office of the coun-„ ^, , 

i I ' r ^ rr c To file acct-pt- 

ty court clerk a written acceptance oi the office oi treas- anw. 
urer, and before he enters upon the duties of his office shall 
give bond to the supervisors of the county, with two or more , 
sufficient sureties, to be approved of by the board of super- ° °'^' 
visors, and in such sum as they shall direct, conditioned that 
such person shall faithfully execute the duties of his office, 
and shall pay, according to law, all moneys which shall come 
to his hands as treasurer, and lender a just and true account 
thereof to the hoard of supervisors, or to the auditor of pub- 
lic accounts of this statC; when tJiereupon required. 

§ 2. Such bond, when approved by the board of super- Boni to be re 
visors, shall be entered upon the records and filed in the of- 
fice of the county clerk. Said clerk shall forward a certi- af{y,r.^° 
fied copy thereof to tlie auditor of public accounts, who 
shall file the same in his office ; and such copy shall have 
the same force and effect as the original bond. Com, ty Lien. 
treasurer's boiads shall be a lien against their real estate. 

§ 3. It shall lie the duty of the county treasurer to re- ^^'^ iiuue!'. 
ceivc all moneys belonging to the county, from wliatever 
source they may be derived, and all moneys belonging to 
the state, which by law are directed to be paid to him, and 
to pay and apply such moneys in the manner required by 
law. 

§ 4. The county treasurer shall keep a just and true ac-^o keep ac- 
count of the receipts and expenditures of all moneys, in a 
book or books to be kept for that purpose ; which books 
shall be provided at the expense of the county. 

5 5. The county treasurer shall have the same power to 'i'ocoiicct cieiin- 

,•>, , •' , . 1 1 T qutnt tax lii^t., 

collect the taxes charged against the delinquent or non- ami settle wun 
resident lands or town lots, and to make sale thereof for the f"^'''"'- 
same, as is now or may hereafter be vested in the sheriff or 
collector under the general laws of this state, and shall ac- 
count for and pay over the state tax in like manner, and at the 
same time that county collectors are required to pay over 
said tax. Said treasurer shall be entitled to like fees for 
delinquent real estate, and for traveling to the seat of gov- 
ernment, as county collectors are entitled to under the rev- 
enue laws. The county treasurer shall, within twenty days 
after having completed the collection of the delinquent tax, 
deposit the assessment rolls or tax books returned by the 
town collectors, in the office of the county clerk. 

§ 6. At the annual meeting of the board of supervi- Toexiiibiibook 
sors, or at such other times as they shall direct, the coun- "'"*^' a^ounu. 
ty treasurer shall exhibit to them all his books and ac- 



1851. 54 

counts, and all vouchers relating to the same to be credit- 
ed and allowed. 

When books to ^ rj _ Upon the death, resignation or removal from ot- 
.iriid. lice of any county treasurer, all the books and papers be- 

longing to his office shall be delivered to his successor in 
office, upon his oath, or in case of his death, upon the oath 
of Ills executors or administrators. In case such treasurer 
shall have left the county, a demand may be made of any 
one having charge of the books or pa;)ers belonging to 
said office, who sliall surrender them up, and on oath if 
required. 

Penalty for re- § 8. If any such preceding county treasurer, or in case 
fusai. Q^ j^|g death, if his executors or administrators shall refuse 

or neglect to deli-\'er such books, papers and moneys, upon 
oath, when lawfully required or demanded, every such per- 
son shall forfeit, for the use of the county, the sum of one 
thousand dollars. 

Treasurer's fees. ^ 9. The county treasurer shall be allowed two per cent, 
on the amount of state tax received and paid over into the 
state treasury, and shall be allowed one per cent, for re- 
ceiving the county and town tax, and one per cent, for lay- 
ing out the same : Provided, that he shall not be allowed any 
commission for paying over to a successor. 

To be prosecu- § 10. Whenever any county treasurer shall fail or refuse 
ted for faiiure^Q pr^y over the countv revenue, the board of supervisors 

to pay over. i ^n . i , i . i i i i 

shall cause suit to be prosecuted on las bond, and the au- 
ditor shall have the same power to prosecute suit against 
the county treasurers, on the copy of their bonds, as is al- 
lowed bylaw for prosecuting suits against county collectors. 
Moneys recover- § II. All moueys recovered in any such action shall be 
p,.-;^ej^ "^''^™"paid or appropriated for tlie uses contemplated or directed 
by law. 

ARTICLE EIGHTEENTH. 

Of the plan by which property is to be assessed. 



Assessment, § 1. Evcry person shall be assessed in the town or dis- 

made^ ^'^ ^^ trict where he resides, for all the lands then owned by him 

within such town or district. 
Owner or occu- § 2. Land owued by a person residing in a tov/u or dis- 
''^"'' trict where the same is situated, but occupied by another 

person, may be assessed in the name of the owner or occu- 
pant, at the election of the assessor. 
ifon-resid ntf. § 3. All lands Owned by any person which are not situ- 
in the town or district where such owner may reside, shall 
be taxed as non-resident, and assessed as hereinafter provi- 
ded for. 
Person.ai proper- § 4. Every person shall be assessed in the town or dis- 
^^^^' trict where he resides when the assessment is made, for all 



55 1851. 

])er.sonal estate owned by him, including all such personal 
tstate in his possession or under his control as trustee, 
guardian, executor or administrator, and in no case shall 
property held under either ot" these trusts be assessed against 
any other person. 

§ 5. The real estate of all incorporated companies. Ha- ''°n><"^«ion3. 
hie to taxation, shall be assessed in the town or district in 
which the same shall lie, in the same manner as real estate 
of individuals. All the capital stock of every incorporated 
company, liable to taxation, shall be assessed in the town or 
district where the principal office of said company is loca- 
ted or business transacted. In tlie case of toll-bridges, the 
company owning sucli bridge shall be assessed in the town 
or district in which the tolls are collected. In the case of 
a stage company, the liorses and stages shall be taxed in the 
town or district where they are usually kept. 

ARTICLE NINKTEENTH. 

§ 1. It shall be the duty of the clerk of the county court, 'v ^ors' bwka 
in each and every county where they have organized into 
townships, to procure or prepare, in conformity with the in- 
structions with which he may from time to time be furnish- 
ed by the auditor of public accounts, blanks or books, prop- 
erly ruled and with suitable heading, for the use of the as- 
sessors of the several towns or districts in his county, a 
suitable number of which shall always be read}' for the as- 
sessors throughout the county, and each assessor shall call 
for the same on or before the first day of May in each and 
every year. The expense of procuring the same shall be 
audited by the bo 3rd of su})ervisors, and paid out of the 
county treasury. Ke shall also furnish each assessor with List or taxab;-5 
a list of all taxable lands within their respective towns or i^'°f"-' -^ • 
districts as have not been heretofore furnished. 

§ 2. Between the first day of May and July in each Time of assosa 
year, the assessor shall })roceed to ascertain, by diligent in- 
quiry, the name of all the taxable inhabitants in tlieir re- 
spective towns or districts, and also the taxable property, 
real or personal, within the same. 

§ 3. They shall set down, in the separate columns, as Howma.i.-. 
headed for each article of taxable property, according to 
their best information and judgment, in accordance with the 
revenue laws of this state. 

^ 4. When a person is assessed as trustee, guardian, ex- Trnstecs ;;uar- 
ccutor or administrator, he shall be assessed as such, with '^'""i' ' *^- 
the addition of his name to his representative character. 

§ 5. The assessor shall complete the assessment rolls on wiicn wmpi^- 
or before the first day of August in eacli year, and shc.ll ^'^''• 
fortliwith cause notices thereof to be posted up in three or 
more of the most public places in the town, ward or district. 



1851. 56 

Wvtkes. ^ 6^ Such notices shall set forth the time and place 

where he will meet witli the town clerk and supervisor of 
the town, to correct the roll; which time of meeting shall 
not be less than ten days from completing the assessments, 
nor more than fifteen days from the time of such comple- 
tion. 

iU;/iew of as- § '7- The assessor, town clerk and supervisor shall at- 

ntssincut. tend at the time and place specified in the notice, and on the 
application of any person conceiving himself aggrieved, 
they shall review the assessment, and when the person ob- 
iectins: thereto shall make an affidavit that the value of his 
personal estate does not exceed a certain sum specified m such 
affidavit, the assessor shall reduce the assessment to the sum 
specified in such affidavit, and if he or any other one objects 
to the valuation put upon any of their real estate, the board 
shall hear the objections, and may reduce the same, if a ma- 
jority of the board think it advisable, and in such case the 
assessor shall correct his list. 

^'^^^^ § 8. The oath required by the preceding section may be 

administered by the assessor, town clerk or supervisor. 

rertificate of as- ^ 9. After the assessment is corrected according to the 
provisions of section seven of this article, the assessor shall 
sign the assessment roll, and shall sign and attach thereto a 
>. certificate in the following form : 

I do certify that I have set down in the above assessment 
roll, as corrected, all the real estate situated in the (town or 
district, as the case may be,) according to my best informa- 
tion, and that I have estimated the value of the real estate 
at the sum which I have deemed to be the true value there- 
of ; and also that the said assessment rolls contain, as cor- 
rected, a true statement of the aggregate amount of taxable 
personal estate of each and every person named in the said 
roll, excluding such stocks as are otherwise taxable, and that, 
with the exception of those cases in which the value of sucli 
personal estate has been sworn to by the owner or posses- 
sor, I have estimated the same according to my best infor- 
mation and belief. 

Instructions and ^ IQ. The assessors, in the execution of their duties, 
*^*^™^' shall use the forms and pursue the instructions which shall 

from time to time be transmitted to them by the auditor of 
public accounts, or furnished them by tiie county clerks. 

Manner of as- § 11. In assessing the lands and town lots in any town or 

i^easment. district, the assessor shall list the same in numerical order, 

placing each separate section, an(), as far as practicable, 

each government subdivision of a section by itself, Fnd shall 

Time of r^tun . reUirn the assessment roll, certified, to the clerk of the 
county court, on or befc re the first day of September in 
each year. 



57 1851. 

§ 12. The clerk, upon the receipt of the several assess- D"ty of clerk. 
ment rolls, shall carefully compare the same with the list of 
taxable land on file in his olHce, correcting all errors which 
he may discover, and add to the roll of the proper town the 
name of the purchaser, and the description of all such lands 
as have been omitted by the assessor which are liable to tax- 
ation. He shall then make a fair cojjy ol the several assess- 
ment rolls ; which copy, together with the original, shall be 
laid before the board of supervisors, at their annual meet- 
ing in each year; for which service said clerk shall be al- 
lowed a sum not exceeding two cents for each tract of land, 
and one cent on each town lot contained in said rolls, and 
where the real estate and personal property are separate, 
one half cent for each person's name and valuation of per- 
sonal property contained in said rolls. 

^ 13. If any assessor shall wilfully refuse or neglect to Penalty for neg- 
perform any oi" the duties required of him by this act, he i*-''^^"' 'i^st-or. 
shall forfeit to the people of this state the sum of fifty dol- 
lars, and be liable for all damages sustained by any such re- 
fusal or neglect. 

ARTICLE TWENTIETH. 

Of the equalization of assessmeiits and the correction of the 
assessment rolls. — Examination of rolls. 

^ 1. The board of supervisors of each county in this assessmeiu^. *' 
state, at their annual meeting, siiall examine the assessment 
rolls of the several towns in their county, for the purpose 
of ascertainino; whether the valuations in one town or dis- 

...» 

trict bear just relation to all the towns and districts m the 
county, and they may increase or diminish the aggregate 
valuation of real estate in any town or district, by adding or 
deducting such sum upon tlie hundred as may, in their opin- 
ion, be necessary to produce a just relation between all the 
valuations of real estate in the county, but they shall, in no 
instance, reduce the aggregate valuations of all the towns 
and districts below the aejsrregate valuation thereof as made 

••IT 

by the assessor. They may make such alterations in the de- 
scriptions of the lands of non-residents as they shall deem 
necessary, and they shall assess tlie value of all such lands 
as have been omitted by the assessor and listed by the clerk, 
and cause the same to be placed opposite the description of 
said lands in a column prepared for that purpose. 

^ Tiiey shall, at their annual meeting, fix upon a certain Rate of county 
rate upon the hundred dollars to be levied upon the taxable ^^^ town as- 
property, both real and personal, in their respective coun- 
ties, lor county purposes, wliich they shall cause to be en- 
tered upon their record, and they shall, at the same time, 
also enter upon their record the amount to be collected in 



tioiis 



1851. 58 

each town in their respective counties ibr town purposes. 
They shall carefully compare the copy made by the county 
clerk with the original assessment roll, and when so com- 
pared and corrected they shall cause the taxes to be ex- 
tended on the copy. Tliey shall also cause to be indorsed 
on the original assessment roll the amount per cent, levied 
on each one hundred dollars' worth ot valuation as taxes 
thereon, under the hand of their chairman, attested by the 
clerk and seal of the county court; which roll shall remain 
in the county clerk's office until the month of March next 
thereafter. The town clerks shall call on the county clerk 
during the month of March in each year, for the original 
assessment rolls of the previous year of their respectivr- 
towns ; which rolls they shall file in their respective offices 
for the use of the town. 
sparite valua- ^ 3. They shall cause to be estimated and set down, in 
a separate column to be prepared for that purpose in the 
copied assessment roll, opposite the several sums set down 
as the valuations of real and personal estate, the respective 
sums in dollars and cents, rejecting the fractions of a cent, 
to be paid as a tax thereon. 

A^'u'i-e-atevaiu- ^ 4_ They shall also cause to be added up and set down, 
the aggregate valuation of the real and personal estate in 
the several towns and districts, as corrected by them, and 
the county clerk shall transmit to the auditor of puldic ac- 
counts, by mail, a certificate of such aggregate valuation, 
showing separately the aggregate valuation of real and per- 
sonal estate, and the amount of state and county tax. 

Assessment roll, § 5. The board of Supervisors shall cause the copicd and 
rocoUeotor""^'^°^"^^*^^®^^ assessment roll of each town or district in their 
respective counties, with the taxes extended thereon, to be 
delivered to the collector of such town or district, on or be- 
fore the fifteenth day of November in each year. 

v/iirrant to be § ^- To each assessment roll SO delivered to a collectoj', 
attached to said a warrant, under the hand and seal of the chairman of the 
board of supervisors, attested by the county clerk and seal 
of the county court, shall be annexed, commanding such 
collector to collect from the several persons named in the 
assessment roll the several sums mentioned in the last col- 
umn of such roll, opposite their respective names. The 
warrant directed to the collector of a town shall direct the 
collector, out of the moneys to be collected, after deduct- 
ing the compensation to which he may legally be entitled, to 
pay over to the commissioners of highways the amount of 
tax collected for the support of highways and bridges, and 

Its tenor. to the Supervisor of the town all other moneys whicli shall 

have been collected therein, to defray any other town ex- 
penses ; to the township treasurers the school fund tax, and 
to the county treasurer the state and county tax collected 
by them. The county treasurer shall pay over to the prop- 



59 ■ 1851. 

er oificers the amount of tax collected oy them on the de- 
linquent real estate. 

§ 7. In all cases the warrant sliall authorize the coUee- Auihoritytodirt- 
tor, in case any person named in such assessment roll shall '^'""' 
neglect or rel'use 'o pay his tax, to levy the same by distress 
and sale of the goods and chattels of such person, and it shall 
require all payment therein specified to be made by sucii col- 
lector on or before the fifteenth day of February next ensuing. 

i5 S. The ciiairman of the board of supervisors and *^'-"'^°"°' °' f' 

i n 1 1 1 s;'S!^meiit rolls 

county clerk, as soon as the assessment rolls liave been de- to be delivered 
livered to the several collectors, with such warrants annex- ^^ treasurer. 
ed, siiall transmit, under their hands and seals of the coun- 
ty court, to the treasurer of the county, an account there- 
i)f, stating tile names of the several collectors, the amount 
of money they are respectively to collect, the purposes for 
which the same are to be collected, and the persons to whom 
and the time when the same are to be paid ; and the coun- 
ty treasurer, on receiving such accounts, shall charge to 
each collector the sums to be collected by him. 

ARTICLE TWKNTV-FIRST. 

Of the manner in whie/i taxes are to be collected., and the 
duties of the collector. — Collector — tnode of collection. 

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

In case of refusal to pay. , 

§ 2. In case any person shall refuse or neglect to payDistresa. 
the tax imposed on him, the collector shall levy the same by ' 
distress and sale of the goods and chattels of the person 
who ought to pay the same. . ■ 

A^otice. 

^ 3. The collector shall give public notice of tiie time Notice of saia. 
and place of sale, and of the property to be sold, at least 
six days previous to the sale, by advertisement, to be post- 
ed up in at least tliree public places in tlie town where such 
sale is to be made. The sale shall be by public auction. ' '.' 

Stirplus. 

§ 4. If the property distrained shall be sold for more Surplus, 
tliun the amount of the taxes, tiie surplus shall be returned 



1851. 60 

to the person in whose possession such property was when the 
distress was made, if no claim be made to such surplus by any 

" ■ other person. If any other person shall claim such surplus, 

on the ground that the property sold belonged to him, and 
such claim be admitted by the person for whose tax the same 
was distrained, the surplus shall be paid to such owner. 
Proceedings in § ^- In case any person upon whom any tax shall be 
caseoi removal assessed, under the provisions of this act, in any city or town 
of this state, shall have removed out of such city or town 
after such assessment, and before such tax, which now is or 
hereafter may be assessed, in any district of any city or in 
any town, upon the estate of such person situated out of the 
city or town in which he shall reside, and within the coun- 
ty, it shall be lawful, in either of those cases, for the col- 
lector of said city or town to levy and collect such tax of the 
goods and chattels of the person assessed, in any district 
within said cities, or in any town within the said county to 
which such such person shall have removed, or in which he 
shall reside, 
tl) pay oveT/°° § ^- Every collector shall pay over, within one week 
after the time mentioned in his warrant for paying the mo- 
neys directed to be paid to the town officers of his town 
and to the county treasurer, the sums required in such war- 
rant to be paid to them respectively, first retaining ihe com- 
pensation to which he may be legally entitled. "The town 

,a,ts: officers to whom any such moneys shall be paid, shall de- 

liver to the collector duplicate receipts tlierefor, one of 
which shall be filed by the collector with the county treas- 
urer, for the amount therein stated to have been received, 
and no other evidence of such payment shall be received 
by the county treasurer. 

''^^Ted'of'"'''^'' § 7. _ Whenever any greater amount of taxes shall be as- 
sessed in any town than the town charges thereof, and its 
proportion of the tax and county charges, the surplus shall 
be paid by the collector to the supervisor of the town, who 
* sliall hold the same until wanted by the town to pay any town 

expenses. 

Collector to re- ^ 8. The Collectors shall receive on the part of anv lot, 

«eive tax on- i,-iii -...i ^ r, .,%, 

part of lot orPisce or parcel ol land charged with taxes : Provided, the 
Provko persons paying such tax shall furnish a particular specifica- 

tion of the part, and if the tax on the remainder of such 
.»U'i<i -•■■ lot or parcel of land shall remain unpaid, the collector shall 
enter such specification in his return to the county treasur- 
er, to the end that the part on which the tax remains unpaid 
may be clearly known. 
ftSauS § . 9; If any part on which the tax shall be so paid be an 
undivided share, then the person paying the same shall state 
to the collector who is the owner of such share, then it may 
be excepted in case of a sale for the tax on the remainder, 



61 1851. 

and the collector shall enter tlie name of such owner on his 
account of arrears of taxes. 

§ 10. If any of the taxes entered in his tax bill annex- l^^'iinqocnt 'i'-^t 
ed in his warrant shall remain unpaid, and the collector shall 
not be able to collect the same in the time required by his 
warrant, he shall then deliver to the county treasurer his tax 
book, and a list containing a description of such taxes due 
and unpaid, and shall make oath before the county treasur- 
er, or, in case of his absence, before any justice of the 
peace, that the sums mentioned in said list remains unpaid, 
and that he has not, upon diligent inquiry, been able to dis- 
cover any goods or chattels belonging to or in the possession 
of the person so charged with or liable to pay such sums 
whereon he coidd levy the same, he shall be credited by the 
county treasurer the amount thereof, and the county treas- 
urer shall give the collector a receipt for the same. 

§ 11. If any person, chosen or appointed to tiie office of^'i'?''^*"'''^' ^''^ 
collector of any town, district or city in this state, shall re- 
fuse to serve, or shall die, resign, or remove out of the town, 
district or city, or the office becomes vacated in any other 
way, before he shall have entered upon or completed the 
duties of his office, or shall in any way be disabled fi om com- 
pleting the same, the supervisor and justices of such town 
or district, or any two of them, shall forthwith appoint a 
collector for the remainder of the year, who shall give the 
like security, and be subject to the like penalties, and have 
the same powers and compensation as the collector in whose 
place he was appointed, and the supervisor or town clerk 
shall fortiiwith give notice of such appointment to the coun- 
ty treasurer. But such appointment shall not exonerate the 
former collector or his sureties from any liability incurred 
by him or them. 

§ 12. If a warrant shall have been issued as by law pro- Warrant, .tc. 
vided, prior to any appointment under the last section, the 
original warrant, if the same can be obtained, shall be de- 
livered to the collector so appointed, and shall be consider- 
ed as giving him the same powers as if originally issued to 
him. Lut if such warrant cannot be obtained, a new one 
shall be made out by the clerk of the board of supervisors 
of the county, and shall be signed by the chairman of the 
board of supervisors, in the same way and manner as the 
original was, which shall be directed to the collector so ap- 
pointed, and upon every such appointment the supervisor of 
the town or district, if he shall think it necessary, may ex- 
tend the time limited for the collection of the taxes, for a 
period not exceeding thirty days ; of which extension he 
ehall forthwith give notice to the county treasurer. The ^. C' 

collector so appointed shall keep an account of all collec- 
tions made by the former collector, so far as he can ascer- 
tain the same, and when any one shall present a receipt for 



1851. 62 

taxes paid to the former collector, he shall mark against the 
amount of taxes so paid, to whom paid, and the time when 
paid. 

J\^e gleet of Collector to pay over money. 

Neglect, of eoi- § 13. If any collector shall refuse or neglect to pay to 
lector to pay the Several town officers of his town, or to the county treas- 
urer, the sums required by his warrant to be paid to them 
respectively, or either of them, or to account for the same 
as unpaid, the county treasurer shall, within twenty days 
after the time when such payments ought to have been made, 
issue a Avarrant, under his hand and seal, directed to the 
sheriff of the county, commanding him to levy such sums 
as shall remain unpaid and unaccounted for by such collec- 
tor, of the goods and chattels, lands and tenements of sucli 
*■■' '" _' collector, and to pay the same to the county treasurer, and 
to return such warrant within forty days after the date there- 
of; which warrant the county treasurer shall immediately 
deliver to the sheriff of the county. But no such warrant 
shall be issued by the county treasurer, for the collection of 
moneys payable to town officers, without proof, by the oath 
of such town officers, of the refusal or neglect of the col- 
lector to pay the same, or account therefor as above pro- 
vided. 

Duty of Sheriff. 

.siieriff to exe- § 14. The sheriff to whom such warrant is directed 
shall immediately cause the same to be executed, and 
shall make return thereof to the county treasurer, with- 
in the timer specified, and shall pay to him the money re- 
ceived by virtue thereof, deducting from his fees the same 
■'■^ ' compensation that the collector would have been entitled to 
retain. Such part of the moneys, if any, as ought to have 
been paid by the collector to the town officers, shall be paid 
by the county treasurer to the officers to whom the collector 
was directed to pay the same ; but if the whole amount of 
moneys due from the collector shall not be collected in such 
warrant, the county treasurer shall first retain the amount 
which ought to have been paid him, before making any pay- 
ment to the town officers. 

In case the ichole or part of money is paid. 

When whole or § l-^- If the wholc sum due from the said collector shall 
part of money be collected, the sheriff shall so state in his return, but if 
ispau. T^Qxi only, or if no part of such sum shall be collected, the 

sheriff shall note in his return the amount levied, if any, ex- 
clusive of his fees, and shall also certify that such collector 
has no goods or chattels, land or tenements in his county, 



63 1851. 

from which the moneys or the residue thereof, as the case 
may be, couki be levied, and in cither case the county treas- 
urer shall forthwith give notice to the supervisor of the 
tj'.vji or district of tlie amount d le from such collector. 

Bond k) be sued. 

^ 16. Tiie supervisor shall forthwith cause the bond of^"'' "" •"»''• 
such collector to be put in suit, and shall be entitled to re- 
cover thereon the sum due from such collector, with costs 
of suit, and the moneys recovered shall be applied and paid 
to the supervisor, in the same manner in which it was the 
duty of the collector to have applit'd and paid the same. 

§ 17. If any sheritVshall neglect to return any such warrant, ^'-^j-''"'*^ ^' ■"'^^''" 
or to pay the money levied thereon, within the time limited 
for the return of said warrant, or shall make any other re- 
turn than such as is above mentioned, the county treasurer 
shall forthwith proceed to collect the whole sum directed to 
be levied by such warrant, by a proper suit thereof, [there- 
for,] and he may proceed in the first instance by a writ of 
attachment against the goods and chattels, lands and tene- 
ments, rights and credits, of such sheriff, and the same pro- 
ceeding may be had thereon, in the proper court, as is now 
provided by law in ordinary cases of attachment. 

§ 18. In case the county treasurer shall fail to collect ruiiinvofircns- 
such moneys by attachment or suit, as is provided for in the ^''^' 
next preceding section hereof, he shall certily to the auditor 
of public accounts that he has issued such warrant, statino- 
its contents, that the sheriff' has neglected to return the same 
in the manner required by law, or to pay the money levied 
thereon, as the case may be, and that lie has pursued the 
remedy, by attachment or suit, without effect. 

§ 19. The auditor of public accounts shall give notice ^"'^i*'"' *'^' K''"** 
thereof to the attorney general, or any one acting as such, 
who shall immediately prosecute such sheriff' and his surf- 
ties for the sum due on such warrant ; which sum, when col- 
lected, shall be paid to the treasurer of this state, and by 
him, on the warrant of the auditor of public accounts, to the 
county treasurer, the county part thereof: Proz;zo'efi^, that Proviso. 
any such proceeding may be had under the general laws of 
this state. 

§ 20. Upon the settlement of the amount of taxes di- Receipt and di- 
rected to be collected by any collector, in any of the towns <;Ji-"^'"se by tr.>«- 
or cities m this state, the county treasurer shall, if requested, 
give to such collector, or any of his sureties, a satisfaction 
piece in w^-iting, and shall acknowledge the same before 
some person authorized to take acknowledgments of deeds. 

§ 21. Upon the production of such satisfaction piece, Satisfaction t» 
acknowledged as aforesaid, the recorder of the county shall ^ «"**''«<*■ 



1851. 64 

enter satisfaction of record of the collector's bond, which 
shall be discharged. 

^'-^^- § 22. The officer taking and returning such acknow- 

ledgment, shall be entitled to the same fees as for taking and 
enterinsr acknowledp-ments of satisfaction of a deed ormort- 
gage. 

Collector's fee. ^ 23. The collector of any town shall be entitled to 
three per cent, on all moneys collected by him, as his com- 
pensation. 

ARTICLE TWENTY-SECOND. 

0/ Roads, Highways and Bridges. 

Oomrnisrfioners § 1. The Commissioners of highways in the several 

ot .nghways. ^Q^jjg ]t^ ^]^jg State, shall have the care and superintendence 

of highways and bridges therein ; and it shall be their 

duty- 
Powers ami du- ig|;_ ^Q giyg directions for the repairing of the roads and 
bridges in their respective towns. 

2d. To reg date the roads already laid out, and to alter 
such of them as they or a majority of them shall deem 
proper, as hereinafter provided. 

3d. To cause such roads used as highways as have been 
laid out but not sufficiently described, and such as have 
been used for twenty years, but not recorded, to be ascer- 
tained, described and entered of record in the town clerk's 
office. 

4th. To cause the highways and the bridges, which are 
or may be erected over streams intersecting highways, to 
be kept in repair. 

5th. To divide their respective towns into so many road 
districts as they shall deem convenient, by writing, under 
their hands, to be lodged with the town clerk, and by him to 
be entered in the town book. Such division to be made 
annually, if they shall think it necessary, and in all cases to 
be made at least ten da3's before the annual town meeting. 

6th. To assign to each of the said road districts, such of 
■v the inhabitants liable to work on highways as they shall think 
proper, having regard to proximity of residence as much as; 
shall be ; and, 

7th. To require the overseers of highways, from time to 
time, and as often as they shall deem necessary, to warn all 
persons to work on highways, to come and work thereon, 
with such implements, carriages, sleds, cattle or teams as 
the said commissioners, or any one of them, shall direct. 
Acconttoboajd § 2. The commissioners of highways of each town shall 
© au 1 rs- render to the board of town auditors, at their annual meet- 
ing for auditing the accounts of town officers, an account ia 
writing, stating — 



65 1851. 

1st. The labor assessed and performed in such town. 

2d. The sums received by such commissioners for fines 
and commutations, and all other moneys received under this 
act. 

3d. A statement of the improvements necessary to be 
made on such roads and bridges, and an estimate of the 
probable expense of making such improvements, beyond 
what the labor to be assessed in that year and the road tax 
will accomplish. 

4th. Also, a statement in writing of all ex])enses and dam- 
ages in consequence of laying out, altering or discontinuing 
roads. 

§ 3. It shall be the duty of the commissioners of high-Guide-boartjs 
ways of each town to cause suitable guide-boards to be put 
up at such places as they may deem necessary. 

8 4. It shall be the duty of the overseers of highways Duty of over- 

. ^ , , •' & J gg^.^g pf j,i ,,. 

in eacil town _ _ _ ^aje defined. 

1st. To repair and keep in order the highways within 
their several districts for which they shall have been elet;ted. 

2d. To warn all persons from whom road labor is due to 
work on the highways, at such times and places, within their 
several districts, as they may think proper. 

3d. To collect all fines and commutation money, and to 
execute all lawful orders of the commissioners of highways. 

4th. To deliver to the clerk of the town, within sixteen 
days after their election or appointment, a list subscribed 
by such overseer, of the names of all the inhabitants in his 
road district who are liable to work on the highways. 

Implements. ■ ■ - - 

§ 5. The commissioners of highways, whenever they Tools to te pso- 
shall think it necessary, may direct and empower any over- 
seer of highways in their respective towns, to procure a 
good and sufficient iron or steel shod scraper and plough, or 
either of them, for the uses of liis road district, to be paid 
for by moneys arising from commutation and fine within 
the district. ■ , " 

Vacancy. 

§ 6. If any person, chosen or appointed to the office ofvacancioa, bov 
overseer of highways, shall refuse to serve, or if his office ^''«•• 
shall become vacant, the commissioners of highways of the 
town shall, by warrant under their hands, appoint some oth- . ^ 

er person in his stead, and the overseer so appointed shall 
have the same powers, be subject to the same orders, and 
liable to the same penalties as overseers chosen at the town 
meeting. 



1851. 66 

JVarrant of <ip'pointm,ent. 

Wammt to be ^ 7. The Commissioners making the appointment shall 
^^^'^' cause such warrant to be forthwith filed in the office of the 

town clerk, who shall give notice to the person appointed, 
as in other cases. 
Penalty for neg- ^ 8. Every oversecr of highways who shall refuse or 
'**'■ neglect to perform any of the duties of this act, or which 

may be lawfully enjoined on him by the commissioners of 
highways of his town, and for the omission of which a 
penalty is hereinafter provided, shall, for every such refus- 
al or neglect, forfeit the sum of ten dollars, to be sued for 
by the commissioners of highways of the town, and when 
recovered to be applied by them in making and improving 
the roads and bridges therein. 
Ma«iingof com- § 9. The Commissioners of highways of cach town shall 
missioners. meet within eighteen days after they shall be chosen, at the 
town clerk's office, on such day as they shall agree upon, 
andfifterwards at such other times and places as they shall 
think proper. 
i.ists to be deiiv' i^ 10. The town clerk shall deliver the lists filed by the 
eredtocommi3-Q^,gj.gggj.g ^q tj^g Commissioners of hio^hwavs of the town, 
who shall proceed to ascertain, estimate and assess the high- 
way labor and road tax to be performed and paid in their 
town the next ensuing year. 
Persons liable to §11, 1st. Every male inhabitant, being above the age 
fabor!"' ™'*^ of twcuty-one years and under the age of fifty, (excepting 
paupers, idiots, lunatics and such others as are exempt by 
law,) shall be assessed at least two days in each and every 
year. 
R«ai estate to be 2d. Tile Commissioners of highways shall assess a road 
taxed. ^ax on all real estate liable to taxation of the town, to any 

amount they may deem necessary, not exceeding twenty 
cents on each one hundred dollars' worth, as valued on the 
assessment roll of the previous year. 
Assessment list. 3d. They shall affix to the name of each person named in 
the lists so furnished by the overseers, the number of days 
assessed to each person for highway labor, and also a de- 
scription of each tract of land, and the uame of the owner, 
if known, with tlie valuation thereof, as taken from the as- 
sessment roll of the previous year, and the amount of road 
tax assessed thereon, in a separate column. The lists so 
prepared shall be subscribed by the commissioners and de- 
posited wijth the town clerk, to be filed in his office. 
O^PTofliat. ^ ^^- The commissioners shall direct the clerk of the 

town to make a copy of each list, and shall subscribe such 
copies ; after which they shall cause the several copies to 
be delivered to the respective overseers of highways of the 
geveral districts in which the highway labor is assessed : ojie 



67 1851. 

copy for each overseer shall contain the name and number 
of days assessed to each person, the other the land road tax. 

§ 13. The names of persons left out of any such list, and ^=^'"ies of pei - 
of new inhabitants, shall from time to time be added to the ''°''^°™' 
several lists, and they shall be rated by the overseers in the 
same proportion, to work on the highways, as others rated 
by the commissioners on such list, subject to an appeal to 
the commissioners. 

§ 14. It shall be the duty of the commissioners of high- C"'«'ii'^ /<^r ^f""'< 
ways of each town, to credit such persons as live on pri- loadsT'^* 
vate roads and work the same, so much on account of their 
assessment as such commissioners shall deem necessarj^ to 
work such private road, or to annex such private road to 
some of the highway districts. 

§ 15. The town clerk shall, within ten days after the Notices to i>e 
commissioners of highways have filed in his office the amount Pasted. 
of road tax assessed on the real estate of the town, post a 
notice on the outer door of the house where tlie town meet- 
ing was last held, stating the amount of road tax assessed 
on each one hundred dollars' worth of the real estate of the 
town, and that all persons interested can pay the same in 
labor on the highways, under the direction of the overseers 
of highways in the districts where the land is situated. 

ARTICLE TWENTY-THIRD. ' ' ' 

§ 1. It shall be the duty of overseers of highways to Notice to per 
Sfivc at le ist three days' notice to all persons assessed to ^°°1 ^^"'^^^^ ^'^ 

work on ro'K"^ 

work on the highways, and residing within the limits of their 
respective districts, of the time and place wlien and where 
they are to appear for that purpose, and with wiiat imple- 
ments; but no person being a resident of the town shall be 
required to work on any highway other than in the district 
in which he resides, except he resides in a district on a town 
line, which district belongs to an opposite town, and unless 
he shall elect to work in some district where he has any 
land ; and in such case he ma}-, with the approbation of the 
commissioners of highways, apply the work assessed in re- 
spect to such land in the district in which the same is situ- 
ated. 

§ 2, Every person liable to work on the highways shall Commutatiwi ff 
work the whole number of days for which he shall have '^"'^*^ ^=^'"'''- 
been assessed, but every such person, other than an over- 
seer of highways, may elect to commute for the same, or 
for some part thereof, at the rate of seventy-five cents per ' 

day ; in which case such commutation money shall be paid 
to the overseer of highways of the district in which the 
person commuting shall reside, to be applied and expended 
by such overseer in tlie improvement of the roads and 
bridges in the same district. 



1851. 



68 



Payment of § 3. Everv person intending); to commute forliis assess- 

money. ment, or any part thereor, snail, -svithin twenty-tour hours 

after he shall be notified to appear and work on the high- 
ways, pay the commutation money for the work required of 
him by such notice, and the commutation shall not be con- 
sidered as complete until such money be paid. 
Teams, Ac ,ni:iy § 4. Every overseer of highways shall have power to 
berequued. require a team or a cart, wagon or plough, with a pair of 
• • horses or oxen, and a man to manage them, from any per- 

son having the same within his district, who shall have been 
assessed two days or more, and who shall not have commu- 
ted for his assessment, and the person furnishing the same 
upon such requisition shall be entitled to a credit of two 
days for each day's service therewith. 
Substitutes. § 5. Every person assessed to work on the highways 

and warred to work, may appear in person or by an able- 
bodied man as a substitute, and the person or substitute so 
Eight hours to appearing shall actually work eight hours in each day, un- 
ooiistituteday s^gj. ^ penalty of twelve and a half cents for every hour 
such person or substitute shall be in default, to be im- 
posed as a fine on the person assessed. 

§ 6, If any such person or his substitute shall, after ap- 
pearing, remain idle or not work faithfully, or hinder others 
from working, such offender shall, for ever offence, forfeit 
the sum of one dollar. 

§ 7. Every person so assessed and duly notified, who 
f*;'^' °', '"*'^"'^'^^ shall not commute, and who shall refuse or neglect to ap- 
pear as above provided, shall forfeit for every day's refusal 
or neglect the sum of one dollar. If he was required to 
furnish a team, carriage, man or implements, and shall re- 
fuse or neglect to comply, he shall be fined as follows : 

1st. For wholly omitting to comply with such requisition, 
three dollars for each day. 

2d- For omitting to furnish a cart, wagon or plough, one 
dollar for each day. 

3d. For omitting to furnish a pair of horses or oxen, one 
dollar for each day. 

4th. For omittiufT to furnish a man to manage the team, 
one do'Ilar for each day. 

§ 8. It shall be the duty of every overseer of highways, 
within six days after any person so assessed and notified shall 
be guilty of any refusal or neglect, for which a penalty or 
fine is prescribed in this act, unless a satisfactory excuse 
shall be rendered to liim for such refusal or neglect, to make 
complaint, on oath, to one of th? justices of the peace of 
the town. 
Justice to issue § 9. Thejustice to whom such complaint shall be made, 
Bummons. shall forthwith issue a summons, directed to any constable 
of the town, requiring him to summon such delinquent to 
appear forthwith before such justice, at someplace, to be 



Penalty for ivll 
ness. 



Penalty fornef 



Complaint for 
neglect or re 
fusal. 



69 • 1851. 

specified in the summons, to show cause why he should not 

be fined according to law, for such refusal or neglect; which '^'-'"' ser^'^*'- 

summons shall be served personally, or by leaving a copy 

at his personal abode. 

§ 10. If, upon the return of such summons, no sufficient J^rot'su'nga on 

1 II 1 1 i j.t i J.1 ■ i* 1 11 • return of sum- 

cause shall be sliowu to the contrary, tlio justice shall im- i^^^is. 
pose fine as is provided in this act for the offence complained 
ol", and shall fortluvith issue a warrant, under liis hand and 
seal, directed to any constable of the town where such de- 
linquent shall reside, commanding him to levy such fine, 
with the costs of i)roceedings, of the goods and chattels of 
such delinquent. 

§ 11. The crnstable to whom such warrant shall be Ji- ^'^;^y "I'lonsfa- 
rected, sliall forthwith collect the moneys therein mention- 
ed. He shall pay t!ie fine, when collected, to the justice of 
the peace who issued the warrant, who is hereby required 
to pay the same to the overseer who entered the complaint, 
to be by him expended in improving the roads and bridges 
in the district of which he is overseer. 

§ 12. Every penalty collected for refusal or neglect to Tenaity, how 
appear and work on the highways, shall be set off against '^Pi' '^ 
his assessment upon which it was founded, estimating every 
dollar collected as a satisfaction for one day's work. 

§ 13. The acceptance by an overseer of any excuse for Acceptance of 
refusal or neglect, shall not, in any case, exempt the person re'iM^e'duty <>t' 
excused from commuting for or working the whole number roadiabo-. 
of days for which he shall have been assessed during the 
year. 

§ 14. Each and every overseer of highways shall beC^'mp'^nsationcf 
entitled to one dollar per day, to be paid out of fines and 
commutation money, t"or every day he is necesarily em- 
ployed in the execution of his duties as overseer, ijc-y^nd 
the amount of his own higliway labor and road tax — the 
number of days to be accounted to and audited by the com- 
missioners of highways : Provided, that when there is no 
funds from fines and commutations, the commissioners may "^^"'''" 
pay the overseers out of other funds in their hands, if they 
think proper. 

§ 15. It shall be the duty of the overseer of highways Kiad tnx on 
to warn all residents of his district, against whom a land l""a'in'"fjH!r^ 
road tax is assessed, giving them three clays' notice to work 
out the same upon the highways, and he shall receive such 
tax in labor from every able-bodied man, or his substitute, at 
the rite of seventj'-five cents per day, and any person or his 
agent may pay such tax in road labor at the rate of seven- 
ty-five cer.ts per da}^, or in that proportion, for a less 
amount : Provided, that any person may elect to pay such 
tax to the overseer in money. 

§ 16. It shall be the duty of the overseer of highways, ^■'>"™e"''"^*'^^ 
when such land tax lias been paid, either in money or labof, 



1861. 70 

to write the word "paid," distinctly, against each name or 
tract on his list on which the same lias been paid. 

Return of over- ^ 17. Every overseer of hiorhways shall deliver to the 
supervisor of his town, at least five days previous to the an- 
nual meeting of the board of supervisors, the list furnished 
by the commissioners of highways, containing the land road 
tax, with an affidavit thereon, sworn to before some justice 
of the peace of said town, that on all tracts of land on such 
list, opposite which the word "paid" is not written, such 
• tax is due and remains unpaid, according to the best of his 
belief and knowledge. 

Penalty for ne2;- § 18- If ^"J oversccr shall refuse or neglect such list 

''^et. to the supervisor, as provided in the last preceding section, 

or shall neglect or refuse to make the affidavit as therein 
directed, he shall, for every such offence, forfeit the sum of 
five dollars, and also the amount of tax or taxes remaining 
unpaid, to be recovered by the commissioners of highways 
of the town, and to be applied by them in improving the 
roads and bridges of such town. 

Dutyof supervi § ^^- It shall be the duty of the supervisors of the sev- 

tow sevcraUy eral towns to receive the list of the overseers of highways 
when delivered pursuant to the preceding section, and to 
lay the same before the supervisors of the county. 

i>utvof boardof § 2^* It siiall be the duty of the board of supervisors to 
^uporvisoss, causc the amount of such arrearages of road tax to be lev- 
ied on the lands so returned, and to be collected in the same 
manner that the contingent charges of the county are levied 
and collected, and to order the same when collected to be 
paid over to the commissioners of highways of the towns, to 
be by them applied to the construction of roads and 
bridges. 

Road labor, § 21. It shall be the duty of every overseer of high- 

doiie°'°'* ways, to have at least three fourths of the road labor asses- 
sed in his district worked out or actually expended on the 
highways previous to the first day of October in every 
year. 

As>e-!;(.rtomake § 22. Every oversccr of highways shall, on the second 

return. Tutsday ucxt preceding the time of holding the annual 

town meeting in his town, within the 3'ear for which he is 

elected or appointed, render to one of the commissioners of 

highways of the town an account in writing, containing — 

Form and order of List. 

N^'iture of re- Ist. The names of all persons assessed to work on the 
highways in the district of which he is overseer. 

2d. The names of all those who have actually worked on 
the highways, with the number of days they have actually 
worked. 



I, urn 



71 1851. 

3(1. The names of all those who have been fined, and the 
sums in which they have been fined. 

4th. The names of all those who have commuted, and 
the manner in which the moneys arising from fines and com- 
mutations have been expended by. him. 

5th. The amount of uncollected road tax which he has 
returneil to supervisor of the town, as required in section 
17 of this article. 

Pay over money. 

§ 23. Every such overseer shall, also, then and there Overseer to p^j 
pay to tlic cominis?iun rs all moneys remaining in his hands '^^'"" "''^'^^J'- 
unexpended, to be applied by the commissioners in making 
and improving the r.>ads and bridges in the town, in such 
manner as they shall direct. 

In case of rcfusaL &>'C. ' ' 

§ 24. If any overseer shall refuse or neglect to render penalty for re- 
such account, or if having rendered the same he shall re- f '■saiornegie<'«.. 
fuse or neglect to pay any balance which may then be due 
from him, he shall, for every such offence, forfeit the sum 
of five dollars, to be recovered, with the balance of the mo- 
neys remaining in his hands, by the commissioner of high- 
ways of the town, and to be applied in making and improv- 
ing tlie roads and bridges. It shall be the duty of the com- 
missioners to prosecute for such penalty, in every instance 
in which no return is made. 

ARTICLE TWENTY-FOURTH. .■ 

§ 1. The commissioners of highways may alter or dis- ^j^^^^^^.^^ ^^ 
continue any road, or lay out any new road, when petition- discontinuam* 
ed by any number of legal voters, not less than twelve, re- "f »0'i'is. 
siding within three miles of the road so to be altered, dis- 
continued or laid out. Said petition shall set forth in wri- 
ting a description of the road, and what pai-t thereof is to 
be altered or discontinued ; and if for anew road, the names 
of the owners of lands, if known, over which the road is to 
pass, the point at which it is to commence, its general 
course, and the place at or near where it is to terminate. 

5 2. Whenever any number of le^al voters determine Copy of notie.* 

•> . . , . • . /• 1 • T r ii 1 • *'*' "® posted. 

to petition the commissioners oi highways ior the alteration 
or discontinuance of any road, or laying out of any new 
road, they shall cause a copy of their petition to be posted up 
in three of the most public places in the town, twenty days 
before any action shall be had in reference to said petition. 

§ 3. Whenever the commissioners of hiMiways shall re- ^'loceedings of 

. ... , . • 1 1 i T commissioners. 

ceive a petition in compliance with the two preceding sec- 



1851. 



72 



tions,'they shall, or a majority of them, witliin ten days af- 
ter the expiration of the twenty days required in section 
two of this article, personally examine the proposed altera- 
tion, discontinuance or route for the new road proposed to 
be laid out, and shall hear any reasons that may be offered 
- for or against altering, discontinuing or laying out the same. 
If they shall be of opinion that such alteration, discontinu- 
ance or laying out shall be necessary and proper, and that the 
public interest will be promoted thereby, they shall grant 
the prayer of the petitioners as hereinafter provided. 
Slavey. § 4. Whenever tlie commissioners of highways shall de- 

termine to lay out any new road, or alter any old one, they 
shall cause a survey to be made by a competent surveyor, 
who shall make a report to them of such survey, accompa- 
nied with a plat, particularly describing the route by metes 
and bounds, courses and distances, and also the lands over 
which such road passes. Tliey shall incorporate such re- 
port and survey, accompanied with the plat, in an order, to 
• be signed by them, declaring such road so altered or laid 
out to be a public highway; whicli order, together with the 
petition, shall be deposited with the town clerk, who shall 
note the time of filing the same. In case the commission- 
ers shall determine not to alter, discontinue or lay out any 
roads in accordance with any petition to them presented, 
they shall note the fact on the back of said petition, andde- 
. posite it with the town clerk, who shall note the time of 
filing the same. 

§ 5. It shall be tlie duty of the town clerk, whenever 
any order of the commissioners for laying out, altering or 
discontinuing a road shall be received by him, to carefully 
file the same, and the time hereinafter limited for appealing 
from such order shall be computed from the time of filing 
the same, but the town clerk sliall not record such order 
until a final decision is made, and not then unless such order 
is confirmed. 

§ 6. The damages sus'ained by reason of the laying out, 
or opening, or altering any road may be ascertained by the 
agreement of the owners and the commissioners of high- 
ways, and unless such agreement be made or the owners of 
tlie land shall, in writing, release all claims to damages, the 
same shall be assessed in the manner hereinafter prescribed, 
before such road shall be opened, or worked, or used. Eve- 
ry agreement and release shall be filed in the town clerk's 
office, and shall forever preclude such owners of such lands 
from all further claim for such damages. In case the com- 
missioners and owners of land claiming damages cannot 
agree, it sliall be the duty of the commissioners to assess 
the damages at what they may deem just and right to each 
individual claimant with which they cannot agree, and de- 
posit a statement of the amount of damages so assessed to 



Thitj of town 
elerk. 



l>amages. 



73 1851. 

each inJividiial with the town clerk, who shall note the time 
of filing the same. 

It sliall he the duty of commissioners, in all cases of as- 
sessing" damao;es, to estimate the adv^antages and benefits 
the new road or alteration of an old one will confer on com- 
plainants for the same, as well as the disadvantages. 

§ 7. No damages shall be allowed by reason of the al- p.^nan-cF. wLtn 
teralion of any old road, unless such alteration or new road ""^ '|' ^^ ^^■ 
passes through enclosed, cultivated or improved lands : 
Provided^ that commissioners of highways may allow dam- Pio^'so. 
a':res, when in their opinion it is absolutely necessary so to 
lay out anew road, either diagonally across a lot of land, or 
in any way so as materially to injure the same. 

^ 8. Any person or persons, being owners of or agents Appeal?. 
for any tract of land over which any highway, altered, dis- 
continued or laid out, shall run, feeling themselves aggrieved 
by any order made by the commissioners of highways, may 
appeal from the same at any time within thirty days after 
the filing of such order in the town clerk's office. Such 
appeal shall note the time that such order was filed, and 
shall be made to three supervisors of the county, neither of 
which shall be a resident of the town in which said highway 
is situated. All persons who desire to make £n appeal from 
such order shall act in concert, and make their appeal to 
the same three supervisors. 

§ 9. Every such appeal shall be in writing, addressed to .M'xic of appwii. 
the supervisors, and signed by the party or parties appeal- 
ing. It shall briefly state the ground upon which it is made, 
and whether it is brought in relation to damages assessed by 
the commissioners of highways, or in relation to the alter- 
ation, discontinuance or laying out of the road, or whether 
it is brought to reverse entirely the determination of the 
commissioners, or only to reverse a part thereof; and in the 
latter case it shall specify what part. The appeal shall be 
left with one of the three supervisors, by the person or per- 
sons appealing, and such person or persons shall also leave 
a notice of such appeal with each of the other supervisors 
to whom the apjieal is made. 

§ 10. It sliall be duty of the supervisors to wh.om tlie I'l'^fccdir,": of 
appeal is made, as soon as may be convenient after the ex- '"P^'^'^'^" • 
piration of thirty days from the filing of the order in the 
town ch.'rk's office from which the appeal is made, to agree 
upon a time when and where they will meet to consider the 
same; which shall be at some place deemed convenient at or 
near the road to be examined. 

^^ 11. The person or persons making the apneal shall Notice of hcrr- 
cause a notice in writing, of the time and place agreed on '""" 
by tlie three supervisors when and where tliey will meet, to 
be served on each of the commissioners of highways from 
whose order they appealed, and also on at least three of the 



1851. 74 

petitioners who petitioned in relation to such road ; which 
notices shall be served at least eight da3S before the time 
mentioned therein, b}' delivering one to each commissioner, 
or leaving one at each of their dwelling houses, and in like 
manner shall the notices be served on each of the three pe- 
titioners. 
T-iai of appeal. ^ 12. It shall be the dut}' of supervisors to convene at 
the time and place mentioned in the notice, and to hear the 
proofs and allegations of the parties. The}' shall have pow- 
er to issue process, to compel the attendance of witnesses, 
and may adjourn from time to time, as may be necessary. 
Their decision, or that of any two of them, shall embrace 
the whole matter in controversy. They sliall first consider 
• the propriety and expediency of locating, altering or discon- 
tinuing the road ; secondly, the subject of damages, if such 
subject was embraced in the appeal under which they are 
acting, and they shall fix upon the amount of damages 
which, in tlieir judgment, is right and just to be paid to each 
person claiming, but no person shall be entitled to a re-as- 
sessment of damages unless his or her name appears in the 
appeal in reference to that subject. The supervisors shall 
be governed by the same, unless in assessing damages as is 
provided in section 6th of this article, for the government of 
commissioners of highways in such case. 
Cjmpen?at.ionof § 13. Every sucli Supervisor shall be entitled to receive 
wporvisors. Q^ie dollar and fifty cents for every day em.ployed in hearing 
and deciding such appeal, to be paid by the party appeal- 
ing, where the determination of the commissioners shall be 
affirmed; but where it is reversed, to be charged agaiiistthe 
town. 
Ajneaifroi d- ^ ^^' UpoH the refusal of the commissioners to alter, 
cision of com- discontinue or lay out any new road petitioned for as provi- 
iQissjoners. ^jgj -j^ section one of this article, any one of the petitioners 
may appeal from such determination, in the same manner, 
and subject to the same provisions and restrictions, as re- 
lates to persons who feel themselves aggrieved by a deter- 
mination of the commissioners to alter, discontinue or lay 
out a new road. 
rjuty of super- § 15. Where an appeal shall have been made from ade- 
visors. tt^rmination of the commissioners refusing to lay out, alter 

or discontinue a road, and the supervisors shall reverse 
such determination, such supervisors shall alter, discontinue 
or lay out the road applied for, as the case may be, and in 
doing so shall proceed in the same manner in which commis- 
sioners of highways are directed to proceed in the like 
cases. Such roads shall be opened by the commissioners 
of the town, in the same manner as if laid out by themselves. 
Proceedings, § 16. In case any one of the supervisors to whom such 

when supervi- application shall have been made, shall becom.e unable to at- 
tend, tend before the determination of such appeal, it shall be the 



75 1851. 

duty of the remaining supervisors named therein to associ- 
ate with themselves another ot' the supervisors of the same 
county, who shall act with them in all subsequent ])roct'ed- 
ings, in the same manner as if he had been originally named 
in such appeal. In case the term of office of any supervi- 
sor shall expire before the determination of sucli appeal, he 
shall continue to act in the premises the same as if he liad 
been re-elected. 

§ 17. The amount of damages as finally settled by the J^nmagos, how 
three supervisors, or as agreed on by the commissioners of ^'"^ ' 
highways, together with all charges of officers and other 
persons employed in laying out, altering or discontinuing 
any road, shall be rendered by the commissionei's of higli- 
ways to the board of town auditoi's, v.dth the amount of 
damages and charges due each individual ; which accounts 
shall be audited by said board, certified to and deposited 
with the town clerk. The town clerk shall make out the 
aggregate amount of such damages and cliarges, with his cer- 
tificate thereto attached, and deliver the same to the su])ervi- 
sor of the town, previous to the annual meeting of the board 
of supervisors. 

§ 18. After a final decision by any three supervisors to Pioccedin^^a 
whom any road difficulty lias been appealed, if in the opin- an'7iUm'rd to* 
ion of the supervisor, town c^erk, the justices of the peace, ljisi>- 
and the commissioners of highways, or any five of them, the 
damages are manifestly too high, and that in providing for 
the payment thereof an oppressive tax will have to be levied 
on the property of said town, they may petition the board 
of supervisors, at any meeting of said board held within six 
months after such decision for relief, either from the whole 
or a part of the damages. The board shall hear the reasons 
for and against fjranting such relief, and if a majority of them 
shall be of opinion that the town should I e relieved from the 
whole amount of damages, then and in that case the open- 
ing of said road shall be postponed until the damages, or a 
major part thereof, are in some other way provided for than 
by levying a tax upon the property of the town. 

6 19. When the commissioners of highways of any town P'oceeciinjTs 

1 11 T •*! il • • ±- ii i p when comrrip- 

shall disagree with the commissioners ot any otlier town or sioners of cMf- 
thesame county, relating to the laying out of a new road, or ^^rent town^ 
the alteration of an old road, extenduig into both towns, or ' ''^^ 
when the commissioners ofa town in one county shall disagree 
with the commissioners of a town in another county, I'ela- 
tive to the laying out of a new road, or altering an old road, 
which shall extend into both counties, the commissioners of 
both towns shall meet togetlier, at the request of either dis- 
agreeing commissioner, and make t'leir determination upon 
such subject of disagreement. 

§ 2[). Whenever the commissioners of higliways of any 
town receive a petition, prayirig the location of a new road. 



1851. 



76 



Discontinnanec 
or alteration of 
roads on town 
line. 



Rf>ad districts. 



AUotmeut of 
districts. 



Allotment of 
the roads. 



Time for remo 
val of fences. 



In eases of iip- 
pea!. 



alteration or discontinuing of an old one, upon the line be- 
tween two towns, such road shall be laid out, altered or dis- 
continued by two or more of the commissioners of highways 
of each of said towns, either upon such line or as near there- 
to as the convenience of tlie ground will admit, and they 
may so vary tlie same, either to the one or the other side of 
of such line, as they may think proper, 

§ 21. It shall be the duty of the said commissioners, when 
there may be such highway, to divide it into two or more 
road districts, in such manner th.at the labor and expense of 
opening, working and keeping in repair such highway, 
through each of the said districts, may be equal, as near as 
may be, and to allot an equal number of the said districts to 
each of the said towns. 

§ 22. Each district shall be considered as wholly be- 
longing to the tov%"n to which it shall be allotted for the ])ui- 
pose of opening and improving the road, and keeping it in 
repair, and the commissioners shall cause such highway, and 
the partition and allotment thereof, to be recorded in the 
office of town clerk, in each of their respective towns. 

§ 23. All highways heretofore laid out upon the line be- 
tween any two towns, shall be divided, allotted, recorded 
and kept in repair in the manner above directed. 

§ 24. Whenever the commissioners of highways shall 
have laid out any public highway thr >ugh any enclosed, cul- 
tivated or improved lands, in conformity with the provisions 
of this act, and their determination sliall not have been ap- 
pealed from, they shall give the owner or occupant of the 
land th ough wliich such road shall have been laid, sixty 
day's notice, in writing, to remove his fences. If such own- 
er does not remove his fences within sixty days, the com- 
missioners shall cause such fences to be removed, and sliall 
direct the road to be opened and worked. 

^ 25. If the determination of tlie commissioners shall 
have been appealed from, then the sixty days' notice shall 
be given after the decision of the supervisors upon such ap- 
peal shall have been filed in the office of the town clerk of 
tlie town. 



Public I'oadr. 



Private roads. 



Public roads and j^iblic highways. 

§ 26. The public roads now existing by law are declar- 
ed the public highways of the town in which they shall lay. 

§ 27. Any person liable to be assessed for road labor, 
may apply to the commissioners of highways to lay out a 
private road, and the commissioner shall proceed to ex- 
amine into the merits ot such application, and be governed 
in their proceedings by the rules and regulations jirescrib- 
ed in this act, in relation to public roads. The damages as- 



77 1851. 

sessed, in consequence of the la3ing out of sucli private 
road, shall be paid by the person apjilying for the same. 

§ 28. Whenever the commissioners of higliways sIiall^^'^petitioD "f 
have laid out any public highway through any enclosed, cul- 
tivated or improved lands, in conformity to the provisions 
of this act, and their determination sliall not have been ap- 
pealed from, they shall give the owner or occupant of the 
lands through which such road shall have been laid sixty 
days' notice, in writing, to remove his fences. If such 
owner shall not remove his fences within sixty days, the 
commissioner shall cause such fences to be removed, and 
shall direct the road to be opened and worked. 

§ 29. All public roads to belaid out by the commission- Width of rojids 
crs of highways of any town- shall not be less than four 
rods wide, and all ])rivate roads shall not be more than three 
rods wide. 

§ 3r. Every private road, when laid out, shall be forl'iivpte roMh, 
the use of the applicant applying for t!ie same, his heirs and 
assigns, but not to be converted to any other use or purpose 
than that of a road. 

§ 31. The public roads now existing by law, are de- Repetition of 
clared the public highways of the town in which such roads s^-'^—e. 
sliall lay, and this act shall not be construed as conferring '^'™^';;^^^^^^ 
any power, on commissioners of highways to alter state or to aitcrt^tatu 
roads now or hereaftei' existing by law. '"'' ''■ 

ARTICLE TWENTY-FIFTH. ■' ■ , 

Miscellaneous Provisions. '■ ' ■ . 

§ 1. Each town acting under township organization Towns to i.e e- 
sliall constitute an election pi'ecinct, and the supervisor, lotion prc- 
assessor and collector shall be e^v oj/lcio judges of elections. 
The supervisor, or, in case of his absence, the town clerk, 
shall post up notices af general elections, in like manner as 
is now i-equired of sherifis and county clerks, under the 
general law\s of this state. 

5 2. The county iudce, sittinfj as a countv court, with- C'>mntyjud^'e to 
out associates, m counties acting under townsliip organiza- (j^,„ ^t' suits 
tion, sliall have the same jurisdiction of suits brought by brought by cgi 
collectors for taxes on delinquent lands and town lots as the 
county courts have under existing laws, and all acts of 
county courts, heretofore done in suits for taxes on delin- 
quent lands and town lots, are hereby legalized. 

§ 3. The several wards in the city of Chicago shall be Each ward iu 
entitled to elect one supervisor in each w^ard, in addition to Chicago to eieci 

, , . . r ' _ a supervisor. 

the townsliip supervisors, and the several supervisors so 
elected sliall be members of the board of supervisors of 
Cook county, and shall have, possess and enjoy all the rights, 
powers aiid privileges that are now or hereafter shall be pes- 



1851. 78 

sessed and enjoyed by the several .township supervisors, 
when voting as a county court. The election for such super- 
visois to be held at tlu; same time and in the same manner 
as the election for township supervisors. 
Question of § 4. Upon the petition of fifty legal voters of any coun- 

ganisfation ^^' ^Y ^^^tiug under townsliip organization, it shall be the duty 



ganization, .<_ o i o ' _ _ _ j/ 

when to be sub- of tuc county cleik, upon the filing of such petition with 
v6o\^e ^^ ^'^'^him, to cause notices to be posted up in three of the most 
public places in each town of such county, at least twen- 
ty days previous to the next annual town meeting, that the 
question of township organization, under this act, will be 
voted upon. At such meeting said vote shall be taken by 
ballot, to be written or printed, or partly written and partly 
printed: " For township organization," or " Against town- 
sliip organization," and shall be canvassed and returned in 
like manner as votes for state and county officers. 

Abolition of ^ 5. If it shall aj)pear by the returns of said election, 

^rj\t.l}\^^' that a maiority of all voters voting at such election have 
voted agauist townsliip organization, then the county so vo- 
ting shall cease to act under such organization, from and 
after the election and qualification of such county officers, 
as are provided for in such counties as have never adopted 
township organization, 

Biection of co. § 6. At the next general election after the voters of any 
officers. such county have determined against township organization, 

there shall be an election for all the officers required by law^ 
in counties that have never adopted township organization, 
except such officers as may have been previously elected, 
and are entitled to hold over; and notice of such election 
shall be given as is now provided by law. 

Daty of secreta- ^ 7. H shall be the duty of the secretary of state to 
r/o sai. cause to be printed, immediately on the adjournment of the 
general assembly*, three thousand copies of this act, and shall 
cause the same to be forwarded to the county clerks of the 
several counties acting under township organization, to be 
by them distributed amongst the several towns in said coun- 
ties. 

A.8t repealed. § 8. An act entitled " An act to provide for township 
and county organization under which any county may or- 
ganize whenever a majority of voters of such county, at any 
general election, shall so determine," is hereby repealed, but 
no rights accrued or liabilities incurred under said act shall 
be affected hereby. 

Vhis act appii- § 9. This act shall be applicable to counties or town- 
oriWc to town- g| I heretofore organized, as fully as to those that maybe 

snips ntreto- 1 _ is ' rr ^ r i r a -i 

fore organized, organized hereafter, and take eirect on the first day oi April 
next. 

Approved February 17, 1851. 



79 1851. 

AN ACr autherlzins; the cminty court of \''ermiIion county to audit tho account of In I'orcp Feb. 1 1 , 
llinuu Hickman, cx-colloutor of said county. ISjl. 

Section I. Be it enacted bij the people of the State of Ao^fnrit uf ni- 
Illinuis, represented in the Qeueral Jisscnihly^ Tliat the to'llo audiVcX" 
county court of Vermilion county is hereby authorized and 
required to audit the account of Hiram Hickman, late col- 
lector of" said county, and make him such allowances ibr er- 
rors, double assessments of property and insolvencies as 
may seem just and right. 

§ 2. Upon an allowance being made as aforesaid, theCicrk.-iaiiuit'- 
clerk of said court, under the seal of the court shall, certi- ^^' *", ^''? "' 

1 T 1 r- • 1 11 mount aud na- 

ly to the auditor the amount and nature ot said allowance ture cf aiiou- 
as is now required by law. ""^■'^' 

§ 3. In case the board of supervisors of said county wiicn boani of 
shall ortjanize before the said county court shall audit said ■"^r''ny,"Tt 
account, the said board of supervisors shall audit said ac- 
count, and make the allowances as aforesaid. 

§ 4. This act to take effect and be in force from and af- J uty of audiur. 
ter its passage, and the auditor shall furnish the clerk of 
said court with a copy of this act. 

Approved February 11, 1851. 



AN ACT to lop:alize an election thenin naujcd. Info^c FcU. I' 

186]. 

Section 1. Be it enacted by the people of the State o/" ].:ie(t:on ic;;)! 
Illinois., represented^ in the General Jissenibbj^ That an ''■^^• 
election held in the town of Pekin, in Tazewell county, on the 
twenty-sixth day of November, one tliousand eight liundred 
and fifty, for the election of one justice of the peace and a 
collector, be and the same is hereby legalized, and James 
Harriott is hereby declared duly elected justice of the peace 
for said town and county, and shall hold his said office un- 
til tlie term thereof expires under the laws of this state, and 
until his successor shall he duly elected and qualified; and ^^fi^^' i<ii -cfs '• 
all the official acts of said justice heietofoie done, or here- ^" ''■" ■ 
after to be done, are hereby declared to be as legal and 
binding as if no informalities had occurred in the call made 
for said election ; and William Standberry, jr., is hereby de- 
clared duly elected collector of said town of Pekin, and 
shall hold his said office until the next annual town meeting 
iu said town, and until his success( r shall he elected and 
qualified. 

§ 2, The time for said collector to make his collections ^oiiecCoi re 
and returns is hereby continued until the fifteenth day of *"'^'''' 
March next. 



1851. 80 

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

Approved February 11, 1831. 



1 n for -e Fel». 12, AN A^T to a a3;rl t'.i3 i-jjordlnT laws of this state. 

1S51. 

Penal y for neg- Section 1. Be it enacted by the people of the State of 
i^erks '^"'■^ ^'*' I^^^nois, rejjresented in the General Jissemhly^ That any 
clerk of the circuit C3urt of any county in this state, being 
recorder of deeds, who siiall fail or neglect to perform any 
of the duties required to be performed by the seventh sec- 
tion of chapter eiglity-seven of the Revised Statutes, enti- 
tled " Records and Recorders," or who shall fail or neglect 
to perform any of the duties required by the first section of 
the act amendatory of said above recited chapter, approv- 
ed March 1, 1847, shall, for any such failure or neglect, 
forfeit and pay the sum of five dollars, with costs, recover- 
able by action of debt, before any justice of the peace of 
the proper county, in the name and for the use of any per- 
son who will sue for the same. 
Keoricrto § 2. That wlicuever any recorder, heretofore in office, 

loako iniosas. jjg^^ neglected to keep up said indexes, it shall be the duty 
of the recorder now in office to make and complete said in- 
dexes mentioned in the preceding section, for which he 
shall receive a compensation of five cents for each tract of 
land embraced in the deed, mortgage or other instruments, 
Proviso. to be paid out of tlie county treasury : Provided, that after 

said indexes are completed, no compensation shall be allow- 
ed to said recorders lor keeping up said indexes. 

§ 3. All laws in conflict wit!i the provisions of this act 
are hereby repealed, and this act to take effect and be in 
force from and after its passage. 
Approved February 12, 1851. 



T f . TT.1 19 AN ACT to authorize tLc county of Menard to transcribe records of Sangamon couiitj. 
1S51. 

Section 1. Be it enacted by the people of the State of 
transcribed. ^Illinois, represented in the General Assembly^ That the 
county court of the county of Menard is hereby authorized 
and empowered, at any regular term thereof, to direct and 
authorize the clerk of the circuit court and ex officio r&cox- 
der of Menard county to transcribe from the re cords of the 
county of Sangamon, all deeds, title papers, certiticates, p»- 



81 1851. 

tents, town-plats and all other writings on record in the re- 
corder's office of said couniy of Sangamon, appertaining 
to lands lying in the county of Menard. 

§ 2. The said clerk shall, before entering upon the du-C'«i-ij^ to tak« 
tics enjoined by this act, take and subscribe an oath or af- 
firmation, carefully and faithfully to perform the same ; 
which oath or affirmation may be administered and certi- 
fied to the said court by any justice in said county, and shall 
also give bond in such sum as said court may determine, 
with good and sufficient security. 

§ 3. It shall be the duty of said county court of said^^iauk books t.> 
county of Menard, as soon as may be convenient thereaf- '^ P*°^' "• 
ter, to provide a sufficient number of suitable blank books, 
substantially bound, for the purpose contemplated in this act. ^„ , 

, , X •' 111 1 1 1111 IT J Clerk to make 

§ 4. As soon as such book or books snail bo dehverea certifii'au-. 
to tlie aforesaid clerk and ex oj/lcio recorder, he shall pro- 
ceed to the office of the recorder of Sangamon county, and 
shall, from the books in said office, make 6ut and record, in 
a fair and legible manner, in the book or books furnished 
him, all records contemplited by the foregoing provision of 
this act, and shall certify, at the end of each volume, that 
the deeds, certificates, title papers and all other writings 
contained therein, are true and correct copies from the re- 
cords of the county of Sangamon. When the said clerk shall 
have finished transcribing the records contemplated by this 
act, he shall also certify that these books (naming or num- 
bering them) contain all the records appertaining to real 
estate lying in the county of Menard, and on record in the 
recorder's office of Sangamon county. 

§ 5. It shall be the duty of the recorder of the county l'"<yf'fi'ecoriier 
of Sangamon, to permit the said clerk of Menard circuit ^ '-"ngam'^n- 
court, and ex officio recorder, to make transcripts of all and 
every record required by the provisions of this act, and, 
for that purpose, to use tlie books in which such instruments 
may be recorded, free of charge. 

^ 6. When the records made by authority of this act are Certified copies 
completed, in the manner contemplated herein, and depos- t« ^f evKicm-e. 
ited in the recorder's office of Menard county, certified 
copies of the same-, made by the recorder of Menard coun- 
ty, shall be evidence in all courts and places, and with the 
same effect as if made by the recorder of Sangamon county. 

§ 7. The said clerk and ex officio recorder of Menard ''"'"^'"•''''*''^*'- 
county shall be allowed for his services, required to be em- 
ployed in this act, the same fees now allowed by law for re- 
cording deeds, mortgages, and other instruments in writing, 
to be paid out of the county treasury of Menard county. 

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

Approved February 12, 1851. 



1851. 82 

In force Feb. 12, AN ACT to ot^tablisli the Fourteecth and Fifteenth Judicial Circuit*, end for other 
1861. purposes. 

Fourteenth cir- Section 1. Be it enacted hy the people of the State of 
Illinois, reprefiented in the General Assernbly^ That the 
counties of Jo Daviess, Stephenson and Winnebago shall 
compose a judicial circuit, to be called the fourteenth judi- 
cial circuit, and that the circuit courts shall be holden at 
the respective county seats of the said counties, at the times 
following, to wit : In the county of Jo Daviess, on the se- 
cond Monday in March, on the second Monday in May, on 
tlie fourth Monday in August, and on the fourth Monday in 
November ; in the county of wStephenson, on the first Mon- 
day in April, on the second Monday in September, and on 
the second Monday in November; in the county of Winne- 
bago, on the fourth Monday in April, on the fourth Monday 
in September, and on the third Monday in November, in 
each and every year. 
Fifteenth .lir- ^ 2. tMnd be it further enacted. That tJie counties of Ad- 
ams, Hancock, Henderson and Mercer shall hereafter com- 
pose a judicial circuit, to be called the fifteenth judicial cir- 
cuit. The courts of the fifteenth judicial circuit sfiall be 
held at the county seats of the respective counties, as fol- 
lows, to wit: At the county of Hancock, on the first Mon- 
days of March, June and October; in the county of Ad- 
ams, on the third Monday in Marcli, June and October; in 
the county of Henderson, on the third Monday of April and 
September; and in the county of Mercer, on the first Mon- 
day in May and September. 
Election, when § 3. There shall be an election holden in the respective 
houicn. counties composing the said fourteenth and fifteenth judi- 

cial circuits, on the first Monday of May next, for the elec- 
tion of circuit judges and state's attorneys of said circuits; 
which election shall, be conducted, and returns thereof made 
and canvassed, in the manner provided by the- constitution 
and laws of this state. Said judges and state's attorneys, 
when elected, commissioned and qualified, shall hold their 
offices until the next general election of judges and state's 
attorneys, as provided by the constitution, and until their 
successors are elected and qualified. 
Notices of. § 4. It shall be the duty of the secretary of state to 

cause a certified copy of this act to be immediately trans- 
mitted to each of the clerks of the circuit and county courts 
of said counties ; and the clerks of the county courts of 
said counties shall issue notices for said election to the sher- 
iffs thereof, respectively, notifying the electors of said elec- 
tions ; which notices shall be posted up by them in the sev- 
eral towns or precincts, in the like manner as provided bj 
the constitution and laws of this state for holding general 
elections therein. 



83 1851. 

§ 5. The said circuit judges and state's attorneys, when P^^^efs- 
elected, shall exercise all the powers, perform all the du- 
ties, and have all the jurisdiction and authority now had 
or hereafter to be required of or exercised by circuit judges 
and state's attorneys in this state, under the constitution and 
laws thereof, and shall receive the same compensation as 
other judges and state's attorneys are entitled to receive by 
the constitution and laws. 

§ 6. The judges and state's attorneys, now having ju-"^"*1k<^' inJ «'- 
risdiction and exercising authority within said circuits, as ^""'^^^^• 
above established, shall hold and exercise such jurisdiction 
and authority until the judges and state's attorneys in this 
act provided for shall have been elected, commissioned and 
qualified. 

§ 7. The counties of Henry and Rock Island are here- iionry and Rook 
by added to and made a part of the sixth judicial circuit; transtcrr"i"''^* 
and the circuit court of the several counties composing 
the sixth judicial circuit shall be holden at the county seats 
of the respective counties, at the times following, to wit : 
In the county of Ogle, ontlie second Monday in March and 
fourth Monday of August; in the county of Lee, on the ^'^ixtb circuit. 
fourth Monday in March and second Monday in Septem- 
ber ; in the county of Carroll, on the second Monday in 
April and fourth Monday in September ; in the county of 
Whiteside, on the third Monday in April and first Monday 
in October ; in the county of Henr}', on the iirst Monday 
in May and third Monday in October ; and in the county 
of Rock Island, on the second Monday in May and first 
Monday in November, in eacii and every year. 

§ 8. ^nd he it further enacted. That the lifth judicial i'^"^"^'"'*'"- 
circuit of this state shall hereaiter be composed of the 
counties of Pike, Brown, Schuyler, McDonough, Cass and 
Mason. T!ie spring terms of the said circuit shall be held 
as follows : In the county of Pike, on the third Monday in 
March ; in the county of Brown, on the second Monday in 
April ; in the county of McDonough, on the third Monday 
in April ; in the county of Schuyler, on the fourth Monday 
in April ; in tlie county of Cass, on tlie first Monday in 
May, and in the county of Mason on the second Monday 
in ]May. The fall terms of the said circuit shall be held in 
the county of Mason, on the first Monday in September; in 
the county of Cass, on the second Monday in September ; 
in the county of Schuyler, on the tiiird Monday in Septem- 
ber ; in the county of Pike, on the first Monday in October ; 
in the county of Brown, on the fourth Monday in October; 
and in the county of McDonough, on the first Monday in 
November. 

§ 9. All writs, subpoenas and other process which may Process. 
have been or may be issued out of and made returnable to 
the terms of the circuit courts as heretofore required by 



1851. 84 

law to be nolden in the counties composing said fourteenth 
and fifteenth judicial circuits, or in the counties composing 
the sixth judicial circuit, as by this act constituted, shall be 
deemed and taken to be returnable to said terms of the 
courts as required to be holden under this act ; and all no- 
tices which may have been given, either by publication, or 
otherwise, with reference to the terms as heretofore required 
to be holden, shall, by force of this act, refer to tiie terms of 
court as required to be held ; and all proceedings pending 
in said courts, shall be taken up and disposed of as if no al- 
teration had been made in the terms of holding said courts. 

§ 10. That the counties of Peoria, Fulton, Knox, War- 
ren and Stark, shall remain the tenth judicial circuit, retain- 
ing the same judge and prosecuting attorney as heretofore, 
and that the terms of holding courts in said counties be as 
follows : In the county of Peoria, on the first Monday in 
Marcli, the second Monday in May, the third Monday in 
August and the second Monday in November ; in the coun- 
ty of Fulton, on the third Monday in March, on the first 
Monday in August and on the first Monday in November; 
in the county of Knox, on the second Monday in April and 
the second Monday in September ; in the county of War- 
ren, on the third Monday in April and on the third Monday 
in September; in the county of Stark, on the fourth Mon- 
day in April and fourth Monday in September, in each and 
every year. And all writs and process which may have been 
or may be issued and made returnable to the terms of court 
in said counties, as heretofore required to be holden, shall be 
deemed and taken to be returnable to said terms of courts 
as required to be holden under this act. And all notices 
which may have been given, either by publication or othei - 
wise, witli reference to the terms as heretofore required to 
be holden, shall, by force of this act, refer to the ternis (>i 
court as herein required to be held. And all proceedings 
pending in said courts shall be taken up and disposed of a? 
if no alteration had been made in the terms of holding said 
courts. 

§ 1 1. This act to take efi'ect and be in force from and af- 
ter its passage. 

Approved Feb. 12, 1851. 



In force Feb. 12, KN ACT to authorize the county court of Monroe county to Tx>n-ow money and letvy 
1351 _ and collect a special tax. 

Lianauthori- Section 1. Be it enacted by the people of the State oj 

■''^'' Illincis, represented in the General .Assembly, That the 

county court of Monroe county be and is hereby authorized 



85 1851. 

to borrow any sum of money, not exceeding ten tliousand 
dollars, at any rate of interest, not exceeding ten per cent, 
interest, to be agreed upon, for the purpose of erecting a 
court-house in said county. 

§ 2. The said county court, for the purpose of paying County court 
t!ie interest upon such loan, and reimbursing the principal, ^^^T ^^'-• 
are hereby authorized to levy and collect a sj)ecial tax upon 
the property in said county, to be denominated the court- 
house tax, which shall be faififully a{)plied to the extinguish- 
ment of the debt created as above. 

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

Approved February \2, 1851. 



AN ACT to L";rau/.e the acts of the justii-os of the peace of Scbuyler countv. ^" f"'-"''"'--" I"'-''- 12, 

Section 1. Be it enacted by the people of the State of J mticcs of the 
Illinois^ represented in the General Assembly, That each 'aiijj '" '" *■" 
and all the acts, ministerial and judicial, of the several jus- 
tices of the peace now holding commissions as such justi- 
ces in and for the county of Schuyler, in this state, and 
which are otherwise in accordance with the constitution and 
laws of this state, are hereby legalized and declared to be 
binding and valid, any irregularity in their election and 
qualification to the contrary notwithstanding. 

§ 2. That each and all such justices of the peace are i>:n:i oi oiEcc. 
hereby declared to be regular acting justices of tlie peace, 
in and for said county of Scituyler, to hold their offices, re- 
spectively, until the next regular election under the laws of 
thi^ state for such officers, and until their successors are 
elected and qualified, and tlieir action as sirch justices shall 
be binding and valid, any irregularity in their election to the 
contrary notwithstanding. • 

§ 3. This act to be in force from and after its passage. 
' Approved Feb'y 12,1851. , ' ' ■ . ■ . ; • 



AN ACT to amend cbapter 2jof the Revised Statutes, entitled " Cori)orat'.on.~." la Ioicl- Vc\>. I.Tj 

Section 1. Be it enacted by the j^eople of the State f/ \.^„,j. „(■ „(,.„]p.' 
Jllii^ois, represented in t/.e G cneral Jissembly ^ That any five my or semina 
or more persons, being desirous of associating themsehes 'J '" ^^c nicu. 
together, for the purpose of forming an academy or semin- 
ary of learning in their neigiiborhood, may malc^', sign and 



1851. 86 

acknowledge, before any officer authorized to take tlie ac- 
knowledgment of deeds in this state, and file in the office of 
the secretary of state, and also in the office of the recorder 
of the county in which said institution is to be established, 
a certificate, or declaration, in writing, in whicii shall be 
stated the name or title by which said institution shall be 
known in law, the number of trustees, and, as far as practi- 
cable, the principal branches of literature and science pro- 
posed to be taught. 

Trujtpes, tr. ba § 2. It shall be lawful for the persons associated togeth- 
deoteti, and gj. ^^^ ^j^^ purposes named in the preceding section, or a 
majority of them, to meet at some public place in the neigh- 
borhood of the intended academy or seminary of learning, 
after giving ten days' notice thereof, by advertisements set 
up at three public places in the vicinity, or by notice in some 
public newspaper printed in the county, and then and there 
])roceed to the election of not less than five nor more than 
seven trustees. 

Cleric '^certifi- § 3. 'The clerks wiio may have acted as such at the 
c ate to hi lo- giggj-^Qjj q|- gj^^j trustees, shall, within ten days thereafter, 
deposit in the reccrder's office of the county in which said 
institution is to be established, a certificate of the election 
of said trustees, which shall be immediately recorded in 
some book in which deeds are recorded. And as soon as 
the clerk of such election shall deposit with the recorder of 
the county as aforesaid a certificate of said election, sta- 
ting therein the name of the association, and for what object 
Ibrmed, and the names of the trustees elected, then and 
from that time the said trustees and their successors in of- 
iice sliall be created and remain a body corp:>rate and poli- 

Corpjiation. ^•g_^ ^^^ jj^ ^}j^, name and ityle assumed by them shall re- 
main in perpetual succession, with power to sue and be 
sued ; to plead and be impleaded ;• to acquire, hold and 
convey property, real and personal; to have and to use a 
common seal ; to alter the same at pleasure ; to make and 
alter from time to time such by-laws as they may deem ne- 
cessary for the government and regulation of such acade- 
my or seminary of learning, its officers, servants and pro- 
perty. 

Sections 28. 29, § '4. Sections 28, 29, 30, 31 and 32 of the act to which 

<te.,tobewith- , . . , v i i i j j. i i- /- 

ont force or ef- tnis IS an amcnament, are nereoy (ucJaredto be o! no lorce 
^*^'- and effect as to all incorporations formed after the passage 

of this act, and the remaining sections of the second divi- 
sion of the chapter to wliich this is an amendment shall ap- 
ply to all the corporations formed under the provisions of 
Proviso. this act : Provided, that in all corporations so formed, eacii 

stockholder shall be entitled to one vote ibr each share of 
stock held. 

§ 5. It shall be the duty of the trustees of any institu- 
tion created under this act, or a majority of them, on or be- 



87 1851. 

fore the first Monda}- of January in each year, to file in tlieS;'j'}|Jj|!;||| ;;[ ';|^ 
office of the secretary of state, and in tlie recorder's office'ruej. 
of thL3 county where the original certificate is filed, a state- 
ment of the trustees and officers of said institution, with an 
inventory of its property and liabilities, the number of stu- 
dents, and such other information as will exliibit its condi- 
tion and operations. 

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

Approved February 13, 1851.' ' ■ • ' : = 



AN ACT to amend an act entit'ietl " An act granting cort^iin pre-eaiptions tlicrfiii In force Fel>. IS, 
named/' approved February 12^ ISi'J. 1S51. 

Skction 1. Be it cnacled hi/ the j)euplc of the Slate of -p.^.^^^yx^,^ 
It/iiwh, represented in, the General JJssernl)lu, That a light -iiiiit<!«i 

.•11 ^ a\ • 1 1 i ] . T-i •'> liobi'it ble- 

pre-emption right be and the same is hereby granted to Ko- vcn^^. 
bert Stevens, his heirs, assigns and legal representatives, to 
purchase from the state of Illinois, at the appraised value, 
the west half of the nortli-east quarter of section eleven 
(11,) in township thirty-five (35) north, of range ten (10) 
east, in Will county, in said state. 

§ 2- All the provisions and restrictions of the act to Restriction?. 
which this is an araendment, applicable to the pre-empt-'on 
in said act granted to said Robert Stevens, are hereby de- 
clared applicable to this act. 

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

Approved February 13, 1851. 



AX ACT to confirm the duinirs of the county commissioners' conrt of Cook county, in i„ ^.j.^ , yp^, ]-^ 
relation to the iis» of a public road by the Chicago South-western Plank Road com- \lib\. 

pany, and to amend the charter of said company. 

Section 1. Be it enacted hy the people of the State of Acts o^ countr 
lUiiiois, represented in the General .Assembly, That the "^^l^";::, 
actings and doings of the county commissioners' court of plank road 
Cook county, authorizing the Chicago South-western Plank ^'^finned. 
Road company to have and to use the public road in Cook 
county, commencing at Chicago, to the west line of Cook 
county, and granting the riglit of way over the same to the 
said company, to enable them to lay jilank thereon, and re- 
ceive tolls from persons travelling over or on the same, as 
specified in their cliarter, be and the same is hereby ap- 
proved and confirmed. 



1851. 88 

Fuiuirf, how eoi- ^s 2. That all moneys called for by the Chicago South- 
vnu '^'" ^^'" western Plank Road company, as instalments upon stock, 
and all moneys collected as tolls upon its said road, and oth- 
er fane's of the company, shall be paid over to the treasur- 
er thereof, and by liini safely kept, and paid out, only upon 
the order of the president, and countersigned by the secre- 
Pre -ill nt anil tary, and it shall be the duty of the president and secreta- 
secretary to i~^- py {q draw their orders upon the treasurer for such amounts, 

sue orders. J i i/>n iiic 

and to such persons, as the board of directors shall, from 
time to time, determine and order; and no order shall be 
drawn from the treasury except upon such orders as are 
authorized by the board of directors. 
Approved February 13, 1851. 



In f'orcL> Feb. 14, AN ACT to provide for tlie funding of certain bonds therein named. 

1851. 

Taiiai bonds de- Si-XTioN 1. Be zf eiiactiid hy the j)eoph of the State of 
improVem"uT^ 7//m6'^5, re])resented in the GeneralJlssemhly, That so many 

' bonds, of the canal bonds handed or paid over by t!ie governor of 

this state to the fund commissioner, and by him applied to 
the completion of the Northern Cross railroad, from Jack- 
sonville to Springfield, in pursuance of an act entitled "An 
act to provide for the completion of that part of the North- 
ern Cross railroad from Springfield to Jacksonville, and for 
other purposes," approved February twenty-sixth, one 
thousand eight hundred and forty-one, as are now outstand- 
ing, shall be deemed and considered internal improvement 
bonds. 

Bon Is to be fun- § "2. The governor is hereby authorized and required to 
^'-'''- receive said bonds when they shall be presented, and fund 

the same, in pursuance of tlic provisions of the act entitled 
" An act to authorize the refunding of the state debt," ap- 
proved February twenty-eight, one thousand eight hundred 
and forty-seven; and all the provisions of said last men- 
tioned act are hereby made applicable to said bonds. 

obtain stock- ^ 3. Nothing in this act contained shall be so construed 
bereUevfMi' ° ^^ ^o relieve the stockholders in the Sangamon and Morgan 
from payment railroad from the payment of tlie excess of the earnings of 

of excess. • i i i i • i. 

said road, over and above six per centum per annum, upon 
the cost of purchase and repair of said road, toward the in- 
terest of the uncancelled canal bonds used for the comple- 
tion of said road, (including the bonds issued under the 
provisions of this act,) agreeably to the tenth section of an 
act entitled "An act to provide for the sale of a part of the 
Northern Cross railroad," approved February sixteenth, 
A. D. one thousand eight hundred and forty-seven. 
Approved Feb. 14, 1861. 



89 1851 



AN ACT to pay a prosecuting attorney therein named. In force Feb. 14., 

Section 1. Be it enacted hy the people of the ^tate cf A;;ditor to i.ue 
Illinois, represented in the General Assembly ^ ihat the Bushmi m. 
auditor of public accounts of this state be and he is here- "oward. 
hy directed to issue his warrant upon the treasurer, in favor 
of Bushrod B. Howard, for the sum of two hundred dollars, 
for services done and performed as prosecuting attorney in 
and for the Jo Davie>~s county court in this ^tate. 

§ 4. Tliis act to take effect from and after its passage. 

Approved February 14, 1851. 



AN ^CT to pay Burton C. Cook and David B. Campbell for services rendered the jj^ fy^ee Feb. M, 
state ia the second and third grand divisions of the supreme court 1851. 

Section 1. Be it enacted hy the people of the State o/$ioo app^pria- 
Illinois, represented in the General Jissemhly, That the ^l^^l_ 
sura of one hundred dollars be and the same is hereby al- 
lowed to Burton C. Cook, for professional services rendered 
the state in the third grand division of the supreme court, 
in the year one thousand eight hundred and forty-nine. 

§ 2. The sum of one hundred dollars is hereby allowed The same to D. 
to David B. Campbell, for professional services rendered the 13. Campbell. 
state in the supreme court of the second grand division of 
the supreme court, for the year one thousand eight hundred 

and forty- nine. , . w * ♦ i 

§ 3. Tlie auditor of public accounts is hereby authoriz- w™t« to v^ 
ed to issue his warrant on the treasurer, to the said Burton 
C. Cook and David B. Campbell, for the above mentioned 
sums. ^ , ,. ■ .'""■ . , 

Approved Feb. 14, 1851. 



AN ACT to provide for the pay of a prosecuting attorney therein named. j^^ force Feb. 14, 



ISoi. 



Section 1. Be it enacted hy the people of the State of S\oo appropna- 
llliwjis, represented in the General Assembly, That An- so^p^corder. 
derson P. Corder be and he is hereby allowed the sum of 
one hundred dollars, for services rendered as prosecuting at- 
torney in the third judicial circuit, appointed by the Hon. 
Judge Denning, under the last proclamation of the gover- 
nor, to suppress riots and disorder in Massac county. 

§ 2. And be it further enacted, That the auditor of A;.';i;;-^°/"^ 
i^lic accounts be and he is hereby required to issue his 



1851. 90 

warrant on the treasurer in favor of the above named An- 
derson P. Corder, for the above specified amount, any de- 
fect in the law to the contrary notwithstanding. 
ArrRovED February 14, 1851. 



In force Feb. 1-1, AX ACT in relation to tlie Illinois and Michigan canal, and tiic canal lands. 
1851. 

Penalties, when Section 1. Be it eiiacted by the pcopk of the htatt of 
recovered ^^- Jlllnois, representetlin the General ^.^sscinhJu^ All penalties 

tore jastice of • i i i i . i • i i n i • 

tiifipcaoe. provided by law in relation to the canal, and all penalties 
provided and mentioned in the "iiiles, by-laws and regula- 
tions" adopted and established^ and which hereafter maybe 
adopted and established by the board of trustees of the Il- 
linois and Michigan canal, in pursuance and by virtue of 
section 15 of the "Act to provide for the completion of the 
Illinois and Michigan canal, and payment of the canal 
debt," approved February 21st, 1843, in all cases wlien the 
amount does not exceed one hui dred dollars, may be sued 
for and recovered, by action of debt, before any justice of 
the peace of the county in which the cause of action ac- 
crued. 
Penalty for in- § ^- "^"J pe^son or persons who shall wilfully and ma- 

jiiring canal liciously Or wautoulv iniure any bank of the canal, tow- 
patJi, bridge, culvert, lock, aqueduct or any part ot any 
portion of the canal, or any thing connected wither apper- 
taining to the same, shall be deemed guilty of malicious mis- 
chief, and shall, on conviction, be fined in a sum not exceed- 
ing three hundred dollars, and be imprisoned not exceeding 
three months. 
Reapprrai:^?ment § 3. The Said board of trustees of t!ie Illinois and Ml- 

lots may " be c^^g^^ canal are hereby autiionzed to call together the 

made. board of appraisers, heretofore appointed for the appraisal 

of canal lands, and such board, or a majority of them, shall 
be and they are hereby authorized to re-appraise and value 
any such lots, lands or water power, as the said board of 
trustees siiall designate and require to be re-appraised, and 
which have been heretofore exposed to sale at public auc- 
tion and remaining unsold for want of bidders ; and they are 
also authorized to re-appraise block seven, in the original 
town of Chicago, (known as the "basin block;") and also 
to appraise all such canal property as has not been hereto- 
fore appraised ; and the appraisal and re- appraisal and val- 
uation so made by such appraisers, shall liave the same 
force and effect as the original appraisal heretofore made 
by them. 



I 



91 1851, 



illloJ. 



4. In case of tae death, resicjnation or refusal of any \=^^^""'y '" 

• •11 1 ,• • , ii • 1 c j^\ ■ uoaid of ap- 

ol said board or appraisers to serve, the judge oi the cir- praLsers. how 
cult court in which such vacancy occurs, shall have power 
to fill suc'a vacancy, and shall do so on the application of 
said board of trustees. 

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

Approved February 14, 1851. 



AN ACT to relocate a portion of the road from SpriugDeld to Beardstown. lu force Feb. l-i , 

1851. 

Section 1. Be it enacted by the people of the State of CommiBswwif. 
Illinois, represented in the General tdsse?nbly, That Peter 
Cartright, William Carson and Jacob Epler be and they are 
hereby appointed commissioners to relocate so much of the 
state road leading from Springfield to Beardstown, as lies 
between the head of Richland creek timber and the east line 
of Cass county ; liaving due regard to private property. 

§ 2, That said commissioners shall meet on or before To tfii<e oath. 
the first day of June next after the passage of this bill, or 
as soon thereafter as possible, at the house of Peter Cart- 
wright, and take an oath before some justice of the peace 
of Sangamon county, well and truly to perform the duties 
required of them by this act. 

§ 3. When said commissioners shall have viewed the '^'^^"■^"*y* 
said ground, and shall have relocated said road, it shall be 
their duty to make out a plat of the road so relocated, and 
lay said plat before the county court of Sangamon county, 
as soon as practicable after the completion of the same, and 
the road so relocated is hereby declared the state road ; and 
so much of the old road affected by said relocation is here- 
by Aacated. 

§ 4. That said plat shall be evidence hereafter in all I'l'^t of ro.id ti^ 
courts of record in this state ; and it shall be the duty of '' ^^' '^""'^ 
the county court of Sangamon county to record said plat 
in the records of their office. 

Approved Feb'y 14, 1851. 



AX ACT autbovizin;: the trustees of the IllinoiB and Mioh'i;;-an canal to lease water In force A|iril 
power ill t!ie town of Ottawa, and to settle for damages. ] 8, 1 Sf)! . 

For the better enabling the trustees of the Illinois and Mi- Preamble. 
cltigan canal to create a surplus of water in the town of 
Ottawa, and lease the same as contemplated prior to the 



1851. 92 

passage of the act of the 21st of February, 1843, provi- 
ding for the completion of said canal, and required 
thereby — 
Cftnsant on tha Segtion 1. Be it enacted by the people of the State of 
^t^?. "^ ^^^^ It/inois, ^represented in the Ge?ieral ^ssembti/, as follows : 
The state of Illinois hereby declares its assent to the fol- 
lowing alterations and additions to the act entitled "An act 
to ])rovide for the comjiletion of the Illinois and Michigan 
canal, and for the payment of the canal debt," approved 
21st February, 1843.' 
,„ , 1st. The board of trustees to the said canal may create 

X O C^Ccl CB t 111'- ^ 

phis water. surplus w^atcr in the town of Ottawa, and lease the same, 
with the ground upon which to use it, upon such terms and 
conditions as they may deem advisable. 

To settle with 2d. The Said trustees are hereby authorized to settle 

cMvuersof land ^;|.j-j ^^y. ^^ ^j-^g owuers of land or water power on Fox riv- 
er, for the damages they may sustain by reason of the di- 
version of the water of said river into said canal, for the 
purpose of creating suipltis water to be leased for hydraul- 
ic purposes in said town, and pay for the same ; or may 

To make con- give in exchange, water in said town, to be drawn from said 
veyauoea, &e. canal, Or its branch, and the ground upon which to use it, 
either in perpetuity or for a term of years, and to execute 
such conveyances, covenants and leases as may be neces- 
sary or proper to accomplish that object. 

To acqime con- s 2. The Said trustees are further authorized to acquire the 

ti-ul 01 water ™,i n ir-i i-i ii 

iwwer. tree and sole use and control of the water which may be drawn 

from Fox river tiirough the Fox river feeder, by giving to the 
owner or owners, or claimants, or any or either of them, of the 
water power in Dayton, or said feeder water in Ottawa, and 
the ground upon which to use it, either in perpetuity, cr for 
a term of years, upon such terms and conditions as they may 
deem best for the interest of the state and of the canal fund ; 
and for this purpose may execute all such conveyances, co- 
venants and leases as may be deemeil necessary or proper. 
Doings of trus- ^ 3. The acts and doings of the said trustees, done in 

ingon state.' pursuance of Ihis act, shall be binding upon the state. 
Approved Feb'v 14, 1851. 



In force Fob. 14, AN ACT to exempt members of the fire department of the city of Chicago from ec!V- 
1851. ing as Jurors. 

Firemen exempt Section 1. Be it enacted bij the people of tlie State of 
vko! ^^^ ^^^ Illinois, represented in the General Assembly, That from 
and after the passage of this act, the members of the fire de- 
partment of the city of Chicago shall be exempt from serv- 
ing as jurors, in all cases. 



93 1851. 

§ 2. Tiiat all members of the fire department of the ci- Pcrpctaii cx- 
ty or Ulucago, who have served lor ten years, or who may ten yens" si 
hereafter serve for ten years in said department, shall for- '^■''^''• 
ever after be exempt from servinj^ as jurors. 

Approved Feb. 14, 1851. 



AN ACT changing the timoof holding tiiecircuit courts in the second jmliciiil circuit. In I'orri' Feb. 14 

1851. 

Section 1. Jie it enacted by the people of the State r/ Tiraoorhoi.imi; 
Illinois^ represented in the General Assembly^ That the cir- ''""'"*®" 
ciiit courts in the second judicial circuit shall be held at the 
times hereinafter mentioned : In the county of St. Ciair, on 
the second Mondays of March and August; in the county of 
Madison, on the third Mondays after the second JNIondays of 
March and August ; in the county of Monroe, on the sixth 
Mondays after the second Mondays of March and August; 
in the county of Randolj)h, on the JNIondays following; in 
the county of Perry, 0!i the ]\Iondays following; in the 
county of Washington, on the Mondays following ; in the 
county of Clinton, on the Mondays following; in the coun- 
ty of Bond, on the Mondays following ; in the county of 
Fayette, on the Fridays following; in the county of Mont- 
gomery, on the Wednesdays following, to continue until the 
business is disposed of. 

§ 2. All writs, subpoenas, and any other process wiiich Writ iicrrt. fore 
may have been or may be issued and made returnable to f '"<"•• "^^^' '-- 
the terms oi courts m the said circuit, as heretofore requir- 
ed to be holden, shall be deemed and taken to be returnable 
to said terms of courts as required to'be holden under this 
act, and all notices which may have been given, eitlier of 
publication, or otherwise, with reference to the terms as 
heretofore required to be holden, shall, by force of this act, 
refer to the terms of courts so required to be held under 
this act; and proceedings pending in any of said courts 
shall be taken up and disposed of according to law, as if no 
alteration had been made in the times of holding said courts. 

§ 3. This act shall, upon its passage, be publislied in tiie Duty of .^cerctn.- 
paper of the public printer, and the secretary of state shall '7 of «'»*^- 
immediately thereafter transmit a copy thereof to each of 
the clerks of said courts. 

§ 4. All acts and parts of acts conflicting with tlie pro- ^p'^ipp-a!'*'- 
visions of this act are hereby repealed. This act to take 
effect from and after its passage. 

Approved Feb. 14, 1851. 



1851. 94 

lu force Feb. 13, AN' ACT amendat(jry to '-'An act relating; to the improvement of tiw Davigation of tlie 
1861. Saline river," approved Maxell -i, 1S37. 

Pr amble. Wliereas by an act of the General Assembly of the sta'e of 
Illinois, entitled " An act relating to the Gallatin Saline, 
and the lands belonging to tiie same," approved sixteenth 
January, one thousand eight hundred and thirty-six, and 
an act amendatory thereof, entitled •' an act relating to 
the improvement of the navigation of the Saline river," 
approved March fourth, one thousand eight hundred and 
thirty-seven, John Crenshav/ and others were appointed 
commissioners to expend an appropriation made by the 
lirst of said acts, and in execution of their trust purchas- 
ed lands in the name of tlic commissioners of navigation; 
and whereas John Crenshaw is the only surviving and 
acting commissioner under said acts — 
coiuiacu legal- Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General ^Issembly, That all 
contracts made by the said John Crenshaw, as such surviv- 
ing and acting commissioner, be and the same are hereby 
legalized and confirmed. 
Sales authori- § 2. Be it further enacted.) That the said John Cren- 
shaw, as such commissioner, is hereby authorized, empow- 
ered and directed to make sale of the lands so purchased 
by the said commissioners, for cash, and the purchase mo- 
ney under such sale or sales paid into the office of tiie state 
treasurer, and there held as a deposit for the purpose of im- 
proving the navigation of the Saline river, under such ap- 
propriation thereof as may hereafter be made; and the cer- 
tificate of the state treasurer shall be evidence of such pay- 
ment. 
Conveyances. § 3. Be it further enacted, That the said John Cren- 
shaw, as such commissioner, is hereby authorized and em- 
powered to make, execute, and acknowledge all deeds of 
conveyance, or other instruments of v/riting necessary to 
carry into effect the provisions of this law. 
Ar-ts repe&ieiL § 4. All acts and parts of acts not consistent with the 
terms of this act, be and the same are hereby repealed. 
This act to be in force from and after its passiage. 
Approved Feb. 13, 1851. 



In force Fci. 14, AN ACT to extend the time for the collection of the rcveniio of Champaicn co-anty 
1851. for 18.50. 



Treamble. 



Whereas the assessor of Champaign county failed to com- 
plete the assessment of the taxable property in said coun- 
ty for the year A. D. 1850, within the time required by 
law J therefore, 



95 1851. 

Section 1. Be it enacted by the people of the State of^'^^ citendoi 
Jt/inois, represented in the General ^^ssembly^ That the col- 
lector of the county of Champaign for the year 1850, be and 
lie is hereby allowetl until t!ie first Monday of October, 
lcS5i, to collect and make a final settlement for the taxes 
of said year 1850: Provided, thsit the said collector shall rio\ito. 
file witii the clerk of the county court an instrument in 
writing, under tiie hands and seals of the persons w!io are 
sureties on the bond of the collector aforesaid, showing 
their agreement and consent to the extension of time al- 
lowed by this act. 

§ 2. The assessment mentioned in the first section of -Assessments le- 
this act is hereby declared to be as good and valid as if the S'^'"''^^'- 
same had been completed within the time required by law, 
and the collector is hereby authorized to give notice and 
collect in the several precincts as now required by law, 
at any time prior to the first day of May next. 

Approved Feb. 14, 1851. 



AN ACT to authorize tbo location of a state road therein named. In force Fc)). 14, 

1861. 



jmmissioncrs. 



Section 1. Be it enacted by the people of the State of Cor 
Illinois, represented in the General tdsscnibli/, That Ed- 
mond Richards, of Macoupin county, S. G. M. Allis, of 
Morgan county, and Martin Millan, of Sangamon county, 
are hereby appointed commissioners to view, locate and 
mark a state road commencing on the range line between 
ranges seven and eight, wdiere the county road leaves said 
line, being the north-west corner of the south-west quarter 
of section six, township twelve north, range seven, west of 
the third principal meridian, in Macoupin county, and run- 
ning north on said line to the corner of Morgan and Sanga- 
mon counties, thence due north on said line two miles from 
said corner, thence in a northern direction, on the most feasi- 
DJe and equitable route, to intersect the Vandalia road, at or 
near Wemple's lane. 

§ 2. Said commissioners, or a majority of then^, shall When to meet 
meet at the place of beginning, within one month after the ^""^ ^^^^ •"*' 
passage of this act, and after having been qualified before 
some justice of the peace of either of the counties of San- 
gamon, Morgan or Macoupin, proceed to view, locate and 
mark said road according to the first section of this act, and 
within one month after the location of said road make re- 
turn thereof to the county courts of the counties of Morgan, 
Sangamon and Macoupin ; and when said returns are re- 
ceived the said courts shall cause said road to be opened ^""''^''^op'n- 
and worked as other state roads are required to be worked, m iUte Tcwd.*"^ 



1851. 96 

Compeneation. § 3, Said commissioners sliall be allowed one dollar 
each per day for the time necessarily engaged in iocatinj; 
said road, and making returns thereof, to be paid out of the 
county treasuries of the several counties through whicii 
said road passes, in equal amount from each. 

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

Approved Feb. 14, 1851. 



T /. AM AN ACT to amend the act establishing the Illinois State Hospital for the Insane. 

Lu lorce April 

ijpcciai tal Section 1. J^e it enacted hy the people of the State of 

Illinois, represented in the General .fissemhly, That the 
special tax authorized to be levied and collected for the 
purpose of creating the "fund for the insane" shall be in- 
creased to one third of a mill for the present and succeed- 
incT years, until otherwise provided by law, and so much ol 
saTd fund as may be necessary shall, after the completion of 
the buildings provided for in the act to which this is an 
amendment, be used in defraying the expenses of the insti- 
tution : Provided, that not more than one hundred and fifty 
dollars per annum shall be paid for each state patient. 

AK, repealed in § 2. So much of the act to which this is an amendment 

part.''' " as requires counties to pay costs and charges attending the 

treatment of insane paupers, is hereby repealed ; and tlie 

costs and charges of keeping insane persons residing in this 

state shall be paid out of the " fund for the insane." 

T)ut7 of trustee? § 3. The trustees of said institution shall proceed to 
finish and furnish rooms in the building for the reception and 
care of patients, with all reasonable diligence; and for this 
purpose they may use '-the fund for the insane," provided 
that such us'e of the fund shall not interfere with the finish- 
ing the building under existing contracts. 

Who to be re- § 4. The trustees are authorized to receive and detain 
..jiv^i. in the institution ail residents of this state who may be de- 

cided to be insane or distracted, by any court or judge vest- 
ed with jurisdiction or power to adjudicate upon questions 
of sanity or insanity ; and the order of such court or judge , 
or a certified copy "thereof, under the seal of court, shall be 
evidence of [in] all courts and places v/herein the right to 
keep or detain any person or persons shall be called in ques- 
tion. 

Jariaiictlon of ^ 5. The county courts of the several counties in thi? 
*ounty courts, g^^^^ ^^.^ hereby vested with jurisdiction to hear and deter- 
mine all questions which may arise in their respective coun- 
ties, touching the sanity or insanity of persons residing 
therein, and the possession of a right to property shall not 



97 1851. 

affect the question of jurisdiction; also of all questions 
which may arise under the provisions of chapter fifty of the 
Revised Statutes, entitled "Idiots and Lunatics." And 
the said courts and county judges shall and may proceed in 
the adjudication of all questions arising under the provi- 
sions of said chapter, in the same manner and with the like 
effect as circuit courts or judges thereof. 

§ 6. Proceedings had before judges in vacation, under Ae;« in vroafon 
tlie provisions of this act, shall be recorded at the next reg- 
ular or special term of the court. 

§ 7. Whenever any person-shall be found to be insane^'"''';''?'* ^ 
OT distracted, before any court or judge, the sheriff of the '''"'"" 
county shall be furnis'ied with a certificate by the clerk of 
the court, if the proceeding was had in court, or by the 
judge, if such proceeding was had in vacation, stating that 
in a proceeding had before such court or judge, such per- 
son, naming him or her, had been found to be insane or dis- 
tracted, as the fact may have been, and that such insane or 
distracted person was tlicreupon orde'cdto be conveyed to 

"The Illinois State Hospital Ibr tlio Insane ;" which certifi- 

cate shall constitute the authority of the sheriff, or any ^'"'•'' "' '^'•'*»'*- 
other person to whom the same may be delivered, to con- 
vey such insane or distracted person to the said hospital ; 
and also the authority of the trustees to keep and detain 
him or her therein. 

§ 8. Persons who have heretofore been found or decid- P^'"*™' httcUt- 
ed to be distracted or insane, may be conveyed to and de- SLo'''^'''''*"^ 
tained u\ said hospital, and a certified copy of the order of 
court, or judge appointing the conservator, shall authorize 
the reception and detention of all sucli persons. 

§ 9. The trustees of the hospital shall publish a notice Trustees u. ,ul- 
m two newspapers published r.t the seat of go\ ernrnpnt, ''^^i^not'-e. 
three months in advance of the time when the buildino- will 
be prepared for the reception of patients, and a copy of 
such notice shall be forwarded by mail to the judo-e and 
clerk of every county court in the "state, on the first^publi- 
cation thereof, stating the time when patients will be receiv- ... =» 

ed, and requesting that information will be forwarded to 
said board, of the names, ages and sex of f 11 insane and / 

distracted persons in the state, wii.ii a statement in refer- 
ence to each— first, of the duration o^ the disease, dating ' 
from the first symptons ; second, the supposed exciting 
cause of the disease ; third, whether or not the disease is 
hereditary ; fourth, whether the patient has made any at- 
tempt to commit any violence upon him or herself, or oth- ■'^"' 
ers : upon the publication of which notice and request, all 
persons having charge of in^aneor distracted persons, judg- 
es and clerks of county and circuit couris, shall, without 
delay, be furnished the information desired, in respect to 
all insane and distracted persons known to them; and one 
7 



1851. 98 



month before the time fixed for the reception of patients, the 
trustees shall, with the assistance of the medical superin- 
tendent, make a list of all the names furnished, and select 
from them the number to be received, having regard to the 
provisions of the act establishing the hospital ; and notice 
shall thereupon be given to all persons who have furnished 
names as aforesaid of the persons so selected ; and, also, 
. that in case any patient so selected shall not be conveyed 
to the hospital within twenty days after the time fixed for 
the reception thereof, that another or other selections will 
be made, so that the person, or persons not being conveyed 
as aforesaid will not be received until the further order of 
the board. 

Married women § 10. Married women and infants, who in the judgment 

and infants. q£ ^j^g medical superintendent are evidently insane or dis- 
tracted, may be received and detained in the hospital on 
the request of the husband, or the woman, or parent, or 
guardian of the infants, without the evidence of insanity or 
distraction required in other cases. 

isponses. § 11. The expenses of conveying paupers to the hospi- 

tal shall be paid by the counties in which they reside, and 
the expense of carrying others shall be paid by conserva- 
tors, husbands, parents or guardians ; and in no case shall 
any such expense be paid out of "the fund for the insane." 

Persons labor- § 12. No person, laboring under any contagious or infec- 
ing under con- |;^Q^g disease, shall be admitted into said hospital as a pa- 

tagioua dis- i- . 
eases. tient. 

Sheriff to em- § 13. In Conveying patients to the hospital for the m- 
pioyassistance, gj^jjg^ ^j^g sheriff may employ one assistant for each patient, 
'^''^"' and the compensation to the sheriff shall be five cents per 

mile, going and returning, and two dollars per day, compu- 
tino- one day for every thirty-five miles travel, on the usual 
route of the United States mail, and one half of said amount 
to the assistant; which compensation shall be paid by coun- 
ties, in cases of paupers, and by conservators, husbands, 
parents and guardians in other cases, 
etotbing. § 14. Clothing for paupers shall be furnished or paid 

for by the counties in which they resided, and the judge ot 
each county court shall furnish all necessary clothing, at the 
expense of such counties; and a certificate of the judge, of 
the purchase of clothing or goods to be made up for the use 
of patients, shall be received in payment of county reve- 
nue the same as county orders. 
Proaities of § ^^' Hereafter the penalties of bonds required of con- 
bonda. servators shall be fixed with reference to the value of per- 

sonal property and rents, and when orders are made for the 
sale of real estate by courts, additional bonds may be re- 
quired, with conditions to account for the proceeds of such 
sales according to law. 



99 • 1851. 

§ 16. The medical superintendent shall not be required ^^''^^^'^i ^"t''* 
to serve on juries, work on roads, or to attend any court as inry^ltrvk-^!"^ 
a witness in a civil suit, but parties desiring his testimony in 
any case shall be allowed to take and use his deposition ; 
nor shall he be required to attend as a witness in any crim- 
inal case, unless the court before which his testimony may 
be desired shall, upon being satisfied of the materiality of his 
testimony, require his attendance. 

§ 17. All persons employed in the hospital, whilst so em- ^^P'^-^^^* .**' 
ployed, shall be exempt from serving on juries, working on s™vico™Ac:^"'^ 
roads, and in time of peace, from performing military duty. 

§ 18. The biennial reports of the trustees to the gen- ^''-'""^'^' ^'^V^- 
eral assembly shall hereafter be printed, under the direction 
of the board, before the meeting of the general assembly, 
so that said reports may be placed on the tables of the 
members during the first week of the session: Provided, 
that not more than one thousand copies shall be printed for 
the use of the general assembly, and a like number for the 
use of the hospital. P^g 

§ 19. If the funds appropriated to defray the expenses lu cieney oT 
of the Hospital for the Insane, for the years one thousand pired?^""""'^' 
eight hundred and fifty-one and fifty-two, shall prove insuf- 
ficient, the governor may, upon being satisfied of the ne- 
cessity thereof, make an order on the auditor, directing him 
to issue a warrant on the treasury for a loan, not exceeding 
five' thousand dollars, payable in such sums and at such 
times as the governor may direct ; and whatever amount 
may be so drawn from the treasury, shall be refunded out of 
the " fund for tiie insane," when collected. 

Approved Feb. 15, 1851. 



AN ACT to provide for the distribution of certain school funds herein named. In force Feb. Vm 

1861. ' 

Section 1. Be it enacted hy the people of the State o/'Commissionew 
Illinois, represented in the General f/issemhlij, That the ^o ^Ppo''''^"- 
school commissioner of Cumberland county, be and he 
hereby is required to divide and apportion the interest on 
the school, college and seminary fund for said county, and 
the township trustees the township fund of the several town- 
ships y Jiich accrued for the year 1850 and is undistributed, 
or whicli may accrue for the year 1851, on an examination 
of scholars, to be made on or before first Monday of April, 
1851. ^ ^ 

§ 2. Any district in said county which has neglected to Directors eirci- 
elect their directors, may elect such directors by meeting ^J- 
at their school house on the first Saturday of March, 1851, 



1851. 100 

at six o'clock, P. M.; of which meeting this act sliall be 
taken and deemedlegal notice. 

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

Approvkd Feb. 15, 1851. 



rj> force Feb. l.S AN ACT to amend an act entitled "An act to establish the Illinola Institution for 
l^r^l. the Education of the Blind." 

Offioei-9, term of SECTION 1. Be U enacfccl bij the peopk of the State of 

limited. Illinois, represented in the General Jissemhl\j, That the term 

of office of the president and trustees of the Illinois Insti- 
tution for the Education of the Blind shall be and is hereby 
limited to two years ; the trustees now in office shall con- 
tinue in offi-ce until the governor, by and with the advice and 

^»vT appoinied. consent of the senate, shall appoint others ; and it shall be 
the duty of the governor, by and with the advice and con- 
sent of the senate, immediately after the passage of this act, 
' ' to appoint five trustees for said institution ; and the gov- 
ernor shall biennially hereafter, by and with the advice and 
consent of the senate as aforesaid, appoint five trustees for 

Tacancie., hoir Said institution; and the board of trustees shall have the 

iiiisd. ' power, from time to time, to fill vacancies that may happen 
by death, resignation or otherwise, in their own body, be- 
tween the biennial appointments made by the governor. 
The board organized under the provisions of this act shall 
have all the powers, act under the same responsibilities, and 
perform the same duties as the present board. 

Officer? of hofpi- ^ 2. That the term of service of the president and trus- 

Tanortirm^of tees of the Illinois State Hospital for the Insane, shall be 

•ffice limited, ^nd it is hereby limited to two years. The trustees now m 

office shall continue in office until the governor, by and 

How sppointod. ^yith the advice and consent of the senate, shall appoint 
others ; and it shall be the duty of the governor, by and 
with the advice and consent of tl^e senate, immediately 
after the passage of this act, to appoint nine trustees for 
said institution ; and the governor shall biennially hereaf- 
ter, by and with the advice and consent of the senate as 
aforesaid, appoint nine trustees for said institution.^ And 
the board of trustees shall have the power, from time to 
time, to fill vacancies that may happen, by death, resigna- 
tion or otherwise, in their own body, between the biennial 

\>a. .-.OF, how appointments made by the governor. The board organized 
ified. under the provisions of this act shall have all the powers, 

act under the same responsibilities, and perform the same 
duties as the present board. 



101 1851. 

§ 3. That in addition to the tax of one tenth of a mill Additional *si. 
on every dollar's worth of taxable property in the state, 
required to be assessed and collected by the act entitled 
"An act to establish the Illinois Institution for the Educa- 
tion of the Blind," approved on the thirteenth day of Feb- 
ruary, one tliousand eight hundred and forty-nine, to aid in 
establishing and maintaining said institution, there shall be 
assessed and collected for the years one thousand eight hun- 
dred and fifty-one and one tliousand eight hundred and fif- 
ty-two, a tax of one tenth of a mill upon every dollar's 
wortii of taxable property in the state ; the proceeds of 
which shall be applied to the completion of the building 
now in the course of erection, and which additional tax 
shall be assessed and collected in the same manner as the 
one tenth of a mill provided for in the act above recited. 

§ 4. Taat if in any county the tax required to be assess- Tax to Ve «.'- 
ed and collected b}- this act shall not be collected for either Jy*^):^ '" '*■*' 
or both of said years herein provided for, the same shall be 
assessed and collected for a subsequent year or years, so 
that said tax shall be assessed and collected in e^cry coun- 
ty in this state for two years. 

§ 5. That the sum of five thousand dollars is hereby Appropriation 
appropriated to aid in the completion of the building for the thc^Ji;^!'^'''"^ 
Institution for the Blind, payable during the present years, 
out of any money in the treasury not otherwise appropria- 
ted ; which said sum of five thousand dollars shall be re- 
funded to the treasury out of the proceeds of the tax pro- 
vided for in this act. 

§ 6. That the special tax required to be assessed and Tax, bovr wi- 
collected b}' the act to establis'i the Illinois State Hospital '^'^^^' ' 
for the Insane shall be assessed and collected for the years 
one thousand eight hundred and fifty-one and one tliousand ^or ^tat j.ur- 
eight hundred and fifty-two, in the manner and for the pur- P"^*^- 
pose expressed in the said act. 

§ 7. The number of trustees for the Hospital fjr the Tra-te<(.. 
Insane sliall be reduced to seven. 

§ 8. That if in any county there has been or shall Le a^^'aiiure 'o ft.i- 
failure to assess and collect the special tax, for any one or 
more year's requirt'd to be assessed and collected for the use 
of the Hospital for the Insane, the said tax siiall hereafter 
be assessed and collected in any such county the one or 
more years in addition to the years provided for in this act, 
so that the said tax shall be assessed and collected in every 
county in the state an equal number of years. 

§ 9. That tue sum of six thousand dollars shall l>e and Appropriatic-n, 
the same is liereby appropriated to aid in the completion of ti'o^ame"*^'"''' 
the building of the Hospital for the Insane, payable out of 
the treasury in sums of one thousand dollars, as the same 
may be required for use ; which said sum of six thousand 



1851. 102 

dollars shall be refunded to the treasury, out of the tax 
authorized to be collected under the provisions of this act. 

This act shall take effect from and after its passage. 

Approved February 15, 1851. 



In force April. AN ACT creating a fund for the education of tlie deaf and dumb. 

18, 1851. 

^^dditionai Section 1. Beit enacted hy the pcoplc of the State of 

Illinois, represented in the General Assemhlij, That for the 
purpose of defraying the ordinary expenses of the Illinois 
Institution for the Education of the Deaf and Dumb, a 
separate fund is hereby created and established, in addition 
to the fund provided for in the act of incorporation, to be 
denominated " The fund for the education of the deaf and 
dumb," which shall consist of one sixth of a mill upon each 
dollar's worth of taxable property in the state, to be taken 
and deducted from the tax of two mills on the dollar au- 
thorized to be assessed and collected for paying the or- 
dinary expenses of government, by the act passed on the 
first day of March, one thousand eight hundred and forty- 
five, entitled " An act to provide for paying a portion 
of interest on the state debt ; and as the revenue of the 
state is collected and paid into the treasury, the auditor 
shall direct the treasurer to credit the aforesaid fund by 
the amount of said one sixth of a mill, in a separate account 
to be kept for that purpose. 

Drawn montliiy. § 2. The Said One sixth of a mill shall be collected and 
paid in current money of the United States, and shall be 
drawn from the treasury monthly, as required for use, upon 

i«r„viso. warrants of the auditor : Provided, that not more than one 

hundred and twenty dollars per annum of said fund shall 
be paid for each state pupil attending said institution ; and 
the president of the board of directors shall furnish the 
auditor with a catalogue of the pupils in attendance on the 
first of December and first of July, annually, and the ex- 
cess of the said fund which shall remain after the payment 
of the said one hundred and twenty dollars per pupil, for 
/ each pupil shall be used in the erection of the north wing 

of the building until that is completed, and thereafter the 
said excess siiall be transferred to the treasury and used 
for ordinary purposes of government. 

Pr(K>e«d3offarm ^ 3. The proceeds oi the sales of the productions of 
bow applied. ^^^ ^^^^ ^^^ garden, and of sales of manufactured articles, 
and the receipts for work performed by the pupils and oth- 
ers in the employment of the directors, shall be applied to 
the uses of the institution, under the direction of the board 
of directors. 



103 1851. 

§ 4. The act passed on the twenty-third day of Febru- ^"^^ repealed. 
ary, one thousand eight hundred and forty-seven, entitled 
"An act making farther provision for the education of the 
deaf and dumb," is hereby repealed, and the first and 
second sections of this act shall operate upon the revenue 
of the year one thousand eight hundred and fifty-one, and 
every year thereafter, until otiierwise provided by law. 

§ 5. That to defray the ordinary expenses of the said AppropriatiMi. 
institution for the year one thousand eight hundred and 
fifty-one, and until the fund created by this act shall be 
available, the sum of ten thousand dollars is hereby appro- 
priated, payable out of any money in the treasury in sums 
of not exceeding one thousand dollars, as the same may 
be required for use. 

§ 6. The sum of ten thousand -dollars is hereby appro- 
priated, to be used incompleting the centre building of the 
institution, payable out ot any money in the treasury not 
otherwise appropriated, in sums of not exceeding two 
tliousand dollars, as the same may be required for use. 

§ 7. That to enable the directors to purchase a lot of ^Pr'^°P'''^'"''" 
land containing about twelve acres, situated adjoining to 
and west of the land now owned by the institution, the sum 
of one thousand dollars is hereby appropriated, payable out 
of any money in the treasury not otherwise appropriated. 

This act shall take effect from and after its passage. 

Approved Feb. 16, 1851. 



A-N ACT sapplsmcntary to an act entitled " An act to levee and make certain im- In force Feb. le, 
proveiuents on the Wabash river," approved February ISth. 1847. JIS51- 

Section 1. Be if enacted by the people of the State of Vacancies ai 
Illinois, represented in the General Assembly, That Joseph 
Riley and John Shephard be appointed commissioners to 
fill the vacancy occasioned by tlie death of Archibald C. 
Baird and Charles D. Emmons, in tlie board of commis- 
sioners created by the act to which this is supplementary ; 
and that hereafter where any vacancy in said board shall 
arise from death, resignation, or otherwise, that the same 
may be filled by appointment by the board until the next 
ensuinsf election. 

§ 2. That the said board of directors shall cause the Levee extended. 
said levee to be extended down to the river to some conve- 
nient point below the Olney, Lawrenceville and Wabash 
Plank road, as may be deemed advisable by said board. 

§ 3. That the boundaries ot the territory in the second Boundaries an- 
section of the act to which this act is supplementary, shall '"rged. 



1851. 104 

be enlarged so as to embrace within its limits the whole of 
township four north, range eleven west. 
Acts onfirmeJ. § 4. That all acts heretofore done by the board of com- 
missioners aforesaid, in pursuance to the act of the legisla- 
ture aforesaid, entitled "An act to levee and make certain 
improvements on the "Wabash river," approved February- 
eighteenth, one thousand eight hundred and forty-seven, 
^ . be and the same are hereby confirmed. 

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

Approved Feb. 15, 1851. 



In force Feb. 15, AN ACT granting a prc-3mption upon certain lands in Alexander county. 
,1851. 

Pveam-ie. Whereas Daniel H. Brush, of Jackson county, Illinois, and 
Alexander P. Gross, of Alexander county, in the state 
aforesaid, did, sometime in the month of March, A. D., 
1850, apply to the register of the land office at Kaskaskia, 
for the purpose of entering the following described landsj 
to wit: the east iractional half of the north-east quarter 
of section twenty-one ; the west half of the north-west 
quarter of section twenty-two ; the north-east quarter of 
the north-west quarter of section twenty-two; the west 
half of the north-east quarter of se,ction fifteen ; the west 
half of the south-east quarter of section ten ; the north- 
east fractional quarter of the north-west quarter of 
section ten ; and the south-west quarter of the south-west 
■ • ■ quarter of section three ; all in township number sixteen 
south, of range number two west, situate in the said coun- 
ty of Alexander: at which time, there being no receiver 
at said land office, they could not enter said land. That 
aftsrwards, on or about the 10th day of May, 1850, they 
again made application to the register of said land office, 
for the entry of said land, but could not enter because 
there was still no receiver. That afterwards, on the 17th 
of July, in the year aforesaid, they, the said Daniel H. 
Brush and Alexander P. Gross, made out a formal applica- 
tion and filed it with the register of the said land office, 
ibr t'le purpose of entering and securing said land above 
described, and made a tender of the money therefor, 
but were then prevented from entering the same for the 
reason that the surveyor general of Illinois and Missouri, 
on account of some informality and error in the original 
survey and plat of some of the lands in said township, had 
forwarded to the register of said land office an order sus- 
pending all the land in the said township from sale, and 



105 1851. 

had ordered a re-survey of a part of said township. That 
before the said re-survey was made, and a plat thereof 
returned to said land office, the general government grant- 
ed to the state of Illinois all the swamp and overflowed 
lands within her borders, (under which class it is sup- 
posed the above described lands will come,) and suspen- 
ded from sale all lands within eighteen miles of the third 
principal meridian line, the above described lands being 
included. 
And whereas the said Daniel H. Brush and Alexander 
P. Gross, in the assurance of being able to secure said 
land, went upon the same and have there expended an 
amount of money exceeding the sum of one thousand 
dollars ; which will be a total loss to them unless they 
can yet succeed in getting said land, and have used all 
reasonable diligence to enter the same, having been al- 
ways ready and anxious to pay over the money for the 
same, but have been, by the circumstances aforesaid, pre- 
vented from so doing ; therefore. 

Section 1. Be it enacted by the jjeople of the State of Pre-emption »!- 
lUtnois, repr senled in the General Assembly, That the 
said Daniel H. Brush and Alexander P. Gross shall be (if 
the above described lands fall to the state of Illinois, in con- 
sequence of the grant of the general government to the 
state of all the swamp and overflowed lands,) allowed 
and permitted to enter the same within twelve months from 
the time the said lands are subject to sale, by paying there- 
for the amount required to be paid for such lands, and in 
such manner as may be directed by law, any law to the con- 
trary notwithstanding. 

§ " 2. This act shall take effect from and after its passage. 
Approved February 15, 1851. 



AN ACT authorizing E. G. Sanfcer to collect tlie back taxes for the years 1847, 1S48 In force Feb. M, 
and isiy iu the county of Peoria. 1851. 

Wliereas the people of the state of Illinois have recently Preamble. 
recovered a judgment for the sum of Jfi7,072 42 against 
William S. Moss, Clack Cleveland and .John Evalt, as 
securities of William Compiler, late sheriff and collector 
of Peoria county, upon the official bond of said Compiler 
for the faithful performance of his duties as collector of 
Peoria county, for the year 1849, executed by said Com- 
pher as principal, and said Moss, Cleveland and Evalt as 
securities; which said judgment said INIoss, Cleveland and 
Evalt are liable to pay ; and whereas said Compiler has 



1851. 



106 



CJol lector ap- 



departed from the state, leaving a considerable amount 
of taxes for the years 1847, 1848 and 1849 still in arrear 
and unpaid, and Ezra G. Sanger having been appointed 
receiver by the ciicuit court of Sangamon county, to 
collect all debts and demands due to said Compiler, from 
all persons whomsoever, for the benefit of the state or 
said securities, and executed a bond, with approved se- 
curity, for the faithful performance of his duties ; there- 
fore, 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That Ez- 
ra G. Sanger be and he is hereby fully authorized and em- 
powered to collect and receive all taxes, both state and 
county, still remaining unpaid in Peoria county, for the 
years 1847, 1848 and 1849, upon the assessments of said 
years, and that he be empowered to enforce the collection 
of said taxes by distress and sale of personal property, and 
by sale of real estate, and all other ways and means, in the 
same way and manner that said collector might l,ave done 
during his continuance in office; and further, that it shall 
To obtain judg- be lawful for Said Sanger to obtain a judgment against all 
lands and town lots upon vt^hich taxes remain unpaid, for 
any of said years, at any regular terra of the county court 
of said Peoria county, upon giving the notice and making 
the report required to be given and made in cases of ap- 
plications for judgments and sales by sheriffs or collectors : 
Provided, that sales of real estate conveyed subsequent to 
the time at which it might have been sold for the taxes due 
as aforesaid, shall be void. 

§ 2. That the same title shall be vested in the purcha- 
ser of property, real or personal, purchased under this act, 
as would be vested in said purchaser had such sale been 
made by said collector during his continuance in office, in 
accordance with all the provisions of law. 



Proviso. 



Title. 



§ 3. 



That said E. G. Sanger be entitled to the same 



Proviso. 



fees, costs and charges for his services in collecting the said 
taxes, as said collector would have been entitled to for the 
same services : Provided, that no fees, costs or charges 
shall be credited on the judgment aforesaid, nor be paid by 
the state. 

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

Approved Feb. 15, 1851. 



in forco Aft'l AN ACT to amend chapter eio:hty-cight of the Revised Statutes, approved JIarch 3*^' 
18,1851. 1345, entitled " Keplevin." 



Goods notfound, 
value thereof j*.. 
recoverable. -« UinoiS 



Section 1. Be it enacted by tlie peojjle of the State of 
represented in the General Assembly, That 



107 1851. 

whenever in any action of replevin the goods and chattels 
specified in the w^rit of replevin to be replevied cannot be 
found by the officer having such writ, or shall not have been 
delivered to the officer, the defendant shall be summoned 
by virtue of such writ by tlie officer reading the same to 
him, to appear and answer to the plaintiiT's action for the 
recovery of the value of such property. Such reading of 
the writ to have the same force and effect as the service of 
summons in other actions. 

§ 2. In such action of replevin, in case the property Dcciaratiom in 
named in such writ shall not be found or replevied, or shall file)"' ** * 
not have been delivered as aforesaid, and the defendant 
shall have been summoned as aforesaid, the plaintiff' may 
file his declaration in trover, and the cause shall be heard 
and determined as other actions of trover; and the plain- 
tiii, if he shnll recover, shall be entitled to judgment and 
execution for the value of such property, or of his interest 
therein, and such damages as he shall have sustained by 
reason of the wrongful taking or detention thereof, togeth- 
er with the costs of suit. 

Approved February 15, 1851. 



AN" ACT siinplemental to nn act entitled "An aetmalsinc; appropriations for the Jq foj-pg j-^.j), j^g 
pay of the members and officers of the general assembly, and for the salaries of the 1851. 

officers nf the government until the adjournment of the next regular session," ap- 
proved February 12, 18-19. 

Section 1. Be it enacted by the j^eople of the State o/" Compensation ta 
Ulinois, rep7'ese)}tcd in the General ^ssembli/, That there eraiassembiy- 
shall be allowed to the secretary and assistant secretary, 
and sergeant-at-arms of the senate, to the clerk and assis- 
tant clerk and principal door-keeper of the house of 
representatives, the sum of five dollars per day ; to the enroll- 
ing and engrossing clerks and assistant sergeant-at-arms in 
the senate, and the enrolling and engrossing clerks and assist- 
ant door-keeper of the house of representatives, the sum of 
four dollars per day, any thing in the act to which this is 
a supplement to the contrary notwithstandhig. 

Approved February 15, 1851. 



AN ACT submitting to the people an amendment to the constitution. In force April 

IS, 1861. 

Whereas at the last session of the general assembly an Preamble, 
amendment to the constitution of this state was proposed in 



1851. 103 

the senate, and agreed to by two-thirds of all the mem- 
bers elect previous to the general election held for mem- 
bers of the house of representatives, on the Tuesday next 
after the first IMonday in November, eighteen hundred 
and fifty, and referred to the present session of the gen- 
eral assembly, and agreed to by a majority of all the 
members elect, in each branch thereof; which amend- 
ment was and is proposed as a substitute for, and to stand 
in the place of the fifteenth article of the constitution ; 
which amendment is in the words and fifjures followiner, 
to wit : 

"Article 15. 

" There shall be annually assessed and collected, in the 
same manner as other state revenue ma}' be assessed and 
collected, a tax of two mills upon each dollar's worth of 
taxable property, in addition to all other taxes, to be ap- 
plied as follows, to wit : The fund so created shall be kept 
^. . separate, and constitute a sinking fund, to be used in such 

manner as may be prescribed by law, for the purpose of 
purchasing, in open market, any of the indebtedness of the 
state, bearing interest, other than the canal registered in- 
debtedness, the school indebtedness, [and such other ir- 
debtednes] as is not fully recognized by thi^ laws of the 
state ;" therefore, 

Section 1. Be it enacted by the people of the State of 
Araendmeni Illinois, represented in the General A.ssemhly, That the 
the'peo )ie '"^ Said amendment be submitted to the people at the general 
election to be held on the Tuesday next after the first Mon- 
day in November, in the year one thousand eight hundred 
and fifty-two, for the adoption or rejection, in manner fol- 
lowing : It shall be the duty of each elector voting at said 
Twket. election for members of the house of representatives in the 

several counties in this state, to cause to be written or 
printed on his ballot the word " adopt," or '• reject," as 
he may vote for or against said amendment. 
fnerkof eiec- § 2. When the judges of election, or board and clerk, 
t on, duty of. shall canvass the votes polled at the places, respectively, 
of holding said election, and shall have made the ballots to 
agree with the poll list as aforesaid, in the 17th section of 
the act passed on the twelfth day of February, eighteen 
hundred and forty-nine, entitled "An act to provide for the 
mode of voting by ballot, and for the manner of returning, 
canvassing and certifying votes," the clerks shall carefully 
mark down, in a column provided for that purpose, appro- 
priately headed, the number of votes cast in favor of the 
proposed amendment, and designated by the word " adopt," 
written or printed on the ballots, and shall also carefully 
mark down in a column, to be appropriately headed, the' 



109 1851. 

whole number of votes ca?t for members of tlic house of 
representatives. 

§ 3. As soon as the number of votes given for the sai(_H"|'i^''-''s*o «*»'i- 
amendment and the whole number of votes sriven for mem- " 
bers of the house of representatives, at the respective pla- 
ces of holding said election, are ascertained, the judges, or 
board of election, shall make out a certificate, under their 
hands, stating the number of votes given for said amend- 
ment, and the whole number of votes given for members of 
the house of representatives, in the form and manner pre- 
scribed in the twenty-third section of the thirty-seventh 
chapter of the Revised Statutes, entitled " Elections," and 
shall cause said certificate, sealed up, as now required by 
law, to be delivered to the clerk of the county court, witiiin 
the time and at the places now required by law for th.e re- 
turns of elections. 

§ 4. When the clerk of the county court shall have<^'i"k towrtifj. 
received the returns of the several precincts of his county, 
he sliall canvass the same, and certify, under the seal of his 
office, the number of votes given for said amendment in 
the county of which he is such clerk, and also the whole 
number of votes given In such county for members of the 
house of representatives, and shall transmit the same by 
mail to the office of the secretary of state, indorsed "vote of 
the county on the amendment of ihe constitution." 

^ 5. Upon the receipt of the said returns from all the Piociumation. 
counties in the state at the office of the secretary of state, 
he shall so inform the governor, and in the presence of the 
governor shall open and canvass the said returns; and if a 
majority of all the votes cast for members of the house of 
representatives shall be in favor of said amendment, he 
shall so declare by proclamation, in all the newspapers 
j)rinted at the seat of government. , 

Approved Feb. 15, 1851. ■ 



AN ACT to amend an act entitled " An act piipplemental to an act entitled an act lu force Fob. 1 ?>, 

to provide for a sreneral system of railroad iucorporations," approved Noveuibcr 1851. 

J sixth, one thousand eiglit hundred and forty-nine. 

Section 1. Be it eyiaded by the j^eople of the State of^^^^ fo pny in 
Illinois, represented in the General Jissenibljj, That for 
the payment of the annual interest which may accrue upon 
any bond or bonds which may be hereafter issued by the 
county court of the courty of Jo Daviess, in payment for 
stock which may be subscribed by the said county, to the cap- 
ital stock of the Galena and Chicago Union Railroad com- 
pany, in pursuance of the provisions of the act to which 



1851. 110 

this is an amendment, the said county court shall be and 
they are hereby authorized and empowered to levy a tax, 
not exceeding four mills to the dollar, on the valuation of 
the real and personal property in said county ; which said 
tax shall be collectable and payable in gold and silver only, 
and be applied to the purposes aforesaid, and no other. 

§ 2. This act to take effect and be in force from and af- 
ter its passage. 

Approved February 15, 1851. 



In force Feb. 15, -^N ACT to change the time of holding courts in the fourth judicial circuit. 

1851. 

First judicial Section 1. Be U enacted by the people of the State of 

«ircuit. Itli?iois, represented in the General '-Assembly ^ That the 

fourth judicial circuit in this state shall be composed of the 
counties of Crawford, Lawrence, Richland, Clay, Effing- 
ham, Jasper, Cumberland, Coles and Clark; and that the 

Times of hold- courts of the fourth judicial circuit shall hereafter be held 

»ng cQur . .^ ^1^^ county of Crawford on the first Mondays in March 
and September; in the county of Lawrence, on the first 
Mondays thereafter; in the county of Richland, on the first 
Mondays thereafter; in the county of Clay, on the first 
Mondays thereafter ; in the county of Effingham, on the first 
Fridays thereafter; in the county of Jasper, on the first 
Wednesday thereafter; in the county of Cumberland, on 
the first Monday thereafter ; and in the county of Coles, on 
the first Friday thereafter; and in the county of Clark, on 
the first Saturday thereafter. 

Writs, Ac, re- § 2. That all writs, process and other proceeding made 
*uruabie. ^^ ^^ y^^ made returnable in the circuit courts of the said 
several counties, on the several days now fixed by law for 
the commencement of the terms of said courts, shall be 
regarded and held as returnable to the terms of the said 
circuit courts as hereinafter established ; and no such writ, 
process or other proceeding shall be quashed or set aside, 
or any cause continued, because of the omission of the re- 
turn day therein as fixed by this act. 

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

^^^'*°^"™^'^after its passage. And it is hereby made the duty of the 

secretary of state to furnish a copy of this act to the clerks 

of the several courts hereinbefore mentioned, immediately 

after the passage of the same. 

Laws repealed. § 4. All laws coming within the purview of this act 
are hereby repealed. 

Approved Feb. 15, 1851. 



Ill 1851. 

AN ACT to provide for the dedication of laud for coiuctary purposes. In force Ai^rH 

Section 1. Be it enacted by the people of the State of Uedicatiou of 
I l/inois, represented in tht General ^Issevibtt/, That any 
person or persons, desiring to dedicate any lot of land, not 
exceeding five acres, as a burying ground or place for the 
interment of the dead, for the use ol any society, associa- 
tion or neighborhood, may, by deed duly executed or re- 
corded, convey such land to the county in which it is situa- 
ted, by the corporate name of such county, specifying in 
such deed tiie society, association or neighborhood for the 
use of which the dedication is desired to be made, and 
tliereby vest tiie title to such land in perpetuity, for the 
uses stated in the deed, and such land shall be thereafter 
exempt from taxes for all purposes whatever. 

5 2. If any person shall wilfully or maliciouslv cut ^f"*'*y f*'' 

1 u 111 11 1-14-1 • 1 ^ damagea. 

down, break down, level, demolish or otlierwise destroy, 
injure, or damage any railing, fence or other inclosure 
around or upon any land conveyed under the provisions of 
this act, or any gate or post thereon, or shall remove, break, 
injure or deface any tomb or other stone, or any post, plank 
or board, or any inscription thereon, or shall cut down, des- 
troy, injure or remove any tree or shrub, standing or gr .w- 
ing upon such land, shall be liable to indictment, and. up- 
on conviction thereof, to be fined not less than ten dollars 
nor more than one hundred dollars. 

Approved Feb. 15, 1851. v;rf • ■!• = 



AN ACT making an addition to tlio county of Putnam. In force Feb. Ifj- 

1861. 

Section 1. Be it enacted by the people of the State of Addition. 
Illinois, represented in the General Assembly, That town- 
ship number thirty-one (31) and thirty-two (32,) north of 
the base line, and range one east of the third piincipal 
meridian, be and the same are hereby attached to the county 
ofPutiiam: Provided, always, that polls shall be opened at ^''°^'^- 
the several places of holding elections in the counties of 
Putnam and La Salle, at the next November election, to be^^Y/°"** ^ 
held on the Tuesday after the first Monday in November 
next, when and where the legal voters of said counties 
shall vote — those of the county of Putnam, for or against i 

receiving; those of the county of La Salle, for or agcunst 
annexing ; and if it shall be found, upon canvassing the 
votes, that a majority of the voters voting for or against in 
the county of Putnam are in favor of receiving; and a ma- 
jority of the voters voting for and against in the county of .is 



1851. 112 

La Salle are in favor of annexing, then, and from thence- 
forth, the said township siiall be and remain part and parcel 
of the county of Putnam. 
Gier'^ to trp.nE- § 2. It shall be the duty of the clerk of the county 
court, immediately after the polls of said election shall have 
been canvassed, to transmit a certified statement of said 
vote to the secretary of state, who shall file the same in his 
office. 

Approved Feb. 15, 1851. 



Biit returns 



111 I'orca April AIS ACT autlioriz^H^ incorporated cities to change, alter and vacate streets or part.^ 
IS, 1851. of streets. 

Corpomto au- Section 1. Be it enacted hy the people of th^ State of 

thonties, pow- _,,. . , r • ^i /-i i i i j mi i 

«rof. I ttmois, represented in ttie Lreneral t/issembfy, ihat when 

the corporate authorities of any city may deem it for the 
best interest of their respective cities that any street or 
part of a street shall be changed, altered or vacated, said 
authorities shall have the power, upon the petition of the 
property holders owning property on such street or part of 
street, to change, alter, or vacate the same, and to convey, 
by quit-claim deed, all interest which said city may have had 
in the street or part of street so vacated, to the owner or 
owners of lots and lands next to and adjoining the same, 
upon the payment by such owner or owners of all assess- 
ments which may be made against their lots or lands, for 
and on account of benefits to the same arising from such 
change, alteration or vacation of any street or part of 
street as aforesaid. 
Damages a-sses- ,n i>. The benefits and damages caused by changing, 
altering or vacating any street or part of street as afore- 
said, shall be. assessed and determined in the manner point- 
ed out by the act incorporating such city, or by the ordi- 
nances t!iereof in other cases. 
Approved Feb. 15, 1851. 



In forcG March AN ACT in relation to weights and measures. 

1, 1851. 

Weightof com. Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That from 
and after the passage of this act, whenever any Indian corn 
shall be sold by the bushel, and no specified agreement 



113 1851. 

as to the weight or measure shall be made by the parties, 
the bushel of corn sliall consist of fifty-six pounds. 

§ 2. This act to take effect from and after the first day 
of March next. 

Approved Feb. 15, 1851. 



AN ACT to establish the town of Florence ami Wesley, ami for other purposes. In for e Feb If. 

ISsl. 

Section 1. Be it enacted by the people of the State o/* Town estabiish- 
lltwois, represented in the General ^dssembly, That that ^'^^ 
portion of the town of Wilmington, in Will county, known 
and designated as township tliirty-three north, rano-e ten 
east, be and the same is hereby stricken off the s;nd town 
of Wilmington, and is hereby erected into and established 
as the town of Florence, with all tlie privileges and immu- 
nities of other towns heretofore organized or hereafter to 
be organized in counties where township organization has 
been or may be adopted : Provided, that this act shall in no 
way affect the collection of taxes heretofore levied in said 
town of Wilmington. 

§ 2. Said town of Florence shall hold its first annual Time of boMiH^ 
town meeting on the first Tuesday in April next, and no- ^"^" ineekiTi&'! 
tices thereof shall be given in accordance Vv'ith section nine 
of article first of an act entitled " An act to provide for 
township and county organization, under which any county 
may organize whenever a majority of voters of said coun- 
ty, at any general election, shall so determine," approved 
February twelfth, one thousand eight hundred and forty- E:eciion. 
nuiu ; and the voters of said town of Florence shail then 
proceed to organize and elect town officers, to fix the place 
of holding future town meetings, and may trr.ii^act S"ch ether 
business as other towns may under township organization. 
And v.'uen such towns shall have elected their said orficers, 
the said town shall thereupon be considered fully organized. 
That so much of the town of Wilmington, in Will county, 
as is contained in that part of town thirty-two, in range ten 
east of the third principal meridian, as lies north d the 
Kankakee river, be and the same is hereby set off from the -.^ ,0^^ ^f 
Wilmington township, and the inhabitants of said territory Wesley, 
so set off may organize in the same manner as is provided '^''^'"''"'''^ 
by this act, and enjoy all the privileges t' .u ihe said territo- 
ry might have done had they been crganized undor t!ie pre- 
vious organization : ml Miat said town be calk. i "W>s- 
ley;" also, that sucli ;,a.t of town ihirty-seven, lan-e ten, 
in Will cour.ty, a-^^ I'os case of the "Oesplf^n ■ x'vj^^^ shall 
be set t /or .';') Du ^jge township. . ,. 



nw 



1851. 114 

s^vretary of § 3. The Secretary of state shall forthwith furnish the 

ir^vS act?'''' clerk of the couuLy court of Will county with a copy of 
this act, and this act shall take effect upon its passage. 
Approved Feb. 15, 1851. 



la force Feb. 15, AX ACT to establish a state road from the town of Brooklyn, in the County of 
1851. sac, to tho town of Frankfort, in the county of Franklin. 



Mas- 



Commissioners Section 1. Be it enacted hy the people of the State oj 

»pp(.i.i ^ . lUin'tis^ represented in the General t,^sseinhhj ^ That Benas- 
ser Thompson, of Massac county; George W. Waters, of 
Pope county; John T. Davis, ofW^illiamson county, and 
George W. Aiken, of Franklin county, be and they are here- 
by appointed commissioners to lay out and establish a state 
road, which :jiiall commence at the town of Brooklyn, in the 
\3ounty of Massac, and run thence, on the most eligible route, 
i\.irough the county of Pope, to Sarahsville, in the county 
of Williamson, and thence through said county of ¥/illiam- 
son, on such ground as shall be selected by said commis- 
sioners, to the town of Frankfort, in the county of Frank- 
lin. 

To take oath. § 2. Said commissioners shall meet on or before the 
first day of June, one thousand eight hundred and fifty-one, 
at the house of the said John T. Davis, in the county of Wil- 
liamson, or as soon thereafter as may be practicable, 
and take an oath before some justice of the peace of the 
said county of Williamson, faithiuUy to perform the duties 
required of them by this act. 

To make plats. § 3. Wlien said Commissioners shall have viewed the 
said route for said road, and shall have established the same, 
it shall be their duty to make four plats of the same, and 
deposiie one of said plats with the county court of each of 

©lerk to record, the said counties of Massac, Pope, William.son and Franklin ; 
which said plats shall be recorded by the clerk of each of 
said counties respectively. 

Plats to be evi- ^ 4. When Said plats shall be so recorded as aforesaid, 
*'"*'"■ they shall be evidence in any of the courts of this state, of 

the establishment of said road. 
Approved Feb. 15, 1851. 



io force Feb. 15 -^^ •^^- *'° ''^'^t^ * '^^''■te road therein namod. 

1851. ' 

Commisiijners. Section 1. Be it enacted hy the peopU oj "^/^ State of 
Illinois, represented in the General t^sseffibly., '1 ..at Henry 



115 1851. 

Newton, of Adams county, and Stephen L. Weston, Isaac 
Gibson, of Hancock county, are hereby appointed commis- 
sioners to view, maik and locate a state road from the 
town of Lima, in Adams county, to the town of Warsaw, 
in Hancock county, on the best and nearest route, follow- 
ing, as near as may be practicable, the telegraph line. 

§ 2. Said commissioners, or a majority of them, shall t.. tnire oatL. 
meet at Warsaw, on the first Saturday in the month of 
March next, or within one month thereafter, and after being 
duly sworn before some justice of the peace of the state, 
faithfully to perform the duties of this act, shall proceed to 
lay out said road as provided in the preceding section, and 
shall designate the route of said road, by placing stakes in 
the prairie and blazes on the trees in the timber. The said 
commissioners shall, as soon as the road is laid out, make xoUv out road 
and file a report and plat of said road, showing tlie course 
and distances from point to point; vrhich plat, when so 
made, shall be certified by said commissioners, and a copy 
thereof filed in the offices of the clerks of the county- courts 
of said counties of Hancock and Adams. 

§ 3. The said commissioner shal' m; ke out and presentcim;* rsiiion. 
to the county court, or to the super\isors' court, whichever 
may be doing county business at the time, through which 
said road may pass, a certified copy of the time and number 
of hands necessarily employed in each county, and thereup- 
on it shall be the duty of said court to make a compensa- 
tion for the sums severally due, allowing to each commis- 
sioner the sum of one dollar and fifty cents, and to each 
hand one dollar, and to the surveyor two dollars per day, for 
every day necessarily employed in locating said road through 
their respective counties. 

§ 4. Said road, when so laid out, shall be and the same To h?astat« 
is hereby declared a state road, and shall be opened four '^°''^' 
poles wide, and kept in repair as other state roads. And 
it is hereby made the duty of the road commissioners, or su- 
pervisors of the respective counties, to proceed, immediate- 
ly after tlie location of said road, to work the same from the 
northern limits of the corporation of the town of Lima to the 
southern line of the corporation limits of the town of War- 
saw. 

^ 5. This act to take effect from and afier its passage. 

Approved Feb. 15, 1851. 



AN ACT to locate a stato road therein named. t ^ -n. , ., 

In force Feb. 15, 
1851, 

Se< TioN 1. Be it enacted hy the people of the State o/" eommissionew 
Illinois f represented in the General Assembly ^ That Wil- appointed. 



1851. 116 

Ham W. Ellis, of the county of Greene ; Sidney S. Dun- 
can, of Morgan county, and William Butler, of Sangamon 
county, be and they are hereby appointed commissioners 
to view, survey, mark and locate a state road from Spring- 
iield, in Sangamon county, to Waverly, in Morgan county, 
and to Carrollton, in Greene county, on the nearest and 
best road, doing as little damage as [possible] to private pro- 
perty. The said commissioners, or a majority of them, shall 
meet at Waverly, on the first Monday in April next, orwith- 

Totakeoatii. in three months thereafter; and, after taking an oath before 
some justice of the peace faithfully to perform the duties 
required of them by this act, shall proceed to view, mark 
and locate said road ; shall make a report of the location of 

Toiay out road, g^jj road, giving the most noted points thereon, and return 

Make report to ^ ^opy of said report to the clerk of the county court of 

*ountyc'erk. each of Said couuties througli which said road passes; 

which shall be filed by him in his office; and said road thus 

To be a state laid out is hereby declared a public state road, and shall be 
road. opened and kept in repair in the same manner as other 

public roads are. 

Ooiiipjnsation. § 2. The county courts of the respective counties 
through which said road shall be located, shall cause to be 
paid to the said commissioners a reasonable compensation 
for their services, out of the county treasury; eacii county 
to bear her equal proportional part of said expense, ac- 
cording to the distance said road passes through the same* 
Approved February 15, 1851. 



in force April AN ACT to o.meiia chaoter tairtj -nins of the Revised Statutes, entitled "' Estrajs." 
IS, 1851. 

Bstrays to b5 Se. TioN 1. Be /.' cuacte I by the people of the State of 
**'''■ Illinois^ represented hi th? 'General ^dssemhly^ ThatitshaH 

be lawful for any person taking up an estray or fattened 
hog, between the first of November and first of March, af- 
ter complying with the provisions of sections one and three 
of the act to \vhich c'.iis is an amendment, and stating on oath 
that he believes said e;^ \iy has strayed from some drove, if 
no owner shall appear to prove said estray within the time 
specified in said notice, to sell said estray to the highest bid- 
der, after giving public notice of such sale ten days previous 
thereto; the proceeds to be disposed of as now provided by 
law in other cases. 

Approved Feb. 5, 1851. 



117 1851. 

AN ACT iu relation to the election of constables in the township of Waukegan. in In force Fc b. 1», 
Lake county. 1861. 

Section 1. Be it enacted by the people of the State r/*^'«"°'=''^''^stobe 
Illinyh, represented in the General Asscmhly, TJiat at the ^'^*®'' 
annual town meeting in April next it shall be lawful for the 
legal voters of the township of Waukegan, in Lake county, 
to elect three constables; and any person who shall be a le- 
gal voter in said town, at such town meeting, shall be elio-i- 
ble to the said office of constable. 

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

Approved February 15, 1851. 



AN- ACT to amend an act entitled "An act authomino;the buildin- of two bridges Tn for,.^ PpI, i ' 
across Fevre river, m the city of Galena," approved January sixteenth, one thou- iq.-:, "'• 

sand eight hundred and forty-seven. loji. 

Section 1. Be it enacted by the people of the State of County to bu. 
Illinois, represented in the General ^sseinbly, That the ^'^^'^e°^- 
county court of the county of Jo Daviess be and they are here- 
by authorized and empowered to contract with the authorities 
of the city of Galena, for the purchase of the two toll- 
bridges across Fevre river, within the limits of the said 
city, upon such terms as maybe mutually agreed upon be- 
tween the said county and city, and for the payment of the 
purchase money therefor, the said county court be and they '^"^ ^^'"« '^'^"'•' • 
are hereby authorized to issue the bonds of the said coun- 
ty, running for the period of ten years from the date there- 
of, and bearhig interest, payable* annually, at and after the 
rate of six per cent, per annum. 

§ 2. That from and after the purchase of the said Crir-g.^fre^. 
bridges by the said county court, as herein before provided, 
the said bridges shall be and forever remain free from toll 
or assessment, for the crossing of all persons and property, 
any thing in the act to which this is an amendment to tlie 
contrary notwithstanding. 

Approved February 15, 1851. 



AN ACT to create the town of Mendon, in the county of Adams. In Air«e Fe' . f .' 



Ibol, 



Section 1. Be it enacted by the people of the State o/"t'b:m;e town. 
Illinois, represented in the General Assembly, That so much 
of the town Ursa, in Adams county, as lies cast of a line 
commencing at Bear creek, on the north side of said town, 



1851. 118 

and running south to the base line, including the four tiers 
oF sections on the east side of said town of Ursa, be 
stricken off said town of Ursa. 
ManJon crea- § 2. The Said four tiers of sections so stricken off be 
'^^- and the same shall constitute a town, to be called the town 

of Mendon. 

§ 3. There shall be an election held in the town of 
Mendon, at their usual place of voting in said town, on the 
first Tuesday in April next, for the same township officers 
that all other townships are now entitled to by law. 

§ 4. And such township officers, when elected, shall 
be entitled to the same fees and shall exercise the same 
jurisdiction, and, moreover, shall be subject to the same 
penalties, as the township officers now in office. 

§ 5. This act to take effect and be in force from and af- 
ter its passage. 

Approved Feb. 15, 1851. 



Klection. 



Powers of offi 
lien . 



I f ic'Fcl) 15 ^^ ^^^ to add a part of the territory of Cliristian county to Shelby county. 

1851. 

Preamble. Whereas a majority of the voters residing in township ele- 
ven north, range one east, in Christian county, have peti- 
tioned that said township be attached to the county of 
Shelby ; therefore, 

Counties ...han- Section 1. Be it enacted by the people of the State of 

*^- xilinois, represented in the General Assembly, That said 

township eleven north, of range one east, in Christian coun- 
ty, be stricken therefrom, and added to the county of Shel- 

Pi-oviao. by : Provided, that an election shall be held in tiie county 

of Christian on the first Monday of July next, at the usual 
places of holding elections, to vote for or against the stri- 
king off the said township from the county of Christian ; 

Election. and^on the first Monday of July next, an election shall be 

held in the county of Shelby, at the usual places of holding 
elections, to vote for or against receiving the said town- 
ship as a part of the county of Shelby : And provided, 
farther, that a majority of all the legal voters of the county of 
Christian, voting on the question at said election, shall be 
in favor of striking off said township, and that at said elec- 
tion a majority of the voters of Shelby county shall be in 
favor of receiving the said township, then the said town- 
ship eleven north, of range one east, shall be added to the 
coiiiity of Shelby. 

Hjv, held. § 2. The election to be held as provided in the forego- 

ino- section shall be conducted, notices given and returns 
mad ; in the same manner as is required by the thirty- 



119 1851. 

seventh chapter of the Revised Statutes, entitled " Elec- 
tions," and " An act to provide the mode of voting b}' bal- 
lot, and for the manner of returning, canvassing and certify- 
ing votes," approved Feb. 12, 1849. 

§ 3. It shall be the duty of the clerk of the county Clerk to mak« 
court of Christian county, so soon as the results of said '"'^'"''"• 
election shall be ascertained, to make a certificate thereof, 
under the seal of the court, and transmit tlie same to the 
clerk of the county court of Shelby county, and the clerk 
of the county court of Shelby county shall, also, as afore- 
said, make out and transmit to the clerk of the county 
court of Christian county a certificate of the result of the 
election in said county ; which certificates shall be entered 
upon the records of each of said courts, and each of said 
clerks shall also enter upon said records the result of said 
elections in his respective county, at the next term of the 
court after said elections. 

§ 4. This act sliall be in force from and after its pas- Copies to b« 
sage, and a certified copy thereof shall be transmitted to ^'■'"ismitted. 
the clerks of the county courts of Christian and Shelby 
counties, by the secretary of state, immediately after the 
passage. 

Approved February 15, 1851. 



AN ACT to legalize assessments heretofore and hereafter to be made. In force Feb. l.'i. 

1851. 

Section 1. Be it enacted by the jjcople of the State o/' Assessment* i« 
Illinois, represented in the General Assembly, That where sailed. 
any county or township assessor has heretofore failed, or 
shall hereafter fail to complete or finish liis assessment in 
the time required by law, such failure shall not vitiate such 
assessment, but the fame shall be as legal and valid as if 
the same had been completed in the time required by law : 
Provided^ that this act shall not release any such assessor 
of any county or township from any liability imposed by law 
for the non-fulfilment of his duty. 

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

Approved Feb, 15, 185L 



AN ACT to authorize the receipt of the outstandinj!; notes of the old State Bank of In force Feb \h, 
lUinois, into the treasmy of this state. 1851. 

Section 1. Be it enacted by the people of the State of Treasurer to r*- 



ceive bills of 



Illinois^ represented in the General Assembly, That the oid state bank 



1851. 120 

treasurer of the state be and he is hereby authorized and 

required to receive as revenue such outstanding notes or 

bills of the State Bank of Illinois as were issued under the 

provisions of an act of the general assembly of this state 

entitled "An act establishing the State Bank of Illinois," 

passed A. D. eighteen hundred and twenty-one, and shall 

allow the two per cent, interest thereon authorized by said 

act. 

Tbe same to be § 2. The treasurer shall register and cancel said notes, 

reniistereri an^i g^j^^ return the Same to the auditor's office, and the auditor 
©ancellec. i • ^ i 

shall pass the same to the credit of the treasurer, as is now 

required in cancelling and returning auditor's warrants. 

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

Approved February 15, 1851. 



Infisrce Feb. 15 -^^ ACT for closing the affairs of the Bank of Illinois. 

1851. ' 



Saccessors to as- Section 1. Be it enacted hy the jieojile cj the State of 
Mgnees. Illinois, represented in the General *,^ssemblij. That Wil- 

liam Brown, Joseph Gillespie and Albert G. Caldwell, or 
either of them who may give bond in pursuance of an or- 
der or decree of the circuit court of the United States for 
the district of Illinois, rendered at the last term of said 
court, shall be held, deemed and considered as the legal 
successor or successors of the assignees of the Bank ol Illi- 
nois, and as such shall have the right to sue and be sued, to 
prosecute and defend all suits already brought in the name of 
said assignees, and to sue out executions on all judgments 

Their powers, rendered in favor of the said Bank of Illinois, or the as- 
signees of said bank ; which execution shall issue in the 
names In which the judgments have been rendered, for the 
use of the said successors, and be controlled and collected 
by the said successor or successors, as they might have 
been by said bank or said assignees, at the time said judg- 
ments were rendered. 

Ag>sntsmay be § 2. Said successor or successors as aforesaid may apr 

•fiwinted. point as man}' agents as he or they may deem necessary, to 

assist in the collection of the debts due said bank, or the 

management of the real estate thereof, as he or they may 

find necessary. 

Sale of real es- § ^' Said successor or successors shall have the same 

tate. right to sell and convey all the real estate belonging to the 

fund of said bank, whether acquired by said bank or by the 
assignees thereof, as said assignees have heretofore had. 



121 1851. 

Q 4. Said successor or successors shall have the rif^ht '^'^°^P''<^n'i*^"- 
to make such compromises as tliey may deem proper, of the 
debts tUie the said bank, having a due regard to the riglits 
of the ci editors of said bank. 

§ 5. This bill shall take effect from and after its pas- 
sage. 

Approved Feb. 15, 1851. 



AN ACT to provide for the assessment of property in the city of Qiiincy for state taxes, In ftr « Jeb. 1», 
and for tlie eollectiou of taxes therein for the year one tliousand eight hundred and 1^51- 

fifty, and for subsequent years, and for exempting; the city of Quiney from the op- 
eration of the law authorizing township organization. 

Section 1. Be it enacted b;j the people of the State q/"^''*^ "^.^^f* '** 
Illinois^ represented in the General ^^Jssembly, That it taxes. 
shall be the duty of the city assessor, for the time being, of 
the city rf Quiney to assess all property, real and personal, 
within the limits of said city, for state taxes of the year one 
thousand eight hundred and fifty, and each and every sub- 
sequent year ', said assessor first being sworn faithfully to 
discharge the duties appertaining to such office as now pro- 
vided by law in the case of county assessors. 

§. 2. Tl.at it shall be the duty of the city collector ofCityeoUector tc 
saidcityof Quiney to collect the state taxes forthe year one tases.^*^ 
thousand eight hundred and fifty, due on the property within 
the limits of said city, as assessed by the assessor, as provi- 
ded for in the forefroing section ; and also that the succes- 
sor or successors of said collector shall hereafter collect all 
state taxes which may be assessed against the property with- 
in the said city limits, he or they first giving bond as is now 
required by law to be done by sheriffs, who are ex officio 
collectors in their several counties, and subject to all re- 
strictions and requirements of the revenue laws now in 
force. 

§ 3. That the city of Quiney shall be exempt from the Exemption frocs 
provisions of the act for township organization, heretofore gauriraUon.^"^ 
passed or that may be hereafter passed : Provided, that 
nothing in this act shall prevent the legal voters in the city 
of Quiney from voting on township organization at the reg- 
ular election held by the county for that purpose. 

Approved Feb. 15, 1851. 



1851. tM 



la foccFcb. 15, AN ACT to amend the 24th chapter of the Revised Statutes, entitled "Conveyances." 
1S51. 

Certificntoof of- Section 1. Be it euactecl hy the people of the State of 
<'t"^'justicrnot •^''''^''"^^'■^' represented in the General >ji^sembly, That all 
requjred. deeds, mortgages and other instruments in writing, relating 
to or effecting any lauds, tenaments or hereditaments, sit- 
uate within this state, which have been executed and ac- 
knowledged before any justice of the peace of any county 
in this state, other than the one in which such lands, tena- 
ments or liereditaments lie, and which have been recorded 
in the county where such lands, tenaments or hereditaments 
do actually lie, shall be adjudged and treated by all courts 
, r .7. , as legally executed and recorded, notwithstanding there is 

' no certificate attached to said mortgage or other instruments 

by the proper officer, that the justice of the peace before 
whom said deed, mortgage or other instrument was ac- 
knowledged, was at the time of the said acknowledgment 
an acting justice of the peace of the county in which said 
deed, mortgage or other instrument purports to have been 
acknowledged. 
Notice to pur- § 2. That the record of all such deeds, mortgages or 
other instruments in writing, so acknov/ledged as aforesaid, 
shall be taken, and the same is hereby declared to be good 
and effectual in law to charge any purchaser, mortgagee, 
or creditor, with notice of the existence of such deed, 
mortgage or other instrument in writing, from and after the 
time when such deed, mortgage or other instrument was ac- 
tually filed for record in th.e proper office. 
Cortifiel copiss, § 3, That Certified copies from the said record, proper- 
e ectu . jy authenticated, shall be received in all courts and places 

as evidence of the due execution and recording of every 
such deed, mortgage or other instrument in favor of the 
person or persons who claim or desire to deduce a title un- 
der any such deed, mortgage or other instrument, against 
all persons denying such title or claiming adversely to the 
Proviso. same : Provided, however, that the person or persons offer- 

ing in evidence any such deed, mortgage or other instru- 
ment, shall exhibit, with a certified copy of the same, a certi- 
ficate of the clerk of the county court of the county where 
such deed, mortsacje or other instrument was acknow- 
ledged, that the justice of the peace before whom the same 
purports to have been acknowledged, was, on the day of 
the date of such acknowledgment, an acting justice of 
the peace of the said county, duly elected and qualified. 
Duty of clerk. § 4. That it shall be the duty of the proper clerk, on the 
presentation of a certified copy of every such deed, mort- 
gage or other instrument, at the request of the person who 
desires to use the same as evidence, and upon tender of his 
reasonable fees, to annex the certificate required by the 
preceding section to such deed, mortgage or other instru- 



123 . 1851. 

ment, whenever the records and files of his office show the 
official character of sucii justice of the peace. 

§ 5. And be it further enacted, That a certified copy ^jV;-' ;'^';;'j"*' 
of any deed, mortgage or other instrument affecting any w; .tthe 
real estate situate within this state, which has been ac- ^^'^'^"• 
knowledged without this state, in conformity with the laws 
of the state where such deed, mortgage or other instru- 
ment was acknowledtrfd, and which has been recorded in 
the proper county in this state, shall be evidence in all 
courts and places : Provided, the party offering such cer- P'oviso. 
tified copy in evidence will exhibit with the same a certifi- 
cate of conformity, as provided for in sixteenth (16) sec- 
tion of chapter twenty-four (24) of tlie Revised Statutes, 
notwitlistanding said certificate of conformity has never 
been recorded. 

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

Approved Feb'y 15, 1851. 



AN ACT requiring the sheriff of Sangamon county to pay certain fines to tho trcas- InfovccFeb. 16, 
urcr of the city of Springfield. 1S51. 



anion to 
vcr cei- 



Section 1. Be it enacted by the people of the State <y "!!^!"^,^"'^f ^^ 
Illinois, represented in the General Asscmblij, That all i) > over 
fines and forfeitures collected of any citizen of the city of ''^*"'^"<^^ 
Springfield, arising out of any indictment in the circuit court 
of Sangamon count}', for any offence committed in said city, 
shall be paid over to the treasurer of the city of Springfield 
by the sheriff or other officer collecting the same. 

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

Approved February 15, 1851. 



AN ACT to amend Revised Statutes, chapter 81, entitle! "Penitentiary." In force Feb. 15^ 

1861. 

Section 1. Be it enacted by the people of the State o/'F-^es allowed t<j 
Illinois, represented in the General Jissembly, That here- '''-''• 
after sheriffs shall be allowed, as a compensation for their 
services in carrying convicts to the penitentiary from any 
county in this state, the following fees, payable out of the 
state treasury, viz : Where only one convict is conveyed, 
at and after the rate of thirty-five cents for each and every 
mile necessarily traveled in going to the penitentiary from 
the place of conviction ; where two convicts, tried and con- 



1851. 



• 124 



Aots rtp3aL-d. 



victed at the same term, and conveyed by the said sheriff, lie 
s'lall receiv^e at and after the rate of thirty-five cents per 
mile for the first, and twenty cents per mile for Ihe second 
convict ; where more than two are convicted at the same 
time, and conveyed to the penitentiary by the sherifTas afore- 
said, he shall be allowed thirty-five cents per mile for the 
first, twenty cents per mile for the second, and fifte^'n cents 
per mile for each of the residue. 

§ 2. All laws coming in conflict with the provisions of 
this act are hereby repealed. 

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

Approved Feb'v 15, 1851. 



In torceFeb.l'', AN ACT to exempt members of the fire department of Waukegan, Lake county, II- 
18J1. linois, from serving as jurors. 

Exemption. Section 1. Be it eiiactcd hij the people of the State uf 

Illinois, represented in the General Jhseinhly^ Tliat the 

-, ., members of the fire department in the town of Waukegan, 

in the county of Lake, be and they are hereby exempted 
from serving as grand or petit jurors in the said county, 
so long as they may continue members of said department, 
an}^ thing in any laws of this state to the contrary notwith- 
standing. 

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

Approved February 15, 1851. 



In forci- Feb. ] 5, 
1S51. 



AN ACT to attach certain townships therein ramefl, for school purposes. 



Frac ion 1 town- Section 1. Be it enacted^ hy the people of the Slate of 
P a ac ^ • jiiiyiQ^;.^ represented in the General >dssembly^ That here- 
after fractional township twenty-three north, range tliree 
east, in Carroll county, be and the same is hereby attached 
to township number twenty-three, range four, in said coun- 
ty, for all school purposes, as it now is for election pur- 
poses. 

Approved February 15, 1851. 



125 1851. 

AN ACT to allow the county court of Iruquuis county to levy a tax. In force Fob. la, 

Ihol. 



Skction 1. Be it enacted by the people of the State o/" t-"pccK;i tax au- 
'inois, represented in the General ,/iHsemhbj ^ Tliat the 



Si 

couaty court of Iroquois county, be and they are hereby 
authorized and empowered to levy a special tax of one mill 
upon every one hundred dollar's worth of real or personal 
property in said county subject to taxation; said tax may 
be levied by said court by a special order, to be entered 
upon their records, at any regular or special term of said 
court. 

§ 2. The assessor of said county for the year A. D. one Duty of assessor, 
tliousand eight hundred and fifty-one shall enter the afore- 
said tax in a separate column, upon all real and personal 
property contained in Ids list, in the same manner as the 
entry of other taxes is made, and shall make return thereof 
at the same time and in the' same manner as his returns are 
made for state and county taxes, and the same shall be col- ^farmer of col- 
lected in the same manner and at the same time, in all res- '"^^"°"- 
pects whatsoever, as state and county taxes are collected, 
except that the same shall be payable only in gold and 
silver. 

§ 3. The s<aid taxes so collected shall be kept by the Appropriation 
treasurer of said county as a separate fund, and shall only *■ '^^'^' 
be appropriated, under the orders of the county court of 
said county, to the following objects, to wit : 

First. To the payment of debts incurred by reason of 
building the court-house in said county. 

Secundlij. If any surplus remains, the same may be ap- 
plied in building a jail for said county. 

§ 4. The secretary of state shall forthwith frunish to Dutyof fcercta- 
tlie clerk of the county -'oart of Iv-oquois county a certi- 't ^f state. 
tied copy of this act. 

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

Approved Feb. 15,1851. 



AN A<'T to ameml tlic act entitled " An act to provide for the riglit of way for the j-^^ force Feb. ly 
purposes therein expressed," approved February twelfth, A. D. one thousand eight ]S51. " ' 

huuii.'ed and forty-nine. 

Section 1. Be it enacted by the people of the State of Time extended. 
I/linuis, represented in the General t-^ssevibly, That the 
third section of said act be amended so as to extend the 
t;me fo? its completion five years from and after the pas- 
sape of this act. 

APPROVED Feb'y 15, 19.^1. 



1851. 126 

fn force Feb. 15. AN ACT to legalize the assessment of taxes in Monroe county. 

1851. 

Assessment le- Section 1. Beit enacted by tJic 2)eople of the State of 

ua izL . Illinois^ rejjresented in the General Assembly^ That the 

assessment of taxes in and lor the county of Monroe, in 

this state, for the year A. D. one thousand eight hundred 

and fifty, be and the same is hereby legalized. 

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

Approved Feb. 15, 1851. 



•ervices. 



In force Feb. 15, AN ACT to pay a state's attorney therein named for services. 

1851. 

Preambk. Whereas it has been made to appear that Charles Gardner 
has performed the duties of state's attorney, during the 
sessions of the Lake county circuit court, under the ap- 
pointment of the judge holding the said court; therefore, 
^'K^^^f^^Vd Section 1. Be it enacted by the people of the State of 
ner'for'isgai IlUnois^ represented in the General Assembly, That the 
said Charles Gardner be and he hereby is allowed for his 
said services as such state's attorney the sum of seventy- 
five dollars, to be paid to hiin out of any moneys not other- 
wise appropriated in the treasury ; and the auditor of pub- 
lic accounts is hereby autliorized and required to draw his 
order on the treasurer in favor of said Charles Gardner, 
for said sum of money, and deliver the same to said Gard- 
ner, or his attorney, upon demand. 

This act to be in force from and after its passage. 
Approved Feb. 15, 1851. 



In force Feb. 15, ^^ -^CT to permanently locate a part of a state road in the county of Bond. 
1851..' 

State road cf tab- Section 1. Be it enacted by the people of the State of 
'^ ^ ' Illinois^ represented, in the General Jlssembly^ That so 

much of the roan from Vandalia to Greenville, beginning at 
the Fayecte county line and running v estwardly to the 
east side of John Hall's grove, a distance of about seven 
miles, as now tiaveled and kept in repair, be and the same 
is hereby [declared] a state road, and the same shall be kept 
in r:ipa'r as other s'.ate roads. 

§ 2. Th; 3 act shall take effect from and after its pas- 
sage. 

AppRovi^D Feb. 15, 1851. 



127 1851 

AN ACT to pay the expenses of two joint select committees therein named. Info ^Ic',). 16, 

Section 1. Be it enacted by the people uf the ^7a/e c"^ "^i"-- "'•'"''°" 
Illinois.) represented in, the General Jissemblij. That the m iiccs^ 
auditor of public accounts be and lie is hen by directed to 
issue his warrant upon the treasurer for the sum of fift}' 
dollars, in favor of end to each of the joint select commit- 
tee, to wit: J. L. D. Morrison, A. J. Kuykendall, J. C. 
Davis, H. Patterson and John Carlin, appointed by the 

Esneral assembly to visit the dykes opposite the city of St. 
ouis, and who did, in accordance with such appointment, 
visit said dykes; and, also, in favor of and to each of the 
joint select committee, to wit: II. S. Osborn, Newton 
Cloud, William Reddick, P. Maxwell, W. S. Jones, W. 
Farrell, Daniel Wilson, H. Swan and J. C. Moore, all of the 
necessary expenses of and actually paid out by each meir- 
ber of said committees, to be determined by the certificate 
of each member thereof, to be filed with the auditor before 
the warrants shall be drawn. 

§ 2. That the treasurer be and he is hereby directed to Payment?. 
pay the warrants directed to be issued by the foregoing 
section, from any funds now in the treasury not expressly 
appropriated. That the sum of eleven dollars twenty-eight -'^Pi^i'i^"''^^'"" 

. ^ to Joliii AVi ■- 

cents be and the same is Jiereby allowed to John Williams, uams. 
of Springfield, for articles furnished the constitutional con- 
vention. That the sum of seventeen dollars thirteen cents '^^ ^^•■'^ ^'- ^'• 
be and the same is hereby allowed to Maro M. L. Read, for 
articles furnished t!ie agent of the state in using the rail- 
road from Springfield to the Illinois river. 

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

Approved Feb. 15, 1851. 



AN ACT to amend an act. in force April tlurtecn*'i, one thousand eight bnndred and In force Feb. If- 
fort3'-nine, entitled " An act to establish a;. d maintain common sehouls." 1851- 

Section 1. Be it enacted hy the people of the State of ^ec. 13 of sehcf s 
Illinois, represented in the General Assembly, That sec- ^^^«°»«"'^'^^- 
tion eighty-three of an act, m force April thirteenth, 
eighteen hundred and forty-nine, entitled "An act to 
establish and maintain couuion schools," be and the 
same is hereby so amended thr t a majority of the legal vo- 
ters voting at any meeting legally convened for levying a 
tax, may levy such tax for any of the purposes specified in 
said a ^4, auy thing therein . ontained to the coal rary not- 
withstanding. 



1851. Its 

Time of notice. ^ 2. That the notlce required by the eighty-second sec- 
tion of said act, for the purpose of convenuiga meeting to 
vote upon the question of taxation, shall be twenty days' 
notice, instead of ten days, as now provided by said sec- 
tion ; and said notice shall, in addition to what it is now 
required to contain, substantially set forth the provisions of 
the first section of this act. 

Tax for build- § 3. That hereafter it shall be lawful for any school dis- 
Eef.'^*°' "" trict in this state to levy, in the manner provided by this 
act and the act to which this is an amendment, for the pur- 
pose of building or repairing school houses, the sum of 
one dollar on each hundred dollars' worth of taxable proper- 
ty in the district. 

Pa" of pct'O'i § 4. That so much of section sixty-nine of the act 
i.iw repealed, aforesaid as requires the written consent of the district 
directors to authorize children to be sent from one school 
district into another to attend school, be and the same i« 
hereby repealed, and hereafter children may be sent from 
one district to another as contemplated by said section, un- 
less a majority of the directors of one of the districts inter- 
ested shall object, in writing, by them signed, to the teacher 
to whom such children are sent or proposed to be sent ; in 
which case such teacher shall forthwith notify the parents 
or guardians of such objection, and discharge or refuse to 
receive such children. 

Certificates cf § 5. That hereafter no i)erson shall receive in this state 
Ji"'*V^'^"'^"^"''° a certificate of qualification as a common school teacher 
who is not competent to teach all the seven branches enu- 
merated in section thirteen of the act aforesaid, and so 
much of said act as authorizes district or township officers to 
examine teachers is hereby repealed, and hereafter school 
commissioners in all such examinations shall associate with 
them one or more competent person?, who shall assist in 
the same, and countersign all certificates of qualification 
given by such commissioners. 

Ssaioi dirccfo s § 6. That hereafter the bo?;rd of directors in each and 
to iw a body every school district in this stute shall be deemed and are 
hereby declared a body politic and corporate, by the name 
of " school directors of district number , town- 
ship , range , county of , state of Illinois," 

and by that nama may sue and b3 sued, plead and be im- 
pleaded, answer and be answered unto in all courts and 
places whatsoever, and to have perpetual succession. 

District coiiec- § 7. That iii school districts where directors employ 
iior.'^^f^ teach- ^^^^^^^^^ ^"^^ ^ Stipulated mont'ily compensation, the inhabi- 
crs' wages. tants, legal voters, may, at the reg;ula? election of directors, 
also elect in the sam.e manner a coEi 3tor of teachers' wa- 
ges, and at the close of each schoo term contrptoted for 
the directors shall hold a meeting, tea Jays' notice of wliich 
shall have been previously given in writing, 'n thre 3 public 



129 1851. 

places In the district, at whicli meeting the patrons of said 
school may appear and pay their dues ; and tlie teacher 
shall also appear and exhibit the amount due from each pa- 
tron, made out from tiis schedule, kept as required bylaw, 
charging each patron according to the number of days seiit ; 
at which time, also, said directors may hear proof and abate 
the dues of any indigent person not able to pay such dues, 
and deduct the amount of such abatements from the amount 
of school funds due upon said schedule, and after deducting 
the balance of the school funds due on said schedule, if 
any, from the bills due trom the patrons^ in just proportion, 
they shall deliver the unpaid bills so credited to said collec- 
tor of teachers' wages, who shall proceed to make imme- 
diate demand of payment, and in ten days after such de- 
mand to col!'3ct the same by distress, in the same manner 
as is now provided by law for the collection of state and 
county taxes; and said collector shall give bond, payable to 
said directors for the use of the district, in the sum of three 
hundred dollars, conditioned for the faithful performance of 
his duties. 

§ 8. Such collector shall be allowed six per cent. uponFerg of coiiect- 
the bills collected by him without distress ; and where dis- *^''' 
tress is made, the same fees as are allowed in like cases to 
collectors of state and county taxes ; in both cases be col- 
lected as costs from the delinquent. 

§ 9. That if any officer whose duty it Is, shall negli- Penalty for neg- 
gently or wilfully fail to make, in the time and manner re- 't'^' of J"ty- 
quired by law, the report, or discharge the duty enjoined 
upon him by way of furnishing information necessary to 
enable the state superintendent to make his biennial report 
in the time required by law, such delinquent shall be liable 
to a fine of twenty-five dollars, to be recovered before any 
justice of the peace, on information in the name of the peo- 
ple of the state of Illinois, for the use of the proper county. 

§ 10. Township treasurers, or any other officer or officers Treasurers not 
who may be required to disburse any of the school funds J.^ BcheckreT^ 
according to the laws in force, shall not pay any mone3'S on unless jiroperiy 
schedules of schools not certified In proper form by the dis- '^"^''^'^*^- 
trict school directors. 

§ 11. That all that part of section eighty-four of sald^^''' "^ ^^*= ^■ 
act entitled " An act to maintain and establish common repealled! 
schools," approved February twelfth, eighteen hundred and 
forty-nine, and in f^rce April thirteenth, eighteen hundred 
and forty-nine, as requires the county courts of each coun- 
ty to pay the school commissioners of their respective coun- 
ties an amount not exceeding two dollars per day for each 
day, not exceeding fifty day? per year, while engaged in 
the discharge of iheir duties as ex officio superintendents 
of schools, be and the^ame is hereby repealed : Provided, proviso. 
that said school commissioners shall not be required to 
9 



1851. . 1^0 



perform the duties of public lecturer when they receive no 
compensation. 

Re-sde of lands. § 12. Where any school commissioner of any county in 
this state shall have" bought any school or other lands, for 
any debt or debts due the school fund in such county, the 
school commissioner may re-sell the same, under the provi- 
sions of the school law of this state regulating the sale of 
school lands. 

§ 13. Where the inhabitants of any school district shall 

^relSts sub- vote a tax upon their district for school purposes, according 

ject to taxation ^Q pj.Q^-gjQjjg of this act, the tax SO voted shall be levied 
and collected upon the property in said district belonging 
to non-residents, at the same rate and in the same manner 
that the tax is levied and collected on the property of resi- 
dents of such district. 

Peraons whose § 14- That in elections under the provisions of the 
residence is gchool laws of this statc, persons whose residence is tem- 
Srd7J£porary, or who reside therein for the purpose of being edu- 
cated, shall not be computed as mhabitants of the district, 
nor entitled to vote in said district in levying a tax for 
school purposes. 

Approved Feb. 15, 1851. 



Tn force Feb. 15 -^^ ^^*^^ '^^ relation to the records of the counties of Carroll and Putnam. 



1S51. 



Indexes to re- Section 1. Be it enacted by the people of the State of 
corder's books, /^/^-^ozs, represented in the General Assemhly, That the 
county court of Putnam county and the board of supervi- 
sors o"f the county of Carroll be and they hereby are au- 
thorized, each of them, to employ a competent person to 
make a complete index to the records in the recorder's office 
of their respective counties. There shall be an index of the 
names of the grantors and of the grantees, and also of the 
tracts or parcels of land; and the recorder of said counties, 
after said index or indexes shall be so made, is required to 
keep the same in that manner without additional compensa- 
tion ; and such index or indexes shall be kept in said record- 
er's office. The said persons so employed shall take an 
oath faithfully to perform the duties herein required of tlicm, 
which may be taken before any justice of the peace, and 
shall be filed in the office of the clerk of the circuit court. 
The said county court and board of supervisors are each re- 
spectively authorized to pay the person so to be employed 
by them a feasanable compensation, out of any money in 
the treasury" not otherwise appropriated. 
Approved February 15, 1851. 



131 1851. 

AN ACI for the formatioa of tho county of Oregon. In force Feb 15 



Section 1. Be it enacted hy the jieople of the State o/Bo«nci 
lliinois, represented in the General ^issembly, That the 
following described tract of country, lying within the fol- 
lowing boundaries, to wit: beginning at the north-west cor- 
ner of Macoupin county, running due south six miles, to the 
south-west corner of section thirty-one, township twelve 
north, range nine west; thence due east, twenty-four miles • 
thence due north, twelve miles, to the north-east corner of 
township thirteen north, range six west; thence due west, 
to the north-west corner of said township, on the rano-e line 
between ranges six and seven ; thence due north, ten'^miles, 
to the north-east corner of section thirteen, township fifteen 
north, on the range line between six and seven, to the North- 
ern Cross railroad; thence due west, eleven miles, to the 
north-west corner of section seventeen, township fifteen 
north, range eight west; thence due south, six miles, to 
the north-east corner of section eighteen, township fourteen 
north, range eight west ; thence due west, one mile ; thence 
due soutli, one mile ; thence due west, one mile ; thence due 
south, one mile; thence due west, one mile; thence due 
south, one mile ; thence due west, one mile ; thence due 
south, one mile ; thence due west, two miles ; thence due 
south, one mile ; thence due west, one mile ; thence due 
south, five miles, to the place of beginning, all west of the 
third principal meridian, shall form and constitute one of the 
counties of the state of Illinois, to be called "Oregon." 

§ 2. There shall be an election held at the difl'erentEicctioi 
places of voting for state officers, in t!ie counties of Mor- 
gan, Sangamon and Macoupin, at the next general election 
tor state and county officers, to be conducted by the judges 
and clerks of election that may then be in office, who shall 
conduct said election in all respects according to the elec- 
tion laws of this state; and all legal voters of the counties 
of Morgan, Sangamon and Macoupin counties shall be en- 
titled to vote at said election, for or against the formation of 
said county of Oregon ; and if a majority of all the votes 
given in each of said counties, for or against the creation 
of said county of Oregon, are for its creation, it shall for- 
ever thereafter constitute one of the counties of this state. 

§ 3. Within three days after sakl election, the judges of Returns 
said election, at the several places of voting in said coun- 
ties, shall make returns of said election to the clerk of 
the county court of their respective counties. Said clerk 
shall proceed, within three days thereafter, to open said 
returns and make to the secretary of state, within five 
days after opening the same, a true statement of the num- 
ber of votes given at said election, for and against the 
formation of said county of Oregon. The secretary of 
ftate shall, within five days after receiving said return, and 



1851. 



1851. 132 

Dityof secreta-if he find? that a majority of the votes given for and against 

ry of state, ^j^^ formation of said county are for its formation, he i-hall 
cause proclamation to be made thereof in all the newspapers 
published at the town of Springfield. 

V, n,^fnri,i- 5 4. If the county of Oregon ■=:hall be formed, accord- 
does ami con- mg to the foregomg provisions ot this act, there shall 
'''''''^'' be an election held at the different places of voting for 

justices of the peace and constables in the limits of the coun- 
ty of Oregon. The election shall be conducted by the pre- 
sent judges of election in said county, who have been ap- 
pointed' by the counties of Morgan, Sangamon and Ma- 
coupin, according to the election laws of this state; at 
which election the legal voters of the county of Oregon 

County off cer . shall elect a,!l county officers for the county, who shall be 
qualified and commissioned as similar officers are in otlier 
counties of tids state. Said officers so elected and quali- 
fied shall hold their offices until the next ensuing regular 
election for such officers, now provided by law, and shall 
have the same jurisdiction, and discharge all the duties in 
the limits of the county of Oregon that are required by 
law of similar officers in other counties in this state. Said 
election to be held on the first Monday after the proclama- 
tion of the governor declaring the creation of said county 
under the provisions of this act. 

Election returns § 5. Within five days after Said election, the judges of 
Tufef'''"''"" election at the different places of voting shall return the 
poll-books of said election to the town of Waverly, direct- 
ed to E. D. Meacham, S. S. Duncan and John Scott, or 
their successors, three acting justices of the peace in the 
limits of said county ; and the said justices shall meet in the 
town of Waverly, within seven days after paid election, and 
proceed to open said election returns, and to do and per- 
form all the duties in relation to said returns that are re- 
quired by law of the clerks of county courts in relation to 
similar returns. 

•ireuit court, § 6. As soon as the county officers shall have been elect- 
when and g(j jj„^ qualified, as provided for in this act, the county court 

where to be , ^, . ^ .„^, , .i • i r' 1.1 £j.-j* 

held. shall give notice of the same to the judge ot the lirst judi- 

cial circuit, who shall hold courts in the said county at such 
place as may be provided and designated by the county 
court of said county, until the county seat of said county 
shall be located, as hereinafter provided for. Said county 
of Oregon shall form a part of the first judicial circuit, un- 
til otherwise directed by law. 
Buita and in- § 7. Suits and indictments that have been commenced, 

dictments. or may hereafter be commenced, in the circuit courts of the 
couniies of Sangamon, Morgan or Macoupin, by any of the 
citizens living in the limits of the county of Oregon, before 
the organization thereof, shall not be affected by this act, 
but all such suits so commenced shall be decided in the cir- 
cuit court in the county where they were commenced. 



133 1851. 

§ 8. All iustices of the peace and constables elected inJ^^^iicos of th« 
the counties uf Sangamon, Morgri]i or Macoupin, wJio re- slTJier'' ''''" 
side in the limits of Oregon, s'iall hold their office and have 
jurisdiction in the said county of Oregon as thougli thej^ had 
been originally elected in the said county. 

§ 9. The school fund belonging to the several townships fohoDi fundi. 
in the said county of Oregon, and all notes and mortgages 
pertaining to the san^e, shall be paid and delivered over' to 
the school commissioner of the county of Oregon by the 
school commissioners of the counties of Sangamon, Morgan 
and Macoupin, as soon as tlie said county shall be organ- 
ized and the commissioner of school lands appointed and 
quahiied according to law, together with all interest arising 
out of said money that has nj>t been heretofore expended 
for school purposes, in those parts of the counties of Sanga- 
mon, Morgan and Macoupin now included in the countv of 
Oregon. 

§ 10. At the time and place of voting for county officers. County seat. 
as provided for in this act, the judges of election shall cause 
three places to be voted for as the county seat of the said 
county of Oregon ; the places to be agreed upon by the vo- 
ters of said county. The vote being taken for said county 
seat, all the legal voters of the county of Oregon shall be 
allowed to vote for one of the places as a candidate for the 
county seat, and after the votes shall have been opened and 
counted as provided in the second section of this act, if it 
shall appear that either of the three points has received a 
majority of all the votes given for the location of the county 
seat, the place so receiving a majority of votes shall be and 
remain the permanent seat of justice for said county of Ore- 
gon ; but if on the votes being counted it shall appear that no 
one of the three places voted for shall have received a ma- 
jority of all the votes given, the three justices of the peace 
mentioned in this act shall cause notice to be given to the 
judges of election at the different places of voting in the 
county of Oregon, and designate in such notices a day up- 
on which to hold a second election for the location of a seat 
of justice for said county. The judges of election, on re- 
ceiving said notice from the justices of the peace, shall pro- 
ceed to give public notice of said election, by posting up 
written notices in four of tiie most public places in their 
respective districts, and the said judges of election shall at- 
tend on the day of election and shall oi^en the election, ac- 
cording to the laws of this state, for tiielocation of a county 
seat, and the two places which sliall have received the high- 
est number of votes for the county scat at the first election 
shall be voted for, and within three days after said election 
the judges of election shall return the poll- books, together 
with a statement of the election, to the' town of Waverly, 
directed to the three justices of the peace mentioned in this 



1851. 134 

act ; and the said justices shall meet in the town of Waverly, 
within live days after said election, and open and count the 
votes, and the place having received a majority of all the 
votes given, shall be and remain the permanent seat of jus- 
tide of Oregon county. After the organization of said 
county, the county court shall have all necessary powers to 
Ereckionofpub- jnaj^g sucli ordcrs and do all things necessary for the erec- 
tion of suitable public buildings. They may receive dona- 
tions, and apply the same in the erection of said buildings. 

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

Approved February 15, 1851. 



I:i foi'i-c Fob.l7, •'^^ ACT supplemental to an act entitled "An act making appropi'iations for the 
]g51. pay of members and officers of the general assembly, and for the service of officers 

of the government until the adjournment of the next regular assembly," approved 
Feh. 12, 18i9. 

'V!'q^^"c!^'^°r' Section 1, Be it enacted hy the people of the State of 
onroiiing ci'ks IlUnols, represented in the General tdssembly, That 
'" recoivo $ithe engrossing and enrolling clerk of the senate, and the 
ensjrossing and enrolling clerk of the house of representa- 
tives, shall certify to the auditor the number of days which 
they have employed extra assistant clerks, naming the per- 
sons so employed by them, and the persons so employed 
shall receive four dollars per day for each day's service 
certified as aforesaid : Provided, that the assistant door- 
keepers of each house shall be entitled to the same per 
diem that is allowed to the principal door-keepers of each 
house. 

§ 2. This act to take effect from and after its passage. 
Approved February 17, 1851. 



la foicjFeb.17, AN ACT to locate and establish a state road from Chester, in Randolph county, to 
1851. Troj', in Madison county. 

Commiasioners Section 1. Be it enacted by the people of the State of 
appointed. J Uinois, rcprere^^ted in the General Jissemhly, That John 
A. Wilson, of Randolph county, John G. Jones, of Madison 
county, and the Rev. John Grain, of Washington county, 
be and they are hereby authorized to proceed, as soon as 
practicable, to survey and locate a state roR.d, leading from 
Chester, in Randolpii county, to Troy, in Madison county, 
by the nearest and i.iost eligible route, passing tlirough 
Sparta, in Randolph county, thence to Gillespie's ford, on 



135 1851. 

Mud creek, thence to Brook Smith's, on the north side of 

Elkhorn prairie, thence to Cox's ferry, on the Kaskaskia 

river, thence to Lebanon, in St. Clair county ; and when 

the said route has been located a copy of the plat and sur- Plats and jur- 

A'ey thereof shall be filed with the clerk of the county court '^''^^• 

of each of the counties through which said road shall pass. 

6 2. The said commissioners shall be allowed and paid for Compensation of 

.1 • • ii c 1 1 11 1 1 r iU commissioner?. 

tiieir services the sum oi two dollars per day, eacli, lor tne 
time necessarily engaged in making said survey ; each 
county paying the commissioners residing therein, when- 
ever the same shall be duly authenticated to the clerks of 
said county courts. 

§ 3. The said road, when located and established, i;^^";!^^^^'^^';^^'^;; 
shall be deemed and held to be a public road, and shall be public road. 
opened and kept in repair in all respects as other public 
roads in this state, and the damages for the right of way 
siiall be assessed as in other cases. 

§ 4. The said commissioners may, if they deem theSurvo.o-. 
sane essentially neccsr^ary, employ a competent surveyor, 
to aid them in the aforesaid duties, who shall be paid by the 
said counties in equal proportions, at the same rate as the 
said commissioners are paid. 

§ 5. This act to take effect and be in force from and af- 
ter its passage. 

Approved Feb. 17, 1851. 



AN' ACT Eupplemantal to "An act to provide for township organization." In force Feb. 17, 

ISM. 

Section 1. Be it enacted hjj the people of the State of How townhip 
Illinois, represented in the General Jissemhhj, That in ^'fy"iJo''^void- 
all cases where counties may have voted for township or- ed when adop- 
ganization, but have not organized, upon the petition of ^^ • 
fifty legal voters of the county so having voted for such 
organization, it shall be the duty of the county clerk, upon 
the filing of such petition with him, to cause notices to be 
posted up in the difi'erent precincts of the county, as is now 
required by law, at least thirty days previous to the elec- 
tion, that the question of township organization will be vo- 
ted upon. At such election said vote shall be taken by 
ballot, to be written or printed, or partly written and partly 
printed, " For township organization" and " Against town- 
ship organization," and shall be canvassed and returned 
in like manner as votes for state and county officer;^. 

§ 2. If it shall appear by the returns of said (lection. Result of a ma 
that a majority of all voters voting at such election have io^^|,-^]j.;p^oy" ^ 
voted against township organization, then the county so ganization. 



1851. 136 

voting shall not omanize, and the county shall remain as if 
no vote had ever been taken for or against township organ- 
zation, and the county officers shall remain in ollice until 
their terms shall legally expire. 
Amplication of § ^- The provisions of this act shall apply exclusively 
this act. to the county of Vermilion. 

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

Approved February 17, 1851. 



In force Feb. 17, AN ACT to relocate a portion of the state road from Belleville to Brovrnsyille. 
1S51. 

Coir.miisitncis. Section 1. Be it enacted by the people of the State of 
Illinois, reprsented in the General ^dssembly, Tliat Da- 
vid Anderson, Samuel McClinton and Washington Borders 
be and they are hereby apjjointed commissioners to relocate 
so much of the state road leading from Belleville to Browns- 
N ville as lies between Athens, in St. Clair county, and Spar- 

ta, in Randolph county, having due regard to private pro- 
perty and the convenience of the public. 

tVjmuiiaiioueis § 2* Tliat Said Commissioners shall meet at the house 
to take oath. of'Saniuel McClinton, on or before the first day of July 
next after the passage of this act, or as soon thereafter as 
possible, and take an oath before some justice of the peace 
of Randolph county, well and truly to perform the duties 
required of them by this act. 

Dutyoicomms- § 3. Wiien the commissioners shall have reviewed the 
said ground, and sliall have relocated said road betw-een the 
places named, it sliall be their duty to make out two plats 
of the road so relocated, and lay one before the county 
court of Randolph county, and one before the county court 
of St. Clair county, as soon as practicable after the com- 
pletion of the same, and the road so located is hereby de- 
clared to be a state road, and so much of the old road as 
may be affected by said relocation is hereby vacated. 

rials to le iTi- ^ 4. The said plats shall be evidence hereafter in all 
courts of record in this state, and it shall be tlie duty of the 
clerks of the county courts of Randolph and St. Clair 
counties, to record said plats on the records of their offices, 
and the county judges of the counties of Randolph and St. 
Clair shall allow to the said commissioners and clerks a 
reasonable compensation for the services required by this 
act. 

Approved Feb. 17, 1851, 



siouers. 



ilenc3. 



137 1851. 

AN ACT to locate and ebange certain state roads tlierein named. In forcvFeb. 17, 

1S:;.1. 

Section 1. Be it enacted by the j)eopIc of the State o/Con'..i..ioiiers. 
Illinois, represented in the General tdsscmhhj, That James 
M. Montague, of Perry county ; Wm. Bradley, of Jackson 
county, and Jeptha Glover, of Randolph county, be and 
they are hereby appointed commissioners to locate and 
establish a state road, commencing at the ford where the 
road leading from Pinckneyville to Liberty crosses Pipe- 
stone creek ; thence, on the nearest and best route, to Ja- 
cob Short's mill; thence across the north-west corner of 
Jackson county, so as to intersect the Murfreesboro' and 
Chester road at the Tea- cup Knob. 

§ 2. The said commissioners, or a majority of them, DntyofcommJs- 
shall meet at the house of James M. Montague, on or be- 
fore the first Monday in April next, and after being duly 
sworn faithfully and impartially to discharge the duties re- 
quired of them by this act, they shall proceed to survey and 
permanently locate the said road, avoiding unnecessary 
damage to private property. 

§ 3. The said commissioners shall furnish a map or plat ^'^* °^ ^"'^^'^y- 
of the survey of said road, to the clerk of the county court 
of each county in which the road shall be located. The 
said plats shall be recorded in each of said counties, and 
shall be evidence in all courts of this state of the existence 
of said road. 

6 4. The county courts of each county in which the *^'^'"rensationof 

• -. 1 . I 1 1 11 11 1 i 1 11 commissioners, 

said road is located, shall allow to the surveyor two dollars surveyor, Ac. 
per day, and to the said commissioners and chainman each 
the sum of one dollar per day, for each day necessarily 
employed in the location of said road, to be paid upon the 
certificate of the commissioners, in proportion to the num- 
ber of days employed in each county. 

§ 5. That so much of the state road leading from Mulky- Change of road 
town, in Franklin county, to Chester, in Randolph county, r.'^'^g.^Mu™ 
as runs through the farm of Richard G. Murphy, be and the piiy'sfarm. 
same is liereby so changed as to run through the said Mur- 
phy's lane ; thence north of the farm of A. N. Milligan, 
deceased, and to intersect the present road of the former 
residence of said Milligan, deceased. 

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

Approved Feb. 17, 1851. 



AN ACT to pay the expenses of two joint select committees therein named. In force Feb. 17, 

1861. 

Section 1. Be it enacted by the people of the State of "^ "f^°^t*° '^'^"'' 
Tllinois, represented in the General Jissemhly, That tlie 



1851, 



138 



Committee to 
visit djite- 



Committeo to 
TJsit Jackson 
ville. 



auditor of public accounts be and he is hereby directed to 
issue his warrant upon the treasurer in favor of and to each 
of the joint select committee, to wit : J. L. D. Morrison, A. 
J. Kuykendall, J. C. Davis, H. Patterson and John Carlin, 
appointed by this general assembly to visit the dykes oppo- 
site the city of St. Louis, and who did, in accordance with 
such appointment, visit said dykes ; and, also, in favor of 
and to each of the joint select committee, to wit: H. S. 
Osborn, Newton Cloud, William Reddick, P. Maxwell, W. 
S. Jones, W. Farrell, Daniel Wilson, II. Swan and J. C. 
Moore, appointed by this general assembly to visit the pub- 
lic buildings at Jacksonville, all of the necessary expenses 
of and actually paid out by each member of said committee, 
to be determined by the certificate of each member thereof, 
to be filed with the auditor before the warrants shall be 
drawn. That the sum of eleven dollars twenty-eight cents 
JohnWiiiiams.be and tlie Same is hereby allowed to John Williams, of 
Springfield, for articles furnished the constitutional conven- 
tion. That the sum of seventeen dollars thirteen cents be 
and the same is allowed Maro M. L. Read for articles fur- 
nished the agent of tiie state, in using the railroad from 
Springfield to the Illinois river. 

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

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

Approved Feb. 17, 1851. 



Maro M 
Kead. 



Appropriation- 



In force Feb. 17, AN ACT to vacate and relocate a portion of a state road named therein. 
1851. 

Vac^ationof Section 1. Be it enacted hy the J) eojik of tht State of 

Illinois^ represented in the General A^semhly^ That so 
much of the state road leading from Petersbugh to Ma- 
comb, as lies between Vermont, in Fulton county, and Ma- 
comb, in McDonough county, be and is hereby vacated. 

Relocation. § 2. That the portion of said road thus vacated shall 

be relocated as follows : Commencing at the public square 
in the town of Vermont, in Fulton county, thence running, 
on the nearest and best route, to the centre of section 
twenty-three (23,) in township four (4) north, one (1) 
west, in McDonough county ; thence north, to the centre of 
section fourtaen (14 ;) thence west, to the line of section 
fifteen (15;) thence north, to the north-east corner of sec- 
tion fifteen (15;) thence west, to the north-east corner of 



139 1851. 

section sixteen (16,) in said township ; thence, on the near- 
est and best route, to Macomb, doing as little dama'^e to 
the owners of land on said route as possible, by running on 
section lines. 

§ 3. That J. H. Baker, Cleon Reddick and William Commissioners. 
Ryle, of McDonough county, are hereby appointed com- 
missioners to mark out and relocate tlie said portion of 
road, within six months from the passage of this act, and 
to ascertain, as far as practicable, wiiere damages may ac- Damages. 
crue, or will be claimed by individuals through whose lands 
the road hereby authorized may run, and report the proba- 
ble amount thereof, and the names of the owners of such 
lands and property, to the county court of the county in 
which said lands may be situate ; and when the said com- 
missioners shall have laid out and established the said road 
as aforesaid, they shall make out and deliver to the clerk of 
the county court through which said road passes, a copy or 
plat of said road ; which plat, when so received by said piat. 
clerks, shall be entered of record in their several oinces, 
and the said entries, when so made, sliall be evidence in all 
courts of this state of the existence of said road. 

§ 4. It shall be the duty of eacii county court through Duty of county 
which the aforesaid road herein authorized and established ^""^*^- 
may pass, when opened, to cause the same to be worked and 
kept in good repair, as far as the road labor of the hands 
of the county and the means of the county will justify. 

5 5. The county court of the several counties through Compensation of 

,•*.,. 1 , ^ ,1 i ii • • commissionert. 

which said road passes, may allow to the commissioners 
herein appointed, and the said clerks, a reasonable compen- 
sation for the services rendered as aforesaid, in proportion 
to the amount of labor performed in each county ; and th3 
said commissioners appointed as aforesaid, before they en- 
ter upon the performance of their duties as herein desijTna- Oat^ of 
ted, shall be sworn by some acting justice of the peace of 
McDonough countj^, to view, mark and relocate the portion 
of said road, having due regard to private property. 

This act to take effect from and after its passage. 

Approved Feb. 17, 1851. -"• 



com- 
missioners. 



AN ACT to enable the auditor of public accounts to collect th« revenue. In force Feb. 17 - 

1851. 

Section 1. Be it enacted hy the people of the State of^^^^^.^^l °^^^' 
Illinois, represented in the General ^'is^'emhly, That when 
real estate shall be levied upon to satisfy any judgment in 
favor of the state, it shall bo the duty of the officer making 
such levy, to transmit by mail, to the auditor, at least 



1851. 140 

twenty days before tlie day of sale, a correct statement, 

showing trie description and value of said property, in casii ; 

. ... , the truth of said statement shall be attested by tJie oath of 

Auditor to pur- . , .^ i - i i- • i i i • i 

chase for atat.'. said orb cor. Ana tlie auditor is hereby authorized and re- 
quired to purchase, in the name and lor the use of the state 
of Illinois, at a price not exceeding two-thirds of said value, 
so much of said property as may be required to pay the 
amount of the judgment and costs aforesaid ; and it shall 
be the duty of the officer making such sale to forward to 
the auditor a certificate of pu.rcliase, and make his return, 
as required in other cases of sales on execution. Any per- 

Itederaption. son desiring to redeem said property from such sale, shall 
pay the amount of redemption money into the state treasu- 
ry ; and, thereupon, the auditor shall indorse such payment 
on the back of the certificate of purchase aforesaid, and de- 
liver it to the person so paying; which shall have the same 
effect as redemptions have in other cases ; but no real es- 
, tate purchased as aforesaid shall be considered redeemed 
from such sale until the redemption is paid into the state 
treasury. 

Redemption nu- § 2. All moneys received by any sheriff, or other officer, 
ney- for the redemption ot any real estate sold to the state, on 

- execution, shall be paid by such officer into the state treas- 

ury, or to the collector of his county, as may be directed by 
the auditor, within twenty days after demand is made by 
said auditor, and shall be paid into the state treasury, by 
such collector, when he makes settlement for the state rev- 
enue : Provided^ that the demand aforesaid may be made 
by any person authorized by the auditor to make such de- 
mand. 

If not redeemed. § 3. If any real estate, purchased by the state on exe- 
cution, sliall not have been redeemed, or may not hereafter 
be redeemed, within the time required by law, it shall be 
the duty of the auditor to obtain a deed or deeds therefor; 
which he shall cause to be recorded in a book kept for 
that purpose, in his office, and shall take such steps as he 
shall deem necessary to protect the timber, or other fixtures 
thereon, from being lost or destroyed. 

Auditor to sell. § 4. The auditor of public accounts is hereby authorized 
and empowered to seW, transfer and convey, by deed, any 
and all real estate that may have been heretofore, or may 
be hereafter purchased, to satisfy, or in payment of any 
judgment, or any execution in favor of the state, by this 
state, or by any officer of this state, for the benefit and use 
of the state, to any person or persons who may pay into the 
state treasury the full amount paid by the state for said 
property, and six per cent, interest thereon, from the date 

I'roTiso. of said sale to the time of such payment: Provided^ that 

such amount shall be equal to the amount due the state on 
the judgment or decree on which the sale was made ; or if 



141 1851. 

not, the sale may be made at sach price, not less than tlie 
price paid for the property as aforesaid, as the judge of the 
county court and the sherilfof the county in which tlie estate 
is situated shall certify the same to be worth. 

§ 5. State's attorneys, in addition to the duties now l>uty of state'* 
required by law, shall prosecute all suits in favor of the "''''"■'^J"- 
state when required by the auditor; and wdiere there is no 
other fee allowed by law for such service, they shall be al- 
lowed and paid out of the state treasury the sum of five Their fees, 
dollars, for commencmpj and prosecutin;]^ suits as aforesaid, 
to be paid on the certificate of the auditor, and approved by 
the governor. 

§ G. If the back taxes on any forfeited property have Back taxes, 
not been collected, or the property sold as provided for by 
an act entitled an "An act to provide for the collection of the 
revenue on forfeited property," approved February twelfth, 
eighteen hundred and forty-nine, said taxes, with the inter- 
est and cost due thereon, shall be added to and collected 
with the tax of the current year : Provided^ that where 
such taxes have not been added to the list for the current 
year, the clerk shall add them to the taxes of the year A. 
D. one thousand eight hundred and fifty-one. Said property 
shall be advertised and sold in the same manner as required 
by the act aforesaid. 

§ 7. Deeds on sales made in pursuance of this act, or^^^*^^* 
of the foregoing recited act, shall be made by the sheriff 
or collector, as provided for in other cases of sales for taxes. 

^S 8. In all cases wdiere the collectors of the tax of the i"*':'"^^', rcmit- 
year A. D. one thousand eight hundred and forty-nine, did case, 
not receive the tax books within the time required by law, 
or where any of the collectors aforesaid failed to obtain 
judgment on the delinquent list, at the time required by law, 
the auditor is hereby required to remit the interest on the 
accounts of such collectors; and in all cases wdiere such in- 
terest has been paid into the treasury, the auditor shall cause 
the same to be refunded by drawing his warrant on the 
treasurer for the amount so paid. 

§ 9. Sheriffs and collectors of the revenue for the year^'^^'ector's coir.- 
one thousand eight hundred and fifty-one, and subsequent 
years, shall be allow^ed a commission upon all moneys paid in 
to the state and county treasuries, of five per cent, on the 
first eioht thousand dollars, three per cent, on the next ten 
thousand dollars, and two per cent, on all additional sums, 
instead of the commission now allowed by law ; which allow- 
ance shall be apportioned betw^een the county and state, in 
proportion to the amounts collected and paid over. 

§ 10. This act to 'al e euoct and be in force from and 
after its passage. 

Approved Feb. 17, 1851. 



1851. 142 

In force Fel, 17, AN ACT to authorize the appointment of commissioners f) take the proof and ac- 
ISul. knowled;;:uent of deeds and other instrum^;nts, and to administer oaths in other 

states and territories. 

Governor to ap- Section 1. Be it enacted hy the people of the State of 
simevs'!'^^'^^^' -^^"^''^^^'^^ 'represented in the General Assembly, That the 
governor of this state is hereby authorized to name, appoint 
and commission so many commissioners in such of the other 
states and territories of the United States, or in the Dis- 
., . trict of Columbia, as he may deem expedient: Provided, 
that the number of such commissioners shall at no time ex- 
ceed five in any one city or count;y . The said commissioners 
shall continue in office for four years, and shall have author- 
ity to take the acknowledgment and proof of the execution 
of any deed, mortgage, lease or other conveyance, of any 
lands, tenements or hereditaments, lying or being in this 
state, or of any contract, assignment, transfer, letter of at- 
torney, satisfaction of a judgment, or of a mortgage, or of 
any other writing or instrument under seal, to be used or re- 
corded in this state; also, to administer an oath or affirmation 
to any person or persons who may desire to make such oath 
or affirmation. 

Power of com- § 2. Any acknowledgment or proof taken in pursuance 
nuaoioners. of the powcrs and under the directions and limitations con- 
ferred by and mentioned in this act, in manner directed by 
the laws of this state, with respect to the acknowledgment 
or proof of deeds taken by any officer authorized to take 
such acknowledgment residing within this state, and certi- 
fied by any one of said commissioners whose appointment 
is authcjrized by this act, before whom the same shall be ta- 
ken or made, under his hand and official seal, ( wliicli certifi- 
cate shall be indorsed on the said deed, or otiier instru- 
ment mentioned in the first section of this act,) shall, when 
authenticated in the manner hereinafter provided, be enti- 
tled to be recorded in any county in this state, and shall 
have the same force and effect, and be as good and available 
in law, for all purposes, as if the same had been taken or 
made before any officer authorized to take such proof or 
acknowledgment, residing in this state, and any affidavit or 
affirmation, made before any such commissioner, certified 
and authenticated as aforesaid, may be read in evidence, 
and shall be as good and effectual, to all intents and pur- 
poses, as if taken and certified by any officer authorized to 
administer oaths residing in this state. 

<^atli. § 3. Every commissioner appointed by virtue of this act, 

shall, before he performs any duty under or by virtue of his 
said appointment, and of this law, take and subscribe an 
oath or affirmation before a justice of the peace, or some 
other magistrate in the city or county in which he shall re- 
side, well and liii. f'lHy to execute and perform all the du- 
ties of such commissioner, under and by virtue of the 



143 1851. 

laws of the state of Illinois ; which oath or afRrmation shall 
be filed in the office of the secretary of this state. And ev- 
ery such commissioner, shall, also, before he enters upon the 
duties of iiis office, cause to be prepared an official seal, in Seal, 
which shall be designated his name, and t'ae words, "A com- 
missioner for the state of Illinois," together with the name 
of the state or territory, and also the city or county Avithin 
which he shall reside, and for which he shall have been ap- 
pointed, and shall transmit to, and cause to be filed in the 
office of the secretary of this state, a distinct impression of 
such seal, taken upon wax, or some other substance capa- 
ble of receiring and retaining a clear impression, together 
with his signature, in his own proper writing. 

§ 4. When any deed or other instrument shall be proved Certificate of se- 
or acknowledged, or any oath or affirmation shall be taken '■'-''^'•>' '^ ^*^*'- 
before any commissioner appointed by virtue of this act, 
before it shall be entitled to be used, recorded, or read 
in evidence, in addition to the preceding requisites, there 
shall be subjoined or affi?ved to the certificate, signed and 
sealed by the commissioner as aforesaid, a certificate, under 
the hand and official seal of the secretary of state of this 
state, certifying that such commissioner was, at the time of 
taking such proof or acknowledgment, or of the administer- 
ing such oath or affirmation, duly authorized to take the . 
same, and that the secretary is acquainted with the hand- 
writing of such commissioner, or has compared the signa- 
ture to such certificate, with the signature of such commis- 
sione.* deposited in his office, and that he verily believes the 
signature and the impression of the seal of the said certifi- 
cate to be genuine. 

^ 5. No commissioner appointed under or by virtue of Where acknow- 
this law, shall be authorized to take the proof or acknow- L':''^'"K'^f^ 

' 1 1 • 1 • • ^^y betaken. 

lodgment of any deed or instrument, or to admmister any 
oath or affirmation in any place other than the city or coun- 
ty within which he shall reside at the time of his appoint- 
ment; and every certificate of any such commissioner, or an}' 
proof or acknowledgment taken before him, or any oath or 
affirmation administered by him, shall specify the day on Cats and place 
which, and the city or town and county within which the g^j '^ ^^"^'^^~ 
same was taken or administered; and without said specifica- 
tion t!ie said certificate shall be invalid, inoperative and 
void. 

§ 6. The act entitled, "An act to authorize the ap- Acts repealed. 
pointment of commissioners in other states," approved 
March 1st, 1845; and also the act entitled " An act sup- 
plemental to an act to authorize the appointment of com- 
missioners in other states," approved February 24, 1847, 
are hereby repealed ; and all appointments under and by 
virtue of said acts shall cease, determine and become ut- 
terly null and void from and after the expiration of thirty 



1851. 144 

days after the day on which this act shall take effect ; and 
the secretary of state of this state shall forthwith cause a 
copy of this act to be forwarded to each of the commission- 
ers appointed unu^r the said acts, whose appointments shall 
not have been previously revoked or superseded. 

Duty of secreta- ^ 7. It shall be the duty the secretary of state of this 
ryo state. gtate, to prepare instructions and a sett of forms, in conform- 
ity with the laws of this state, and to forward the same, to- 
gether with a copy of this act, to every person who shall be 
appointed a commissioner under and by virtue of this law ; 
for which said secretary siiall be entitled to demand and 
receive the sum of five dollars, of said party. 

Residenca of § 8. No pcrson shall be appointed a commissioner under 
this act, who is not at the time of his appointment a resi- 
dent of the city or county, and state or territory, for which 
he may be appointed. 

§ 9. This act shall take effect and be in force from and 
after the first day of July next. 
Approved February 17, 1851. 



commissioner. 



lu force April -^^ ACT to amend the several acts relating to the election of county treasurer. 
18, 1861. 

Treasurers to be Section 1. Beit enacted by the people of the State of 
vpmbeV°i85i' -^^''^"'^^^'•^' '^'^presentecl in the General Jissemhli/, That coun- 
aud biennially ty treasurers shall hereafter be elected on the first Tuesday 
tuerenfter. after the first Monday in November, A. D. eighteen hun- 
dred and fifty-one, and cAery two years thereafter. 
Acts repealed. ^ ^' ^^ much of any and all laws now in force as pro- 
vides that county treasurers shall hold their offices for the 
term of four years, is hereby repealed. 
Approved Feb. 17, 1851. 



In force Feb. 17, AN ACT to authorise the city of Quincy to levy and collect a special tax for the 
1851. purposes therein mentioned. 

^tho'^z d'^^ ^^' Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembly, That the 
city of Quincy is hereby authorized to levy and collect a 
special annual tax upon the property, real and personal, 
situated in said city, sufficient for the payment of the an- 
nual interest which may accrue upon any bonds to be here- 
after issued by said city for vailroad purposes, under the 
provisions of an act entitled *'An act supplemental to an 



145 1851. 

act entitled an act to provide for a general system of rail- 
road incoi-porations,-' in force the Gtli day of November, 
A. D. 1849. 

§ 2. The special tax aforesaid shall be levied and col- 
lected at the same time and in the same manner as the other 
taxes levied by said city, and the said city shall have the 
same rights, powers and remedies to enforce the collection 
of the same, by the sale of property or otherwise, as is or 
may be provided for in other cases relating to the city re- 
venue. 

§ 3. Said tax, when collected, shall by the said city be Application 'of 
set apart and held separate and distinct from the other por- t^-'^- 
tions of the city revenue, as a fund specially pledged for 
the payment of the annual interest on the bonds aforesaid, 
and shall be by the said city, from time to time, applied to 
the payment of said interest, as the same becomes due and 
payable, and to no other purpose whatever. 

Approved Feb. 17, 1851. 



AN ACT to amend an act entitled " An act to create and establish the county of Jer- In force March 
soy," approved Feb. 28, 1839. 3, 1851. 

Section 1. Be. it enacted hy tJic people of the State of ^(>^^^^^^'^^^'^ 
imnois, represented in the General Assembly, That the dilcT*^""'' 
first section of tlie act to which this is an amendment be so 
amended as to define the boundaries of said Jersey county, 
as follows : commencing at the north-east corner of town- 
ship nine north, of range ten west of the tliird principal 
meridian; tiience west, on the north line of said township, 
two and one-half miles, to the centre of section three ; 
thence south, eighty rods, to the south-east corner of the 
north half of the north-west quarter of section three ; 
thence west, one half mile, to the vv^cst line of said section 
three ; thence south, with said line, tv/o and one-fourth 
miles, to the centre of section sixteen ; thence west, through 
the centre of sections sixteen ( 16,) seventeen (17,) and 
eighteen (18,) in town nine north, of range ten west, and 
sections thirteen (13,) fourteen (14,) and fifteen (15,) in 
township nine north, of range eleven west, six miles, to the 
east line of section sixteen; thence south, until it strikes 
the line as defined by said section ; thence with said line 
to the centre of the Illinois river. 

§ 2. That so much of said act to which this is an amend- Part of act re- 
ment as conflicts with the first section of this act, be and peaied 
the same is hereby repealed : Provided, that the collectors Proviso. 
in the counties of Greene and Jersey are hereby author- 
10 



1851. 146 

Taxes. J2ed to collect the state and county revenue, on assessments 

heretofore made in the said couties, in the same manner as 

Farther proviso, if this amend ator}) act had not passed : Provided.^ further, 
that the non-resident or delinquent list of lands be pro- 
ceeded against and sold for the non-payment of the taxes 
assessed thereon for the year 1850, as returned by the asses- 
sors in the said counties respectively, and the moneys ari- 
sing therefrom paid over to the state and county treasurers, 
as nov/ provided by law ; and all sales of lands for taxes 
shall be as valid as if this act had not been passed. And 
the sheriffs are hereby authorized to execute deeds for 

Sales of land for lands SO soM for taxes in their respective counties, with 
taxes. ^^ |-j,g gffg(j|- as if the line of said counties had not been 

changed or altered by this act. 

This act to bo ill ^ 4. This act to be in force from and after the first 
mi." ^'^'^'^ "'Monday in March, 1851. 

Expense of § &• Be it J'urthtr enacted, That the expense of rebuild- 

bridge across j^g ^^g bridge across the Macoupin creek, at Handle's mill, 

creek.' shali be borne equally by the counties of Greene and Jer- 

sey. The said bridge to be constructed whenever the 
county court of Greene shall deem it necessary. 
Approved February 17, 1851. 



In force Feb. 17, AX ACT to amend an act entitled "An act to provide for the construction of planfc 
]^85|. roads by a general law." 

Roads not t3 be Section 1. Bs it enacted hy the people of the State of 

""^■Se''"^^ ^''^Illinois, represented in the General ^isembli/, Thai the 
law to which this an amendment shall not be so construed 
as to require the plank track of any plank road to be over 

Proviso. eight feet wide : Provided, that the earth or dirt track shall 

be so constructed as to afford convenient turn-outs for 
teams. 

Powers of com- ^^ 2. Any Company that shall have been or may hereaf- 
'^^^' ter be formed under the law to which this is an amendment, 

may build so much of the road contemplated in their organ- 
ization as may be for the interest of the company, or for the 
traveling public, being not less than one mile in all, and 
shall be entitled to all the rights and privileges upon said 
finished portion of said road which are granted by the gen- 
eral plank road law and its amendments, for the full term 

Proviso. of their organization : Provided, however, that such por- 

tions of the road so contemplated as may be unfinished af- 
ter the lapse of five years from the organization of said 
company, may be vacated, or if at any time after the forma- 
tion of any company, any other plank road company shall 
propose to organize for the construction of any unfinished 



147 1851. 

portion of any company's road, it shall be lawful for tlie com- 
pany having control of such road to surrender such unfin- 
ished portion of said road contemplated by their oro-aniza- 
tion to the said newly formed company, by fling such sur- 
render in the county clerk's office in the county wherein said 
road may be situated, 

§ 3. That any team or teams that may travel on anyp, 
plank road, otherwise than to cross the same at the regular Wifo piV 
laid-outs, when the termini of the journey of any such '°"^* 
teams shall be on different sides of any toll-gate, and 
sha.'l not pay the regular toll for the use of said road so 
traveled upon, when demanded, or if they shall leave the 
road without paying the toll, whether formally demanded 
or not, such team or teams, and the owner or owners there- 
of, sliall be liable to a fine often dollars, to be collected in 
an action of debt or trespass, before any court of this state 
having jurisdiction thereof, and in any county in the state 
where the trespasser may be found ; and said fine, when col- disposition cf 
lected, shall be paid to the treasurer of tlie plank road com- fi'''^'«- 
pany instituting such suit, who shall keep a true and accu- 
rate account of all moneys received by reason of fines, and 
shall annually, on the first Monday of January in each year, 
pay over one half of the nett proceeds of the same to the 
county treasurer, for the use of the county where said plank 
road is located, retaining the other half for the use and ben- 
efit of said plank road company. 

§ 4. That if any road shall have been or shall be laid Shouhi a rival 
out parallel with or in the same general direction with any '"'^'^ ^° '«''^ 
plank road, within the distance of eighty rods on either side °"^* 
of such plank road, which road the said company shall be- 
lieve was laid out with the express intention and for the pur- 
pose of interfering with such plank road, such plank road 
company is hereby authorized to file, in the circuit court of Authorify of 
the proper'county, a petition, setting forth the facts, and if ^''^ eoffipany. 
upon free hearing the judge of sucli court shall be satisfied 
that such was the intention, he is hereby authorized, by an 
order to be entered of record, to vacate such road. 

§ 5. The shares of any company formed under the act Shares deemed 
to which this is amendatory, shall be deemed personal prop- P^''^'^"'^* P'o- 
erty, and may be transferred by assignment; which trans- %ll'hiT^ "' 
fer shall be entered upon the books of said company, and 
such transfers shall show to and from whom transferred. 

§ f- The provisions of this act, and all amendments to Act applicable 
which this is amendatory, shall apply to all plank road com- ^'""^^ ^^^^^ 
panies, whether formed under the general plank road law S. '""^*" 
or whether incorporated under special acts, or otherwise 
so far as the same may not impair the provisions of special 
acts of incorporation. 

Approved Feb. 17, 1851. 



1851. 14S 

;a forceFeb. 17. AN ACT to arjenJ an act entitled " An net to provide for copying and distributing 
1351. the laws and journals, and for other purposes." 

;:uutractors for Section 1. Be it enacted by the ])eople of the State of 
laws'Tuowed Illinois^ represented in the General Assembly, Thai here- 
20 da3-s to give after Contractors for distributing the laws, journals and re- 
ports, under the provisions of the fifth and sixth sections of 
the act entitled " An act to provide for copying and distri- 
buting the laws and journals, and for other purposes," ap- 
proved Feb. 12, 1849, shall be allowed twent}' days from 
the time of opening bids and the acceptance of their propo- 
sals, in which to file bonds for the faithful perlormance of 
their contracts, as required by law ; and it shall be tiie du- 
ty of the secretary of state, immediately after such con- 
tracts are awarded, to cause notice to be civen to success- 
. ful bidders. 
,„„,„, $ 2. Hereafter it shall be the duty of the secretary of 

preme court to state, whenever the laws and journals are distributed, to 
b.' distribute' . ^^^g^ the reports of the supreme court belonging to the 
several officers of the respective counties, which may re- 
niHininhis office, to be distributed in the same manner as 
said laws and journals. 
Ei-rht thousand § ^- There shall be printed for the use of the state, and 
copies of acts to for distribution to the several counties, under the provisions 
dLtrSiMi.^°'' ot" section seven, of chapter sixty-tv*-o, Revised Statutes, 
eight thousand copies of the acts and resolutions of the 
A sufficient present session of the general assembly ; and hereafter, 
numberhereaf- ^j^|-Q otherwise directed, a Sufficient number of copies of 
edtosuppij'of-the acts of each session shall be printed to enable the sec- 
ficers entitled j-etarv of state to make such distribution thereof as is now 

to tiiem. -' •111 

or may be required by law. 

Acts of special § 4. The secretary of state shall cause to be printed 

session of iSio, J, :j(j bound with the volume of public acts of the present 

^"'^ ^ ' session, the public acts of the late special session of the 

general assembly, causing said acts of the special session 

to be placed and indexed in the fore part of said volume. 

. . § 5. It shall be the duty of said secretary of state to 

pjstra copies of ^ . i i t , -i , i • i i i 

acts. cause to be printed and distributed, as now provided by 

law, a number of copies of said acts of the present and late 
special session, equal to one-eighth the whole number re- 
quired for distribution, to be deposited with the counties 
respectively, in the proportions to which they are now en- 
titled, for future distribution, as the future v.'ants of the 
respective counties may demand. 
Kumber or acts § o. Until otherwise provided by law, there shall be 
hereafter to be pj.jj^^g(] fgj. \\^q ^gg of the state, and for distribution to the 
^"° ^ ' several counties, eight thousand copies of the laws of the 

general assembly, ove ' and above tlie eighth part to be de- 
posited with the counties, as provided tor in the above 
sections. 



149 1851. 

5 7. It shall bo the duty of the secretary of slate to ^''''''''^r=''"^'' ^'' 
give tour weeks notice, biennially, ia the month ol May, j^i-. 
by advertising in the papers published in the places named 
as required in the first section of "An act concerning pub- 
lic printing," approved Feb. 8, 1849, that he will receive 
sealed proposals for executing the printing of the journals, 
reports and laws, and all other printing ordered by the gen- 
eral assembly. Said proposals to be delivered to the sec- 
retary of state within forty days after the last day of ^lay, 
biennially. 

§ 8. Hereafter, and until otherwise provided by law, -'i"'i'«r of rc- 
there sliall be printed for the use of the state, and for dis- '"rintej. " 
tribution to the several counties, one thousand copies of the 
reports. This section to apply to the reports of the present 
session. 

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

Approved Feb. 17, 1851. .■,,.■. 



AN ACT to amend chapter four, Ilevised Laws, entitled " Aliens.'" lu force Feb. 17, 

1351. 

Section 1. Be it enacted bij the people of the State r^" Aikn.s to hiivn 
Iltinois, represented in tlie General Assemhlu, That all Is'citizei'sf in 
aliens may take, by deed, will or otherwise, lands and ten- rekuion lo tiio 
ements and any interest therein, and alienate, sell, assign ilorUancrof''' 
and transmit the same to their heirs, or any other ])ersons, I'^ai estate. 
whether sucii heirs or other persons be citizens of tiie Uni- 
ted States or not, in the same manner as natural born citi- 
zens of the United States or of this state might do ; and 
upon the decease of any person having title to, or interest 
in any lauds or tenements, such lands and tenements sliall 
pass and descend in tiie same manner as if such alien were 
a citizen of the United States, and it shall be no objection 
to any person having an interest in such estate that they are 
not citizens of the United States, but all such persons shall 
have the same rights and remedies, and in all things be 
placed upon the same footing, as natural born citizens and 
actual residents of the United States. 

§ 2. The personal estate of an alien, dying intestate, P'^yponal eptate 
shall be distributed in the same manner as the estates of nat- niiensV/be^dis- 
ural born citizens, and all persons interested in such es- tributcd accor- 
tate shall be entitled to proper distributive shares tiiereof, luic!^ appiUa- 
under the laws of this state, whether they are aliens or not. Weintbe caso 

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

Approved February 17, 1851. 



1851. 150 

In force Feb. 17, AN ACT extending the time granted the citj' of St. Lottis, by joint resolution of 
1851. January, 1849, tn oumplete certain worlis in the state of Illinois, opposite said city, 

and for the protection thereof. 

T^vo years ai- Section 1. Be it enacted by the people cf the State uf 

\jo^ i-.h)v\iIttinois. represented in the General Jisscmbl'j, That the 

to complete space of two years, from and after the passage of this act, 

protjcticn of 15 hereby allowed to the city of St. Louis, to complete and 

barbar. carry out, so far as the same may be ncces.:!ary, the works 

in the state of Illinois opposite said city, intended for the 

preservation of the harbor thereof, in the manner set forth 

in the joint resolutions adopted in January, 1849, and in 

accordance with which the said city entered into bonds to 

the state in the sum of twenty thousand dollars, binding 

herself to complete said works within two years from the 

passage of said joint resolutions. 

Said city reieas'- § 2. Tlie city of St. Louis is hereby released from any 
^j^pj^'""'^ 5^®'^°^' penalty which may have accrued from the failure to com- 
plete the works referred to in the joint resolutions afore- 
said, within the period specified therein : Provided, she 

Proviso. shall, vv^ithm two years from the passage hereof, complete 

the same, and es})ecially the dykes W and V, and the 
dyke and road leading from the foot of Bloody Island to the 
Illinois shore, in the manner contemplated in said joint re- 
solutions, and the bonds given in conformity therewith. 
But nothing herein contained shall be so construed as to 
release the said city of St. Louis from the penalty of said 
bond, in case of further failure on her part to comply, in 
good faith, with the conditions thereof, v/ithin the time fixed 
by this act. 

Othjr works au- § 3- It sliall be lawful for the said city of St. Louis, and 
Uiorized below power is hereby expressly granted to her proper agents and 
"officers, to erect and construct such other dykes or works 
of stone, earth, piles or other materials in the Mississippi 
river, below the foot of Bloody Island, and within the ju- 
risdiction of the state of Illinois, as may be necessary for 
the safety and protection of the works already constructed, 
and to continue and carry out the plans adopted to straight- 
en the ciiannel and benefit the harbors of the city of St, 

Proviso. Louis and the town of Illinois : Provided, however, that 

nothing in this section shall be so construed as to relieve the 
said city of St. Louis, or the citizens thereof, from the pay- 
ment of damages to any party whose property may be in- 
jured, or the use and enjoyment thereof interrupted or ob- 
structed, by the construction of such dykes or other im- 
provements within the jurisdiction of the state of Illinois. 

Other dykes an- § 4. A likc permission, with a similar reservation as to 

thorized at the private rights, is hereby granted to said city of St. Louis, 

Sn?^'""'^'''to make other dykes similar in character to the dykes W 
and V, at the head of Bloody Island, should the same be 
necessary; and, also, to revet or otherwise protect the 



151 1851, 

western shore of Bloody Island, and the shore from the liead 
thereof, and to the upper end of the town of Venice : p^'^^. J^ro^'so- 
vided, in all such works, due regard shall be had to the 
interests of citizens of the state of Illinois, and the rights 
of the several ferry companies and the: St. Clair County 
Turnpike company and Illinois Coal company : vind y;ro- Further proviso. 
vided, further; that the revetment of the shore, and ad- 
ditional dykes in this section mentioned, shall, when com- 
pleted, take the place of the longitudinal dyke from Venice 
to the head of Bloody Island : Provided^ in the revetment of Proviso, 
the shore at the Madison Ferry landing, the slope shall 
be so made as to accommodate the landing of the boats 
at all stages of water. 

§ 5. If any person or persons sliall wilfully or malicious- Penalty for in- 
ly injure, tear down, destroy or remove any of said dykes, .|»r'ng stmc- 
or other works constructed by the city of St. Louis, under 
the joint resolutions of the last legislature, or hereafter to 
be constructed under this act, within the state of Illinois. 
he or she and his or her employer, aiders and abettors shall 
be deemed guilty of a misdemeanor, and subject to an in- 
dictment in the county in which such offence shall be com- 
mitted, and, upon convicton thereof, shall be fined in any 
sum not exceeding five hundred dollars, or imprisoned six 
months in the county jail, or both, in the discretion of the 
court in wliich such conviction is had. 

Approved February 17, 1851. 



AN ACT to establish a state road from Eu^hvllle, in ?clraylcr county, to Greenbusb, In force Feb. 17, 
in Warren county. 1S51. 

Section 1. Be it enacted by the people of tlie State of 
lllmo is, represented in the General JlssemUy, That Ed-^'-^-'nissioner?. 
ward Doyle, of Schuyler county, and Abraham David, of 
McDonough county, and Franklin Snapp, of Warren coun- 
ty, be and they are hereby appointed commissioners to lay 
out and establisli a state road from Rushviile, in Schuyler 
county, to Greenbush, in Warren county. 

§ 2. It shall be the duty of said commissioners, or any To take oath. 
two of them, to proceed to Rushviile, in Schuyler county, '■''>' °"^ 
upon the first day of May next, or as soon thereafter as 
they may find convenient, and after having been sworn by 
some acting justice of the peace or clerk of said county, 
to view, mirk and locate a road as above designated. 

§ 3. When the said commissioners shall have laid out rir.t of road t.> 
said road, they shall make out and deliver to clerks of the l^^l^^^^, cicrb?. 
co'inties through v/hich said road passes, a copy or plat of 
said ro;id, which plat by said clerks shall be entered of re- 
cord in their several olfice?, and the said entries shall be 



1851. 



152 



evidence in ail courts of this state- of the existence of said 
road. 

Compensation of ^ 4. The Compensation to each person employed in lo- 
andTurveyor.^ cating and establishing said road, shall be one dollar per 
day for each day necessarily employed, exclusive of ex- 
penses for provisions, forage for horses, &c., except the 
surveyor, who shall have two dollars per day for each day 
so employed. 

Expenses. § 5. The expenses incurred in establishing said road 

shall be allowed and paid by each county through which 
said road is located, in proportion to the distance or length 
of road in said counties ; the same to be made out by said 
commissioners, or any two of them. 
Approved Feb. 17, 1851. 



In force Feb. 1 i 
1851. 



E;a Salle. 



Livingston. 
Kendall. 



r.iireau. 
Putnam. 



Marshall. 



When grand ju- 
ry not to bj 
sutamoned. 

Proviao. 



Courts in Kano, 
03 Kalb, 
BDonc, .ind 
Mc Henry to be 
held a> hers-to- 
fore uulil after 



, AN ACT fixing the time of holJino; the circuit court in the ninth judicial district. 

Section 1. Be it enacted by the people of the State of 
Illinois^ represented in the General Asaemhly^ That from 
and after the first of June next, in the ninth judicial district 
the circuit court shall be held in tlie respective counties at 
the following times, viz : in the county of La Salle, on the 
third Tuesday of February and on the first Tuesday of No- 
vember ; in the county of Livingston, on the first Tuesday 
in March and October ; in the county of Kendall, on the 
second Tuesday of March and on the fourth Tuesday of 
November ; in the county of Bureau, on the third Tuesday 
in March and second Tuesday in October; and in Putnam 
county, on the fourth Tuesday in March and second Tues- 
day in October ; in the county of Marshall, on Monday after 
the fourth Tuesday of March, and on the Monday after 
the second Tuesday in October in each year. 

^ 2. In tlie ninth judicial district there shall be no regu- 
lar grand jury selected or summoned for the October, No- 
vember or December terms of the several circuit courts : 
Provided., that where it may be necessary, on account of 
the person accused being in jail, or otherwise, at any such 
terms, the circuit court may order the sheriff to summon a 
special grand jury, to examine such matters as may be giv- 
en them in charge, and the same proceeding may_^thereupon 
be had touching such matters as though said grand jury 
had been selected and summoned as a regular grand jury. 

§ 3. That so much of an act entitled "An act to estab- 
lish the thirteenth circuit," as fixes the time of holding the 
circuit court in the counties of Kane, De Kalb, Boone and 
Mc Henry, shall be of no eflfect until the first day of June 



153 1851. 



next, and tiie circuit court in said counties shall bo lield in *,'^'^ ^^^ ''"^ °^ 
the meantime in the same manner and at the same times as 
if no such act had been passed. 

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

Approved Feb. 17, 1851. ; 



AN ACT to nutlioriic the judges of the supreme court to enter orders and judgments ^^ force Feb. 17. 



in vac-ai.li n. 



Section 1. Ue it cnaded hy the people of the State. ^/ "^b^T^em^in 
Illinois, represeiited in the General t/lssemhly, That from vacation, in 
and after the passage of this act t!ie judges of the supreme iyait;neror"^" 
court, or a majority of them, shall have power and author- submitted. 
ity to enter orders and Judgments in vacation, in any of the 
grand divisions of this state, in all cases which have been 
argued or submitted to the said court during any term there- 
of, and which have l)een taken under advisement. 

Approved Feb. 17, 1851. 



AN ACT to authorize the county clerk of St. Clair county to receive redemptions on Ih force Feb. 17, 
forfeited lands heretofore sold to the state. 1851. 

Section 1. Be it enacted by the people of the ,S'^«^c o/ Cierk^o receive 
Illinois, repj^esented in the General Jlssenihly, That the monoy. 
clerk of the county court of St. Clair county be and he is 
hereby authorized to receive the redemption money upon 
any lands situated \\\ said county of St. Clair, heretofore 
bought by or forfeited to the stntn for non-payment of tax- 
es, and now subject to redemption, any thing in the act ap- 
proved Nov. 6, 1849, to the contrary notwithstanding. 

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

Approved Feb. 17,1851. 



AN ACT to relocate a part of the state road leading; from Farminjcton to Monmouth. In force Feb. 17; 

Section 1. Be it enacted by the people of the State o/' Commissioners. 
Illinois, represented in the General AsscTubly, That Har- 
mon Brown, Tiiomas McKee and John T. Bennett be and 
they hereby are appointed commissioners to relocate so 
much of the state road leading from Farmington, in Fulton 



1851. 151 

Route. county, to Monmouth, in Warren count)^, as lies between 

Spoon river and Abingdon, in Knox county. That said re- 
location shall be made on the most eligible ground, having 
due regard to private property, com.mencing at Hill's ford, 
on Spoon river aforesaid, thence by way of Harrisonville, 
in Knox county, and a point at the middle of the northern 
boundary line of section tliree, in township nine north, of 
range one east, to tlic middle of the crossing ot Main and 
Jackson streets, in the town ot Abingdon, aforesaid. Said 
connnissioners shall meet at Abingdon aforesaid on or be- 
'"^' fore the first day of July next, and proceed immediately to 

make such relocation, and shall make a plat and report in 
writing thereof, and return the same to the county court 

^'?'^*'^*"^°^^'^" of said Knox county. Said commissioners shall each re- 

sionors. . , . . . 

ceive two dollars per day for their services, which, togeth- 
er with any other incidental expenses, shall be paid out of 
the county treasury of Knox county. 
Approved Feb'y 17, 1851. 



lin force Feb. 17, AN ACT for a geological and minsralogical survey of the state of Illinois- 
1851. 

^aJi'LScd ^' Section 1. Be it enacted hy the people of the State, of 
Illinois^ represented in the General n/isscmbly, That the 
governor, auditor and treasurer of the state are hereby 
authorized and required, as early as may be, to employ a 
geologist of known integrity and practical skill, for tiie pur- 
pose of making a geological and mineraloglcal survey of 
the entire territory of this state. 

,^ , , § 2. It shall be the duty of said o-eolocrist to proceed, 

Dr-tyof geolo- ^ ,, ■' P ^ i ^ i i 

giat. as soon as the necessary arrangements can be made, and 

with as much dispatch as may be consistent with minute- 
ness ?am\ accuracy, to ascertain the order, succession, ar- 
rangement, relative position, dip and comparative magni- 
tude of the several strata or geological formation within the 
state; to search for and examine all tiie beds and deposites 
of ores, coals, clays, marls, rocks and such other mineral 
substances as may present themselves, and to obtain chem- 
ical analysis of these substances, the elements of which 
are undetermined, and, by strict barometrical observations, 
to determine the relative elevations and depressions of the 
different parts of the state. 
Tomakcannuai § 3. It shall also be the duty of said geologist, during 
reports. ^|^^ time employed in the above work, to make annual re- 

ports of the progress and results of his labor, accompanied 
by such maps and drawings as may be deemed necessary, 
to illustrate the said reports ; all of Vv^hich shall be trans- 



155 1851. 

mltted to the governor, in such condition that he may, with- 
out delay, cause them to be printed and circulated through- 
out the state, or wherever else he m;iy desire to send them. 

§ 4. It shall be the duty of said geologist to procure Specimens re- 
and preserve a full and entire suit of the different speci- 'i"'i«i to bo 
mens toand in the state, and cause tliem to be delivered to 
the secretary of state, who shall cause them to be properly 
arranged in a cabinet, and deposited in some apartment in 
or convenient to the capitol. Said suit shall be sufficiently 
large to furnish specimens to all institutions of learning 
within the state, empowered to confer degrees in the arts 
and sciences. 

§ 5. The final reports uf said geologist sltall embody pinai report, 
the results of the entire survey, and shall be accompanied 
by a geological map of the state, showing, by different colors 
and other marks and characters, the precise localities and 
extent of the difTerent geological formations. 

^ 6. For the purpose of carrying out and completing $3,000 appropri- 
the said survey, the sum of not exceeding three thousand ^^^^' 
dollars is hereby placed at the disposal of the governor, to 
be applied to the payment of the said geologist, and such 
assistants as he may employ, by and with the consent of the 
governor, auditor and treasurer, and to defray the inciden- 
tal expenses of the survey ; vvhich annual appropriation 
shall continue until the completion of said survey, or until 
its discontinuance be ordered by the legislature of this state. 

§ 7. No money shall be paid to said geologist, or for jioncy, when 
the purpose of said survey, until the work shall be com- i"^^^- 
menced. 

§ 8. The said survey shall, if practicable, be com- Survey, where- 
menced at the southern part of the state, and be proceeded commenced- 
with northerly. 

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

Approved Feb. 17, 1851. 



AN ACr authorizing thc5;overnor of this state to erect a monument to the memory of jjj force Feb. 17 
Thomas Ford, late governor of this state. 1861. 

Whereas it pleased the Almighty Ruler of the Universe to Preamble. 
to t:ike from our midst, in November last, Thomas Ford, 
esq., late governor of this state ; and whereas the ser- 
vices rendered this state by th^. deceased entitle his 
memory to be preserved and handed down to posterity ; ^> 

therefore, 



1851. 



156 



Appropriation. 



Authority to 
govornor. 



Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Jhsemhbj, Tliat the 
sum of five hundred dollars be and the same is hereby ap- 
propriated, out of any moneys not otherwise appropriated, 
for the purpose of erecting to the memory of Thomas Ford, 
esq., late governor of this state, a monument or marble slab, 
witli proper inscriptions on the same, at the grave of the 
deceased ; also, for putting an iron fence around the grave. 

§ 2. That tiie governor of this state be authorized to 
carry the foregoing section into effect, and on his certificate 
of the amount expended, which shall not exceed the amount 
appropriated by the first section of this act, the auditor 
of public accounts shall draw a warrant on the treasurer 
for the same. 

Approved Feb. 17, 1851. 



In force Feb- 17 ^^ ■^^'^ concerning fines and forfeitures within the limits of the city of Belleville. 
1351. 

Fines and for- Section 1. Be it enacted by the people of the State of 
^f^l^iV^iQ^^Q Illinois, represented in the General Assembly, That here- 
paid into city after all fines and forfeitures collected for penalties incurred 
treasuiy. within the incorporated limits of the city of Belleville, in 
St. Clair county, shall be paid into the treasury of said city 
by the officers collecting the same. 
Same provisions s, 2. The provisions of the preceding Section shall apply 

applicable to , , • /• • xi • t. v r^\ • 

Chicago. to and be in lorce in the city ot Chicago. 

§ 2. This act shall be in force from and after its passage. 
Approved February 17, 1851. 



In force Feb. 17, AN ACT to authorize the circuit court of Cook county to appoint port wardens, and 
1851. prescribing their duties. 

Three port war- Section 1. Be it enacted by the people of the State of 

pointed. ^ ^^' Illinois, represented in the General Assembly, That the 

circuit court of Cook county, at any term thereof, shall 

appoint three competent and discreet persons, residing in 

the city of Chicago, to be port wardens for said county, who 

Term of office, shall hold their respective offices for the term of four years, 
and until others shall be appointed by said court, and in 
case any such officer shall remove out of said county, such 
removal shall be deemed a resignation of his said oftice, and 
the circuit court shall fill such vacancy by a new appoint- 
ment, at the next term thereof. 



157 1851. 

§ 2. Before any person so appointed sliall enter vipon^o take oaUi of 
or perform any of tlie duties of iiis office, he shall make 
oath before the clerk of the circuit court of Cook county, 
faithfully and impartially to discharge all the duties of a 
port warden as by tliis act are hereinafter declared, and 
the clerk shall tliereupon deliver to such port warden a cer- 
tificate of his appointment, under the seal of the court. 

§ 3. It shall be the duty of either one of the said war- Tlieir duties 
dens, on application of any person, to repair on board any 
steamboat or other vessel navigating the lakes, rivers or 
waters within the })recincts of said county, and examine 
the condition of said steamboat or vessel, or the condition 
of any cargo or lading on board the same, to survey and 
rate the san e. 

§ 4. It shall also be the duty of either one of said war- FuvHierdutie?, 
dens, on application in writing to them, by any person or 
persons who may receive or be about to receive any goods, 
wares or merchandise at the port of Chicago, from any 
steamboat or vessel, within twenty-four hours after said 
goods, wares or merchandise shall have been landed at said 
port, and there is reason to think that the same are dam- 
aged, to notify the master, owner or agent of such steam- Damnge to 
boat or vessel of such application, and of the place and g°<"-^- 
time of examining such goods, wares or mercliandise, when 
and where it sluiU be the right of said master, owner or 
agent to appear, and, if he thinks proper, to call in one 
other warden to join in the survey and estimate of damage, 
he may do so, but if no objection is made, the said warden 
first selected shall proceed to examine, survey and estimate 
the damage on said goods, wares and merchandise, and 
state the cause of the same, from the best evidence pre- 
sented to him by all parties, and give a certificate of the 
same; or if two port wardens shall jointly examine, survey 
and estimate, they shall give a joint certificate of the same. Certificate there- 
but in case of their disagreement, the two first wardens °^' 
shall call in the third port warden to decide between them, 
and the certificate shall in that case be signed by them, or 
by tiie two agreeing in the facts respecting the damaged 
goods, wares and merchandise. 

^ 5. It shall also be the duty of either of the said war- Goods taken 

d*" 1 1 "^ 1 T 1 11 1 from iTrecked 

ens, when any goods, wares or merchandise shall be or stranded 

brought to the port ot Chicago from any steamboat or other vessels. 

vessel, wrecked or stranded in any of the lakes, rivers or 

waters within or adjoining this state, to receive the charge 

and care of the same, provided the person or persons having 

the same in possession do not, within twenty-four hours after 

the said goods, wares and merchandise shall have arrived at 

sell port, arrange terms of settlement with the ow"^' i of said 

goods, wares or merchandise, or the agent or consignee 

thereof, the said warden or wardens so receiving said goodj. 



1851. 158 

wares or merchandise shall pay all freiglit from said wreck 
or stranded steamboat or vessel, charges and other ex- 
^ penses as shall be justly established as being due on the 
same, for salvage, freighting and care thereof; and said war- 
dens shall put in store, for safe keeping, all or sucii part of 

*bieho^v"to be^'^^ ^^™^ ^^ ^^^^ ^^^^ ^^ ^^ ^ perishing condition, and all of 
disposed of. said goods, wares or merchandise deemed by him so to be 
in a perishing condition shall be examined by three disinter- 
ested citizens, who may have knowledge in such matters, 
and if, upon their opinion certified by them that it is ad- 
visable, the same should be sold without delay, for the best 
interest of whom it may concern, then the said wardens 
shall proceed to give reasonable public notice of sale, and 
to sell the said goods, v/ares or merchandise pursuant to said 
: ,' notice, for tiie account of whom it may concern, taking 

care to record the sale and all the legible marks on said 
goods, wares or merchandise, in order that the rightful 
owner or owners thereof, or their agent or consignees, may 
claim the proceeds of the sale thereof; and the said war- 
den or wardens, if more than one is acting in the matter or 
case, is authorized to pay the said owner or owners, or their 
agents, the proceeds of such sale, upon the legal establish- 
ment of their rights of property in the same, after first de- 
ducting all legal expenses in the case, of advertising and 
sale of said goods, wares or merchandise, together Vi-ith all 
moneys advanced as aforesaid by said warden or wardens, 
and also their fees; and further, the said warden is author- 
ized to deliver to the rightful owner or owners, or their 
agents, of said goods, wares or merchandise put in store 
for car'e and keeping by said warden, the said warden or 
wardens being first paid for all moneys advanced as afore- 
said for salvage, care, freight and drayage, and for storage 
on said goods, wares and merchandise. 

Record required ^ Q. It shall also be the duty of each of said wardens 
to DO ep . ^^ keep a fair record of their doings by virtue of said office, 
and to give copies and certificates thereof, under his hand 
and seal, to any person on application, and all such copies 
and certificates shall be taken and deemed ^jr/wa facie ev- 
idence of the facts therein duly stated ; and for the faithful 
performance of their duties the said port wardens shall give 

Bonds required bonds, such as may be approved by the judge of the circuit 
de°M.^°^ ^^"^ court of Cook county, in an amount not to exceed two 
thousand dollars. 

^^^' § 7. There shall be paid to each port warden for his 

services, the following fees, viz : for inspecting of each 
steamboat or other vessel, or the cargo and storage thereof, 
not exceeding five dollars, to be paid by the person apply- 
ing for such inspection ; for examining and assessing dam- 
ages, under and by virtue of the fourth section of this act, 
not, exceeding five per centum on the whole value of the 



159 1851. 

goods, wares or merchandise examined and assessed by 
him — said value to be ascertained by tlie invoices of said 
good:!!, or by the market value thereof — fees to be paid by 
the applicant; or if there be found no damage on said 
goods, the applicant shall pay for the service of said war- 
den in examining said goods, a fee of one dollar, and if he 
is employed more than one hour, fifty cents for every addi- 
tional hour. For duties under and by virtue of the fifth 
section of this act, on all sales of damaged goods, wares 
and merchandise, not exceeding five j)er centum on the 
gross amount of said sale or sales by said warden or war- 
dens eiTected ; and for certificate or copy of record, lifty 
cents. 

6 8. The judge of the circuit court of Cook county is Keduction of 

•> 1 • 1 1 T • 11 ii^^s, how made. 

herooy autiiorized and empowered, on application made by 
petition to him from the board of trade of the city of Chi- 
cago, to reduce and fix the compensation allowed by this 
act to the said })ort wardens for their service. 

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

Approved Feb. 17, 1851. . , 



AN ACT to define the time of holding the circuit courta in the elevcnih judicial In force PVb. 17. 

circuit. 1851. 

Skction 1. Be it enacted hy the people of the State oj Counties eompo 
Illinois, represented in the General Assembly^ That the clrcmt.^*'^ 
bounties of Will, Du Page, Iroquois, Grundy and Kanka- 
kee f if said county of Kankakee shall become organized) 
shall cou3tiuite the eleventh judicial circuit. 

§ 2. That from and after the first day of July next the Timeofhoitiiug 
times of holding courts in said circuit shall be as follows,. '^°"''^^- 
to wit : In tiie county of Will, on the second Mondays of 
April and September of each year; in the county of Du 
Page, on the fourth Mondays of April and September of 
each year; in the county of Grundy, on the second Mon- 
di - ■• " ' - . ^ , , 




days ^..^. .-..- ^ j-^ -^ .^^ .-.- ^-..^^-^...^^^ v.. 

each year; in the county of Kankakee (if such county 
shall become organized) the courts shall be held at such 
times as the judge of said court shall direct. 

5 n. The judcre of the elevent'i iudicial circuit shall Springterms for 

5 3 i-> n ^ • 1851 

hold the spring terms of the circuit court for the present 
year in the counties of Boone, McH inry and Winnebago, in 
the same manner as if this law had not been passed. 



1851. 160 



state's attor 
ney 



Election of s 4. The election of a state's attorney for said circuit 

shall be held on the first Tuesday of April next, instead of 
the first Thursday of said month, as provided in the eighth 
section of "An act to establish the thirteenth judicial cir- 
cuit," approved February fourth, eighteen hundred and 
fifty-one ; and it shall be the duty of tlie secretary of state 
to cause a copy of this act to be immediately forwarded to 
the clerks of the circuit and county courts of the several 
counties composing said judicial circuit. 

This act to take eflfect on its passage. 

Approved February 17, 1851. 



In force Marcli •A.'N' ACT to amend chapter nine of the Eevised Statutes, entitled " Attachmcnta 
I 1351. in circuit courts. 

Notice, when to Section 1. Be it enacted by the people of the State of 
be published. j/HjjqI^^ represented in. the General Jissemhlij^ That upon 
the return of attachments issued in aid of actions pending, 
unlesS'it shall appear that the defendant or defendants have 
been served with process in the original cause, notice of 
the pendency of the suit, and of the issue and levy of the 
attachment, shall be published as is required in cases of 
original attachment; and such publication shall be sufficient 
to entitle the plaintiff to judgment, and the right to proceed 
thereon against the property and estate attached, and 
against garnishees in the same manner, to the same extent, 
and with like eflfects as if the suit had been commenced by 
attachment. 

This act appiica- § 2. In actions now pending in court plaintiffs may 
bie to actions piyg \\-^q noticc and proceed therein under the provisions of 

now pending, ri • , 

tills act. 

This act shall take effect on the first day of March next. 
Approved February 17, 1851. 



InforceFeb. 17, AN ACT to legalize certain acts and proceedings of the county court of Du Page 
1851 . county, and to provide for transcribing certain records of the Du Page county cir- 

cuit court. 

Preamble. Whereas the county court of Du Page county continued to 
hold and exercise jurisdiction over the county business 
of said county after the election of officers under the 
township organization, to wit: from the March term of 
said court, A. D. one thousand eight hundred and fifty, 



161 1851. 

until the Tuesday after the first Monday in No\-e:-aber 

following; therefore, 

Section 1. Be it enacted by the people of the State of 
lUin.ois, represented in the General vlssembly, Thai all Acts legaiizcti, 
and singular the acts and proceedings of the said county 
court, touching the business of said county during the time 
aforesaid, are hereby declared to be as valid in law as though 
the township organization had not been adopted in said 
county. 

§ 2. ^^nd he it further enacted, that Hugh Henderson, Commissioners 
Nathan Allen and Abrani R. Dodge be and they hereby are corl^o'"circuU 
appointed commissioners to examine the judgment and ^°^^^- 
execution docket and other records of the Du Page county 
circuit court, and if in t!ie opinion of said commissioners it 
shall Le necessary, in order to the preservation of the same, 
that they or any portion thereof be transcribed, said 
commissioners shall make report thereof to the said court, 
at its April term, A. D. one thousand eight hundred and 
iifty-one ; which report shall be entered upon the records 
of said court; whereupon it shall be the duty of the judge in what ease t» 
of said court to make such order as he shall deem necessa- i^e transcribed . 
ry and proper in the premises, to enable the clerk of said 
court to procure the necessary book or books for such pur- 
pose, and to transcribe the records aforesaid. 

§ 3. It shall be the duty of the said commissioners to t. , . , 
fix m their reports aforesaid the compensation which said for'transcribins 
clerk shall receive for services rendered, in pursuance of '■*^'^°'"ds. 
this act; and when such transcript shall be completed it a 

shall be the duty of said clerk to certify his services to the 
board of supervisors of said county, at any regular or ad- 
journed meeting thereof, who shall audit and order the same 
to be paid out of the treasury of said counly. , v. 

This act s'^all be in force from and after its passage. '' •• 

Approved February 17, 1851. 



AN ACT regulating the payment of money out of the treasury. •- » p i i<7 

1S51. ' 

Section 1. Be it enccted by the people of the State of 
Illinois, represented in the General Jlssembly, That when- Manner of issu- 
ever any person shall be entitled to a warrant on the treas- i^s^^arrantsto 

'' ^ . . Li^u.^ persons against 

urer, on any account Wi'c\tover, against whom there shall be whom the stau 
any account or claim in favov of the state then due and pay- ^^.s a set-off. 
able, the audit • of n-'-'.lo accounts shall ascertaii the 
amount due - '^ ■ payaoie to the state as aforesaid, and issue 
« warrant on tne treasurer, stating the amount for which 
11 



1851. 162 

the party was entitled to a warrant, the amount deducted 
therefrom, and on what account, and directing the payment 
of the balance; which warrant so issued shall be entered on 
the books of the treasurer as for the amount the party was 
entitled to, but the balance only shall be paid : Provided, 

Provbo. however, that the action of the auditor under the provisions 

of this act shall not be conclusive upon any party who may 
receive any warrant issued as aforesaid, but such party shall 
have the right to contest, in any court having jurisdiction, 
the correctness of any decision of the auditor under the 
provisions of this act. 

§ 2. No sale, transfer or assignment of any claim or 

Right of set-off demand against the state, or right to a warrant on the treasu- 
fMted°bytran3-rer, shall prevent or affect the right of the auditor to make 
fer of claim the deduction and offset provided in the foregoing section. 

against state. rp^jg ^^^ gj^j^H ^^^^ ^Q^^^ ^^ -^g passage. 

Approved Feb. 17, 1851. 



In force Feb. 17, AN ACT authorizing an additional constable to be elected in Preston precinct, ia 
1851. Randolph county. 

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

Illinois, represented in the General Assembly, That Pres- 

Additionai con- ton precinct, in the county of Randolph, shall be and is 

hereby entitled to one constable in addition to the number 

now allowed by law. 

§ 2. The election for said additional constable shall be 
i^Mcrof eieo- ^j.^^j,g J and held in the same manner as is now provided by 
law for filling vacancies in the office of constable, and agree- 
ably to the election laws now in force ; and the constable 
elected under the provisions of this act shall give bond and 
qualify, and shall be entitled to the same fees, and be liable 
to the same extent as other constables in this state. 

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

Approved Feb'v 17, 1851. 



163 1851. 

AN ACT providing for a special appropriation. In forcj Feb.l" 

1851. 

Section 1. Be it enacted by the people of the State of 
Illinois^ Teprenented in the General Jhseinbly^ That the 
auditor be and he is hereby authorized and required to draw ^pjl^j^'^^ ^^T^. 
his warrant in favor of Richard M. Young, for the sum of M. Young. 
one thousand dollars, in full for services rendered the state 
in procuring the re-examination and re-statement of tlie ac- 
count ;lating to the three per cent, school fund due the state 
of Illinois ; and that the same be paid from the funds re- 
ceived from the United States for the encouragement of 
learning, under the ordinance of April eighteenth, one 
thousand eight hundred and eighteen. 

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

Approved Feb. 17, 1851. 



AN ACT to establish a general system of banking. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assevibly, That the 
auditor of public accounts is hereby authorized and re- -^"(^i^or to p»o- 
quired to cause to be engraved and printed, in the best man- *t^be engr^red 
ner to guard against counterfeiting, such quantity of circu- and printed. 
lating notes, in the similitude of bank notes, in blank, of 
different denominations, not less than one dollar, as he may, 
'from time to time, deem necessary to carry into effect the 
provisions of this act ; such blank circulating notes shall 
be ccantersigned, numbered and registered in proper boolass, 
to be jji J-" ided and kept for that purpose in the office of the 
auditor, under whose direction, by such person or persons 
as the said auditor shall appoint for that purpose, so tiiat each 
denomination of each circulating note shall bear the signa- 
ture of such register, or one of such registers. 

§ 2. Whenever any person, or association of persons. When to be de 
formed for the purpose of banking under the provisions of li^efe^i to a«8o- 
this act, shall lawfully transfer to and deposit with the audi- gons. °* *"^ "^^"^ 
tor any portion of the public stock issued, or to be issued, by 
the United States, or any state stocks on which full interest 
is annually paid, or the stocks of this state — the latter stocks 
to be valued at a rate twenty per centum less in value than 
the market price of such stocks, to be estimated and govern- 
ed by the average rate at which such stocks have been sold 
in the city of New York, within the previous six months 
preceding the time when such stocks maybe left on deposit 
with the auditor, and in no case shall the auditor issue bills 
for banking purposes, on bonds of this or any other state, 



1851. 1G4 



on which less than six per cent, is not regularly paid, unless 
there shall be deposited with him at least two dollars in 
bonds, exclusive of the interest, for every dollar in bills so 
issued. Such person, or association of persons, shall be 
entitled to receive from the auditor an equal amount of 
such circulating notes, of different denominations, register- 
ed and countersigned as aforesaid ; and it shall not be law- 
ful for the auditor to take such stock at a rate above its par 
value : Provided, that stock shall in no instance be receiv- 
ed by the auditor at a rate above the market value at the 
time of the deposit by said banker or association. 

§ 3. A descriptive list of the circulating notes so regis- 

List of notes totered and signed shall be delivered to the treasurer, who 

boddivcred tOg^jj^n ^opy ^de same in the book hereinafter required to be 

irtasiu-er. ^^^^ ^^ j^.^^^ ^^^ recording descriptive lists of securities 

deposited with him for safe keeping. 

§ 4. Such person, or association of persons, are hereby 

Loan ardcircu- authorized, after having executed and signed such circula- 

lationof notes i-jj,,-^ notes, in the manner prescribed by this act, payable on 

authorized. ^^^^^^^ ^^ ^j^g pl^pg ^p business, withiu this state, to loan 

and circulate the same as money, according to the ordmary 

course of banking business. 

§ 5 Three descriptive lists of the securities transferred 
aecurities to Le to the auditor as aforesaid,_shallbe made and signed by the 
deposited with auditor and persons making the transier, one m a well 
treasurer. ^Qund book, to be kept by the auditor for that purpose, 
one in a like book to be kept by the treasurer, and one in 
a book to be kept by the association ; and said securities 
shall then be delivered to the treasurer for safe keeping, 
who shall receipt to the auditor for the same, and who shall 
be responsible for any loss or destruction thereof, growing 
out of or resulting from negligence, or the want of reason- 
able precaution and care. The whole or any part of said 
When te be re- Securities may be re-delivered tothe auditor, for the pur- 
deiiTcredtoau-pQgggQf beincr sold Under the provisions of this act, or be- 
^'^^' ino- used or dfsposed of under any order or decree of court, 

or^of being returned to the owner, in conformity with the 
provisions of this act— the auditor, in either case, giving a 
receipt upon the book kept by the treasuier aforesaid, 
specifying therein the purpose for which such re-dehvery 
was made ; which receipt shall discharge the treasurer from 
all further responsibility. 

§ 6. Any number of persons may associate to estabhsh 
li^iations offices of discount, deposit and circulation, and become in- 
corporated upon the terms and conditions, and subject to 
the liabilities prescribed in this act ; but the aggregate 
amount of the capital stock of ^ny such association shall 
Amount stock, not be less ihan fifty thousand dollars. , . , , „ 
§ 7. Such persons, under their hanas and seals, shall 
GeBkUoato. make a certificate, which shall specify : 



165 1851. 

Fii\st. The name assumed to distinejuish such association, N-'^me. 
and to be used in its dealings. 

Second. The place where the business is to be carried on, Place, 
designating the particular city, town or village. 

Tliird. The amount of capital stock, and the number of Sl^ares. 
shares into which the same shall be divided. 

Fourth. The names and residence of the shareholder, ^J^^^g^""^'"^'^'' 
and the number of shares held by each of them respectively. 

Fifti:. The period at which such association shall com- ^^7^°jJ^^°^ **''°" 
mence and terminate ; which certificate shall be acknow- 
ledged and be recorded in the office of the recorder of the 
county v/here any office of such association shall be estab- Q,.,.tif,e(ite l^^^,\^ 
lished, and a copy thereof shall be filed in the office of tiie fii'^'i- 
secretary of state and the auditor of state ; and upon the 
recording of which certificate the person or association of 
persons aforesaid shall become a body politic and corporate, 
by the name assumed as aforesaid, for and during the time 
fixed in the certificate, and by such name sliall have power Corporate i>ow- 
to make contracts ; to grant and receive ; to sue and be "^"^ 
sued ; to plead and be impleaded, in all courts and places 
wherein legal or judicial proceedings may be had ; to have 
and use a common seal, and alter the same at pleasure ; to 
liave, hold, use and enjoy property, real, personal and mix- 
ed, with the rents, issues and profits thereof; and to exer- 
cise all other powers conferred by this act ; and all grants 
or conveyances of real estate shall be under the seal of the 
corporation, signed by the president, and countersigned by 
tlie cashier. 

§ S. A copy of the certificate required by the sec- Certified eopie« 

tion of this act, duly certified by the recorder of the coun- to be e^idenoe* 
ty and secretary of state, or by either of those officers, may 
be used as evidence in all courts and places against any 
such association, or any other person for or against whom 
any such evidence may be necessary, on any civil or crim- 
inal trial. 

§ 9. Such associations shall have power to carry on the Banking pow- 
business of banking, by discounting bills, notes, and other ^^^• 
evidences of debt; by receiving deposites ; by buying and 
selling gold and silver bullion, foreign coins, and bills of 
exchange ; by loaning money on real and personal securi- 
ties, and by exercising such incidental powers as may be 
necessary to carry on such business ; may choose one of 
their number as president, and appoint a cashier and such 
other officers and agents as their business may require. 

§ 10. The shares of said association shall be deemed Shares of stock 
personal property, subject to taxation, and shall be trans- p°Jonaf^To^ 
ferable on the books of the association, in such manner as perty, Ac. 
may be agreed on in the articles of association ; and every 
person becoming a siiareholdor by such transfer, shall, in 
proportion to his shares, succeed to all the rights and liabil- 



1851. 166 

ities of shareholders by whom the transfer v*^as made. No 
change shall be made in the articles of association, or of 
the shareholders or members thereof, by which the ri^ht, 
remedies or securities of its existing creditors shall be im- 
paired. S uch association shall not be dissolved by the death 
or insanity of any of the shareholders therein, when there 
,• „ » is more than one shareholder in such association. Taxes 
be taxed. shall be levied on and paid by the corporation, and not upon 
the individual stockholders : the value of the property to 
be ascertained annually by the bank commissioners herein 
provided for; and the rate of taxation shall be the same as 
that required to be levied on other taxable property ly the 
revenue laws of the state. 

§ 11. Contracts made by any such association, and all 
Fr«iieiit and notes and bills by them issued, and put in circulation as 
ctiihier to sign mouev, shall be signed by the president and cashier thereof; 
and all suits, actions and proceedings, brought or prose- 
cuted by, or in behalf of such association, may be brought 
or prosecuted in the name of tiie corporation ; and no such 
g„its. suit, action or proceeding shall abate by reason of the 

death, resignation or removal from office of any president, 
but may be continued and prosecuted according to such 
rules as the court of law and equity may direct. 

§ 12. Any persons having demands against any such 
Actions ac^ainst association, may maintain actions against the corporations; 
corporation, which suits or actions shall not abate by reason of the death, 
resignation or removal from office of any president, but 
may be continued and prosecuted to judgment against the 
corporation ; and all judgments and decrees obtained 
against such corporation, for any debt or liability of such 
association, shall be enforced against the property of the 
same, except such judgments or decrees as may be obtained 
against shareholders as herein provided. 

§ 13. The auditor may give to any person or associa- 
Power of attor-tion of persons, so transferring stocks, in pursuance of the 
B9J- provisions of this act, power of attorney to receive^ inter- 

est or dividends thereon, and apply the same to their own 
use ; but such powers may be revoked upon such person 
or association failing to redeem the circulating notes so 
issued, or whenever, in the opinion of the auditor, the prin- 
cipal of such stock shall become insufficient security ; and 
Siirrccdor of Be- the auditor may, upon the application of the owner or own- 
«imt «M. gj.g Qf gm.}-, stock, re-transfer to such owner or owner®, 

upon receiving and cancelling an equal amount of such 
circulating notes, delivered to him by each person or asso- 
ciation, in such manner that the circulating notes shall al- 
ways be secured in full by the pledge of stocks; which cir- 
culating notes after descriptive lists thereof have been 
made and recorded by the auditor and treasurer, shall, in 
presence of these officers, be consumed by burning. 



167 1851. 



^14. In case such person or association of persons ProcroainRi is 

"■ " ■" " - --- - - - pjj^j^ ^- failure 

to redeem bills. 



shall fail or refuse to pay any bill or note on demand, in the ''■'■*° '^^ failure 



manner specified in the seventeenth section of this act, the 
auditor, after ten days' notice given in two newspapers 
printed in the city of New York, therein mentioned, may 
proceed to sell, at public auction, in the city of New York, 
the public stock so pledged, or such portion as may be ne- 
cessary, and out of the proceeds of such sale shall cancel 
and pay the said bill or note, default in paying which shall 
have been made as aforesaid ; but nothing in this act con- 
tained shall be considered as implying any pledge on the 
part of the state for the payment of said bills or notes, be- 
yond the proper application of the securities pledged to the 
auditor for their redemption. 

§ 15. The public stock to be deposited with the auditor Application of 
by any such person or association, shall be — first, for the ^^'curitiea. 
redemption of bills or notes of such person or association, 
put in circulation as money, until the same is paid ; second, 
for the payment of all other liabilities, and the excess for 
tlie use of stockholders. 

§ 16. The plate, dies and materials to be provided by Plates, die?, Ae. 
the auditor for the printing and marking of the notes pro- eustX'^o^ au- 
vided for hereby, shall remain in his custody and under his ditor. 
direction ; and the expense incurred in executing the pro- 
visions of this act, shall be audited and settled by the au- 
ditor, and paid out of any money in the treasury not other- 
wise appropriated ; and for the purpose of re-imbursing the 
same, the said auditor is authorized and required to charge 
against and receive from such person or association apply- 
ing for such circulating notes, such rate per cent, thereon 
as may be sufficient for that purpose. 

§ 17. It shall not be lawful for the auditor, or other Amount of not** 
officer, to countersign bills or notes for any person or asso- se^ouriliM!' 
ciation, to any amount, in the aggregate exceeding the 
public stock deposited with the auditor by such person or 
association, as provided in the second section of this act; 
and any auditor, or other officer, who shall violate the pro- 
visions of this section, shall, upon conviction, be adjudged 
guilty of a misdemeanor, and shall be punished by a fine P*^^'^^''-'- 
not less than five thousand dollars, and be imprisoned not 
less than five years in the penitentiary. 

^ 18. Every association under the provisions of this Damages for 
act, shall be liable to pay the holder of every bill or note ^rjl^;'"''*' 
put in circulation as money, the payment of which shall 
have been demanded and refused, damages for the non- 
payment thereof, in lieu of interest, at the rate of twelve 
and one half per cent, per annum, from the time of such 
refusal until the payment of such evidence of debt and the 
damage thereon. The president and cashier of every as- 
sociation formed pursuant to the provisions of this act, shall 



1851. 168 

List of share-" keep a true and correct list of the names of all the share- 
°'^'^^" holders of such association, and shall fde a copy of such 

list in the office of the clerk of the county where any 
office of such association may be located, and also in the 
office of the auditor, on the first Monday in January, in 
every year. 

§ 19. It shall not be lawful for any association under 

Kotes, where this act, to make any of its bills or notes, put in circulation 

payable. ^^g money, payable at any oLher place than at the office 

where the business of the association is carried on and 

conducted. 

§ 20. No banking association or individual banker shall 
Notes to be pay- issue or put in circulation any bills or notes of such asso- 
1'^'L"?,.ff""^'^'' elation or banker, unless the same shall be made payable 
on demand. And every such association or bankers shall 
always keep on hand a sufficient amount of specie to re- 
deem all such bills or notes as they may be presented at the 
place of payment. » 

§ 21. It shall be the duty of the auditor to receive mu- 
Mutiiated notes dilated notcs issued by him, and re-deliA-er, in lieu thereof, 
to be exebang- other circulating notes, to the same amount. And two de- 
andlistTthere-Scriptive lists of sucli mr:tilated notes so received, and of 
uf to be kept, notes re-delivered, shall be made; one to be retained by 
the auditor, the other by the treasurer, and copied in each 
office on the book kept for the purpose of recording de- 
scriptive lists of securities ; and all such mutilated notes 
shall, at the time they are received, be consumed by burn- 
ing, in the presence of said officers. 

§ 22. All grants, conveyances, assignments, transfers, 

(Grants, <tc. pre- sales, or other disposition of property, rights, credits or 

or3?to'brvo'iii ^^'^^^^ ^y ^^J such Corporation, for the purpose or with in- 

as to other ered- tent to sccurc the payment of one liability in preference to 

"^°''' another or others^ or in any manner to secure any priority 

or preference to any one or more creditors, or which shall 

be intended to have such operation or effect, shall be void 

in respect 1o all otlier persons and creditors whose rights 

or remedies may be effected thereby. 

§ 23. It shall be lawful for such association to purCiiase, 
Purposes for hold and convey real estate for the following purposes : 
which real es- igf;, g^ch as shall bc neccssarv for its immediate ac- 

late may be -, , . i i • i i i -i t ^ j 

; iioid and con-commodation, bai.kuig-houses, and buildmgs connected 
veyed. therewith in the transaction of its business. 

2d. Such as shall be mortcjaged to it in good faith, by 
way of security for loans made by and money due to such 
association. 

3d. Such as shall be conveyed to it in satisfaction of 
debts previously contracted in the course of its dealings. 

4th. Such as it shall purchase at sales under judgments, 
decrees or mortgages held by such association, and at sales 
under judgments and decrees in favor of others, where it 



169 1851. 

is done with the sole view of securing and saving debts due, 
or to become due to such corporation. 

§ 24. The said association shall not purchase, hold or r^'^strictiona in 

•> . , /• I purchiise and 

convey real estate m any otlier case or lor any other pur- sale of reaUs- 
])ose whatever ; and all conveyances of sucli real estate *'^'^'^- 
shall be made to the corporation, and which the president 
and casliier, or either, may sell,, assign, grant or convey 
under the direction of the association, free from any claim 
thereon in favor of or against the shareholders, or any per- 
son claiming under them. 

^ 25. Upon the application of the iuiditor, the share- In^'i^^t'sn'f'n.o'" 
holders ot any such association, wliose dcots or shares si'all when made. 
amount to three thousand dollars, and stating facts, verified 
by affidavit, the judge of the circuit court of the county in 
which the business of the association may be conducted, 
may order an examination to be made by any competent 
person or persons, to be by him appointed, of the affairs of 
such association, for the purpose of ascertaining the safety 
of its investments and the prudence of its management; 
and the result of such examination, together with the opin- 
ion of the judge thereon, shall be published in such manner 
as he shall direct, and who shall make such order in respect 
to the expenses of such examination and publication as he 
may deem proper. 

§ 26. In case the maker or makers of any such circula- Failure to si- 
ting notes, countersigned and registered as aforesaid, °''™' 
shall, at any time hereafter, on lav/ful demand, during the 
usual hours of business, between the hours of ten and three 
o'clock, at the place where such note or notes is or are 
payable, fail or refuse to redeem them in the lawful money 
of the United States, the holder of such note or notes making 
such demand may cause the same to be protested for non- ^'■^''^^*- 
payment, by a notary public, in tlie usual manner, and the 
auditor, on receiving and filing in his office such protest, 
shall forthwitli give notice, in writing, to the association or 
banker, the maker or makers of such notes, to pay the 
same, and if he or they shall omit to do so, the auditor Duty of auditor. 
shall, immediately thereupon, (unless such association or 
banker shall satify him by affidavits filed in his office that 
they or he had a good defence as against the person pre- 
senting the same to a recovery thereof,) give notice in at 
least one paper printed (if any paper is so printed or pub- 
lished) at the place of business of such person or persons, 
bank or association, so refusing payment of any notes, (and 
in one newspaper published at the seat of government of 
the state of Illinois,) that all the circulation issued by such 
person or association will be redeemed out of the trust 
funds belonging to the maker or makers of such protested 
note, to the payment, iiro rata, of all such circulating noies, 
whether protested or not, and to adopt such measures for 



1851. 170 

the pay: ^ent of such notes as will, in his opinion, most ef- 
fectually prevent loss to the holders thereof. And so soon 
Powerof corpo-as any such note shall be protested as aforesaid, a copy of 

ration u» cease. . * j. . i n i i i' -, . .i ■ ^ , i > ' 

such protest snail be aeuvered to the president, cashier or 
principal clerk at the office or place of business of the as- 
sociation. The powers and duties of any such association 
or banker over or with the same shall cease and determine, 
and all the officers connected with the same shall be pro- 
hibited from exercising any control whatever over the same, 
unless by the decision or decree of the court in which pro- 
ceedings may be had for the appointment of receivers and 
winding up the affairs of the association, it shall be deter- 
mined that such association was not bound to pay the note 
or bill protested as aforesaid, the protest thereof to the con- 

Proviao. trary notwithstanding: Provided^ that the legal existence 

of the corporation shall continue for purposes or proceed- 
ings in courts for and against the same, and of avoiding the 
loss of property of any kind, for want of a person in being 
to hold the same, but for no other purpose whatever. And 

a«o«i7ei-». it shall be the duty of the auditor to apply to any judge of 
the circuit court of this state, whose duty it shall be to ap- 
point (a disinterested person or persons) a receiver or re- 
ceivers, to take the assets and property of every such bank- 
er or association into his or their possession, and collect 

Application of debts due, and apply all such assets and property as may 

**'^" come into his or their possession, under the direction of the 

circuit court of the county in which the corporation was 
located — first, to the redemption or payment of circulating 
notes ; second, to the payment of all other indebtedness; 
and third, to the payment of stockholders on account of 
sticks invested. Receivers appointed under the provisions 
of this act shall give bond and security as maybe required 
by the judge or court appointing them. 

§ 27. That the distribution and application of all the 

Kots« in cireu- means, assets, and property of any such banker or associa- 
ara'tpaid. "^ tioii, as shall come into the hands of any such receiver or 
receivers, or as shall be in the hands of the auditor, shall 
first be applied in payment and satisfaction of all notes is- 
sued as and for a circulating medium, by any such banker 
or association. 

§ 28. The amount of stock owned and held by any in- 

^Uok«« ^ dividual banker, or by any stockholder in any such asso- 
ciation, shall be held and controlled by the receiver or re- 
ceivers as aforesaid, for the payment of any note put in 
circulation ; the said liability to continue for the space of 
six months after the assignment by him of any such stock; 
and any stockholder, who is really the party in interest, 
shall be liable as aforesaid, although such stock maybe held 
and recovered in the name of some other party or in- 
dividual. 



171 1851. 

§ 29. The names of all stockholders in any such as- List of stock- 
socialion sliall be written, at length, and in legible charac- ed''{o"bcTept 
ters, and shall be continually exposed, during banking for public in- 
hours, tor public inspection; and every transfer of stock, '^P^'^ ^o''- 
with the date of assignment, shall be exhibited in like 
manner. 

§ 30. That each and all the provisions of this act shall ^rP^j^^J^'^j;' ^ 
apply to and control, in all respects, any banker who shall this act. 
conduct business under the provisions of this law, whether 
the word banker is or is not used in any such provision. 

§ 31. At the next session of the general assembly after Bank comm'w, 
this act takes effect, and every fourth year thereafter, the ^l^^^^^^^!^^, 
governor shall nominate, and by and with the advice and ties of. 
consent of the senate appoint, three citizens of the ''tate as 
bank commissioners, whose duties shall be to make annual 
examination in respect to the affairs and business of asso- 
ciations incorporated under the provisions of this act, and 
in respect to the condition and management thereof, and 
also to inspect the securities filed with the auditor and 
treasurer, so as to be able to determine whether or not any 
change has been made in said securities, as well as in re- 
spect to the sufficiency of such securities to meet the lia- 
bilities of the corporation, and to report thereon to the au- 
ditor and to each corporation. Such commissioners shall 
have power to examine all books, papers and documents 
appertaining to the business of the corporation, and to 
swear or affirm all officers, agents and others connect- 
ed with the corporation, in respect to any matter or thing 
about which they have the right to enquire, and their re- 
ports shall be published at the seat of government, and such 
other papers as they may direct. 

§ 32. If the said bank commissioners shall ascertain, Diminution of 

,• 1 • 1 J.I 1 ii 4- I securities, bow 

upon any examination which they may make, that any change remedied, 
has been made in the securities deposited with the treasu- 
rer, or that any part thereof has been lost, destroyed, or 
improperly vv^ithdrav/n, or in any way or manner misused 
or misapplied, or that securities have from any cause be- 
come lessened in value or insufficient as security for the 
redemption of bills or circulation, they shall notify t!ic pres- 
ident and cashier of such association or corporation liable 
to be affected by any such state of facts, of the discovery 
thereof, and require tlie transfer and deposit of other se- 
curities, of like kind and value with those originally trans- 
ferred, to supply the place of those changed, lost, destroyed 
or improperly withdrawn, or which shall have become in- 
sufficient security as aforesaid, in a reasonable time, to be 
fixed by said commissioners; or that said association or cor- 
poration surrender to the auditor to be burned, a sufficient 
amount of bills to reduce the liability of such association 
to such sum as that the securities in possession of the treas- 



1851. 172 

urer, will be sufficient for the redemption of all bills or 
notes not so surrendered; and in case of any failure to 
comply with any ?Lich requisition, the commissioners shall 
report the facts to the auditor as well as to all the other as- 
sociations incorporated under the provisions of this set; 
and the auditor shall thereupon proceed to put such de- 
faulting association or corporation into liquidation, as pro- 
_ ■ videdfor in cases of failure to redeem or pay notes or bills 
■ - ' on demand. 

Quorum. § ^'^- ^^J ^^^ °^ ^^^^ bank commissioners shall consti- 

tute a quorum to transact business. 

§ 34. Every banking association or individual banker 

Reports to audi- who shall hereafter carry on banking business under the 
toi- provisions of this act, shall make out and transmit to the 

auditor of state a full statement of its affairs, as they ex- 
isted on the first Monday of January, April, July and Octo- 
ber of each year, verified by the oath of its president and 
casiiier ; which statement shall be deposited in the office of 
said auditor, by the twentieth day of each of said months 
in each year; which statement shall be published, quarter- 
ly, in the nearest newspaper ; and such statement shall con- 
tain — 

Am'tof stock. 1^^- The amount of capital stock of the association or 
individual banker, paid in and invested according to law. 

Taiue of real es- 2d. The value of the real estate, specifying what portion 
'^'^®- is occupied by the association or individual banker for tlie 

transaction of business. 

Qaims. 3d. The debts ov/ing to the association or individual 

banker, and the date and amount of each bill or note dis- 
counted, and when the same was made payable. 

Thhts. 4th. The amount of debts owing by the association or 

individual banker, and the amount deposited in other banks. 

Notes in circu- 5th. The amount of notes or bills, then in circulation, of 
lation. said association or banker ; of loans and discounts, and spe- 

cie on hands ; what amount of notes of other banks is held 
by such banker or association. 

6th. The amount of suspended debt held by such associ- 

Suspendod debt, i- i, i 

ation or banker. 

§ 35. Every association, or individual banker, that shall 
Penalty for no-^^g^'^ct or refuse to make out and transmit the statement 

gleet to report, required in the section of this act, shall be restrained 

from the further prosecution of the banking business, and 
shall forthwith go into liquidation. 

§ 36. Whenever any individual banker or association, 
- . .^^ desirous of relinquishing the banking business, shall have 

to be s'urren- redeemed, at least, ninety per cent, of their circulating notes^ 
«jore<i. a,nd shall produce a certificate of a deposit to his credit, in 

such bank as the auditor may approve, to an equal amount 
with the notes of such banker or association, it shall be law- 
ful for the auditor to receive the same, and to give up all 



173 1851. 

the securities theretofore deposited by such banker or asso- 
ciation, for the redemption of the notes issued. 

§ 37. Such association or individual, after having com- Notipft. 
plied with the provisions cf tlie preceding section of this 
act, may give notice, for three years, in a paper piiblished 
at the seat of government, and also in at least one paper 
published in the county where the said association oi- bank 
shall have been located, that all circulating notes issued by 
such as?ociation or banker must be presented at the audi- 
tor's office, within three years from the date of such notice, 
or that the funds deposited for the redemption of tlie notes 
will be given up to the bank or association; and on receiv- 
ing satisfactory proof of the giving such notice for the lime 
aforesaid, the auditor shall surrender, to the order of said 
association or banker, any securities which he may hold for 
the payment of any unredeemed notes of the said associa- 
tion jy banker; such notice to be published at least three 
weeks in each six months of each year. ' 

§ 38. That any such association or banker, doing busi- Eatc of intcrect. 
ness under the provisions of this act, shall not be author- 
ised to take or receive exceeding seven per centum per an- 
num as interest on any real or personal security; which in- 
terest may, in all cases, be received in advance; and in the 
computation of time thirty days shall be a month and twelve 
months a year. 

Notes, bills, and all other evidences of indebtedness to Maturity of 
corporations or associations organized according to the pro- notes failing 
visions of this act, falling due or maturing on the Sabbath, ^c.°°° unday, 
or on the Fourth of July, or on Christmas, or New Year's 
day, shall be deemed as due or as having matured on the day 
previous. 

The stockholders in every corporation or association or- 
ganized under the provisions of this act, shall be individu- Individual re- 
ally responsible to the amounts of their respective share or ^ponsibihty. 
shares of stock for all of its indebtedness and liabilities of 
every kind, to the full intent provided for in the constitu- 
tion of this state. ' * ' 

When the property, rights, credits, assets, and effects ofi'roceedings in 
any corporation or association put into liquidation, under lv'hen*^assct«'ai«e 
the provisions of this act, shall have been exhausted in the exhausted. 
redemption of notes and payment of liabilities, and there shall 
remain unpaid any indebtedness or liability of any kind, 
any person having right or cause of action upon or on ac- 
count of any such remaining indebtedness or liability, shall 
have remedy, in any court of record having jurisdiction, 
against the si ockholders for the amount due upon such in- 
debtedness or liability; and to enforce this remedy, any such 
person may institute and maintain any appropriate actica cr 
suit in equity against the corporation or assaciation, and 
upon the trial of such action or the hearing of such suit, if 



1851. 174 

judgment or decree is attained against the corporation or 
association, the court shall direct an issue or issues to be 
made in the cause, for the purpose of ascertaining and de- 
ciding upon the liability and extent thereof of each stock- 
holder under and according to the provisions herein, and of 
the constitution ; and upon the decision of such issue or 
issues, the court shall enter judgment or decree against 
each stockholder for the amount and to the extent of his, 
her or their liability so ascertained ; upon which judgment 
executions may issue against the stockholders in succession, 
until the amount of the judgment against the corporation 
shall be paid or collected, or the liabilities of the stock- 
holders extinguished; and payments or collections made upon 
judgments against stockholders, shall operate to extinguish 
the liability of such stockholders to the extent or amount 
of such payments or collection. 

Judgments or decrees entered against stockholders, under 

Judgment nnd the provisions of this act, shall stand and remain as security 
dscree*. ^^j. ^j^^ payment of any judgment or decree which may 

thereafter be obtained against the corporation under the 
provisions hereof; and when any such subsequent judgment 
or decree shall be obtained, the court shall order execution 
or executions to issue against stockholders liable to pay the 
same, until the amount shall be paid or collected, or the li- 
abilities of stockholders shall be extinguished. 

Whenever two or more judgments or decrees are obtain- 

ProceedinM in ^d at the same term of the court in favor of different par- 
case of two or ties ao-ainst any corporation, under the provision of the 
more judg'nts, ^.j^^.g^ foregoing scctious, the aggregate amount of which 
shall exceed the amount for which the stockholders are lia- 
ble, the court shall direct the amount collected to be divi- 
ded between the said parties ^j^'o rata^ or in proportion to 
the several amounts, and the same apportionment shall be 
made of money collected on any such judgments when the 
whole amount thereof cannot be collected. 

Whenever any stockholders shall have paid the amount 

iatiafacton. that he, she or they is or are liable, the court shall, on mo- 
tion and proof of the facts of each paym&nt, order satisfac- 
tion of the judgment, as against or in any respect to such 
stockholder, to be entered ot record. 

§ 39. At the general election to be held on the Tues- 

aabmission of day next after the first Monday in November, one thousand 
SiSVmeoL eight hundred and fifty-one, at all the usual places of hold- 
ing elections in this state, for the election of senators and 
representatives to the general assembly, the question wheth- 
er or not this act shall go into effect, or in any manner be 
in force, shall be submitted to the people, and if the same 
is approved by a majority of all the votes cast at said elec- 
tion for and against the same, it shall go into effect and be 
in force from and after the date of said election ; otherwis* 
it shall not go into effect or in any manner be in force^ 



175 1861. 

§ 40. Every person voting at said election shall have Manner of rot- 
the right to use a ticket or ballot, with the words written ''°S" 
or printed thereon, " For the general banking law," or 
"Against the general banking law;" which words shall indi- 
cate the vote of the elector for or against the approval of 
this act; and upon canvassing and counting the votes, each 
clerk of the election shall carefully mark down the votes 
given upon said questions, in separate columns prepared for 
that purpose, headed " For the general banking law," 
"Against the general banking law;" and the judges or board 
of election shall, in the certificate required to be given of 
the result of said election, include the number of votes giv- 
en for and against the general banking law as aforesaid. 

§ 41. In making the abstracts of votes given at said elec- Return and oan- 
tion, as required by the election law, the clerks shall make 
separate abstracts of the votes given under the provisions 
of this act, which shall be on one sheet, a copy of which 
shall, without delay, be transmitted by mail or other safe 
conveyance to the office of the secretary df state, indors- 
ed thereon by the clerk, "Abstract of votes for and against 
banking," or in words clearly indicating the contents of the 
paper; and the abstract so transmitted sliall be opened and 
tlie votes canvassed in the time and manner, and by the offi- 
cers provided for in relation to the election for representa- 
tives to congress; and if it should appear that a majority of 
tlie votes cast upon said question are for the general bank- 
ing law as aforesaid, or if it shall appear that the majority 
of votes cast are against said law, the officers canvassing 
the votes, shall under their hands, make a certificate of the 
facts, stating the number of^votes given for and against said 
law, and file the same in the office of secretary of state, to 
be by him recorded and filed with the enrolled act to which 
it refers; and the said certificate or a coj y i:iereof, certified 
by the secretary of state or keeper of enrolled laws, under 
the seal of office, shall be conclusive evidence of the facts 
therein stated; and upon the making and filing thereof, the 
secretary of state shall cause the same to be published, three 
weeks in succession, in two newspapers published at the 
seat of government. 

No corporation or association organized under the pro- Limitation »f 
visions of this act, shall exist longer than twenty-five,years. ""'P'*^ '^°*- 



The foregoing act having passed both houses of the general assembly, and having 
iRjen laid before the governor, was by hi'n, on the 15th daj' of Tebruary, A. D. 1851, 
returned to the house of represcntati^es, i a -which it originated, -witlt his objcctioni 
thereto in writing, and on the same day, being reconsi^Iercd, papsod the house of re- 
presentatives and the senate, by a majority cf all tiio members elected thereto re- 
ipectively, and thereby became a law^the objections cf the governor to tho contrary 
notwithstanding. 



1851. 176 

in force Feb. 17, AX ACT to amend chapter ninety-three of the Revised Statutes, and to locate certain 
]S5]. roads. 

Section 1. Be it enacted hxj the people of the State of 
Illinois, represented in the General Assemblif, That coun- 
County survey- ty surveyors may act as road viewers in their respective 
roadWewors.^ counties, without further qualification, and may administer 
the proper oath of office to other road viewers who may be 
associated with liim or otherwise. Road viewers ma}^ as- 
sess damages incide.-t to the laying out of roads, and re- 
port their assessment to the county courts of the counties 
in which such roads may be located. 

§ 2. That Jesse McCutchin and David Brewer, of Ful- 

^TSrro'adton county, and Solar Blakesly and S. B. Anderson, of 

from Canton to Knox county, are hereby appointed commissioners to view 

Kno.MviUe. ^^^ locate a state road commencing at the town of Canton, 

in Fulton county, running thence, upon the most direct 

route and feasible one, to the town of Knoxvilie, in Knox 

county; and in«all cases to locate the same u.pon the route 

of any (now) established road, whetlier county or si.ate road, 

or such parts of any such road when the same can be so 

done consistently with the route. 

C 3. That: Thomas Standard, Josiah Moore and Anson 
Road from Can- Smith, of Fultou county, be and they are appointed corn- 
ton to i^'iia-! iTdissioners to view and locate a state road commencing at 
the town of Canton, i.i Fulton county ; thence, upon the 
most direct and feasible route, to the town of Ellisviile in 
Fulton county, and so far as consistent to locate the sama 
upon the most established road along said route. 

§ 4. That Justice Bangs, Josiah S. Flink and Willard 
Road from Ai- Cook be and they are hereby appointed commissioners to 
Joiin"Ga''e\ 1^}' ^ut, mark and locate a state road from Algonquin, in 
residence. McHenry county, by the way of the village of Wauconda, 
in Lake county, and running, in a northerly and easterly 
direction, to some point as near the toll-gate at John Gage's 
residence, in Lake county, as the viewers may deem pro- 
per. Two or all of said commissioners shall meet, within 
six months from the passage of this act, at the village of 
. Wauconda, in Lake county, and proceed to perform the 
duties of this act. 
§ 5. Said commissioners shall return a plat, with the 
Plat to be made courses and distances thereof, to the board of supervisors 

out and return- ii.i.i iin •• 

ed. of eacli county through which said road shall pass, giving 

an entire view of the location of the whole road } which 
shall be filed and recorded. 

§ 6. The compensation allowed shall bo as follows : to 
Compensation, each Commissioner, one dollar and fifty cents per day ; to 
ifie surveyor, two dollars per day ; to chainmen, axemen, 
and other hands, one dollar per day, exclusive of inciden- 
tal expenses for provisions, forage and hire of teams. They 



177 1851. 

shall koop an accurate account of the time employed and 
expenses incurred, the persons to whom due, and certify 
the same to the board of supervisors or county court; the 
whole being added, each county shall allow and pay the 
amount due in proportion to the distance or length of such 
road in each county. 

§ 7. It shall be the duty of each and every board of Duiyofhoardof 
supervisors or county court through whose county said road eounVvl-ourt."'^ 
may pass, to cause the same to be opened, worked and 
kept in good repair as other state roads. The said commis- 
sioners, before they enter upon their duties, shall be bound 
to locate the said road according to the best of their abili- 
ties, and without fear, favor or partiality. 

§ 8. That as much of the act entitled "An act declar- i'=;rt^of 'ipt reia- 
ing a certain road therein named a state road," in Fulton I'ufton county 
county, approved February sixteenth, one thousand eight lepeaieii- 
hundred and forty-seven, as provides that "it shall not be 
lawful for any person, persons or corporation to erect any 
toll-gate, demand or receive any toll or tax from any pas- 
sengers or travelers upon said road," be and the same is 
hereby repealed. 

§ 9. That Daniel Grovendyke, David W. Barnes and Road ivom Can- 
Henry vS. Hyatt be and they are appointed commissioners CupperraSk! 
to view, lay out and locate a state road commencing at any 
convenieni; point in the town of Canton, in Fulton county, 
running from thence and upon the most direct and practi- 
cable route, by way of Monterey and Utica, to or near tiie 
raoutli of Copperas creek on the Illinois river. Said commis- Paiy of commis- 
sioners shall lay out such road four rods wide, and over or 
upon the tra 'k of any such road or street now used and 
considered as a public highvray, or such parts thereof as 
can be reasonably used for that purpose, as t'le said commis- 
sioners, or a majority of them, sliall in their judgment de- 
termine. Wiien such road is laid out and located, a sur- 
vey and plat thereof shall be filed in the office of the clerk 
of the county court. The county court or board of super- 
visors (as the case may be) shall cause the same to be 
opened and work-d as other state or public roads. The ^^°^^f t^°|^,j^';J: 
said road shall not be subject to vacation, or alteration in tion for fifty 
any manner, on any pretence ,for the term of fifty years. years. 

§ 10. That Matthew W. Busey, of the county of Cham- Road from Ur- 
paign : Asa Duncan and Hiram Hickman, of the county of ana^une. ''^ 
Vermilion, be and they arc hereby appointed commissioners 
to view, mark and lay out a road from Urbana, in Cham- 
paign county, via Myer's mill, in Vermilion county ; thence 
east, to a point on the state line in said last mentioned 
county, to intersect a road leading to the town of VV^il- 
liamsport, Indiana. 

§ 11. The said commissioners shall meet at Urbana, ^"^y.^f «<•"!- 
in Cnampaign county, on the third Monday in May next, '^^'°°® 
12 



1851. 178 

or as soon thereafter as practicable, and after being sworn 
by some justice of the peace faithfully to dischai'ge the du- 
ties required of them by this act, shall proceed to viovv the 
two following routes, to wit : the first commencing at said 
town of Urbana ', thence east, through Pilot Grove, in 
Vermilion county ; thence east, to Vermilion Rapids ; thence 
east, to Myers mill, in said county ; thence east, to a point 
on the state line, to intersect a road leading to Williams- 
port, Indiana, as aforesaid. The second, commencing at 
said town of Urbana; thence east, to a point about one 
mile north of Burr Oak Grove ; thence an easterly course, 
to the north-west quarter of section thirty, in tov/nship 
twenty-one N., R. thirteen w^est ; thence east, to Thomas 
H. Chenowith's, on the line between section twenly-two and 
twenty-seven, township twenty-one N., R. thirteen v\^est ; 
thence an easterly course; thence to intersect the Ottawa 
road at Elon Sperry's ; thence east, to said Myer's mill, 
in said county of Vermilion. After viewing said twc routes 
the said commissioners shall proceed to locate and lay out 
said road from said town of Urbana to a point on the state 
line as aforesaid, on the best and most convenient route of 
said two routes described as aforesaid, by marking trees in 
the timber and setting up stakes or ploughing in the prai- 
rie. And the said commissioners, having located said road 
as aforesaid, shall, within forty days thereafter, make a re- 
port and return to the office of the county clerk of each of 
said counties through which said road may pass, or to the 
clerk of the board of supervisors of either of said counties 
[which] shall organize under the township organization law. 

Plats to be re- One copy of the plat of the survey, together with the field 
*"" ' notes thereof, which, together with the report of said com- 

missioners, shall be spread upon the records of the said 
county courts or board of supervisors, as the case may be. 
§ 12. The county court or board of supervisors, as the case 

Open:ngcndre-niay be, of each county through which said road may have 
pairofroad. been located, shall, at the first term of said courts which 
shall be held after the location as aforesaid, notify the super- 
visors of roads in the districts in which said roads are laid 
out, of the location aforesaid, and cause the same to be 
opened immediately, to the width of four poles, and kept in 
good repair as other state roads are. 

§ 13. That the 17th section of an act entitled "An act 

Part of aet re- to locate, re-locate, vacate, and establish certain state 
pealed. roads," approved March 1st, 1847, or so much thereof as 

confines the line of said state [road] to the third principal 
meridian, be and the same is hereby repealed. 

§ 14. That Lewis F. Casey, of J tiTerson county; William 

eommias'oners ^' Greenup, of Fayette county ; Beiijamin V/yatt, of Mc- 
to locate road Lean cou \Ly ; Simon P. Shope, of Crawford county ; Thom- 
'""' as Patterson, of Marshaii county ; John Hoffman, of La 



nea; v-hird mo- 
iiuian 



179 1851. 

Salle county, be and they are hereby appointed commis- 
missioners to view, mark, survey and re-locate said state 
road on the most suitable -and best ground, and as near the 
third principal meridian as the ground and situation of said 
ground will admit, doing as little damage to private proper- 
ty as may be ; and which re-location sliall be made with 
great care, with a view to the same being made a perma- 
nent road, and a majority of said commissioners shall be a 
quorum to act. 

§ 15. Said commissioners shall commence at the north beginning of lo 
line of Massac county where the third principal meridian '^^^^°^' 
crosses tlie said county line, tlience north to the north line 
of Marshall county, at or near where the third principal 
meridian crosses said line; thence, on the most suitable 
ground and direct route, to the town of La Salle, in La 
Salle county. 

§ 16. Said commissioners shall proceed to re-locate Time when lo- 
said road, on or before the first day of June next, and shall ^^Ji™ ^"^ ^' 
complete the same on or before the first day of September 
next ensuing, andfde a copy of said survey and report with 
the clerk of the county court or board of suj)ervisors of 
each and every county through which said road sliall pass, piats ana repon 
to be recorded and fded in his said office. And it shall be ^" ^'^ ^^^'^ '*^<^ 
the duty of said clerks to lay the same before the county 
court, or board of supervisors, as the case may be. And 
said county aforesaid shall cause the said road to be opened 
without delay, and made passable for traveling, and cause 
the same to be improved from >ear to year, with a view to 
making said road one of the main important roads of this 
state. 

§ 17. That Thomas Gowan and Tiioraas Henderson, of Koad from As- 
Fulton county, and Alfred Wallace and Archibald Edmon- J^/'' ^^"^^ 
ston, of Shuyler county, be and they are hereby appointed 
commissioners to view and locate a state road from Astoria, 
in the county of Fulton, to the town of Rushville, in the 
county of Schuyler. 

§ 18. Said commissioners, or a majority of them, shall duties of com- 
meet in the town of Astoria, on the first Monday of April "'''''°"^"- 
next, or within six weeks thereafter, and after being duly 
sworn and qualified by some justice of the peace, shall 
proceed to locate and mark said road, on the nearest and 
best route, from the said town of Astoria to the town of 
Rushville. 

§ 19. That the county courts of the several counties Duty of county 
of this state shall have the supervision and control of all <^ourtsorboar(is 

1 1 1 1- 1 • 1 -.1 • ii • . .of superFisora. 

roads and public lugliways within their respective counties, 
whether such county be organized under or by virtue of 
thd " township organization law" or otherwise, and shall 
be governed by the several law.^ of this state rcla a:^- to 
roads and public highways previous and at the tims of such 



1851. 180 

Acts repeals I. Organization, and all laws and parts of laws coming within 
the purview of this act, or inconsistent tlierewitli, be and 
the same are hereby repealed. 

§ 20. That Cadwallader Jones, of Edwards county; 

iioad from Ai- Jacob H. Biddle, of Wayne county, and Ephraim Meadows, 

bion to Salem, ^r -\/r • j -ii •• x ^ ' 

01 Marion county, are appointed commissioners to mark, 
view and locate a state road from Albion, in Edwards coun- 
ty, to New Massillon, in Wayne county, and tlience to En- 
terprise, in said county, and thence to Salem, in Marion 
county. 

§ 21. Said commissioners, after being duly sworn, shall, 
Duty of com- soon as practicable thereafter, proceed to perform said dii- 
miasioners. ^^.^ doing as little damage as possible to private property ; 
and shall, in a reasonable time thereafter, file plats of said 
road in the offices of the county clerks of said counties ; 
which plats, with a report of their doings in the premises, 
shall remain and be entered of record in said counties. 

§ 22. That Jacob Dailey, Barsilla Chattan and Alexan- 
RoadfromMer-(jer McClintock are appointed commissioners to lay out 
,r,w. and locate a state road from Meredosia to Warsaw, com- 

mencing at the east line of section eighteen, in township 
one north, range five west; thence north, to the north-east 
corner of said section; thence west, on a road leading from 
Rushville to Quincy, to the south-west corner of sec. 11, 
in T. 1 N., R. 6 W ; thence one half mile ; thence north- 
west, following a road connecting said state road with a 
road leading from Pulaski to Columbus, to intersect the 
above state road at or near McAnnity's lane. 

§ 23. That Robert Nesbit, of Randolph county ; Hi- 
ram Pennoyer, of Jackson county ; John Hunsaker, of 

uoad from Spar Ty . -i -. ■, ,, i i • x i 

ta to Cairo: Union county, be and they are hereby appointed commis- 
sioners to viow, mark and locate a state road from Spar- 
ta, in Randolph county, to the city of Cairo, in Alexander 
county, by way of Murphysborough, in Jackson county, 
Western Saratoga, in Union county, and near old Peru, in 
the south part of Union county, on the most eligible route. 
§ 24. Said commissioners, after being duly sworn be- 
DutTofcommis-fo^^ some justice of the peace, shall, as soon as practica- 
rioners. blc thereafter, proceed to perform the duties as required by 

this act, avoiding as much as possible damage to private 
property. Said commissioners, in a reasonable time there- 
after, shall cause to be filed a complete plat in the county 
commissioners' clerk's office of each county through which 
Plat to be filed said road shall run; which report and plat shall be pre- 
and recorded. ggj.^g^ ^^^^ entered on the records of said courts. 

§ 25. The said commissioners shall have power to em- 
Surveyor, &c.,P^oy a surveyor, and such other persons as may be neces- 
may bo em- sary in the survey and location of said road ; and said com- 
^ °^® ■ missioners and surveyor, and such other persons so employ- 

ed, shall be allowed a reasonable compensation for the time 



181 1851, 

necessarily employed, out of the treasury of the respective 
counties through which said road may pass, in proportion 
to the time employed in each of said counties in laying out 
said road ; and when said road is laid out as aforesaid the 
county commissioners' courts of the aforesaid counties 
shall cause tlie same to be opened and kept in repair as 
other state roads are. 

5 26. Also, to change a part of the state road leading i'''^^;! ^J^ 
trom Palestnie, in the county oi Urawiord, to L<awrence- Lawreneeville 
ville, in the county of Lawrence, as follows, to wit : to 
commence at north-east corner of section sixteen, in town 
six north, of range eleven west, and running along the said 
[road] until the same takes an easterly direction, and th_eiice 
due north until it reaches the bluff of Lamotte creek ; 
thence north-easterly, along said bluff, until it unites with 
the present traveled road ; and that John W. Hoit, Janaes 
McDaniel and John Martin be appointed to locate the same. 

Approved February 17, 1851. 



ora 
e to 



•..■ . '. ':' . AN ACT to grant certain pre-emptions therein named. in force teb. 17, 

Skction 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assembbj, That a pre- Preemption to 
emption right be and the same is iiereby granted to Christo- ^- C. Vennm. 
pher C. Venum, on lot number three (3,) in the north-west 
quarter of section number three (3j) in township number 
twenty-five (25) north, of range twelve (12) west of the 
second principal meridian ; also, to Robert Niison, on lot ^'*^'^ertNiison. 
number four (4,) in said section of land ; also, to John Nil- jobnXiisonjr. 
son, jr., on ten acres off south side of lot number five (5,) 
in the same section of land ; also, to Robert Niison, as ex-l^^'^"*^ Niiton. 

,. ,, 1 , .,, ■■ , . , ,. T 1 -i».T'r ^ ^s executor. 

ecutor ot the last will and testament ot John JNiison, de- 
ceased, on the residue of lot number five (5,) in said sec- 
tion of land, and on the east half of lot number six (6,) in 
same section of land. And the said several persons, or 
their legal representatives, or the successor in office of said 
executor, shall have the exclusive right of purchasing said 
tracts respectively, within one year from and after the pas- 
sage of this act, by paying to the auditor of public accounts 
the sum of one dollar and twenty-five cents an acre for 
their respective tracts. And whenever the sa'd auditor 
shall certify to the governor of tiiis state that said persons, 
or either of them, have paid the amount required upon their 
respective tracts of land, the governor shall cause to be 
issued to each of said persons, or their successors or legal 
representatives, a patent for his, her or their respective Patents. 
portions of said lands. ^, 



1851. 182 

Acts suspended ^ 2. The provisions of an act entitled " A n act p ranting 
and repealed. pgj.|.g^jj^ pre-emptions therein named," approved 1 cb. 1::', 
1849, so far as the same relates to John Milson, are hereby 
suspended, and an act entitled " An act to grant pre-emp- 
tions to Christopher C. Yenum, Robert Nilson and Robert 
Hill," approved Feb. 12, 1849, is hereby repealed. 
This act to be in force from its passage. 
Approved Feb. 17, 1851. 



In force Feb 1" •'^■^ -^^^ '•° ^^utborize the county court of Effingliam eountj- to cause tLe tax Looks to 



1851. 



be examined and errors corrected. 



Preamble. Whereas Samuel B. Parks, collector for the cour.ly of Effing- 
ham, has been unable to have his accounts for the revenue 
of the years one thousand eight hundred and forty-six, one 
thousand eight hundred and forty-seven, one thousand 
eight hundred and forty- eiglit and one thousand eight 
hundred and forty-nine, adjusted, and it being represented 
that there are a large amount of errors and double assess- 
ments on the tax books for the years aforesaid ; therefore, 
Section 1. Be it enacted by the people of the State of 
Illinois^ represeiited in the General *,issemhly, That the 
Rc-examinati'n county court of Said county be and they are, hereby author- 
ot tax-books, -^gjj ^^^ required to cause the tax books for the years above 
referred to be examined and the proper abatements for er- 
rors, (Sec, allowed. And the auditor is hereby authorized 
Legal proceed- ^ delav nroceediuffs on the bonds of said cnllector until he 

ings delayed. '-""Ji b, ij-ii 

shall have a reasonable time to have the accounts adjusted 
as aforesaid. 

Approved Feb. 17, 1851. 



In force Feb 17 ^^ ^^'^ '•° ^™end the several laws in relation to limitaiiors. 

fssi. 

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

Illinois, represented in the General t^ssembly, That all 

Rnioastocaus- causes of actiou which accrued during the time that the act 

whic^if accrued entitled "An act to amend the sixth c^hapter of the Revised 

under act of Statutes, entitled ' Limitations,' " approved on the tenth day 

Fob. 10, 1849. ^j. peiji-uary, one thousand eight hundred and forty-nincj 

was in force, and where a different period is prescribed by 

that act from the one provided by the act entitled "An act 

to amend the several acts concerning limit?' ^ions of actions," 

approved on the fifth day of November, one thousand eight 



183 1851. 

hundviid and forty-nine, shall be governed by the provisions 
of the latter act. 

§ 2. Ti;at ull causes of action existing at the time, orr^'".'e i^ <'"".s«s 
whicfi had accrued prior to the thirteenth day of April, one accrued previ- 
thousivnd eight hundred and forty-nine, when the first of the ous to said a«t. 
above recited act?^ became a law, and for the barring of which 
there wa^' no previous statute, shall be governed by the pro- 
visions of that act ', the time limited thereb}^ to commence 
to run from and afcer said act became a law. 

This act to take effect on its passage. 

Approved February 17, 1851. ^ ■ 



AN ACT to provide for the support of paupers in Lake counts'. In force Febru- 

ary 17, 1851. 

Section 1. Be it enacted hy the j^eople of the State of 
niinots, represented in the General Jlssemhlu. That the '^;'^^'"^, author- 
several townships in the county oi Lake, be and tney l:ereby their own pan- 
are empowered to support all paupers residing within their ^'•''^''• 
respective limits, out of the treasury thereof: Provided, that Proviso, 
at the next general election to be held in said county, on tiie 
Tuesday after the first Monday in November next, a ma- 
jority of the legal voters of said county voting at said elec- 
tion shall vote in favor of such separate township support; 
which vote shall be by ballot, written or printed, or partly 
written or partly printed, "For township support," or 
"Against townsriip support ; " which shall be canvassed and 
returned in the same manner as in cases of elections for 
count}' officers. 

§ 2. It shall be the duty of the clerk of the county court Duty of coun'y 
of said county to gi\-e notice of the said election in the same ^■''^'"^• 
manner as is provided for giving notices of general elec- 
tions. 

§ 3. That in case separate township support shall be 'Overseers of Un 
adopted in said county, agreeably to the provisions of the ^'^'^^' ^'^'^ ' 
first section of this act, then the overseer of the poor of the 
several townships aforesaid shall take charge of, maintain 
and support the poor of their respective townships, in man- 
ner as is now or may hereafter be provided by law ; and all 
expenses incurred for such maintenance and support shall 
be considered a township charge ; and it shall be the duty 
of said overseers to present to the board of township audi- 
tors of their respective townships, at each regular annual 
meeting thereof, a true account of all expenditures incurred 
under the provisions of this act ; which sliall be audited and 
paid as other township ciiarges are audited and paid. 

§ 4. If any person shall become chargeable in any town- Non resident 
ship of said county in which he or she did not reside at the povfii^d for!^* 



184 

mmencement of the thirty days immediately preceding his 
; her becoming so chargeable, he or she shall be taken care 
-f by the the overseer of the poor of such township; and if 
such poor person was a resident of any other township of 
said county, within the thirty days aforesaid, then the over- 
seer of the poor of the township having such poor person in 
charge, shall give notice to the overseer of the poor where 
such pauper resided as aforesaid, stating that such pauper 
became chargeable as a pauper, and requesting said over- 
seer to remove said pauper forthwith, and pay the expense 
incurred in takin^j care of him or her. 

§ 5. That tlie provisions of sections fourteen, fifteen and 
Provisions^ of sixteen, of chapter eighty, of the Revised Statutes, entitled 
utes, how to ' Paupers,' shall apply to and operate, as between the seve- 
appiy- ral townships of said county, in the same manner as they do 

between the several counties of this state. And if any per- 
son shall become chargeable in any township of said county 
who did not reside in said county at the commencement of 
the thirty days as aforesaid, then the overseer of the poor 
having such pauper in charge shall give notice thereof to the 
county clerk of said county, Avhose duty it shall be to give 
notice thereof to the authorities of the proper county, as in 
other cases. And the expenses of taking care of such pau- 
per, when received from such foreign county, shall be paid 
into the treasury of the proper township. 
Approved Feb. 17, 1851. 



In force April AX ACT to amend tlie general road law, and for other purposes. 

18, 1S51. 

Section 1. Be it enacted hy the people of the State of 
Illinois^ represented in the General Jissemhly^ That so 
^'^eaicd '^ * '"'^"much of the law now in force in relation to public roads as 
provides that supervisors shall not work with less than ten 
hands at one time, be and the same is hereby repealed, and 
hereafter supervisors may work with any number of hands 
which they may deem advisable. 

§ 2. That hereafter supervisors shall be allowed the sum 

Compensation of one dollar per day, for each and every day in which they 

visors'^ ' ^ 3^6 necessarily employed in the discharge of their duties, over 

and above the time consumed in working out their own tax. 

§ 3. The secretary of state is hereby required to cause 

Sec> of state to a reprint, in pamphlet form, of all the general laws in rela- 

causeareprint , • , i i- i i ^i i , • P 

of road laws, tion to puDJic roacls, and the duties oi supervisors, now m 
force, to be distributed ' at the same time and in the same 
manner as is provided for the distributing the laws and jour- 
nals of the present session. That the number of such 



185 1851. 

pamp])lets shall be three thousand, to be distributed to the 
counties in proportion to population: Provided, that such P^^o^'^"- 
reprint shall not include any law the object and etlect of 
which is merely to establish state roads. 
Approved Feb. 17, 1851. 



AN ACT to authorize the election of one additional justice of the peace and consta- In force Febru- 
ble in the county of Adams. ary 17, 1861. 

Section 1. Be it enacted hy the jjcople of the State oj 
Illinois, represented in the General .issembhj, i:\^^i o^^^ ^tT deet^YdT- 
justice of the peace and one constable, in addition to the tionai justice 
number now autiiorized by law, shall be elected in the coun- -^"^ constable. 
ty of Adams, by the legal voters of the town of Payson, in 
said county; which justice of the peace and constable shall 
reside in the said town of Payson. 

The county court of the county of Adams are hereby Time of ekct'n. 
required to cause an election to be held on the first Monday 
in April next, and at each regular election for justices of 
the peace and constables thereafter, for such additional 
justice of the peace and constable, who, when elected, shall 
be commissioned and sworn into office as other justices of 
the peace and constables are, and shall hold their offices 
until their successors are elected and qualified, as in other 
cases ; and the justice of the peace and constable so elect- 
ed shall have the same jurisdiction and rights, and be gov- 
erned in all respects by the same regulations as other jus- 
tices of the peace and constables in this state. 

§ 5. This bill shall take effect from and after its pas- 
sage. ,' ■,■ 

Approved Feb. 17, 1851. 



AN ACT to authorize certain school directors to sell or exchange certain town lots In force Pebrn 
therein named, and to purchase or receive on exchange therefor other town lots. ary 17, 1861. 

Section 1. Beit enacted hy the people of the State of 
Illinois, represented in the General Assembly, That the 
school directors of school district number four (4,) in fots "in Look 
township number thirty-six (36) north, of range ten (10) port auihoriz- 
east, in Lockport, Will county, Illinois, or their succes- 
sors in office, be and they are hereby authorized and em- 
powered to sell or exchange any or all of the lots selected 
by the commissioners of the Illinois and Michigan canal, 



1851. 186 

from the town plat of t'.e village of Lockport, In said coun- 
ty, for the use and benofit of common schools in said town 
of Lock-port, under an act entitled " An act to provide for 
the dedication of lots in towns situated on canal lands to 
public purposes," approved Feb. 28, 1839, and to make, 
execute, acknowledge and deliver to the purchaser thereof 
a deed or deeds, conveying unto him, her or them the said 
lot or lots, and to their heirs and assigns forever. 

§ 2. The money received hy said securities for the time 
Application of being, for said lot or lots, shall" be by them held in trust for 
prooee s. ^j^^ ^^^^ ^^j benefit of said school district number four (4,) 
and shall be by them faithfully appropriated to the following 
purposes, and not otherwise, to wit : First, so much there- 
of as may be necessary to purchase a suitable lot or lots, 
for the purpose of erecting thereon a school-house for said 
district; Secondly, if any surplus remains, to appropriate the 
same towards building a school-house for said district. 

§ 3. The said school directors, or their successors In 
Diractors to give office, shall, before making sale of any of said lots, enter 
'^'"^J- into bonds to trustees of schools for said town thirty-six, 

in such sum as said trustees shall direct, for the use of 
the inhabitants of said school district number four (4,) con- 
ditioned for the faithful application of the funds arising from 
said sales, with securities, to be approved by said trustees; 
and before any directors shall be entitled to receive of their 
predecessors any moneys raised as aforesaid, they shall en- 
ter into like bond. 

§ 4. In case of the purchase of any lot or lots as afore- 

To whom eon- said, or of receiving any lot or lots In exchange as afore- 

E"e of°Imr^ said, the said lot or lots shall be conveyed to the trustees 

chase. of schools for said town thirty-six (36) north, of range ten 

east, and to their successors in office, for the use andbene- 

fit of the inhabitants of said school district number four. 

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

Approved Feb. 17, 1851. 



In force Pebru- AN ACT to authorize the sale of the parks and squares in the town of Barry, in Pika 
aryir, 1851. county, Illinois. 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General Assemhh/, That Ben- 
Comniissioners. jamin D. Brown, Montgomery Blair and C. W. McGregor, 
be and tliey are hereby appointed commissioners to subdi- 
vide, sell and convey all of the parks and squares in the town 
of Barry, Pike county, Illinois, which were dedicated to said 
town by the proprietors thereof. 



187 1851. 

§ 2. Saiu commissioners, before proceed inGj to sell said Their duty. 
parks and squares, shall ^i'*'^ ^t 1^'ast three week>' notice of 
the tinii,'. place aiiu terms of saivl sale, by ji:!'i!is:.i!i<r the same 
in all of the newspapers printed and pnb'iished in the said 
county of pike, describing the j)i-operty to be sold with rea- 
sonable certainty. 

§ 3. i^aid commissioners may, in their discretion, sell^f^^^-^' ^°^ 
said parks and squares for ready money or upon credit, as 
they may judge most conducive to the interests of said town: 
Provided., that if credit is extended to tiie bidders the pur- 
chaser shall secure the payment of the said purchase money 
by bond end mortgage on said property. 

§ 3. rhe proceeds of such sales, when collected, shall Proceeds of sale, 
be applied in the erection of a building in the town of Barry, °^^ app led. 
to be forjver after used as a common school by the inhabi- 
tants of said town, and for no other purpose of a permanent 
nature. 

§ 5. The said commissioners, before proceeding to sellC'°™'^i^^io°"=' 
said parks and squares, shall give a bond, with good security, give'bond. 
payable to the school commissioner of the said county of 
Pike, in double the value of said parks and squares, condi- 
tioned 1 ) account for and pay over the proceeds of such sales 
to such building committee as may hereafter be appointed 
by the legal voters of the said town, to superintend the erec- 
tion of said common school building. 

§ 6. The legal voters of said town are authorized to as- Power of legal 
semble in town meeting, and adopt such plan and make such 
other arrangements for the purpose of carrying out the ob- 
jects of this act, as they may deem proper : Provided^ their Proviso. 
acts shall not conllict with the provisions and purposes of 
this act. Said town meeting may appoint a building com- 
mittee, and take security for the faithful application of the 
fund directed to be raised by this act. 

§ 7. This act to take eifect and be in force from and 
after its passage. 

Approved I'eb. 17, 1851. - •. ■ . ' ' 



AN' ACT to aUcr the boundaries of tho town of AVest Point, in the county of Ste- Ju force April 

phenson. 1^ I35I. 

Section 1. Be it enacted Jyy the people of the State of 
Illinois.^ represented in the General Assemhhi^ That the 
west lialf of township twenty-eight north, of range num- Addition. 
ber six ecst of the fourth princi[)al meridian, be and the 
same .s ]tereby added to and mndo a part of the town of 
West i 0!!;[, in the county of Stephenson. 



1851. 188 

Justices of the § 2. Tliat any justices of the peace elected for the 
peace. town of Waddam, and who reside in that part of said town 

of Waddam added to the town of West Point by the fore- 
going section, shall be the justice for said town of West 
Point, and shall have and exercise jurisdiction therein in 
all respects as if they had been elected for said town of 
West Point; and no election for justices of the peace in 
said town shall be ordered until the next general election, 
except to fill vacancies. 

§ 3. This act to take effect and be in force from and 
after the first day of April, A. D. one thousand eight hun- 
dred and fifty- one. 

Approved February 17, 1851. 



In force Fehru- •^■^ '^^'^ ^° amend the laws in relation to the settlement of estates. 

ary 17, 1851. 

Section 1. Be it enacted bi/ Ihe people of /he State uf 
Illinois, represented in the General vdssernbly, That in 
ets 'confeiTcd i^^dition to the powers conferred upon courts of probate 
upon probate by the act entitled "An act to facilitate the collection of 
^"^^ ' debts by executors and administrators in desperate cases," 

approved on the first day of March, one thousand eight 
■ hundred and forty-five, courts having probate jurisdiction 
are hereby vested with power to order claims, debts and 
, „ demands due at so remote a period as to prevent their col- 
lection within the time required for the final settlement of 
estates, and the collection or disposition of which is neces- 
Saie or com- ^^^^ ^° ^^^® payment of the debts against the estate, to be 
pounding of Compounded or sold, in the same manner and upon the same 
cannol «pecdi^ ^^'^"^^^^^"^ ^^ thougli such claims, debts or demands were 
ly be collected, desperate or doubtful : Pro^'zV/ef/, that no claim, debt or de- 
mand shall be sold or compounded for less than ten per 
cent, below the par value thereof. 

This act shall take effect from and after its passage. 
Approved Feb. 17, 1851. 



In force Pebru- AN ACT to authorize the sale of the public square in the toivn of Versailles, 
ary 17, 1851. 

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

Illinois, represented in the General Assembly, That A. 

0-oinmissioners, D- Ravenscraft, John Sides and S. H. Gaston be aiid they 



189 1851. 

are hereby appointed commissioners to sell the ground inoi.ject of their 
the town of Versailles, in the county of Brown, known and 'U'p"intiBeDt. 
described upon the plat of said town as the public square; 
and the said commissioners are hereby em])owered to con- 
vey the same to the purchaser or purchasers in fee simple 
absolute : Provided., said sale shall be made in said town Proviso. 
of Versailles at public auction, to the highest bidder; the said 
commissioners first giving thirty days' public notice of the 
time and place of such sale. 

§ 2. The said commissioners, before entering upon the Bond required, 
duties of their office, shall severally give bond, payable to 
the people of the state of Illinois, for the use of the county 
of Brown, in such sum and with such securities as the 
judge of tiie county court of said county may approve; 
which bond shall bo conditioned that the proceeds of said Condition. 
sale shall be fait'.ifully applied to the erection of a public 
school-house on said land. 

§ 3. Tiie said commissioners shall report to the judge Kor^ort to coun- 
of said county tlie manner in which they have executed the ^•>'J'^ ^'^^ 
trust here created, and if said report be approved the bonds 
herein required shall be discharged and cancelled. Any act 
done ay a majority of said commissioners shall be valid and 
binding. 

This act to take effect from and after its passage. 
• Approved Feb. 17, 1851. 



AN ACT raakinf!; appropriations for (1:3 pay of the officers and n:cmb'.-r3 of the 

general assembly, and for tlie salarie= of the officers of the government, until the '■" forceFeb \7 , 
' adjournment of the next regular session of the general assembly. IS^;!. 

Section 1. Be it enacted hy the people of the State o/Appropriation. 
Illiiiuis, represcytted. in the General >^J.^se.mbli/, That the 
following appropriations be and the same are hereby made 
to the incnibers and officers of tlie general assembly, and 
for the salaries of the officers of tlie government, until the 
adjournment of the next regular session thereof : 

1. To the speaker of the senate and of the house of rep- Speaker of the 
resentatives, each, the sum of three dollars per day, for the j^'j;"'!*'' "ud ii. 
first forty-two days' attendance, and two dollars per day 

for each days' attendance thereafter. 

2. To each member of the senate and house of repre- ScTiator? and 
sentatives, the sura of two dollars per day, for the first for- '^^P'^'^'''''"^^' 
ty-two days' attendance, and one dollar per day for each 

days' attendance thereafter. 

3. There shall be allowed to each of the members of the 
general assembly, including the speakers of both houses, ' ®^^^ 



1851. 



190 



clerks and as- 
sistants. 

Sergeant-at- 
arms, Joor- 
kieper and as- 
sistants. 

Ensrossin^ and 



AssiBtants. 



Proviso. 



ten cents per mile for each necessary mile's travel, in going 
to and returning from tlie seat of government. 

4. There shall be allowed to the secretary and assistant 
Secretary and Secretary of the senate, and to the clerk and assistant clerk 

of the house of representatives, each, the sum of five dol- 
lars per day. 

5. To the sergeant- at- arms of the senate, and to the 
door-keeper and assistant door-keeper, the sum of four 
dollars per day. 

6. To the engrossinG: and enrollinfj clerks of the senate 
enrolling ci'ks. and of the house of representatives, each, the sum of three 

dollars per day. 

7. To tiie assistant engrossing and enrolling clerks of the 
senate and house of representatives, each, the sum of three 
dollars per day, for the time actually employed, to be cer- 
tifif d by the principal. 

8. And the compensation hereby allowed to each of the 
Compensation, officers and members of the general assembly shall be cer- 

how certified. np^Q^ jjy ^j^g speakers of the respective houses, and entered 
on the journals, and published at the close of the session : 
Provided, that the compensation of the speaker of the 
senate shall be certified by the secretary thereoi", and the 
compensation of the speaker of the house shall be certified 
by the clerks thereof, and entered on the journals, and pub- 
lished as aforesaid ; which said certificates, when made and 
signed as aforesaid, shall be sufficient evidence to the au- 
ditor of each person's claim respectively, who shall issue 
his warrant on the treasury for the amount to which each 
person shall be entitled as aforesaid, to be paid out of any 
moneys in the treasury not otherwise appropriated. 

9. To the clergymen of Springfield who have officiated 
as chaplains to the general assembly, the sura of one hun- 
dred and twenty-six dollars; to be divided among them, as 
they shall agree among tiiemselves. 

^ 2. The following sums are hereby appropriated for 
the salaries of the officers hereinafter mentioned, until the 
adjournment of the next regular session of the legislature 
as aforesaid. 

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

2. To the auditor of public accounts, at the rate of one 
thousand dollars per annum, exclusive of clerk hire; and 
to the said auditor at the rate of two thousand dollars per 
annum for clerk hire ; and he is hereby r. -quired to keep 
three clerks constantly employed in his office, until the ad- 
journment of the next regular session as aforesaid. 

3. T'^ the state treasurer, at the rate of eight hundred 
dollars per annum, exclusive of clerk hire ; and to the said 
treasurer at the rate of six hundred dollars per annum for 
cle'k hire. 



Chaplains. 



Appropriation 
for salaries. 



Governor. 



Auditor. 



Treasxirer. 



191 1851. 

4. To the secretary of state, at the rate eight hundred Secretary of 
dollars per annum, exclusive of clerk hire; and to the said ^'^'®" 
secretarj^ of state at the rate of six hundied dollars per 
annum for clerk hire. 

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

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

7. To each of the state's attorneys in the several judicial State attorneys, 
circuits of this state, at the rate of two hundred and fifty 

dollars per annum. 

8. To each of the inspectors of the penitentiary, at tlie inspectors of 
rate of one dollar and fifty cents per day : Provided, the l^"'t'-"tiary. 
same shall not exceed to each more than the sum of one Proviso. 
hundred dollars per annum. 

9. To Michael McNamara, the porter to the state offices, -^i'<;^aeiMcNa 
at the rate of one dollar and twenty-five cents per day. 

10. To the secretary employed in the fund commission- i'""''Commis- 
cr's office, at the rate of four hundred dollars per annum, taiy"'^' ^*^'^''" 
to be employed no longer than is necessary in the opinion 

of the 2:overnor: an^i it sluill be the duty of the auditor of^w^rteriy pay- 
pubhc accounts to issue his warrant on the treasurer tor nes. 
quarterly payments to the foregoing named oinceis. 

To tlie judge of the Cook county court, erected by anju.iga of Cook 
act approved twenty-first February, one tliousand eight *^^<juuty court. 
hundred and forty-five, at the rate of six hundred dollars 
per annum. 

To the prosecuting attorney of the said Cook county rrosccuting ai 
court, at the rate of two hundred and fifty dollars per annum, t^rney. 

Approved February 17, 1851. 



AN ACT to offoct the collection of the revenue of Wliite county for the years 1S46 InforceFeb- 17, 
and 1847, and for other purposes. 1851. 

Section 1. Be it enacted h}/ the people of the State of 
Illinois, rejiresented in the General t/isseinbly, That John 
B. Blackford, late sheriff and collector for the years eighteen Coiiectorfor iC 
hundred and forty-six and eighteen hundred and forty- •''"'^ '^/^ ^": 

^ t' oriZGil to col " 

seven, be and he is hereby authorized and eirxpowered to lect taxes of 
proceed in the collection of delinquent taxes for the years isaKi years. 
eighteen hundred and forty-six and eighteen hundred and 
forty-seven, ii the same manner he might have done under 
the assessment and laws regulating the collection of reve- 
nue for those years. 

§ 2. The county court of White county, Illinois, at its bounty court to 
June t':; — , one thousand eight hundred and fifty-one, is qucL; list '4(5. 



1851. 192 

hereby authorized to receive from the said John B. Black- 
ford a delinquent list of the tax on personal property for the 
year eighteen hundred and forty-six. 
Ten per cent. § 3. The ten per cent, interest on the uncollected taxes 
remitted. |-qj. ^]^g years eighteen hundred and forty-six and eighteen 
liundred and forty-seven be remitted to the said John B. 
Blackford, and the time of settlement and collections by 
him as such collector be extended to the first day of April, 
one thousand eight hundred and fifty-two. 
Approved Feb'y 17, 1851. 



In force Feb. 17 -^^ ^^^ ''" repeal the chartir of the Great Western Railway company, and for 
1851. ' ' other purposes. 

Preamble. Whereas by the terms of a release executed by D. B. Hol- 
brook, as president, and on behalf of the " Cairo City and 
Canal company," and bearing date at the city of New 
York, the twenty-fourth day of December, in the year of 
oar Lord one thousand eight hundred and forty-nine, the 
said Cairo City and Canal company did release and sur- 
render to the state of Illinois the charter of the Great 
Western Railroad company, and all acts or parts of acts 
supplemental or amendatory thereof, or relating to the 
Central Railroad, together with all the rights and privi- 
leges of any kind granted by said charter of acts, as fully 
and completely as if the same had never been passed by 
the legislature ;" and whereas one of the conditions ex- 
pressed in said release required of the legislature of the 
state of Illinois, at the next session thereof to be holden 
after the execution of said release, to accept or decline 
the release on the conditions therein stipulated ; there- 
fore, 

Section 1. Be it enacted by the peojde of the State of 
Release accept- Illinois, represented in the General t/issemhly, That the 
®^ said release be accepted by the state of Illinois. 

§ 2. Be it further enacted, That the act entitled " An 
Acts repealed, act to incorporate the Great Western Railway company," 
approved March sixth, eighteen hundred and forty-three, 
and an act entitled " An act to amend an act entitled 'an act 
to incorporate the Great Western Railway company,' appro- 
ved February tenth, one thousand eight hundred and forty- 
nine," and " An act to incorporate the Illinois Central 
Railroad company," approved sixteenth Jaiuary, one thou- 
sand eight hundred and thirty-six, be ^ad the same are 
hereby repealed. 

§ 3. Be it further enacted, That the act of the con- 
acwpted,^" gress of the United States granting lands to the state of 



193 1851 

Illinois, for the purpose of constructing a railroad from a 
point at or near the mouth of the Ohio to the southern ter- 
minus of the Illinois and Michigan Canal, with branches 
to Chicago and Galena, entitled " An act granting the right 
of way and making a grant of land to the states of Illinois, 
Mississippi and Alabama, in aid of the construction of a 
railroad from Chicago to Mobile," approved September 
twentieth, one thousand eight hundred and fifty, be and the 
same is hereby accepted ; and all conditions expressed in 
said act are hereby agreed to and made obligatory upon the 
■state of Illinois. 

Approved February 17, 1851. 



AN ACT to amend an act entitled " An act establishing county courts and providing In force, Ajiril 
for the election of justices of the peace and constables, and for other purposes. 18, 1851. 

Section 1. Be it enacted by the people of the State of 
Illinois.) represented in the General Assembly, That all 
and every person or persons, and any body corporate, who Appeals fn.m 

1 iH -J !.• If 1 ^c i.\ 1 county eoun 

may hereatter consider hiraselt, herselr or themselves ag- allowed. 
grieved by any decision or order of any of the county courts 
of this state, while sitting and exercising the powers and per- 
forming the duties heretofore conferred by law on the county 
commissioners' court of this state, shall be allowed to take 
an appeal from said decision or order to the circuit courts 
of their respective counties, by filing bond with the clerk 
of said court, to be approved by him within twenty days 
from and after the rendition of said decision or order; said 
bond to be made payable to the judge of the county court, 
or his successor in office, for the use of the people of the 
county in which said suit is pending; the condition of which 
shall be the same as bonds in appeals from justices of the 
peace. 

§ 2. Be it further enacted. That it shall be the duty of Duty of eUrk* 
the several clerks of the county courts of this state within °JJf^^ <^^'"^*? 
five days from and after the filing of the bonds as aforesaid, 
to make out a certified copy of the decision or order from 
which the appeal is taken, and transmit the same, together 
with all the papers in his possession appertaining or in any- 
wise belonging to said cause, to the clerk of the circuit 
court, who shall file the same in his office, and docket the 
suit as in other cases of appeals. 

§ 3. B e it further enacted.) That the clerks of the several Clerks of cou»iy 

county courts of this state are hereby authorized and em- j^^'^'^CTaBt 

powered to grant letters testamentary or of administration, letters testa- 

and citations in vacation, subject to the approval or disap- ^^^Sion.^'* 

13 . , 



1851. 194 

proval of the court, at its next regular term, any thing in 
in the law to which this is an amendment to the contrary 
notwithstanding. 

Approved Feb. 17, 1851. 



In force Feb. 17, -^^ -^CT to amend an act entitled weights and measures. 

1351. 

Section 1. Be it enacted by the people of the State of 
Illinois, repr^esented in the General Assembly, That the 
Standard standard weight of castor beans shall and it is hereby de- 

tor^beans.^'^^' clared to be forty-six pounds to the bushel, 

§ 2. This act shall take effect from and after its pas- 
sage. 

Approved Feb'v 17, 1851. 



In force Feb. 17, ^^ ^CT to amend an act entitled " An act to require the people of Alton to pay s 
1S51. part of the election and court expenses of the county of Madison," approred Feb- 

ruary 27, 1847. 

Section 1. Be it enacted by the pteople of the State of 
Illinois, represented in the General Assembly, That the 
Construction of act to which this is an amendment be so construed as to re- 
amended act. quji-e i\^Q common council of the city of Alton, and the 
county court of Madison county, at the June term of said 
county court of each and every year, to ascertain and set- 
tle upon the amount to be paid by said city for and on ac- 
count of the expenses in said recited act mentioned for the 
then current year. 

§ 2, The city council of the city of Alton, each year 

City council to hereafter, shall pay the county of Madison the amount which 

a^"essmenf of Said county rightfully pay to the county assessor, or his 

eity property, deputy, for assessing property within the limits of said city. 

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

Approved February 17, 1851. 



In force Feb. 17, AN ACT to authorize each town in the county of Tazewell to support its own pau' 
1851. pers. 

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



195 1851. 



overseer of the poor in each town in the county ofTaze-Each town rc- 
well IS liereby authorized and required to provide for the ''"''""^ *° ^"i'" 
support of the paupers belonging to said town, and the ex- Super!! °''" 
pense thereof shall be paid to the supervisor of said town 
out of any moneys collected for that purpose. 

§ 2. That the board of supervisors of said county are ^"*^^ioi''ty of 
hereby authorized to make such arrangements for the sup- S.°* '"^'""' 
port of the paupers who are now under their charge as tliey 
may deem expedient, at the expense of said county. 

§ 3. The relatives of such paupers, for refusing to sup- Penalty on rcia- 
port them, shall forfeit and pay to the board of supervisors *''" *^^ i'""' 
of said county of Tazewell, for the use of the town to which ^fj t?provSe 
such paupers belong, the same sum, in the same order, as is *^'"', "''^"" ^"i" 
now or shall hereafter be required by law ; said penalty to ^'"'' 
be^ recovered in the name of the board of supervisors of 
said county of Tazewell, for the use of the town to which 
such paupers shall belong. 

This act to take effect from and after its passaoe. 
Approved Feb. 17, 1851. "^ 



AN ACT to amend an act entitled "An act amendatory of the practice act," ap- In force Feb 17 
proved February 16, 1849. i-u iorce_i cd. i , , 

Section 1. Be it enacted by the people of the State of 
Illinois, represented in the General J2sse7nbl}/, That in all 
actions which may have been or may be c'ommejiced to Troceedin-s in 
perfect a distress for rent, before any justice of the neace f™'t'';r'' 
in this state, when the defendant or defendants shalfhave <iefendnnt has 
left the state or cannot be found, and upon the filing by the '"'^^ "'"^ ''"*''• 
landlord, his agent or attorney, of an affidavit setting forth 
that such defendant or defendants have left the state, or 
cannot be found, it shall be the duty of the justice of the 
peace to proceed in the cause, in the same manner as is re- 
quired by section seven or eight of chapter eicrht of the 
Kevised Laws. ° 

This act to take effect from and after its passage. 

Approved February 17, 1851. ^ 



AN ACT to drain tho wet lauds about Chicago. lo force F b 17 

Section 1. Be it enacted hy the people of the State of 

i!TJ:l''T'''''*^ f ^^'' Gm.m/ ^,S..^6/y, That Hen- commissioner. 

ry Smith, George W. Snow, James H. Reese, George Steel 



1851. 1^6 



i'iif«ecfee. 



and John Gray, Alson S. Sherman, Hart L. Stewart and Isaac 
Cook be and they are hereby appomted commissioners to 
lay out and superintend the construction of ditches, em- 
bankment, or roads necessary for the drainage of wet lands 
situate, lying and being in townships No. 38, 39 and 40 in 
ranges No. 12, 13 and 14 east of the third principal meri- 
dian, in the county of Cook. , j vu 
§ 2 The said commissioners are hereby vested with 
full power and discretion to determine the number, dimen- 
sions and direction of said ditches, roads and embankments; 
so far as it is practicable, they shall follow sectional, quar- 
ter sectional and eighth sectional lines, but where the nat- 
ural descent of the land requires a different direction, they 
shall be at liberty to depart from the sectional hnes, and 
follow the course indicated by the natural depression of the 
land, or such other course as shall best serve the purposes 

intended. • i iv i. „ ^-.ti 

G 3 The expenses of constructing said ditches, em- 
bankments or roads, together with all costs incurred on ac- 
count thereof, shall be assessed upon the lands benehtted 
thereby, and the said commissioners are l^e^eby empowered 
to as.ess the lands which they shall deem benefitted by the 
construction of said ditches, embankments or roads, m pro- 
portion to the benefit accruing to them, as nearly as may 
be The commissioners shall describe, on an assessment 
■ roil to be made by them, the lands on which they have made 
assessments, and the amount of said assessments; which 
assessment roll they shall deliver over for collection to the 
county treasurer of Cook county, who is hereby author- 
ized and directed to collect the same /^^d^he said assess- 
ment roll, or a copy of it, duly certified "nder the hands of 
the commissioners, shall be a sufficient warrant to the treas- 
urer to authorize him to collect the said assessments. 

R 4 The said assessments shall be a lien upon the lands 
L.e« upon upon which they are made until paid; and in case of refusal 
'-''^'- or neelect on the part of the owner or occupant of said 

proceedings to lands to pay them, it shall be the duty of the treasurer o 
enforce s.icb vj^gij '^u advertisement in some newspaper published in 
fhe county, of his intention to apply to the circuit court of 
Cook county, by petition, for judgment agamst the said 
lands, particularly describing them. And the circuit court 
of Cook county is hereby vested with jurisdiction to take 
cognizance of said petition, and if upon examination it 
shall appear that the said lands are chargeable with said 
assessments, and that said assessments are not illegal, the 
said court shall proceed to render judgment against each 
piece or parcel of land mentioned in the petition, for the 
amount of the assessment made upon it, together with costs, 
and shall direct a special execution to issue upon said judg- 
ment against the same, directed to the treasurer of Cook 
county. Objections to the assessments may be made at any 



197 1851 

time before final judgment; and if upon the hearing of said ob- 
jections the judge shall regard any portion of said assess- 
ments as being unjust or illegal, he shall proceed to correct 
them, or, at his option, refer the matter back to five special 
commissioners, to be appointed by him, to correct the er- 
rors of the first assessment. 

§ 5. The advertisement mentioned in the preceding A-iveitise'^i'w. 
section shall be made in the newspaper supposed to have 
the largest circulation in the county, and shall be published 
at least once in each week for four weeks previous to the 
next term of the circuit court of Cook county. 

§ 6. The compensation of the treasurer for the services Compensatioa 
required of him in this proceeding, shall be the same as that °' ii-ia^u'er. 
to which he is now entitled for the collection of state and 
county taxes. 

§ 7. Lands sold under the provisions of this act may be Re.icmpiion of 
redeemed from such sale, within the same time, and upon ""'^-^O' • 
the same terms, that are now prescribed in the case of lands 
sold for state and county taxes, but if no legal redemption 
is made from such sale, the treasurer of Cook county shall 
make a deed of said lands to the purchaser or purchasers 
thereof, his or their heirs or assigns, upon the return of the 
certificate or certificates of purchase. 

§ 8. Persons owning lands on either side of said ditches. Certain a?a:s- 
or roads, or embankments, and contiguous thereto, shall be !"aTun"iab)r' 
permitted by the commissioners to pay their assessments in 
labor, under the supervision and in accordance with the 
plans and directions of the commissioners ; provided they 
will perform such work as cheaply as others can be employ- 
ed to do the same. 

§ 9. Whenever any of the above named commissioners ^''^cancy in 

1 11 T • \ • cc i- il *. ""''™ of cord 

sliall die or resign his omce, or remove irom tlie county, mitsionor?, 
the judge of the circuit court of Cook county shall appoint ''"^^ fi"*^*' 
a competent peison to fill the vacancy thereby created. 

§ 10. The commissioners shall receive for their ser- Componsativa 
vices a compensation of one dollar and fifty cents ($1 50) 
per day, for every day in which they may be employed upon 
said work, and they may employ a surveyor to assist them in 
the location of any ditch, embankment or road, at a rate 
of compensation not to exceed three dollars ($3 00) per 
day, together with the necessary assistants and laborers ; 
all of which charges shall be deemed part of the necessary 
expenses of said work. 

§ 11. The said commissioners shall have power and i!n'is«-*- 
authority to erect and construct suitable bridges over said 
ditches or embankments, at the crossings of highways, and 
at such other points as shall seem to them expedient or 
necessary, the expenses of which shall be assessed as a 
part of the cost of the aforesaid improvements, and shall 
be collected in the same manner above stated. 

Approved Feb. 17, 1851. 



1851. 198 

In force Feb. 17, AN ACT to jirovide for the ordinary ami contingent expenses of the governmcDt, 
1851. until the anjournmeut of the next regular session of the general assemblj', and for 

sundry accounts for materials and necessaries furnished for the use of the state. 

Section 1. Be it enacted hy the people of the State of 
Illinois, 7'epresented in the General Jissemhly, That the 
Appropriations, following sums be and they are hereby appropriated to 
meet the ordinary and contingent expenses of the govern- 
ment until the adjournment of the next regular session of 
tiie general assembly of the state of Illinois : 

1. The sum of eight thousand dollars, as a contingent 
Conting't fund, fund, to meet the contingent expenses of the state govern- 
ment ; and the said fund shall be subject to the order of 
the governor, for the purpose of defraying all such expenses 
as are unforeseen by the general assembly, or are unpro- 
vided for by law : and a proper statement of which shall be 
laid before the next general assembly by the auditor, in his 
biennial report. 
Incidental ex- 2. The Slim of fifteen thousand two hundred dollars, as 
penses. ^ fund to meet the incidental expenses of the state govern- 

\udHor'^ office •'°^"^' which shall be a})propriated as follows, to wit: to 
for furniture the auditor's officc, for ftirniture and repairs of office, five 
and repairs. i-jup(]i.e(;i dollars ; for abstracts of lands, plats of old sur- 
Abstr'tsof land veys, and incidental expenses in correcting land lists, two 
and plate. thousand dollars; for printing blanks, circulars, patents, 
Printing, bik's, &c., one thousand dollars ; for postage on public letters 
ivtao'e. ^^^ documents, one thousand dollars \ for stationery, books, 

Statiorierj', kv. caiidles, &c.. One thousand dollars. 

Office secretary 3. To meet the expenscs of the office of the secretary of 
of state for fur- ^^ . £ furniture and repairs of the office, three hundred 

nuure and re- i i • i i i 

pairs. dollars ; for postage on public letters and documents, six 

Printfn<^ ,,|,j. Juindred dollars ; for printing blanks, circulars, &c., seven 

ic. "' hundred dollars ; for stationery, candles, &c., six hundred 

Stationery. &c. dollars ; for repairs, furniture, binding books, subscription 
State library, for periodicals, &c., for state library, five hundred dollars; 

„ , , ,. for repairs, furniture, fuel for the use of the legislature and 

lucl, statione- t ' . ' . i ,i 

ry, for use of state offices, stationery, printing paper and other expenses 
legislature, necessarv in the discharge of his duty as secretary of state, 
per, etc? and under the laws now in force, six thousand dollars. 

Office of treasu- 4. To meet the expenses of the office of the treasurer: 
r;r. for iurni- for books, fumiture, i)0stap;e, candles, &c., three hundred 

tare, postage, , ,, ' ' i o ' ^ ^ 

&c. dollars. 

Executive de- &• To the executive department : for postage, candles, 
partment, for blank books, furniture, &c., seven hundred dollars. 
mtVre,'^&c. "'' 6. The sum of three dollars per day, for the time actu- 
Private socre- ^^'^ employed, for the hire of a clerk in the executive de- 
tary. ])artment, the amount to be certified by the governor, and 

his certificate shall be sufficient evidence, to the auditor, 
who shall issue his warrant to the treasurer for the same, 
and the said treasurer shall pay the same out of any mo- 
neys not otherwise appropriated. 



199 1851. 

7. The sum of three hundred dollars for repairs of the Kcpairs of gov- 
governor's house. """^^'^ ^""s^- 

8. That the following sums be and the same hereby are 
appropriated to meet the following accounts incurred for 
articles required for the use of the present general assem- 
bly, viz: the sum of thirty dollars and seventy-five cents, G-A.^Mason, 
to G. A. Mason, for furnishing and repairing chairs ; the * ''' 
sum of forty-one dollars and tiiirty cents, to Johnson & Brad- ■^Bradford ^"^'^ 
ford, for articles stationery; the sum of one hundred and eigh- $-ti 30. 

ty dollars and seventy-five cents, to E.B. Pease & Brother, E. b. Pease & 
for articles of stationery, &c. ; the sum of four hundred ^'"''' '^^^'^ '^''• 
and seventy dollars and sixty-one cents, to Hurst & Taylor, liuvst & Taylor 
for sperm candles and sundries ; the sum of two dollars ^^"'^ ^^' 
and seventy-five cents, to Hawley & Loose, for locks : the ^^'^^''^^^^^"'^ 

. , ijOo.se is 2 7o 

sum of thirty-nine dollars, to James L. Lamb, for carpet ;j ^ lj^',,,^" ^yy 
the sum of eleven dollars and fifteen cents, to S. M. Tins- s. m. Tinsiey, 
ley, for sundries; the sum of twelve dollars and fifty-six ^i^^^ ^^■ 
cents, to Hickox Brothers, for shovels and toners, &c. ; the "'^^'".^o^J^?''^" 

O -^ -^ GTS' Sil-j 00. 

sum of five dollars and twenty-five cents, to J. Bunn, forj jg^j^jj <5;5'22 
brooms ; the sum of forty-nine dollars and fifty cents, to p, c. Webster 
B. C. Webster & Co., for carpet and spittoons ; the sum of & Co., $49 50. 
nine dollars and fifty cents, to Lowry, Lamb & Co., for^-'O^""^' ^^"'"^ 
stove and pipe for committee rooms ; the sum of forty-six ' 

dollars and twenty-one cents, to J. S. Rogers, for stove ii;.[e'2i.°° 
pipe, fenders, iron buckets, &.c. ; the sum of three dollars 
and fifty cents, to D. E. Ruckel, for table for vSenate iz bQ. "^ *^ ' 
chamber; the sum of seventeen dollars, to VanhufF tSc Lewis, 
for furnishing materials and arranging drapery for windows Le\TLs$i7'oo- 
behind spL^akers' chairs; the sum of one dollar per day, p.jjrick Tamp- 
-each, to Patrick Tamplin, Thomas Conner and David 'in. Thoma? 
Dron, the three extra hands employed for carrying wood j)axlr\ Dron, 
&c., for the use of the senate and house of representatives ; S^ oo per day. 
to J. C. Sutton, one hundred dollars, for work done on the"^- ^[q S""^"» 
state house, to be certified to the auditor by the secretary 
of state; to Napoleon Koscialowski, for one hundred and ^''.^i^f^*^"?. •^^°^" 

n 1 r- Til- • 1 • cialovvski, 

twenty-one maps of the state of Illinois, as per resolution $ioC V6. 
of the house, one hundred and thirty -six dollars and thir- 
teen cents ; for amount paid by auditor for making maps, ^"'^^•'^°^ fof 
estimating quantity of vacant lands, &c., for the use of the 
senate, sixty-six dollars and fifty cents ; the sum of forty- 
seven dollars and seventy-eight cents, to Enoch Moore, for Enoch Moore, 
posting the journal of executive acts, kept in tlie office of sj'^'' ''■'^• 
secretary of state, from February, one thousand eight hun- 
dred and forty-eight, to May, one thousand eight hundred 
and filty; the sum of two hundred dollars to the secretary ggpretury of 
of state, for making index to the laws, journals and reports state, f;>r ma- 
of the })resent general assembly ; the sum of one hundred to"fws'&c?^" 
dollars, to the publisliers of the State Register, the same sum 
to the publishers of the Journal, and the same to the pub- ReoLter, Jonr- 
lishers of the Organ, for publishing the laws of a general uai and Organ. 



1851. 200 

nature passed at the present session of the general assem- 
bly, to be paid when tlie services have been rendered. And 
the auditor is hereby authorized to draw his warrant or 
warrants on the treasury for the above mentioned sums, and 
the treasurer is hereby required to pay the same, out of any 
moneys in the treasury not otherwise appropriated. 

9. The sum of eleven thousand dollars, in addition to the 
Appropriation appropriations already made, is hereby appropriated, to be 
state house, expended under the directirn of the governor, secretary of 
state and treasurer, in pursuance of the provisions of an act 
entitled " An act making appropriations for the completion 
of the state house," approved Feb. sixteenth, one thousand 
Area nround eight hundred and forty-seven. Said commissioners shall 
tole^made^'^*'^ fi^^^ cause the area around the house to be made, and the 
remainder of the appropriations to be expended in com- 
i'roviso. pleting the work in the interior of the house : Provided^ 

that any old materials not necessary in the completion of 
the house may be sold by the commissioners, and the pro- 
ceeds paid into the treasury, and the amount of said pro- 
ceeds are hereby appropriated in addition to the amount 
above stated. 

§ 2. The laws now in force providing for the pay of 

J-av,-3 continued messengers to other states for the apprehension of fugitives 

in force. from justice, rewards for escaped convicts, reports of the 

decisions of the supreme court, for work not completed or 

paid for, &c., shall remain in force, and the payments shall 

be made as required by said laws. 

§ 3. All accounts for work done in repairing the state 
Certain ac- house, or any of the public offices, when said work is done 
ar"«6ted by ^J ^'^ ^^'^ i o^ otherwise than by special contract, shall be 
oittb. attested by the oath of the claimant, or other witness, be- 

fore the officer ordering such work shall certify to the ac- 
count. All accounts for stationery or other articles fur- 
nished for the use of the state, or for any of the public 
offices, except when the same is furnished on a written con- 
tract, shall be attested by the oath of the claimant or other 
witness ; which oath may be administered by the auditor 
of public accounts, or any justice of the peace or judge- 
No warrant shall be issued by the auditor for work done 
Amounts to be or articles furnished for the use of the state, in pursuance 
apnrovi'd.'""^ of the foregoing appropriations, until the account is properly 
certified by the proper officer and approved by the gov- 
ernor. 

§ 4. Messages, reports and documents required to be 

Docuiuents printed for the use of the general assembly, or either branch 

of'state °o "bo thereof, or for the use of any of the state departments, by 

first delivered any law, resolution or order, shall, in the first instance, be 

BtaTe. ^^^ ° delivered to the secretary of state, to enable him to certify 

the amount payable to the printer, and shall then be dis- 



201 1851 

pusoii of as required by the law, resolution or order direct- 
ing such printing. 

§ 5. That the auditor issue his warrant in favor of Na- ^^f S^s^'of'^ 
jioleou Koscialowski, for the sum of twenty-five dollars, Napoleon Kos- 
for his services in drawing plan and making estimates for a '""''°'^^^'- 
state armory by direction of the military committee. 

The sum of two hundred dollars is hereby appropriated Daniel Moli 
ti) Daniel Mcllroy, for performing the duties of state's at- a'tfo'n$^oo*^oT. 
torney, for the two years past, in the seventh judicial cir- 
cuit; and the auditor is hereby authorized to draw his war- 
rant upon the treasurer for that sum. 

Approved Feb. 17, 1851. 



JOINT EESOLUTIONS 



A JOIXT RESOLUTIOX concerning postage and stationery. 



Resolved by the Senate, the House of Representatives 
concurring herein, That the jomt resolution of the last'^°;'"j^''^^f\°g"g 
session concerning postage and stationery be adopted by adopte<i. 
the present session. 



A JOINT RESOLUTION for obtaining a grant of land to every landlc?s head of 

family. 

Resolved by the House of Representatives, the Senate 
concurring herein, That our senators in congress be in- instiuetion. 
structed, and our representatives requested, to use their 
best endeavors to procure the passage of a law by congress, 
granting, free of charge, to every landless head of a fanaily 
in the United States, who will settle on and cultivate the 
same for one year, one hundred and sixty acres of land 
from our public domain. 

Resolved, That the governor be requested to transmit a 
copy of the foregoing resolutions to each of our members 
of consrress. 



iS51. 204 

A JOINT RESOLUTION instructing our senators and requesting our representatives 
to procure a stage route from New Harmony, Indiana, to Chester, Illinois. 

Resolved by the House of Representatives^ /he Senate 
concurring herein, That our senators in congress be in- 
Instruction. structcd, and our representatives requested, to procure the 
establisiiment of a mail stage route from New Harmony, in 
the state of Indiana, to Chester, in the state of Illinois, by 
way of Phillipstown, Carmi, in White county ; McLeans- 
borough, in Hamilton county ; Benton, in Franklin county, 
and Pinckneyville, in Perry county ; and that the governor 
be requested to furnish each of our members in congress 
with a copy of this resolution. 



JOINT RESOLUTION directing the auditor to withhold from sale certain state lands. 

Resolved by the General Assembly, That the auditor be 
Land3 withheld and he is hereby directed to withhold from sale, until oth- 
romsaie. erwise directed", all the state lands situated on or near the 
line of the Central railroad, as heretofore located. Also, 
the lands situated on or near the line of a railroad proposed 
to be constructed from Alton to Terre Haute, as well as on 
or near the line of the Northern Cross railroad, east of 
Springfield. 



JOINT RESOLUTION instructing our senators and rt^juestin^ our representatives in 
congress to use their influence to obtain a gTant of land in aid of the Alton anvil 
Mt. Carmel and of the Northern Cross railroads. 

Resolved by the House of Representatives of the General 
Asseinbly of the State of Illinois, the Senate concurrins; 
herein, That our senators in the United States congress be 
Instruction. and they are hereby instructed, and our representatives 
in said congress be and they are hereby requested, to exer- 
cise and use all due diligence in endeavoring to obtain the 
passage of a law by the congress of the United States, at. 
the earliest day practicable, granting to the states of Illi- 
nois and Indiana the usual amount of alternate sections of 
Soutliein Cross P^^^^^ ^^"'^ '^^ both sides of the Alton, Mt. Carmel and 
railroad. New Albany railroad, commonly called the Southern Cross 

railroad of Illinois and Indiana, running from the Mississip- 
pi river, near the mouth of the Missouri, to the falls of tlie 
Ohio river. And, also, on both sides of the Northern Cross 



205 1851. 

railroad, from Qiiincy, on the Mississippi river, to tlie east- Northern croes 
ern line of the state of Illinois, in the direction of La- '"'" '■^•'^''• 
fayette, to Indianapolis, in the state of Indiana. Said 
grants of public lands to be used by said states for the sole 
purposes of aiding in the construction of said railroads. 

Resolved .) That his excellency, the governor of this state, Copies to be for- 
shall forward a copy of the foregoing resolutions to each of ^^^rded. 
the senators and representatives from the state of Illinois to 
ilie congress of the United States. 



RESOLUTION instructing our senators and rcquostini; our representatives in congress 
to use their efforts to have the bounty land bill amended. 

Resolved, Tliat our senators in congress be instructed, instruotioB. 
and our representatives requested, to use their influence to 
procure the passage of a law by congress, so amending the 
present law granting land bounty to the commissioned, 
non-commissioned oflicers, musicians and privates, who 
served in any of tlie wars of the United States, since the 
year 1790, as to allow the widows of such soldiers, whether 
married or not, and the children of such soldiers, wliether 
they shall have arrived at the age of maturity or not, to 
draw such bounty land jointly, upon all warrants not here- 
tofore issued. 



JOINT RESOLUTION rescinding the resolutions of instruction of the Wilmot proviso. 

Resolved hy the Senate and House of Representatives of 
the General Assembly of Illinois, That the constitution of 
the United States was the result of compromise, and could Constitution re- 
not have been formed without concessions made by the differ- ^"jg^e^^*^^**^^'^" 
ent states represented in the convention of 1787, and under 
which this confederacy of sovereign states was brought 
together, and consummated as an union for certain general 
and limited purposes ; and that the federal government, as a 
consequence of the constitution, is one of limited powers, 
derived exclusively from that instrument, and, in order to 
its preservation, all the grants of power therein contained 
should be strictly construed by all the departments and 
agents of the general government so constituted ; and that 
all the concessions and compromises therein contained, 
should be faithfully observed and maintained by all sections 
of our common country ; and that it is at all times danger- 



1851. 206 

ous and inexpedient to exercise doubtful constitutional 
powers, unless the necessities and exigencies of the nation 
should manifestly surmount questions of doubt and expe- 
diency. 

Resolved, That the institution of slavery was one of the 
■^XTob^ecf of P-""'^^^^^^ subjects of compromise embraced in the constitu- 
comprmuiso.'* ^^0"' ^^^^ ^^^^^ general assembly, without committing itself 
upon the question of the constitutional power of congress 
to legislate upon the subject of slavery in the territorfes of 
the United States, deem the exercise of such power unne- 
cessary and inexpedient, because the exercise of the same 
is calculated to impair the happiness of the people, and to 
endanger the perpetuity of our glorious Union. 

Resolved, That regarding the constitution of the United 
States as not conflicting with the divine law as revealed to 
us, we, as citizens of the American Union, know no higher 
■ ' ■ ■ '-• law than the constitution of our country; and that as mem- 
bers of the general assembly of Illinois, when we take an 
oath to support the constitution of the United States, do 
not consider that we make any mental reservation touchinfr 
the requirements of duty imposed by that instrument ; there"^ 
fore, be it 

Resolved by the Senate and House of Representatives of 
the General .Assembly of Illinois, That all laws passed 
Duty of citizens, by the congress of the United States, under and in pursu- 
ance of the constitution, should be supported, upheld and 
obeyed by all the citizens of this and every other state and 
territory in the Union. 

Resolved, That the controversy upon the subject of slave- 
Coutrovcrsy on ry, between the slave-liolding and non-slave-holdins states of 

the subject of+i, tt • 1,1 t , , .'-' . , . . & 

slavery to bo the Uniou, and the distractions, jealousies, and destruction 
deprecated, of mutual Confidence among the several states arising there- 
from, should be deprecated by every good citizen and lover 
of his country, in the north, south, east and west, as having 
the inevitable tendency of loosening the bonds of the Union, 
and threatening to prostrate the noblest fabric of civil and 
religious liberty that the world ever saw. 

Resolved, That the system of adjustment or compromise 
Comproiiiiseap- passed during the last session of congress, comprisino- the 
P'''^®'^- admission of California, the establishment of territoriaf gov- 

ernments for Utah and New Mexico, without the Wilmot 
proviso, so called, the settlement of the boundary line be- 
tween Texas and New Mexico, the suppression of the slave 
trade in the District of Columbia, and the amendment of 
the act of 1793, for the recovery of fugitive slaves, is emi- 
nently calculated to remove the controversy, and to restore 
peace, quietude and confidence between the different sec- 
tions of our beloved country, and meets with the hearty 
concurrence and approval of this general assembly. 



207 1851. 

Resolved, That our senators be instructed, and our re- instruction?, 
prcsentatives in the congress of the United States be re- 
quested, to use all their energies, and tD employ their best 
abilities and influence in resistance to any and all attempts 
that may be made to disturb or to unsettle, either by repeal 
or modification, any of the measures embraced in that sys- 
tem of adjustment or compromise. 

Rcsulved, That any resolutions passed by any previous Wiimot provifo 
general assembly, in conflict with the foregoing, and espe- instructions re- 
cially those adopted during the first session of the last gen- 
eral assembly, known as the Wilmot Proviso resolutions of 
instructions, be and the same are hereby rescinded. 

Ne'^oh'cd, That we approve of the manly and patriotic ^^jj^j^ ^i- ^^^ 
stand taken by the executive of the United States in evinc- president ap- 
ing his determination to execute and enforce all laws con- P"""^'®'- 
stitutionally enacted, and that the people of the state of 
Illinois will cheerfully sustain iiim in so doing. 

Iiesolved, That his excellency, the governor of this state, Copies to be sent 
be requested to transmit a copy of the foregoing resolu- 
tions to each of our senators and representatives, with the 
request that a copy thereof be presented in each house of 
congress, and also a copy to the executive of each state of 
the Union, to be laid before their respective legislatures, 
that the position of Illinois, so far as can be defined by her 
general assembly, may be understood by the other states of 
the Union. 



A JOINT RESOLUTION in reference to tlie improvement of the Kaskaskia river. 

Resolved by the House of Representatives, the Senate con- 
curring herein, That our senators in congress be instructed. Instruction, 
our representatives requested, to exert themselves to pro- 
cure a donation of public lands from the general government, 
to be applied to the improvement of the navigation of the 
Kaskaskia river. 



JOINT RESOLUTION in reference to pre-emption rights on the line of the Central 
railroad and branches. 

Resolved by the Haiise of Representatives of the State of 
Illinois, the Senate concurring herein, That our senators 
in congress be instructed, and our representatives be re- instruction- 
quested, to use their exertions to procure the passage of a 
law granting pre-emption, for twelve months from and after 



1851. 208 

the selection of the lands hereinafter mentioned, to the ac- 
tual settlers upon the public lands within fifteen miles on 
either side of the Central railroad and branches. 

Resolved, That the governor be respectfully requested to 

Copies to 1m transmit a copy of this resolution to our senators and repre- 

trannmitted. sentatives in congress. 



DEPARTMENT OF STATE, 

Springfield, Illinois, April 22, IbSI. 

1, David L. Gregg, Secretary of State of the Eaid state of Illinois, do hereby certify that th? 
foregoing (except the words printed in brackets, thus [ ], which are inserted for the purpose ol 
correction and explanation,) are true and perfect copies of the enrolled laws of a general nature, 
and joint resolutions, on file in my oflBce. 

J n testimony whereof, I have hereunto set my hand, on the day and year aforesaid. 

DAVID L. GREGG, 

Secretary of State. 



IIDEX 



14 



INDEX 



A. 



Academies, act relative to, - - 85 

may be organized by the associa- 
tion of five or more persons, - 86 
acts of association o(, to be filed, 86 
to become incorporated, - 86 

corporate powers of, - - 86 

trustees of, required to file annual 
statement, - - 87 

Acts, relative to fugitives from justice, 
reports of supreme court, &c., 
continued in force, - ■ - 200 

Act of 1847, so much of as directs sale 

of Revised Statutes, repealed, 5 
jn relation to plauk roads, amend- 
ed, - - 11,15,146 
part of, relative fo a road in Ful- 
ton county, repealed, - 177 
Accounts against the slate in certain ca- 
ses sworn to, - - 200 
to be certified and approved, - -.00 
Adams, town of Mendon created in the 

county of, - - 117 

town of Payson in, an additional 
justice and constable allowed to, 185 
Administrators allowed to sell or com- 
pound debts ivhich cannot be 
speedily collected, - - 188 

Administration, letters of may be grant- 
ed by clerks of county courts, 
in vacation, - - 193 

Alton, city of, required to pay part of 
court and election expenses of 
Madison county, - - 194 

to pay for assessment of city pro- 
perty, - - - 194 
Allis, S. G. M. See Roads, - . 95 
Alien, John. See Illinois and Michigan 

canal, - - - 10 

Ash, Horace F. See Quincy House, - 22 
Aiken, Geo. W. See Roads, -114 

Anderson, David. See Roads, -136 

Allen, Nathan. See Du Page, - 161 

Anderson, S. B. See Roads, - - 176 

Alexander county, pre-emption to lands 

granted in, - - 104 



Aliens, real estate of, subject to same 

rules as that ol citizens, . 149 

personal estate of, when intestate, 
to be disposed of same as per- 
sonal estate of citizen^-, - 149 
to be on tan.e footing as citizens 
as to rights of properly, - 1 19 
Amendment to constitution, submitted to 

the peiiple, - ]07, 108 

Appeals from county courts, allowed, - 193 
copy of decision appealed fioui to 
be filed in county court, - ]93 

Appropriations, general, for members 

and officers of general assembly, 189 
for salaries of public officers, - ]90 
partial, to members and officers of 

general a'sembly, - - 5 

supplemental, to officers rf gener- 
al assembly, - . ]07 
supplemental, fo engrossing and 
enrolling clerks and door-keep- 
ers, - - - 134 
for i>rdinary and contingent ex- 
penses of the government, - 198 
for account's incurred b)' the gen- 
eral assembly, - - 199 
Appropriation, to G. A. Mason, - 199 
to Johnson & Bradford, - 199 
to E. B. Pease & Brother, - ]99 
to Hurst & Taylor, - - 199 
to Hawley & Loose, - - ]99 
to James L. Lamb, • - ]9:) 
to S M. Tinsley, - - 199 
to Hickox Bro'hers, - . 199 
to J. Bunn, - - - I "'9 
to B. C. Webster & Co., . 199 
to Lowry, Lamb & Co., - 199 
to J. S. Rogers, - - 199 
to D. E. Ruckel, - - 199 
to Vanhuff & Lewis, - - 199 
to Patrick Tamplin, - - 199 
to Thomas Conner, - - 199 
to David Dron, - . 199 
to J. C. Sutton, - - 199 
lo Napoleon Koscialowski, 199, 201 
to Enoch Moore, - - 199 
to the State Register, • - 199 



[ iv ] 



INDEX. 



ADPropriation, to the Sangamon Jour- 
^^ .,al, - - - 199 

to the Organ, - - 199 

to Daniel Mcllroy, - - 201 

iVr ttie completion of the state 

house, - - - 200 

to purchase books for the libraries 

of the supre(!,e court, - 12 

to B. B. Howard, - - 89 

to Burton C. Cook, - - 89 

to David B. Campbell, - 89 

to Anderson P. Corder, - 89 

to the Institution for ihrt Blind, - '01 
to ttie Hospital for the Insane, - 101 
to the institution for tne Educa- 
tion of the Deaf and Dumb, - 103 
to Charles Gardnt-r, - - 126 

to the joint committee appointed 
to visit the dykes at St. Louis, 127, 

138 
to the committee appointed to vis- 
it the slate institutions at Jack- 
sonville, - - 1-7, 138 
to John Williams, - 127,138 
to iMaro M. L Read, - 1^7, 138 
lor a geological survey of the state, 1 55 
to ereit a monument to the mem- 
ory of the late Gov. Ford, - 15fi 
to Richard •'I.Young, - - 163 
to Michael McNamaia, - 191 
Assessment of property, in McDonough 

county for 1850, legal izfl, 8 

in Schuyler county for 1850, le- 
galiz^d, - - - 10 

Assessments, to be valid, although nbt 
completed in the lime provided 
by law, ... 119 
penalty for failure in the comple- 
tion of, not released, - 119 
Assessor of Quincy to assess state taxes. 121 
Attachments, chapter9, Revised Statutes, 

relative thereto, amended, - 160 
Auditor of public accounts, may pur- 
ch ise property for the use of 
the state, in certain Coses, - 140 
may sell and convey such proper- 
ty, - - - 140 
manner in which he shall issue 
warrants when the state has a 
set-off, in part, - - 161 
to cause bank notes to be engraved 

and printed, - - 163 

to appoint registrars of bank notes, 163 

to receive stocks on deposite, - 163 

duties of, under banking law, 163, 164, 

166, 167, 169, 170 

B. 

Bank of Illinois, act for closing affairs of, 120 
successors to assignees appointed, 120 
powers of assignees, - - 120 

they may appoint agenta, - 120 

sell and convey real estate, - 120 



Bank of Illinois, assignees may make 

compromi-es, - - 121 

Banking, act to establish a general sys- 
tem of, - - 163 
Banking associations, may loan and cir- 
culate money, - - 164 
may consist ot any number of per- 
sons, ... lfc4 
capital stock of, not to be less 

than $50,000, - - 164 

members of, to make certificate, - 164 
specifications of certificate, - 165 

certificate to be filed in office of 

auditor and secretary of state, - 1G5 
certified copy of certificate to be 

evidence, - - - 1^5 

corporate powers of, - - 165 

bankii g powers of, - - H5 

officers of, - - - 165 

shares of stock in, to be personal 

property, . - - 165 

shaies of stock in, to be transfer- 
able, - - - 166 
to be subject to taxation, - 166 
not to be dissolved by death of 

shareholders, .. - 166 

stockholders in, not taxable for 

stock, - - - 166 

contracts by,tobesigned by presi- 
dent and cashier, - - 166 
may be sued, - - 166 
securities of, when to be surren- 
dered, ... 166 
notes of, when surrendered, to be 

cancelled and burned, - 166 

in case of failure of, to redeem 
bills stocks to be sold by audi- 
tor, - - - 167 
notice of sale, how to be given, - 167 
proceeds of the securities of, when 

sold, how to be applied, - 167 

plates, dies and materials for print- 
ing notes of, to remain in posses- 
sion of auditor, - - 167 
expense of providing notes for, 

how paid, - - . 167 

notes of issued, not to exceed se- 
curities, ... 167 
penalty to be incurred by auditor 

for issuing excess of notes, - 167 
damages to be incurred by, for 

non-payment of bills, - 167 

president and cashier of, to file 

lists of stockholders, annually, 168 
bills of to be made payable only 

at ordinary place of business, - 168 
bills ef, to be payable in specie, on 

demand, , - . 168 

mutilated bills of, to be exchanged, 168 

" " to be burned, - 168 

creditors of, not to be preferred, - 168 

purposes for which real estate may 

be held by, - - 168 



INDEX. 



[ V ] 



Banking associations, restrictions of in 
tin; purchase and sale of real 
estate, - - - ]69 

investigation of affairs of, when to 
be made, - - - 169 

failure to redeem notes, in case oi, 
what proceedings to be taken, - 1G9 

notice of sale of stocks deposited 
, by, - - - 169 

powers of, to cease on failure to 
redeem, - - - 170 

receivers of assets of, when to be 
a|:)pou)ted, - - ]70 

ap[jlK'ation of assets ot, - 170 

when jjut in liquidiitiini notes in 
circulation to be first paid, - 170 

etockholders, to what extent lia- 
ble, - . - 170 

list of stockholders to be itept 
for public inspection, - 171 

persons doing banking business 
puhject to the provisions of this 
act, whether called bankers or 
not, - - - 171 

commissioners of, to be appointed, 17J 

coininissioners ot, to conlinue in 
oliice (our years, - - 171 

commissioners of, their powers 
and duties, - - 171 

diminution of securities, how re- 
medied, - - - 171 

to make quarterly reports to audi- 
tor, - - - 172 

statements to be contained in re- 
ports, ... 172 

securities of, when to be surren- 
dered, - . - 172 

bills to be presented for redemp- 
, tion within three years after no- 

tice is given, - - 17.'i 

rate o( interest to be taken by, - 173 

time, flow to be computed by, - 173 

time, certain days not to be re. 
garded as days of banking busi- 
ne-s, - - . 173 

notes, &c , maturing on such days 
to be payable on the days previ- 
ous, ... 173 

individual responsibility of stock- 
holders, extent of, - - 173 

when assets of are exhausted, pro- 
ceedings may be had against 
s'ocktiolders, - . 174 

' judnments and decrees against 

stockholders, effect of, - 174 

proceedings in case ot two or more 
judgments, - - 174 

act to be submitted to the people, 174 

time of voting on, - - 171 

manner of voting, - - 175 

return and canvass of votes, - 175 

limitation of corporation to 25 
years, - - - 175 

state stocks to be deposited with 
auditor, as security for, - 1G3 



Banking associations, rate at which 

stocks to be received, - 1IJ3 

when stocks below par, amount 
deposited to double amount of 
notes issued, - - IGl 

stocks to be transferred to treas- 
urer, ... 1(34 
when stocks re-delivered to audi- 
tor, - - - 164 
descriptive lists ot stocks to be 
kept by auditor and treasurer, - 16 i 
Bank notes, to be engraved aiui printed, 16^' 
to be 'ounter^igned and register- 
ed, - - - 16;> 
registrars of, to be appointed by 

auditor, - - - 1G3 

when lo be delivered to associa- 
tions, ... 163 
descrijiiive lists of, to be deliver- 
ed lo treasurer, - - 164 
Barry, sale of parks and squares in town 

of, authori?pd, - - 186 

manner of sale, - - 1*^7 

application of proceeds of sale, . ]S7 
Beans, castor, weight of to the busiiel, - 194 
Belleville, full's incurred within the lim- 
its of, to be paid into the city 
treasury, - - - 15fi 

Blackford, John B., authorized to collect, 
taxes in White county for 1846 
and 1847, - - - 192 

Blind, institution for the education of, 

act relative to, - - 100 

term of officers limited, - 100 

trustnes, how appointed, - 1(30 

vacancies, how filled, - - 100 

tax levied for the support of, - lOl 
back taxes to beassessed and col- 
lected, - - - 101 
appropriation, - - 101 
amount of appropriation to be re- 

funder), - - - 101 

Bonds, in what case to be delivered to 

Macalister & Stebbins, - 2: 

canal, surh as were applied to 
completion of Northern Cross 
railroad to be deemed internal 
improvement bonds, - - 8S 

to bf funded, - - 88 

county of Cook authorized to is- 
sue, - - - 27 
Brown county, town of Versailles in, 

authorized to sell public square, 189 
Buckmaster. S. A., lease ot penitentiary 

to, extended, - - 13 

required to pay bonus, - 13 

required to give bond, - - 13 

Bush, Daniel H , pre-emption granted to, 105 
Burke, Michael. See Illinois and Mich- 
igan canal, - - 10 
Beebe, Orson. See Kankakee, 31,: 3 
Butler, William. See Roads, -llti 
Brown, William. See B^ink of Illinois, 120 
Bor<lers, Washington. See Roads, - 136 
Bradley, William. See Road*, - 1j7 

f 



[ vi] 



INDEX. 



PAGE. 

Brown, Harmon. See Roads, - 153 

Bennett, Joliii T. S^e Roads, -153 

Brown, Benj. See Barry, - - ]8li 

Blair, Montgomery. See Barry, - 186 

Baker, J. H. See Roads, - - 139 

Brewer, David. See Roads, - - 176 

Blakesley, Solar. Set Roads, - 176 

Bangs, Justice. See Roads, - - 177 

Barnes, David VV. See Roads, - 177 

Biddle, Jacob H. See Roads, -180 

c. 

Canal. See Illinois and Michigan candl. 

bonds, applied to coroplelion of 

Northern Cross railroad, to be 

deemed internal improvement 

bonds, - - - 88 

Castor beans, weight of to the bushel, - 194 

Cairo Cjiy and Canal company, release 

executed by, accepted, - 192 

Carroll county, index of records of, au- 
thorized to be made, - 130 
certain sections in, attac|ied to an- 
other township for school pur- 
poses, ... 124 
Cemelaries, land may be dedicated for, - 111 
title of, to be vested in perpetuity. 111 
penalty for injuring, - - 111 
Cliicago, sale of public square in, pro- 
hibited, - - 19,20 
fine^ incurred within thelimits of, 

to be paid into city treasury, - 156 
drainage of wet latids in vicinity 

of, - - 195,196,197 

each ward of, to elect supervisor, 77 
Christian county, [)arf of authorized to 

be added to Shelby, - - 118 

vote to be taken, - - 118 

Champaign county, time for collection 
of revenue in, for 1850, exten- 
ded, - - - 95 
Circuit courts, lime of holuing. See 
courts, 
duty ot, to give act for protection 

of stfite lands to grand juries, - 6 
duty of, to commit persons con- 
victed of trespasses in certain 
cases, - - - 8 

duty of, to give law prohibiting 
cale of intoxicating drinks in 
charge to grand juries, - 19 

Circuits, 12th judicial circuit, establish- 
ed, - - - 13 
time of holding courts, - 14 
election of judge and state's attor- 
ney, - - - 1 1 
duties and fees of attornev, - 14 
13lh judicial circuit, established, - 20 
time of holding courts, - 20 
election of judge, - - 20 
power of judge, - • 20,21 
grand jury not to be summoned for 
certain terms, - - 21 

I 



Circuits, 13lh judicial circuit, election of 

slate's attorney, - - 21 

14ih judicial circuit established, - 82 
time of holding courts, - 82 

election for judge and stale's at- 
torney, - - - 82 
powers and duties of judge, - 83 
15th judicial circuit, established, 82 
time of holding courts, - 82 
election of judge and state's at- 
torney, - - - 82 
powers and duties of judge, - 83 
Cities, authorized to vacate and change 

streets, - - - 112 

Collectors, in counties under township 
organization, time to complete 
collections of, extended, - 7 

Collector of Pekin, allowed further time 

to make collections, - 79 

of Champaign county, allowed 
time to make collections for 
1850, - - - 95 

of Quincy, required to collect 
state taxes, - - 121 

Commissioners to locate state roads, 

duty of. See Roads. 
Commissioners of highways. See Town- 
ship Organization. 
Common schools, an act to establish and 

maintain, amended, - - 127 

Committee, to visit dykes at St. Louis, 

expenses of, - 127, 138 

to visit institutions at Jacksonville, 
expenses of, - 127, 138 

Commissioners of deeds, &c., in other 
states, act authorizing appoint- 
ment of, . . - 142 
not more than five to be appointed 

in any city or county, - 142 

to continue in office four years, - 142 
authority of, - - - 142 

effect of acknowledgments taken 

by, - - - 142 

to take and subscribe an oath, - 142 
oath of, to be filed in the office of 

secretary of state, - - 143 

to procure seal, - - 143 

to transmit signature and impres- 
sion of seal to secretary of state, 143 
authentication of acknowledg- 

ment.s taken by, - - 143 

acknowledgments by, where to be 

taken, . - - 143 

date and place of acknowledg- 
ment to be specified, - 143 
former acts relative to, repealed, 143 
office of present commibsioner, 

when to expire, - - 144 

secretary of state to prepare forms 

and instructions for, - - 144 

non-residents of a state or terri- 
tory not to be appointed for 
such state or territories, - 144 



INDEX. 



[ vii] 



Constitution, amendment of, submitted to 

the people, - 107, 108 

Constables, town of Waukegan to elect 

three, - - - 117 

Conveyances, instruments of, to be treat- 
as valid without certificate of 
official character of the magis- 
trate before whom taken, - 122 
purchasers, mortgagees and credi- 
tors, charged with notice from 
date of filing of, for record, - 122 
certified copies of, to be evi- 
dence, - . - 122 
certificate of official character of 
the person before whom ac- 
knowledged, may be attached 
to copy, . - - 122 
duty of clerk to attach certificate, - 122 
certified copies of, acknowledged 
without the state to be evi- 
dence, - - - 123 
coiiiTiissioners to take acknowl- 
edgment of in other states, - 142 
Cook county, supervisors of, authorized 

to borrow money, •• - 27 

required to levy tax, - - 27 

application of fax, - - 27 

doings of county con:imi33ioners' 

court of, confirmed, - - 87 

Corn, Indian, bushel of to consist of 

fifty-six pounds, - - 113 

County treasurers, to be elected bienni- 
ally. - - - 144 
next election of, to be held in No- 
vember, 185t, - - 144 
office of, to become vacant on fail- 
ure to give bond, - - 15 
duties of, in counties which have 
adopted township organization, 53 
County courts, appeals from allowed, - 193 
County of Oregon, establishment of au- 
thorized, - - - 131 
County of Kankakee, establishment of 

authorized, - - 30 

County of Gallatin, created out of the 

counties of Saline and Gallatin, 28 
County surveyors, to be road viewers, - 176 
Courts, time of holding in second circuit, 93 
third, - - - 30 

fourth, - - - 110 

fifth, - - - 83 

sixth, - - - 83 

ninth, ... 152 

tenth, - - - 84 

eleventh, ... 159 
twelfth, - - - 14 

thirteenth, - - 20, 152 

fourteenth, - - - 82 

fifteenth, - - - 82 

Cumberland county, school commission- 
er to apportion school fund for 
1850-'51, - - - 99 

school directors in, in what cases 
to be elected, - - 99 



Cook, Burton C, appropriation to, - 89 
Campbell, David B., appropriation to, - 89 
Corder, Anderson P., appropriation to, - 89 
Crenshaw, John. See Salines, - J)4 

Cartwright, Peter. See Roads, - 91 

Carson, William. See Roads, - 91 

Cody, Richard. See Illinois and Michi 

gan canal, 

Chatfield, William A. See Kankakee, 31, 33 
Caldwell, Albert G. See Bank of Illi- 
nois, 
Grain, Rev. John. See Roads, 
Cook, Willard. See Roads, - 
Cook, Isaac. See Wet Lands, 
Casey, Lewis F. See Roads, - 
Chattam, Barsilla. See Roads, 

D. 



10 



120 
134 
176 
196 
178 
180 



Deaf and dumb, additional fund for the 

educatioik of, created, - 102 

amount of fund, - - 102 

tund to be deducted from interest 
fund, created by the act of 
March 4, 1845, - - 102 

lund to be drawn from tlie treasu- 
ry monthly, as required for use, 102 
amount to be paid lor each pupil, 

limited, - - - 102 

application of proceed? of farm, - 102 
act of February 23, 1847, relative 

to, repealed, - - 103 

ten thousand dollars appropriated 

to complete building, - 103 

one thousand dollars appropriated 
to buy lot, - - 103 

Deeds, commissioners to take acknowl- 

• edgments of, in other states, - 142 

Distress for rent, proceedings in cases 
of when the defendant has left 
the state or cannot be found, - 195 
Disorderly persons, at town meetings, to 

be imprisoned, - - 44 

Documents, printed for use of the gener- 
al assembly, to be delivered to 
secretary of state, - - 200 

Du Page, acts of county court of, legali- 
zed, - - - 161 
commissioners appointed to exam- 
ine records of county court of, 161 
commissioners to make report to 

circuit court, - - 161 

in what ca«e records of, to be 

transcribed, - - 161 

fees for transcribing records of, - 161 
Dykes opposite St. Louis, time for com- 
pletion of, extended, - LtO 
Diller, Isaac R. See Quincy House, - 22 
Durham, Thomas. See Kankakee, - .S3 
Davis, John T. See Roads, - -114 
Duncan, Sidney S. See Roads, -II6 
Duncan, S. S. See Oregon, - - l-'^2 
Doyle, Edward. See Roads, - - 151 
David, Abraham. See Roads, - 151 



[ viii ] 



INDEX. 



Dodge, Abram R. See Du Page, 
Duncan, Asa. See Roads, - 
Dailey, Jacob. See Roads, - 

E. 



PAGE. 

- 161 

- 177 

- 180 



Effingham county, error in tax book of 

to be corrected, - - 182 

Edmonson, Arcfiibald. See Roads, - 179 
Ellis, Wm. W. See Roads, - - 116 

Epler, Jacob, See Roads, - - 91 

Estray hogs, when to be taken up, — 116 

Estates, act to facilitate settlement of, 

amended, - - 188 

debts due to, when to be sold or 

compounded, - - 188 

Execution, homesteads to be exempt 

from sale on, - - 25 

Executors allowed to sell or compound 

debts in certain cases, - 182 



r. 



Fees, of circuit cJerks, for completing 

indexes to records, - - 80 

of E. G. Sanger, for collecting re- 
venue of Peoria, - - 106 

of sheriffs, for conveying insane 
persons to asylum to Jackson- 
ville, - - - 98 

of eheriffs, for conveying convicts 
to penitentiary, - - 123 

of school directors, - - 129 

of port warden,*, — 158, 159 

of township officer?, - - 47 

Fence viewers. See Township Organi- 
zation. , 
Fines, for trespass on state lands, to be 

paid into treasury, - - 6 

application of such fines, - 6 

for sale of intoxicating drinks, to 
be applied for support of pau- 
pers, - - - 19 

for refusing to pay tolls on plank 
roads, _ _ — 147 

for injuring dykes opposite St. 
Louis, _ _ _ 15] 

incurred in city of Springfield, to 
be paid into city treasury, - 123 

incurred within Belleville, to be 
paid into ciiy treasury, - 156 

incurred within Chicago, to be paid 
into city treasury, — — 156 

to be incurred by auditor, for ille- 
gal issue of bank notes, - 167 

for refusal to perform road labor, 68 
Fire department of Waukegan, members 
of to be exempt from jury ser- 
vice, _ _ _ 124 
Florence, town of, established, - 113 

boundaries of, - - 113 

election for township ofEcers of, 113 
Flink, Josiah H. See Roads, - 176 



Ford, Thomas, appropriatien for building 

a monument to the memory of, 156 

Fulton county, part of an act relative to 

a road in, repealed, - - 177 

board of supervisors of, prohibited 
from vacating a certain road, - 177 



G. 



Gallatin, county of, created, - 

county seat of, established at 
Equality, - - 

election ot county officers of, - 
old justices of the peace in, to con- 
tinue in office, — - 
old sheriffs of Gallatin and Saline 
to collect taxes of, now due, — 
treasurer of, to pay orders issued 
by old counties of Gallatin and 
Saline, _ _ — 
suits to be proceeded with, in cir- 
cuit court of, — — 
to belong to r2th judicial circuit, 
time of holding courts in, - 
public buildings in old counties to 
be sold, - — 
Galena, city of, authorized to sell bridges 
to county, — - 
after sale, bridges to be free, - 
6atton, Benj. H., conveyance of proper- 
ty to, - 
Gardner, Charles, appropriation to, - 
Gaston, S. H. See Versailles, - 
Geological and mineralogical survey. 
See Illinois, - - 
Gibfon, Isaac. See Roads, - - 
Gillespie, Joseph. See Bank of Illinois, 
Glover, Jeptha. See Roads, — - 
Gowan, Thomas. See Roads, - 
Gray, John. See Wet Lands, - 
Grand jury, act for protection of state 
lauds to he given in charge to, 
act prohibiting sale of intoxica- 
ting drinks to be given in charge 
to, - 
not to be summoned for fall terms 
of 9th circuit, - - 
Grant ©f lands to Illinois, by congress, 
accepted, - — — 
Great Western railway, charter of, re- 
pealed, _ _ - 
Greenup, Wm. C. See Roads, - 
Greene county, to share expenses of 
building bridge across Macou 
pin creek, - 
Gross, Alexander P., pre-emption grant- 
ed to, - - - 
Grovendyke, Daniel. See Roads, - 

H. 



- 28 



28 
28 



28 



29 

29 
29 
29 

- £9 

117 
177 

24 
126 

188 

154 
115 
l-.'O 
137 
179 
196 



19 
152 
193 

192 

178 

- 146 

10» 
177 



Harriott, James, election of, as justice, 

confirmed, — - 73 



INDEX. 



[i^ ] 



Hawkins, Baldwin. See Kankakee, 31,33 
Head, William T. See McDonough, - 8 
Henderson, Hugh. See Du Page, - 161 

Henderson, Thomas, See Roads, — 179 

Hickman, Hiram. See Vermilion, - 7y 
See, also. Roads, - - 177 

Hill, Robert. See Kai.kakee, - 32 

Highwai's and bridges, how made and 

repaired, - — - 64 

Homesteads, to be exempt from execu- 
tion, — — - 25 
exemption of, to continue for ben- 
efit of widow and family, - 25 
extent of the exemption of, — 25 
exemption of, not to apply to debt 
for taxes, or purchase money, 
or improvements, — - 26 
when value of exceeds $1000, di- 
vision to be made, and residue 
sold, - - - 26 
when division of cannot be made, 
the whole to be sold and excess 
over SIOOO to be applied to pay- 
ment of debt, - - 26 
Hoffman, John. See Roads, - 178 
Holt, John W. See Roads, - -181 
Howard, Bushrod B., appropriation to, 89 
Hunsaker, John. See Roads, -180 
Hyatt, Henry S. See Roads, - 177 

I. 

Illinois and Michigan Canal, trustees of, 
authorized to receive pay for 
lots in La Salle at reduced 
r;ites, - - 10,11 

penalties for violations of by-laws 
of, how recovered, — — 90 

penalty for injuring locks, tow- 
paths, &c., of, - - 90 

lands, re-appraisement of, in cer- 
tain cases, - — 90 

trustees of, authorized to lease 
water power in Ottawa, - 91 

Illinois Central Railroad Company, char- 
ter of, repealed, — - 192 
Illinois State Hospital for the Insane. 

See Insane, - - 9H 

Illinois, geological and mineralogical 

survey of, - - 154 

stale geologist to be appointed, 154 

state geologist, duty of, - 154 

geologists required to preserve 
specimens, — — 155 

survey of, to be commenced in 
southern part of the state, - 155 

appropriation to geologist, - 155 

Indictment, persons committing trespass 

upon state lands, liable to, - 6 

persons cutting frees on lands of 
individuals or coiporations, lia- 
ble to, - - - 8 

warehousemen and wharfingers, 
in what cases liable to, 9i 10 



Indictment, persons doing injury to ceme- 

taries, liable to, - - 

Institution fur the education of the blind. 

See Blind, - - 

for the education of the deaf and 
dumb. See Deaf and Dumb, - 
Institutions of learning, act of 1849 rel- 
ative to, amended, - - 
Incorporated cities, authorized to change 
and vacate streets, - - 
Indian corn, the bushel to consist of fifty- 
six pounds, - - 
Insane hospital, act relative to, amended, 

special tax for benefit of, increa 
ed, - - 

cost of keeping insrne persons 
to be paid out of fund for the 
insane, _ _ _ 

trustees of hospital for, to finish 
and furnish rooms for patients, 

persons residing within the state 
to be received, — - 

questions of insanity to be deci- 
ded by county courts, - 

proceedings in vacation relative 
to, to be recorded at subsequent 
term, - — 

trustees of hospital for, to give 
notice of |)reparation of build- 
ings for rece()tion of patients, 

married women may be received 
on request of husband, - 

paupers, expense of conveyii g to 
hospital, to be paid by counties, 

persons laboring under contagious 
or infectious disease, not to be 
admitted, - - 

sheriffs may employ assistance for 
conveyance ot, — - 

compensation of sheriffs for con- 
veying, - - - 

paupers, clothing for, to be sup- 
plied by couhtifs, — - 

conservators of, penalty of bonds, 
how fixed, - - 

medical superintendent of, to be 
exempt from jury service, road 
labor and military duty, 

trustees of hospital for, required 
to make bieniiial reports, - 

loan to hospital for, when to be 
made from the treasury, - 

term of trustees of, limited to two 
years, _ _ - 

trustees of, to be appointed by the 
governor, - - 

vacancies in board of trustees, how 
to be filled, - - 

special tax for benefit of, — 

tax, if omitted to be paid, to be 
subsequently collected, - 

trustees of, number reduced to 
seven, - - - 

six thousand dollars appropriated 
to, - 



111 

100 

102 

7 

112 

113 

96 

- 96 

96 
96 
96 
96 

- 97 

97 

98 

98 

98 
98 
98 
98 



99 

99 

99 

100 

100 

100 
101 

101 i 

101 

101 



[ X] 



INDEX. 



Insane hospital, appropriation to be re- 
funded, - - - 102 
Intoxicating drinks, retailing of, prohibi- 
ted, - - - 18 

givingaway, when to be construed 
as selling, - - 19 

penalty for selling or giving away 
to minors, - - 19 

fines for selling, to be recovered 
by indictment, - - 19 

druggists and physicians, not lia- 
ble for selling in good faith, for 
certain purposes, - - 19 

duty of circuit courts relative to 
sale of, - - - 19 

Iroquois, cotmty court of, authorised to 

levy and collect special tax, - 125 

duty of assessor of, - - 125 

manner of collecting special tax 
in, - - - 125 

application of special tax, - 125 

J. 

Jersey county, act establishing, modified, 145 
boundaries of, - - 145 

to share expense of building 
bridge across Macoupin creek, 146 
Jo Daviess, county court of, authorized 
to levy tax to pay interest on 
railroad bonds, - - 110 

county court of, authorized to 
purchase two bridges of the 
city of Galena, - - 117 

Jones, John G. See Roads, - -134 

Jones, Cadwallader. See Roads. - 180 

Justices of the peace, persons acting as 
such in the town of La Salle, to 
remain in office, - - 11 

under township organization to 

be elected once in four years, 38 
under township organization to be 

successors to precinct justices, 38 
an additional one allowed to Pres- 
ton precinct, inRandolph coun- 
ty, - _ _ 162 
an additional one allowed to the 
town of Payson, in Adams coun- 
ty, - - _ 185 
Judicial circuits, twelfth circuit estab- 
lished, - _ - 13 
thirteenth circuit established, - 2t) 
fourteenth circuit established, - 82 
fifteenth circuit established, - 82 
time of holding courts in. See 
Courts. 

K. 

Kankakee, establishment of the county 

of, authorized, - - 30 

boundaries of, defined, - 31 

vote relative to, to be taken, - 31 



Kankakee, majority ofvotersin Will and 

Iroquois, required, - — 31 

special election for county officers 
in, - - - 31 

old justices of the peace in, to 
continue in office, - - 31 

vote to be taken on question of 
township organization, - 32 

county seat of, to be determined 
by vote, - - — 33 

suits now pending in Will and Iro- 
quois, not to be aflfected, - 33 

to be attached to eleventh judicial 
circuit, - - - 34 

records of lands in, to be copied, 34 

L. 

Lake county, towns of, authorized to 

support their own paupers, — 183 
election in relation to support of 

paupers in, - - 183 

overseers of poor in, their duty, 183 
Lands owned by state, penalty for tres- 
pass on, - - - 6 
sale of suspended, - - 23 
resolution relative to, - - 204 
La Salle, town of, created, - - 10 
Laws and journals, act relative to, - 148 
contractors for distributing to have 

20 days to file bonds, - 148 

nine thousand copies of laws to be 

printed, _ _ - 148 

one thousand copies of reports to 

be printed, - - 149 

distribution of, - — 149 

Letters of administration, to be issued by 

county clerks in vacation, — 193 
Licenses, laws authorizing retail of in- 
toxicating drinks, repealed, - 19 
Limitations, act relative to, - - 182 

Liquidation bonds, to be issued to Ma- 

calister & Stebbins,- - 22 

Lockport, school directors in, authorized 

to sell orexchange certain lands, 185 

M. 

Macalisterifc Stebbins, liquidation bonds 
to be delivered to, on the sur- 
render of certain other bondi 
and securities, - - 22 

Mahony, Kean. See Mason county, - 24 
Martin, John. See Roads, - - 181 

Mason county, vote to be taken relative 

to county seat of, - — 23 

McDonough county, assessment of pro- 
perty in, for 1850, legalized, - 8 
McClinton, Samuel. See Roads, -136 

MeKee, Thomas. See Ro;ids, - ]53 

McCutchen, Je«se. See Roads, - 176 

McClintock, Alexander, bee Roads, - 180 
McDanie), James. See Roads. - 181 



INDEX. 



[ xi J 



McGregor, C W. See Barry, 
McNamara, Michael, appropriation to, 
Meadows, Ephraim. See Roads, 
Meacham, E. D. See Oregon, 
Menard, county of, authorized to have 
certain records in Sangamon 
county, transcribed, - 

certified copies of transcripts to 
be evidence, - — 

Mendon,town of, created, - - 

boundaries of, - IH. 

election of otficers in — — 

Milian, Martin. See Roads, - 

Moore, Josiah. See Ro^ds. - - 

Montague, James M. See Roads. - 
Moderator. See Township Organiza- 
tion. 
Monroe county, county court of, author- 
ized to borrow money, — 
application of money borrowed, 
to levy and collect special tax, — 
application of tax, - - 
assessment of taxes in, for 1850, 
Murphy, Richard G. See Roads, 

N. 



186 
191 

132 



- 80 

81 
117 
118 
118 

95 
17H 
137 



84 
84 
85 
85 
126 
137 



PAGE. 



Names of towns. See Township Or- 
ganization. 
Newton, Henry. See Roads, - 115 

Nesbet, Robert. See Roads, - 180 

Nilson, Robert, pre-emption granted to, 181 
Nilson John, pre emption granted to, - 181 



0. 



Oregon county, formation of, authorized, 131 
boundaries of, - - 131 

vote for and against to be taken, 131 
return of vote, - - 131 

election for justices and consta- 
bles in, - - - 132 
election for county officers in, - 132 
return and canvass of votes, - 132 
writs and indictments pending to 
be tried in same manner as here- 
tofore, - - - 132 
justices and constables heretofore 

elected to remain in office, - 133 
county seat of, how located, - 133 
erection of public buildings for, 134 
Overseers of highways. See Township 

Organization. 
Overseers of the poor. See Township 
Organization. 



P. 



Paupers, in Lake county, to be supported 
by the towns in which they 
rfside, _ _ — 183 

Payson, an additional justice and consta- 
ble allowed to, - - 185 



- 178 

aond 

- 182 
lable 

- 79 



80 
90 



Patterson, Thomas. See Road. j 
Parks, Samuel B., proceedings vi 

of, delayed, - 

Pekin, election of justice and cr. 

in, legalizt-d, - 

Peoria, E. G. Sanger authorized to col- 
lect taxes of the countv ^i. for 
1847. 1849, and 1850, ' - 106 

Pennoyer, Hiram. See Roads, -180 

Penitentiary, lease of to S. A. Buckmas- 

ter, extended, - - 13 

inspectors of, to settle witii lessee 
for improvements, - — 25 

improvements in, authoriz' '. - 25 

guards of, exempt from road labor, 25 

fees allowed to sheiiHs for con- 
veying convicts to, — - 123 
Penally, clerks of circuit courts liable 
to, for failing to perform duty 
as recorders, — — 

for injuring locks, tow-paths and 
banks of canal, - - 

for injury to cemetaries, — HI 

for refusing to pay tolls on plank 
roads, - - - 147 

for injuring dykes opposite to St. 
Louis, - - - 151 

to be incurred by auditor for ille- 
gal issue of bank notes, — 167 

to be incurred by relatives of pau- 
pers in Tazewell county in cer- 
tain cases, - - 19^ 

to be incurred by township offi- 
cers. See Township Organiza- 
tion. 
Piko county, sale of parks and squares 
in the town of Barry in, author- 
ized, - - - 186 

Plank road, Chicago South-wfstern, 
doings of county court relative 
to, confirmed, 

moneys of, only to be paid on or- 
der of president, countersigned 
by secretary, — — 

Plank roads, acts amendatory of general 
law of 1849, relative to tho con- 
struction of, - 'I, 15,146 
Plank road companies, liability of stock- 
holders in, limited, - U 

may acquire bonds, — - 15 

power of, to enter upon and occu- 
py lands, - 15,16 

may remove fences, — — lo 

required to cause survey? to be 
made, - - - 16 

disputes with, relative to track or 
location, how settled. - 16 

on the expiration of charters of, 
value of superstructure to be 
appraised, — ^6, 17 

penalties to be recovered by, for 
injuries to road, — — 17 

damages to be recovered by, in 
action of debt. - - 17 

suits to be brought in name of, - 18 



- 87 



87 



[ ^ii ] 



INDEX. 



Plank road companies, not required to 
construct track more thau eight 
feet wide, - - 146 

required to construct only part of 
road as contemplated by articles 
of association, - - 146 

may cause unfinished portion of 
road to be vacated, - - 146 

xnay recover penalty for refusal to 
pay tolls on load, - - 147 

fine' recovered by, how disposed 
of, - - - 147 

may cause rival road, within cer- 
tain distance, to be vacated, - 147 

shares in, deemed personal pro- 
perty, - - - 147 

shares in, may be assigned, - J47 

Port wardens, circuit court ol Cook 

county authorized to ap[)oiiit, 15G 

to continue in office four years, - 156 

to take oath, - - 157 

duties of, - - - 157 

to give bond, - - 158 

to keep record, - 158, 159 

fees of, - - - 159 

reduction of fees of, how raade^ 159 
Pound masters. See Township Organi- 
zation, 
Pre-eraption, granted to Robert Stevens, 87 

granted to Daniel H. Brush and A. 
Gross, _ _ _ 105 

granted to Christopher C. Ven- 
num, - - - 181 

granted to Robert Nilson, - 181 

granted to John Nilson, - 181 

Preston, precmct of, additional consta- 
ble authorized in. See Ran- 
dolph, - - - 162 
Public printing, act of February 8, 1849, 

relative to, amended, — 149 

secretary of state to advertise for 
proposals for, in May, bienni- 
ally, - - - 149 

what to be included in proposals 
for, - _ - 149 

Public printer, to deliver documents to 

secretary of state. - -200 

Public road-i. See Roads. 
Putnam, addition to county of, author- 
ized, - - - 111 

question of addition to, to be de- 
termined by vote of La Salle 
and Putnam, - - 111 

majority for addition to, requir- 
ed in both counties, — 112 

county court of, authorized to 
cause index of records to be 
made, _ — _ 130 

Q- 

Quincy House, sale of, confirmed, - 22 

Quincy, assessor of, to assess state taxes, 121 



Quincy, collector, to collect state taxes, 121 
city of, exempt from lown^hip 

organization, — - 121 

city ot, authorized to levy and as- 
sess a special tax, - — 144 
tax to be applied to payment of 
interest on bonds issued for 
railroad purposes, - - 145 



R. 

Randolph county, additional constable 
auttiorized for Presrton pre- 
cinct ill, — — - 152 
Railroad corporations, act relative to, 
approved November 6, 1849, 
amended, - — 10.) 
(ax may be levied by county court 
of Jo Daviess to pay interest 
on bonds, - - 110 
Ravenscraft, A D. See Versailles, - 188 
Read, Maro M. L., appropriation to, 127,138 
Reddick, Cleon. See Roads, - 139 
Reese, James H. See Wet Laiids, — 195 
Record, in Schuyler county, compensa- 
tion of commissioner fixed, - 18 
clerk failing to perform duty in 

respect to, to incur penally, - 80 
in Carroll and Putnam, inoexesto 
be made, — - 130 

Redemption of forleited lands, county 
clerk of St. Clair may receive 
money for, — - 153 

Release of Cairo Ciiy and Canal compa- 
ny, accepted, - - 192 
Replevin, when goods and chattels not 
to be found, defendant to be 
summoned, - - 107 
declaration in such case, to be in 

trover, — _ — 107 

value of property recoverable in 
action of, - - 107 

Reports of supreme court, to ^e distrib 

uted with laws and journals, - 148 
legislative, number of, to be print- 
ed, - - - 149 
Revenue, bills of old state bank to be 

received for, — — 120 

act to enable fuditorto collect, 139 
auditor to be notified of sale of 

real estate, - - 139 

auditor may purchase land for 

state, - - - 140 

property so purchased may be 

redeemed, - - 140 

redemption money to be paid into 

state treasury, - - 140 

if not redeemed, auditor to ob- 
tain deed, - - 140 
auditor to record deed, — 140 
auditor may sell and convey such 
property, - - 140 



INDEX. 



[ -iii ] 



Revenue, suits for, to be prosecuted by 
state's attorneys when required 
by auditor, - - 

fees ol state's attorney, - 

■' baciv taxes, tiow collected, - 

deeds to state, to be made by 
si'.eritr or collector, - 

intere>t, in what cases remitted to 
collectors, - - 

commissions allowed to collect- 



assessment of, under township or- 
jianization, — - 

collection of, under township or- 
ganization, - 53,58 

jurisdiction of county judge rela- 
tive to, - - - 77 
Resolution^', joint, relative to postage, 203 

in favor of granting lands to land- 
less heads of families, - 203 

in tavor ot a stage route from New 
Harmony to Chester, - 204 

directing the auditor to withhold 
certain lands fiom sale, -204 

in favor of a grant of land in aid 
of the Alton and Mt. Carmel 
and Northern Cross railroads, 204 

in favor of amending the bounty 
land law, — - 205 

rescinding the Wilmot proviso in- 
structions, - - 205 

in reference to the improvement 
of the Kaskaskia river, - 207 

in reference to pre-emption rights 
on the Ime of the Central rail- 
road and branches, - - 207 
Revised Statutes, distribution of surplus 
copies of, to members of general 
assembly, - - 6 

distribution of, by members of 
general assembly, - - 6 

chapter 104, entitled " Trespass," 
amended, - - 7 

chapter 87. entitled " Records and 
' ■ Recorders," amended, - 80 

chapter 15, entitled " Corpora- 
tions," amended, - - 85 

chapter 88, entitled " Replevin," 
•'' amended, - - 106 

chapter 39, entitled " Estrays," 
amended, - - 1 16 

chapter 24, entitled " Conveyan- 
ces," amended, - - 122 

chapter 81, entitled " Penitentia- 
ry," amended, - - 123 

chapter 4, entitled "Aliens," 
amended, - - 149 

chapter 9, entitled " Attachments 
in circuit courts," amended, - 160 

chapter 6, entitled "Limita- 
tions," amended, - - 182 

chapter 8, entitled " Attachments 
before justices," amended, - 195 
Right of way, in a certain case extended, 125 



Richard, Edmund. See Roads. 

Riley, Joseph. See Wabash River, -103 

Roads, general law relative to, amended, 184 

sufiervisors of,may work less than 
ten hands, — — 184 

compensation of supervisors of, - 184 

laws rela'ive to, to be publisiied, 184 

manner of working under town- 
ship organization, — — 64 

county courts to have the super- 
vision and control of, whether 
counties are organized under 
township organization or not, - 179 
Roads, state, from Springfield to Beards- 
town, relocated, - - 91 

from a certain point in Macoupin 
county to intersect the Varuialia 
road at or near Wemple's lane, 95 

Irom Brooklyn, in Massac county, 
to Frankfort, in Jranklin co. - 114 

from Lima, in Adiims county, to 
Warsaw, in Hancock county, - 114 

from Waverly, in Morgan county, 
to Carrollton, in Greene county, 115 

from Vandalia to Greenville, - 126 

from Chester, in Randolph county, 
to Troy, in Madison county, - 134 

from Belleville to Brownsville, re- 
located, - - - 136 

from the ford where the road from 
Pinckneyvilleto Liberty crosses 
Pipestone creek, to Teacup 
knob, located, — - 137 

part of, running from Mulkytown 
to Chester, changed, - 137 

from Petersburg to Macomb, that 
part of between Vermont and 
Macomb, vacated, - — 138 

part of same, relocated, - I.38 

from Rushville to Greenbush, es- 
tablished, - - 151 

from Farmingfon to Monmouth, 
part of relocated, — — 153 

from Canton to Knoxville, — 176 

from Canton to Ellisville, - 176 

from Algonquin, in McITenry 
county, to John Gage's house, 
in Lake county, - - 176 

from Canton to the mouth of Cop- 
peras creek, located, - 177 

from Urbanna to the Indiana line, 
located, - - - 177 

from the north line of Massac 

county to the town of La Salle, 

relocated on or near the third 

principal meridian, — — 178 

from Astoria to Rushville, located, 179 

from Albion to New Massillon, 

located, - - - 180 

from Meredosia to Warsaw, loca- 
ted, - - - 180 
from Sparta to Cairo, located, - 180 
from Palestine to LawreDceville, 
part of changed, - - 181 



[ xiv ] 



INDEX. 



Roads. Si (; Plank Roads. 
Ryle, Wiiliam. See Roads,- 

s. 



139 



Salines, c .ntracts of commissioners of, 

leuilized, - - 94 

Salisbury, ijwn of, divided, - - 11 

Sangamon cuunty, sheriff of, to pay cer- 
iMin tines to treasurer of Spring- 
field, - - - 123 
Sanger, E, G., to collect taxes in Peoria 

(or '47, '48 and '49, - 106 

may obtt in judgm't on delinquent 
lands and lots, — - 106 

title 10 lands and lots sold by, - lOt) 

fe<2S of, - - - 106 

School funds, comoiissioner of Cumber- 
land to apportion interest for 
1S50 and 1851, - - 99 

School tovviishipin Carroll county, addi- 
tion to, - - - 124 
School directors, in Lockport, authorized 
■ sell or exchange certain 
lands, _ — _ 185 
Schools, lomiuon, act of 1849, to estab- 
lish and maintain, amended, - 127 

tax Inr certain purposes of, to be 
1 vied by majority of votes at 
district meeting, - - 127 

twenty days' notice of meeting re- 
qnired, _ _ _ 128 

rate of tax for building school 
houses, _ — — 128 

written consent not necessary to 
enable children to attend s«hool 
on; ot.their own district, - 128 

certificates of qualification to teach 
to be issued only by school 
commissioners, — — 128 

mo ie of examining teachers, - 1:28 

directors of, to be a body corpo- 
rate, - - - 128 

district collectors, to be elected, 128 

wafi;es of teachers, how to be col- 
lected, - - - 129 

collector to give bond, - 129 

fees of collector, - - 129 

officers, neglecting duty, liable to 
penalty, - - - 129 

money not to be paid on schedules 
unless properly certified, —129 

part of sec. 84, act of Feb. 12, 
1S49, repealed, - - 129 

lands, in what case to be resold,— 130 

property of non-residents, subject 
to taxation, - - 130 

persona whose residence is tempo- 
rary, not entitled to vote at 
school meetings, - - 130 

Schuyler county, acts of justices of the 

peace in, legalized, - - 85 

compensation of commissioners 
for copying records, - 18 



Schuyler county, assessment and collec- 
tions in, for 1850, leti;alized, - 10 
Scott, John. See Oregon, - - 132 

Secretary of state, to distribute surplus 

copies of Revised statutes, - 6 
to transmit copies of act creating 

r2ih judicial circuit, - 14 

to transmit copies of act creating 

1 3lh circuit, - 20,22 

to transmit copy of act creating 

county of Kankakee, - 35 

to transmit copies of act establish- 
ing 14th and 15th circuits, - 82 
to transmit copies of act changing 

time of courts in 2d circuit, - 93 
to transmit copies of act changing 

time of courts in 4th circuit, - 110 
to furnish clerk of Will county 
with copy of act creating towns 
of Florence and Wesley, - 114 

to transmit copies of act to add 

part of Christian to Shelby, - 118 
to transmit copy of act authoriz- 
ing Iroquois county to levy tax, 125 
to transmit copies of acts relative 
to commissioners of deeds in 
other states, - - 144 

to prepare forms and instructions 
for commissioners of deeds 
hereafter to be appointed, - 144 
to distribute reports of supreme 

court, _ _ _ 148 

to advertise for proposals for pub- 
lic printing, - - 149 
to publish road laws, - - 184 
to distribute act relative to town- 
ship organization, - - 78 
Seminaries of learning. See Academies. 
Stielby county, part of Christian to be 

attached to, - - 118 

Sheriffs, fees allowed to, for conveying 

convicts to penitentiary, - 123 

lees of, for conveying insane per- 
sons to the asylum at Jackson- 
ville, - - - 98 
duty of. See Township Organi- 
zation. 
Shope, Simon P. See Roads, - 178 
Sherman Alson S. See Wet Lands, - 19ii 
Sides, John. See Versailles, - 188 
Springfield, city of, to receive fines for 
offences committed within the 
limits of, - - 123 
Smith, Henry. See Wet Lands, - 195 
Smith, Anson. See Roads, - - 176 
Snapp, Franklin. See Roads, - 151 
Snow, George W. See Wet Lands, -195 
State lands, trespass on, to be punished 

by fines, - - - 6 

sale of, suspended, - - 23 

resolution relative to, - 204 

State house, appropriation for comple- 
tion of, - - - 200 
State taxes in Quincy, to be assessed by 

city assessor, - - 121 



INDEX. 



[ XV] 



State taxes.in Quincy, to be collected by 

city collector, - - 121 

State treasury, act respecting the pay- 
ment of money out of, - 161 
State bank, bills of old state bank to be 

received as reTenue, 119,120 

to be cancelled, - - 120 

State roads. See Roads. 
State stocks, to be deposited with audi- 
tor as security of banks, - 163 
State's attorney, election and duty of, in 

twelfth circuit, - - 14 

election and duty of, in thirteenth 

circuit, - - - 21 

election and duty of, in eleventh 
circuit, - - 21,160 

St. Louis, city of, additional time allow- 
ed for finishing dykes in Illi- 
nois for protection ot harbor, - 150 
Standard, Thomas. See Roads, - 176 

Steel, George. See Wet Lands, - 196 

Stewart, Hart L. See Wet Lands, -196 

St. Clair, county of, authorized to bor- 
row money, - - 12 
county clerk of, to receive re- 
demption money on forfeited 
lands, ... 153 
Suits between towns, how tried, - 47 
Supreme court, provision to increase li- 
braries of, - - 12 
reports of, to be distributed with 

laws, journals, &c., - 148 

authorized to enter judgments in 
vacation, - - - 153 

Supervisors. See Township Organization. 
Sureties of collectors, to consent to ex- 
tension of time for collectors, 7 
Survey, geological and mineralogical. 

See Illinois. - - 154 



T. 



Taxes, E. G. Sanger, to collect, for Peo- 
ria, for 1847, 1818 and 1849, 106 

state, in Quincy, to be assessed by 
city assessor, - - 121 

state, in Quincy, to be collected 
by city collector, - - 121 

special, county of Iroquois author- 
ized to levy and collect, - 125 

assessment of, in Monroe county, 
for 1850,legalized, - - 126 

assessment of, under township or- 
ganization, - 54,55,56,58 

Tazewell, supervisors of, authorized to 
levy and collect a special tax to 
build a jail, - - 24 

towns of, required to support their 
own paupers, - - 195 

Thbmpson, Benasser. See Roads, - 114 
Township organization, time for collect- 
ing revenue ia counties acting 
under, extended, - - 7 



Township organization, proceedings for 

the setting aside of, 135,78 

bow adopted, - - 35 

when to be voted on, - - 35 

returns oi votes relative to, - 35 
majority of legal voters required to 

adopt, - _ _ 35 
when to take efTect, - -35 
when adopted, county to be divi- 
ded into towns, - — 36 
manner ol creating towns? - 36 
names and boundaries of towns to 

be returned to auditor, _ 36 

change of names, when to be made, j7 
recoi d of names and boundaries to 

be made by auditor, _ 37 
rights, powers and liabilities of 

townsj - - - 37 

prohibition of power to towns, - 37 
suits against towns, how to be 

brought, - _ - 37 
conveyance of lands for use of in- 
habitants of towns, _ 37 
town meetings, when to be held, 38 
notice of town meetings, - 38 
town officers to be chosen, — c8 
enumeration of town officers, -. iS 
justices ot the peace and consta- 
bles to be elected only once in 
four years, except to fill vacan. 
cies, - - _ 38 
justices of the peace to be succes- 
sors to precinct justices, - 38 
assessors and commissioners of 

highways to be fence viewers, 38 
powers of voters at town meet- 
ings, - - 38,39 
special town meetings, when to be 

held, - _ _ 39 
mode of conducting town meet- 
ings, - - _ 39 
who to be clerk of town meeting, 39 
tune of keeping open town meet- 
ings, - _ _ 40 
motions at town meetings, how 

decided, - _ - 40 
in case of challenge, oath to be ad - 

ministered, — - 40 

qualification of voters, _ 40 

minutes ot proceedings to be kept, 40 

mode of opening town meetings, 40 

manner of votmg, - - 40 

canvass of votes, - - 41 

manner of making canvass, _ 41 

double votes to be destroyed, - 41 

result of vote to be recorded, - 41 

notice to persons elected, - 41 

qualifications for office, - 41 

oath ot office to be taken, - 41 

effect of failure to take oath, - 42 
acceptance of office to be signified 

by written notice, - _ 42 



[ xvi ] 



INDEX. 



Township organization, collector to file 
bond within eight days, 

bond of collector to be lien on real 
estate, — - 

constable to take oath and file 
bond, _ _ — 

cor-iditions of constable's bond, — 

limitation of actions on constable's 
bond?, - - 

effect of failure of collectors and 
constables to take oath and file 
bond, _ _ _ 

penalty for refusing to serve as 
town officers, - - 

penalty for acting before taking 
oath, _ _ _ 

tenure of town offices, — 

vacancies in town offices, how 
filled, 

resignations of town officers, by 
whom accepted, - 

duty of moderator at town meet- 
ings, _ - _ 

disorderly persons at town meet- 
ings, how dealt with, - 

moderator to be fined for expesing 
ballots, _ - - 

moderator to take oath, — 

supervisors to give bond, — 

duty of supervisors, - - 

penalty for neglect of duty, - 

duty of town clerk, - 

clerk to incur penalty for omis- 
sion of duty, - - 

board of auditors, of whom com- 
posed, . _ _ 

time of meeting of board of audi- 
tors, - - - 

duty of board of auditors, 

fees of town officers, - 

suits between towns, how tried, - 

suits, how brought, 

process to be served on superviJ 
sors, _ - - 

inhabitants of a town interested 
in a suit may be jurors and wit 
nesses, 

suits in favor of towns, manner of 
bringing, - 

suits (or trespass on town lands, - 

power of courts to partition town 
lands, 

costs in suits by, or against towns, 
how recovered, 

pounds may be erected, 

pounds may be discontinued, 

town charges, what to be deemed, 
books to be delivered by town of- 
ficers to their successors, 
personb elected to demand books, 
town officers going out of office to 
deliver over books, on oath, . 



- 42 



- 42 



- 43 



43 

43 

43 
43 

- 43 

y 

- 44 

44 

44 

44 
44 
45 
45 
45 
46 

46 

46 

46 
46 

47 
47 
47 

47 

- 47 

48 
48 

- 48 

49 
49 
49 
49 

49 
49 

50 



Township organization, executors and 
administrators of deceased town 
officers to surrender books on 
oath, - - - 50 

counties, their powers a8 corpo- 
rate bodies, - - 50 

restriction of power to counties, 50 

proceedings by, or against a coun- 
ty to be in the name of board of 
supervisors, - - 50 

powers of counties, how exerci- 
sed, - - - 50 

supervisors to meet annually, - 51 

time and place of meeting of su- 
pervisors, - - - 51 

board of supervisors, how organ- 
ized, - - - 51 

power of board of supervisors, 51, 52 

duty of clerk to deliver certified 
copies of accounts, - - 52 

books and records of supervisors 
to be kept open for examina- 
tion, - - - 52 

court-houses to be buiit and re- 
paired, - - - 52 

bo::rd of supervisors to take 
charge of paupers, - - 52 

compensation ot supervisors, - 52 

penalty to be incurred by supervi- 
sors for neglect of duty, - 52 

county treasurers to file accept- 
ance of office and give bond, - 53 

bond of treasurer to be recorded, 53 

copy of treasurer's bond to be sent 
to auditor, - - 53 

treasurer's bond to be lien on real 
estate, - - - 53 

duties of county treasurers, - 53 

treasurer to collect delinquent tax 
list, - - - 53 

fees allowed to treasurers for col- 
lection of delinquent list, - 53 

treasurer to surrender books to 
successor, - - 54 

penalty for refusal to surrender 
books, - - - 54 

fees of treasurer, - - 54 

bond of treasurer to be prosecuted 
on his failure to pay over reve- 
nue, - - - 64 
appropriation of money recover- 
ed in suit against treasurer, - 54 
assessment of property, where to 
be made, - - - 54 

property of non-residents, how 
assessed, - - - 55 

real estate ot incorporated compa- 
nies, where to be assessed, - 55 
assessor's books to be prepared by 

clerk of county court, - 55 

books to be prepared by May 1, 
annually, - . - 5& 



INDEX. 



[ xvii ] 



To 



wnship organization, expense of books 
to be paid out of comity treas- 
. ury, - - - 55 

time of assessment, - - 55 

manner of assessment, - 55 

when assessment to be completed, 55 
trustees, jjuardians, executors and 
administrators to be assessed in 
their representative character, 55 
assessor to give notice of review 

and correction of assessment, - 56 
mode ol reviewin^^ assessment, - 56 
certificate o( assessor to be at- 
tached to corrected assessment, 56 
assessors to observe instructions 
and use forms furuished by au- 
ditor, - . .56 
assessor to list lands and lots in 

numerical order, - . 56 

assessment roll, when to be return- 

eil, - - - 56 

county clerk to compare ass^ss- 
ii.ent rolls with list in his office 
and make correction, - 57 

county clerk to make copies of as- 
sessment rolls, - - 57 
fees of clerk for copies, - 57 
assessor to incur penalty for neg- 
lect of duty, 1 . 57 
equaliza'ion of a?se8Sfnent= to he 

made by board of supervisors, - 57 
rate of assessment for county pur- 
pose-^, to be fixed by board of 
supervisors, . . 57 

manrjer of preparing assessment 

roll for collector, - - 58 

assessment roll, when to be deliv- 
ered to collector. - - 58 
warrant to be attached to assess- 
ment roll, - . - 58 
tenor of warrant, - - 58 
authority to be conferred by war- 
rant, . . .59 
account of assessment mils to be 

delivered to treasurer, - 09 

collectors, their duties, - 59 

collector to proceed by distress in | 

case of refusal to pay tax, - 59 | 

notice of sale of property to be i 

given, - . - 59! 

surplus proceeds of sale to be re- J 

turned to possessor of proper- j 
ty^ - - 59, 60j 

proceedings to be taken in case of i 
removal of peison owing tax, - 60 
when collector to pay over mo- 
neys collected by him, - 60 
surplus town revenue, how dis- 
posed of, - . . 60 
fax may be paid on part or undi- 
vided share of lot or tract, - 60 
delinquent list to be returned to 

county treasurer, - - 61 

vacancy in office of town collec- 
tor, how filled, - - 61 

15 



PAGE. 

Township organization, when collector 
neglects to pay over, county 
treasurer to issue warrant, - 62 
sheriff to execute such warrant, - 62 
l)onds of defaulting collectors to 

be sued, - . .63 

sheritf to be liable lor debt, ir. case 

of neglect to execute warrant, 63 
in case of failure to collect, treas- 
urer to give notice to auditor, - 63 
auditor to cause sua to be brought 

on sheriff's bond, - 63 

collector, tui payment, to receive 

satisfaction in writiig, . 63 

satisfaction to berecorded, - fi."^ 

collector's fees, . - 64 

commissioners of high\Nay?, their 

[lowers and dulie-, - 61 ('5 

overseers of highways, their du- 
ties, 
tools for working on roads, to be 

procured, - 
vac.mcy in office of over.-eer, how 

to be filled, 
overseers ol liii;hways to incur 
penalty for neglect of duty, - 
commi-smneis of high ways, when 
to meet, - . . 

assessment of road labor, how to 
be made, - - , 

liersoiis liable to perforin road la 
bor, - . . 

leal estate subject to assessment, 
iinii,ber ol days road labor to be 
placed opposite each peisoi.'s 
name on assessment roll, - (;6 

town clerk to make copy of as- 

ses'nipnf list, - " - 66 

names of pers.Mi> oinitteil from list 

to be added, - - 67 

credit for work on private roads 

in certain cases, to be given, - 67 
notice of assessment on real es- 
tate to bf posted by clerk, - 67 
overseers to give notice of the time 

and place of road labor, . 67 

ro;id labor may be commuted, - 67 
commutation money, when to be 

paid, - - .68 

team" may be required by over- 

'■'■". ' - - - 68 

persons owins: road labor may 

employ substitutes, - ". 6? 

eight hours to constitute a day's 

work, - . . 6s 

penalty for idleness, - . 68 

penalty for neglect or refusal to 

work, - - .68 

overseer to make complaint of 
persons neglecting or refusing 
to work, - - - 68 

justice of the peace to issue sum- 
mons on such complaint, - 69 
proceedings on return of summons, 69 
applieation of penalty, . 69 



65 

65 

65 

6f; 

66 

66 

6(> 
66 



[ xviii ] 



INDEX. 



Township organization, penalty to be ap- 

[iUkA oil assessment, - 69 

coin|)eii3ation of overseers, - 69 

tax on land may be paid in labor, (i9 

payment of tax to be noted by 
orerseer, - - - 69 

• verseer to make return lo super- 
visor, - - 70 

ove seer to incur penalty for neg- 
lect to make return, - - 70 

supervisor to lay return before 
board of supervisors, - 70 

duty of board of supervisors rela- 
tive to returns, - - 70 

road labor, when to be performed, 70 

overseer, when to make returns, - 70 

character of returns, - 70, 71 

overseer to pay aver moneys to 
road commissioners, - 71 

penalty for refusal to pay over 
money, - - - 71 

commissioners of highways may 
alter or discontinue loads, - 71 

petition for alteration or discon- 
tinuance of roads, - - 71 

proceedings of commissioners on 
petition, - 71, 72 

survey of road, when laid out or 
change lo be made, - - 72 

clerk to file order for laying out or 
changing roads, - - 72 

damages occasioned by laying out 
or changing roads, - - 72 

in assessing damages, benefits de- 
rived from change, or new road 
to be considered, - . - 73 

damages, when not to be allowed, 73 

appeals may be taken from decis- 
ions of commissioners relative 
to damages, - - 73 

mode of taking appeals, - 73 

proceedings of supervisors on ap- 
peals, - - - 73 

notice to be given of hearing ap- 
peal, - - - 73 

trial of appeal, - - 73 

compensation of supervisors for 
hearing and deciding appeal, - 74 

appeal from commissioners on le- 
tusal to change or lay out road, 74 

duty of supervisors on such ap- 
peal, - - - 74 

proceedings when any of supervi- 
sors cannot attend, - - 74 

dttnages, when finally settled, 
how paid, - - - 75 

proceedings when damages fixed 
by supervisors are fixed too 
high, - - - 75 

proceedings when commissioners 
of different towns disagree, - 75 

discontinuance or alteration of 
reads on town lines, how effect- 
ed, - - - 7G 



Township organization, roads on town 

lines to be divided into districts, 76 

allotment of such districts and 
roads, - - - 76 

when roads are laid out through 
enclosed fields, time to be given 
for removal of fences, 76, 77 

j)ublic roads now existing to be 
public highways of towns, - 76 

private roads, how laid out, - 76 

width of roads, - - 77 

use of private, - - 77 

commissioners to have no power 
to alter state roads, - - 77 

towns to be election precincts, - 77 

county judge to have jurisdiction 
of suits brought by collectors, - 77 

each ward in Chicago to elect a 
supervisor, - - 77 

election of county officers in coun- 
ties h;.ving ad opted township or- 
ganization, - - 78 

secretary oS state to distribute 
three thousand copies of town- 
ship law, - - - 78 

rights and liabilities under former 
act not to be aflected, • 78 

application of the provisions of 
act to counties and townships 
heretofore organized, - 78 

Town meetings. See Township Organ- 
ization, i 
Town cleiks. See Township Organiza- ' 

tion. 
Town officers, election of, - - 3$ 

Travellers, not liable to indictment for 
cutting trees or saplings for pur- 
poses of encampment and build- 
ing camp fires, - - 8 
Treasurers, office of, to be deemed vacant 

on faiinre to give bond, - 15 

county, to be elected biennially, - 144 

duties of, under township organi- 
zation, - - - 53 
Treasury, act relating to payment of mo- 
ney out of, - - lei 
Trespass on state lands by cut'ing trees, 

punishable by fine, - - 6 

on lands of persons or corpora- 
tions by cutting trees, to be 
deemed a misdem3anor, - 7 

penalty for cutting trepa, &.C., - 8 

u. 

Union of the states, resolutions relative 

to, - . 20.5,206 

V. 

Vacancies, in town offices, how filled, - 43 
Vasseur, Noel. See Kankakee, 31,33 

Vennum, Christopher C, preemption 

granted to, - - 181 



INDEX. 



[ xix ] 



Vermilion, county court of, authorized 
to audit account of Hiram Hick- 
man, - - - 79 
may avoid township organization, 13o 
Veriailles, public square in the town of, 

authorized to be sold, - 188 

mode of sale of public square in, 189 

w. 

Wabash nver, vacancies in board for im- 
provement of, fill d, - - 103 

levee on banks of, to be extended, 103 

boundaries of territory enlarged, 103 

acts of board of commissioners 
confirmed, - - 104 

Warehousemen, wharfingers and otiiers 
prohibited from issuing receipts 
and vouchers, for goods not in 
store and subject to their con- 
trol, - - - 9 

not to issue receipts as security 
for goods of which they are not 
owners, - - - 9 

not to issue second receipt while 
first is outstanding, - - 9 

transfer of goods by, prohibited 
without consent of person hold- 
ing receipt, - - 9 

subject to fine and imprisonment 
in the penitentiary for violating 
provisions of act, - 9, 10 

iVaultegan, town of, to elect three con- 
stables, - - - 117 

fire department of, exempt from 
jury service, - - 124 



Waters, Geo. W. See Roads, - 114 

Wallace, Alfred. See Roads, - 179 

Weights and measures, act relative to, - il2 
weight of Indian corn to the bush- 
el, - . . 112 
weight of castor beans to the bush- 
el, - - - 194 
Weston, Stephen L. See Roads, -116 
Wesley, town of, established, - J 13 
boundaries of, - - 113 
election for officers of, - 113 
Wett Point, addition to the town of, - 187 
justices of the peace in, - 188 
Wet lands about Chicago, drainage 

of, - - 195, 196, 197 

Whaley, William. See III. and Mich. 

Canal, - . - 10 

White county, collector of, to collect 
delinquent taxes for 1846 and 
1847, - - -191 

county court of, to receive delin- 
quent list from collector, - 192 
collector of, released from penalty, 192 
Will county,towiisofFlorence and Wes- 
ley, established in, - - 118 
school directors of Lockport in, 
authorized to sell or exchange 
certain lands, - - 18.') 
Williams, John, appropriation to, 127, 138 
Wilson, John A. See Roads, -134 
Wyatt, Benjamin. See Roads, - 178 

Y. 

Young, Richard W., appropriation to, -161