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LAWS
/ 7
OF THE
STATE OF ILLINOIS,
PASSED BY THE
FIFTEENTH GENERAL ASSEMBLY,
THEIR SESSION, BEGUN AND HELD IN THE CITY OF SPRINGFIELD, December 7, 1846.
PUBLISHED IN PURSUANCE OF LAW.
SPRINGFIELD :
CHARLES H. LANPHIER, PUBLIC PRINTER
1847.
L A Yi 5
STATE OF ILLINOIS
AN ACT to apportion the representation in the several counties in this State.
Section 1. Be it enacted by the People of the Slate of Illinois^ represented in the General Assembly, That until the next census, as provided by the constitution, shall have been taken, and an appor- tionment made thereon, the following shall be the ratio of* repre- sentation 1'or this State, viz : That each nineteen thousand white Ratio, inhabitants shall be entitled to one senator, and each six thousand live hundred white inhabitants shall be entitled to one representative, to be apportioned and divided as follows, lo-wit : The county of Ma(Ji Madison one senator and two representatives ; the county of St. st Ciajr# Clair one senator and two representatives ; the counties of Monroe. Monroe, &c. Randolph, and Perry, one senator, and each one representative ; the Montgomery and counties of Montgomery and Bond one senator and each one repre- Bond, sentative; Washington and Clinton one senator and one representa- Washington and tive each 5 the counties of Jackson, Union, Alexander and Pulaski Jackson &c. one senator, Jackson one representative, Union one representative, and Alexander and Pulaski one representative ; the counties of Massac, Pope, Johnson, Williamson, and Franklin one senator, Wassac>&c- Pope and Hardin one representative Franklin one representative, Williamson one representative, and Johnson and Massac one repre- sentative; the counties of Gallatin, White and Hardin one senator, Gallatin, xc. Gallatin one representative, White one representative, and Gallatin and White one representative; the counties of Hamilton, Wayne, Edwards and Wabash one senator, Hamilton one representative, Wayne one representative, Edwards and Wabash one representa- Wayne, &c. tive; the counties of Richland, Lawrence, Crawford and Jasper Rjcnian(i &c. one senator, Richland and Jasper one representative, Crawford one representative, and Lawrence one representative; the counties of ciarkand Edgar. Clark and Edgar one senator, Clark one representative, Edgar one representative, and Clark and Edgar one representative ; the coun- ties of Marion and Jefferson one senator, Marion one representa- ^Ian°n and Jef" tive, Jefferson one representative*; the counties of Shelby, Coles shelby, &c. and Cumberland one senator, Shelby one representative, Coles one representative, and Shelby, Coles and Cumberland tne representa- tive ; the counties of Fa) ette, Eflingham and Clay one senator, Fayette, &c.
APPORTIONMENT.
Lake, &.C. Cook. Will, &C.
Hancock, Ad- ams, &c.
McDonough, &c
Warren, &c.
Fulton.
Pike.J
Macoupin and Jersey.
Greene, &.c. Morgan, &.C. io Daviess, &c.
Ogle, &c. Lee, &c.
Sangamon, Jtc. Moultrie, &c.
M«nard, &c. Tazewell, &c.
La Salle, &c.
Kane and De Kalb.
Peoria, &c
Districts.
■mpiions.
Fayette one representative, and Effingham and Clay one represen- tative ; the counties of Lake and McHenry one senator, Lake one representative, McHenry one representative, and Lake and Mc- Henry one representative together ; the county of Cook one senator and four representatives ; the counties of DuPage, Will and Iroquois one senator, DuPage one representative, Will two repre- sentatives, and Will and Iroquois one representative ; the county of Hancock one senator and four representatives ; the counties of Adams and Marquette one senator, Adams two representatives, and Marquette one representative ; the counties of McDonough, Schuy- ler and Brown one senator, McDonough one representative, Schuy- ler one representative, and Brown one representative; the counties of Warren, Henderson and Knox one senator, Knox and Warren one representative, Warren and Henderson one representative, and Knox one representative ; the county of Fulton one senator and two representatives ; the county of Pike one senator and two rep- resentatives ; the counties of Macoupin and Jersey one senator, Macoupin one representative, and Jersey one representative ; the counties of Greene, Scott and Calhoun one senator, Scott one rep- resentative, Greene one representative, and Greene and Calhoun one representative ; the counties of Morgan, Cass and Mason one senator, Morgan three representatives, Cass one representative, and Mason one representative ; the counties of Jo Daviess, Stephenson and Carroll one senator, Jo Daviess two representatives, Jo Daviess, Stephenson and Carroll one representative, and Stephenson one representative ; the counties of Ogle, Winnebago and Boone one senator, Ogle one representative, Winnebago one representative, and Boone one representative ; the counties of Lee, Whiteside, Rock Island, Henry and Mercer one senator, Lee and Whiteside one representative, Rock Island, Henry and Mercer two represen- tatives ; the counties of Sangamon and Christian one senator, to be chosen from Sangamon, Sangamon three representatives, and Christian one representative ; the counties of Moultrie, Macon, Piatt, Champaign and Vermilion one senator, Moultrie, Macon and Piatt one representative, Vermilion one representative, and Ver- milion and Champaign one representative ; the counties of Menard, Logan, De Witt and McLean one senator, Menard, Logan and De Witt two representatives, and McLean one representative ; the counties of Tazewell, Wroodford, Marshall and Putnam one senator, Tazewell one representative, Tazewell and Woodford one repre- sentative, and Marshall and Putnam one representative ; the coun- ties of LaSalle, Livingston, Kendall and Grundy one senator, La- Salle one representative, LaSalle and Livingston one representative, Kendall and Grundy one representative ; the counties of Kane and DeKalb one senator and two representatives ; the counties of Peoria, Stark and Bureau one senator, Peoria one representative, Stark and Bureau one representative, and Peoria, Stark and Bureau one representative.
Sec. 2. Whenever, in the preceding section, two or more coun- ties are joined together for the purpose of electing representatives or senator, they shall form, and are hereby constituted, districts for that purpose. The clerks of the county commissioners' courts in each of said districts (except the counties of Will, DuPage and Iroquois, the returns from which shall be made to the county of Will, and except that the clerks of the several county commission-
APPROPRIATIONS. 5
ers1 courts of the counties in the senatorial districts composed of the counties of Franklin, Williamson, Jackson, Pope and Massac, in all elections for senator, shall meet at Marion, the county seat of Wil- liamson county, to compare the polls of said election,) shall meet at the county seat of the oldest county in said district, within fifteen piace of meeting, days next after any election for senator or representative, in any of the said districts, for the purpose of comparing the votes given at such election. In case there shall be no elder county in the dis- trict, then the said clerks shall meet, for the purpose above men- tioned, at the county seat of the county that has the largest popula- tion,* as shown by the census that last preceded sucli election.
Sec. 3. Districts formed under this act, having a senator or rep- resentative residing within the boundaries so formed, such senator senators & rep-i or representative shall be and remain the senator or representative resentall^s t0 of the district so formed for the term during which they were re- spectively elected ; and this act shall not bo so construed as to authorize, at any one time, more senators or representatives in the Legislature than this act provides for.
Sec. 4. If any vacancy shall occur in the office of any senator who shall hold over, by death, resignation, or otherwise, during the time for which he was elected, then, and in such case, the new district shall fill said vacancy, any thing in this act to the contrary vacancies, notwithstanding, except when two senators shall hold over, and re- siding in the same district, then, and in that case, such vacancy shall not be filled by an election under this act, until after the expi- ration of the time for which such senators shall have been elected, unless the office of both shall become vacant as aforesaid, then the last vacancy shall be filled in manner and form aforesaid.
Approved, February 25, 1847.
A'N ACT making appropriations for the years one thousasx] eight hundred and forty- seven and forty-eight.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the sum of six thonsand^600o. coutin- dollars be, and the same is, hereby appropriated, as a con- gent fund, tingent fund, to meet the contingent expenses of the State govern- ment for the years one thousand eight hundred and forty-seven and one thousand eight hundred and forty-eight ; and the said fund shall be subject to the order of the Governor, for the purpose of defray- ing all such expenses as are unforseen by the General Assembly, or are unprovided for by law, and a proper statement of which shall be laid before the next General Assembly of tnis State by the au- ditor, in his biennial report.
Sec 2. The following sums are hereby appropriated for theSa]ai.y ofoflic<T9 salaries of the several officers hereinafter mentioned, for the years one thousand eight hundred and forty-seven and one thousand eight hundred and forty-eight :
1st. To the Governor, the sum of four thousand dollars.
2d. To the auditor of public accounts, for his own salary, the sum of one thousand dollars per annum ; and to the said auditor,
6
APPROPRIATIONS.
for clerk hire, the sum of one thousand and three hundred dollars per annum ; and he is hereby required to keep three clerks con- stantly employed in his office, during the years one thousand eight hundred and forty-seven and one thousand eight hundred and forty- eight.
3d. To the State treasurer, including cierk hire, the sum of two thousand dollars for two years.
4th, To the secretary of State, including clerk hire, the sum of two thousand dollars. Judges of su- 5th. To chief justice Wilson, and associate justices Lockwood, premec&urt. Browne, Treat, Thomas, Caton, Purple, Koerner and Denning, each the sum of one thousand five hundred dollars per annum.
6th. To the judge of the Cook county court, the sum of one thousand seven hundred dollars, for holding the Cook and Jo Da- viess county courts.
7th. To the prosecuting attorney of said Cook county court, the sum of two hundred and fifty dollars per annum.
8th. To the attorney general, the sum of one thousand dollars.
9th. To the State's attorneys, each the sum of five hundred dol- lars.
10th. To the inspectors of the penitentiary, each the sum of one dollar and fifty cents per day : Pr<vi<kd, the same shall not exceed the sum of one hundred dollars per annum.
11th. To Michael Macnamara, the porter to the State officers, the sum of three hundred dollars per annum.
12th. To the secretary employed in the fund commissioner's office, the sum of eight hundred dollars.
13th. To the prosecuting attorney of the Jo Daviess county court, the sum of two hundred dollars. And it shall be the duty of the auditor of public accounts to issue his warrant on the treasurer for quarterly payments to the foregoing named officers. Sperfrer of Sen- ^EC- 3. There shall be allowed to the speaker of the Senate and ate ind House of House of Representatives, each, the sum of six dollars per day, Reueser.tatives an(j ^ie gum 0f four ci0]iars for every twenty miles necessary travel, in going to and returning from the seat of government. To each member of the Senate and House of Representatives, the sum of four dollars per day during the present session, and the sum of four dollars for every twenty miles necessary travel, in going to and re- turning from the seat of government. To the secretary and assist- ant secretary of the Senate, and to the clerk and assistant clerk of the House of Representatives, each, the sum of five dollars per day. To the sergeant -at-arms and assistant sergeant-at-arms of the Senate, and the doorkeeper and assistant doorkeeper of the House of Representatives, each, the sum of four dollars per day. To the enorossino: and enrolling: clerks of the Senate and House of Representatives, each, the sum of four dollars per day. To the assistant engrossing and enrolling clerks of the Senate and House of Representatives, each, the sum of four dollars per day for the time actually employed. To the copyists of the journals of the Senate and House of Representatives, each, the sum of three dol- Certif3cate«tobelars ancJ fifty cents per day. And the said compensation, when due to the officers and members of the Senate, shall be certified by the secretary thereof, with the exception of his own compensation, which shall be certified by the speaker ; and the compensation that may be due to the officers and members of the House of Repre-
APPROPRIATIONS.
sentatives, shall be certified by the principal clerk thereof, and that] of the clerk by the speaker ; which said certificates, when made' and signed as aforesaid, shall be sufficient evidence to the auditor of each person's claim respectively, who shall issue his warrant on the treasury for the amount to which such person shall be enti- tled, as aforesaid, to be paid out of any moneys in the treasury not otherwise appropriated. To the clerk of the Council of Revision, the sum of three dollars per day, while actually employed, to be cer- tified by the Governor. To E. B. Washburne, former prosecuting attorney for the Jo Daviess county court, two hundred dollars, for the years one thousand eight hundred and forty-five and one thous- and eight hundred and forty-six. To Lincoln B. Knowlton, the pay and mileage of a member of the Senate, during the time he was con- testing his seat ; the mileage and number of days' attendance to be certihed by the secretary of the Senate. To Robert Bell, for ser- vices rendered as clerk of the joint select committee upon the claim of Michael Kennedy, employed by order of the Senate, twenty dol- lars. To the Rev. Messrs. Bergen, Hale, Dresser, Barger, Spring- er and Bailey, the sum of sixteen dollars, each, for their attending the Senate chamber and hall of Representatives, and rendering services as hcaplains, during the present session. To each of the members of the joint select, committee, appointed to, and who actu- ally did, visit the penitentiary, the sum of twenty-five dollars. To Sarah Wall, for repairing carpets for the House and Senate, the sum of eleven dollars and twenty-five cents. To Mary Wall, for repairing carpets for the House and Senate, the sum of eleven dol- lars and twenty-five cents. To Thomas Connor and James Connor, the two extra hands employed for carrying wood, &c, for the use of the Senate and House of Representatives, each, the sum of one dollar per day, for the time actually employed ; to be certified to the auditor by the secretary of State. To J. Cradock, for materials furnished and repairs made about the doors of the State house, as per account filed, the sum of seven dollars. To J. W. Keyes, for administering oath to the members of both branches of the present General Assembly, the sum of ten dollars. To Priest and Moore, for articles furnished and labor performed, in and about the several rooms in the State House, as per account filed, the sum of eighty- four dollars and forty-two cents. To M. Doyle, for candles, &c, for the use of the Sl,ate, as per account filed, the sum of four hun- dred and eighty-six dollars and thirty-nine cents. To Washington lies, for candles, &c, furnished for the use of the State, as per bill filed, the sum of six dollars and eighty-four cents. To Wallace and Diller, for half gross best matches, the sum of seventy-five cents. To E. B. Pease, for articles furnished for the use of the State, as per account filed, the sum of eleven dollars and eight cents. To Bradford and Smith, for articles furnished for the use of the State, the sum of one dollar. To James L. Lamb, for articles furnished for the use of the State in one thousand eight hundred and forty -three, as per account filed, three dollars and thirty-eight cents. To Con- dell, Jones and Co., for articles furnished for the use of the State, as per account filed, the sum of fifteen dollars and sixty cents. To D. and I. P. Spear, for articles furnished for the use of the State, as per account filed, the sum of thirty dollars and seventy-five cents. To George Spade, for labor performed and articles furnished for the use of the State, as per account filed, the sum of fifty-one dollars
APPROPRIATIONS.
and twenty-five cents. To S. M. Tinsley and Co., for articles by them furnished for the use of the State, as per account filed, the sum of four hundred and sixteen [dollars] and seventeen cents. To the secretary of State, for making index to the journals of the Senate and House of Representatives of the present session of the General Assembly, and for copying the laws and making marginal notes and index thereto, the sum of five hundred dollars. To Johnson and Bradford, for extra work in binding the Revised Laws, the sum of three hundred dollars. To Murray McConnell, four dollars and fifty cents, for one day's service as assistant clerk, pro tern. To John Hutchinson, the sum of forty-two dollars and ten cents, in full l'or the funeral expenses of the Hon. William Rhodes, deceased. To William Thomas, the sum of five dollars, the amount by him paid to Mr. Myers, for preparing the State house for the deaf and dumb exhibition.
Approved, February 28, 1847.
AN ACT making appropriations for the completion of the State house,
$2o;ooo appro- Sec 1 . Be it enacted by the People of the State of Illinois represented pnae ' inthe General Assembly, That the sum of twenty thousand dollars be,
and the same is hereby , appropriated to defray the expenses of complet- ing the State house, one half of said sum payable in the year eigh- teen hundred and forty-seven, and the balance in the year eighteen hundred and forty-eight.
Sec 2. It shall be the duty of the Governor, auditor and trea-
Governor, trea- . ■* .
surer, & auditor surer to cause the said building to be completed in the manner and
empowered, &.c. upon the plan heretofore agreed upon, and to enclose the square with
a good substantial plank fence, and immediately on the passage of
this act to contract with the lowest responsible bidder for the work
and materials, after giving thirty days' public notice, to be published
in such papers and at such places as the Governor shall direct.
Notice. Sec 3. If the amount hereby appropriated shall not be deemed
sufficient to complete the whole, it shall be their duty to apply the
Directions. ftrs{. expenditure to the completion of the exteri- r, the enclosure of
the grounds, and repairing the roof, and, if in their opinion it shall be
advisable, to have the dome taken off.
Sec 4. On the order of the board of commissioners appointed Auditor to issue in the second section cf this act, it shall be the duty of the auditor warrants. ^Q jssue a warrant on the treasury for the amount ordered from time
to time as may be required to make payment, under any contract said board may make ; said commissioners may make one entire contract, or let it out in separate parts, as in their opinion the pub- lic interest may require.
Sec 5. It shall be the duty of said board to furnish a plan, with • specifications of the contracts proposed to be let out, and to exhibit
n . . the amount of materials on hand to be used in the execution of the
Bond and secu- . , , . •, ,
r.ity. work, and to require the contractors to give bond, with approved
security, for the performance of their contracts.
Approved, February 16, 1847.
APPROPRIATIONS.
AN ACT making appropriations for the pay of certain persons therein named, acting for and under the authority of the State.
Sec. 1. Be it enacted by the People of the Slate of Illinois, repre- Auditor to issue senled in the General Assembly, That the auditor of public accounts ™arrants t0 ,per"
,., , .,•*'. i-T-iii • r sons nameu
be authorized and required to issue to the individuals heremaiter herein.
mentioned, warrants ibr the sums specified, to wit :
To B. C. Webster & Co., for articles furnished for the funerals of the Hon. Wm. Hendry and the Hon. Wm. Rhodes, for twenty-seven dollars and seventy-five cents ; to E. D. Taylor, for articles fur- nished for the funeral of Hon. Wm. Rhodes, for five dollars and six- ty-two cents ; to Dr. W. S. Wallace, for attendance upon Hon. Wm. Rhodes, for six dollars ; to Dr. E. H. Merryman, for attendance upon Hon. Wm. Rhodes, for fifty-nine dollars ; to King and Ball, for services rendered as barbers to the Hon. Wm. Rhodes, one dollar and fifty cents ; to S. S. Brooks, twenty-five dollars, as assistant secretary of the Senate, under a special resolution; to Wilson and Co., of Rushville, the sum of twenty-five dollars, for coffee and sugar furnished the troops in 1844 and '5.
Sec 2. That the Governor of this State be, and he is hereby, Governor toau- authorized to audit the claim of Green B. Redman, for work donedit claim of c on the great western mail route, under the system of internal im-B- Redman' prvoments, a balance stated to be due said Redman, and on the pro- duction of evidence by said Redman to the attorney general, to be by him examined and approved; in his absence,then by the Governor, the Governor being satisfied of the justness of the claim, shall issue To issue scrip, scrip for the amount, with interest at the rate of six per cent, per annum, allowing him back interest, if considered just and due to said Redman.
Approved, March 1, 1847.
AN ACT making appropriations for the pay of the officers and privates in the expedition to Hancock county, in the fall of the year one thousand eight hundred and forty-six, under Governor Ford.
Section 1. Be it enacted by the Feople of the Slate of Illinois, represented in the General Assembly, That the abstracts of the certifi- Abstracts of cer- cates for provisions and materials, as per certificates of John B. tificates of John Weber, in the Nauvoo expedition, under Governor Ford, in oneB* Weber« thousand eight hundred and forty-six, amounting to two thousand five hundred and eighty-two dollars and ten cents ; also, the abstracts of A. Hickox. of certificates of A. Hickox, assistant quartermaster, for ammuni- tion and provisions, amounting to seven hundred dollars and fourteen cents; also, the abstracts of the certificates for ammunition and provi- sions, issued by quartermaster Haverkluft, amounting to eleven of quartermas- hundred and forty-three dollars and twenty-six cents ; also, the ter Haverkluft. pay-roll of of the staff of Governor Ford ; to R. H. McDonald, as JgJ. of Gov' captain, fifty-eight dollars and eighty-seven cents; to John M. Pay-roll of capt. Young, as captain, sixty dollars and ninety cents ; also, the pay-roll Allen'sAbcotmpaI of the company commanded by captain Allen, as per abstracts to be to be filed.
10
APPROPRIATIONS.
filed in' the auditor's office, amounting to eight hundred and sixty- five dollars and seventy-three cents ; also, the pay-roll of the com-
„ , pany commanded by captain J. Connelly, as per abstracts to be filed Pay-roll of cap- 1 J J r j\ r~
tain J. connei-in the auditor's ofhce, amounting to nine hundred and lorty-four ly's company. dollars and fifty-eight cents ; also, the pay-roll of the company com- p oUof capt,manded by captain Haverkluft, as per abstracts to be tiled in the Haverkiui't's auditor's office, amounting to two hundred and sixty-two dollars company. an(j thirty-eight cents ; also, the pay-roll of the company commanded
Pay-roil captain by captain Jackson, as per abstracts to be filed in the auditor's Jackson's com-0fgcej amounting to four hundred and twenty-seven dollars and pany* twenty-four cents; also, the pay-roll of the company commanded by
Pay-roll captain captain Head, as per abstracts to be filed in the auditor's office, Head's coml)a- amounting to two hundred and ninety dollars and forty-six cents ;
Pay-roil captain also, the pay-roll of the company commanded by captain Hopkins Hopkins' com- as per abstracts to be filed in the auditor's office, amounting to pany' three hundred and sixty-four dollars and four cents ; also, the pay-
Pay-roii Battal-roll of the battalion staff, as per abstracts to be filed in the auditor's iou staff. office, amounting to two hundred and ninety-seven dollars and eighty-
Pay .roll G. r. seven cents ; also, the pay-roll of the officers in G. R. Weber's Weber's Battai- battalion, as per abstracts to be filed in the auditor's office, amount- lon- ing to four hundred and eight) -nine dollars and twenty-four cents ;
Deductions to after deducting any amount that has been received by any of the per- be made. sons named on each or any of said pay-rolls : Provided, that the
mounted men, to the number of fifteen, embraced in the pay-roll of captain Allen's company aforesaid, shall receive one dollar per day for their services in full, and the deduction of twenty-eight dollars and fifty-seven cents, overcharge in the allowance to captain Con- nellv, leaving a balance of two hundred and ninety-one dollars and forty-three cents, be, and is hereby, appropriated, to be paid to the said mounted men in captain Allen's company for the services aforesaid.
Sec 2. On application of any person, or his agent, the auditor Auditor to is-Qf pUD]jc accounts shall issue his warrant on the treasury for the To be in fail for amount due such applicant, which shall be in full for the services services in iS49.renc]ere(| the State in the year one thousand eight hundred and forty- six, under the several commanders named in the first section of this act.
Approved, March 1, 1847.
AN ACT malting partial appropriations.
Sec. 1. Be it enacted hj the People of the Slate of Illinois, repre- sented in the General Assembly, That the auditor of public accounts be, and he is hereby, required to draw warrants on the treasury for the sum of one hundred dollars to each member of the General As- sembly, and like warrants to the speaker of each House, the secre- tary and assistant secretary of the Senate, the clerk and assistant clerk of the House of Representatives, each of the enrolling and engrossing clerks, each of the door-keepers and assistant door- keepers : and for the sum of fifty dollars to each of the copyists of the journals of each House, and the secretary of the Council of Re-
APPROPRIATIONS.
vision ; and also to Ex-Lieut. Governor Moore, the sum of thirty- dollars, for his services this session as speaker of the Senate.
Sec. 2. That any money which may now be in the treasury, or may come into the treasury previous to the first day of March, 1847, not otherwise appropriated by law, shall be applied to the payment of the expenses of the present session.
Approved, December 18, 1846.
11
AN ACT making appropriations to the individuals therein named, for subsistence, clothing, forage, and materials furnished the Illinois Militia, under the command of brigadier general John I. Hardin and major W. B. Warren, during the years one thousand eight hundred and forty-five and forty-sis.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the following sums of money be appropriated towards defraying the expenses attending the service of the Illinois militia, during the fall of the year one thousand eight hundred and forty-five, and part of the year one thousand eight hundred and forty-six, and that the auditor be, and he is hereby, authorised and required to issue warrants upon the treasury for the following sums of money, viz : To J. B. Kimball, for the sum of one thousand seven hundred and fifty-nine dollars and twenty-eight cents i to J. B. Kimball, as assignee of James Taylor, eleven dollars and fifty-five cents ; to J. B. Kimball, as assignee of Thomas Mockbee, four dollars and fifty cents ; to J. B. Kimball, as assignee of E. Fuller, for twelve dollars and fifty cents ; to J. B. Kimball, as assignee of Isaac Wilson, for the sum of one hundred and fifteen dollars and thirty-nine cents ; to the same, as assignee of J. F. Charles, for twenty dollars ; to the same, as assignee of H. P. Southworth, for twelve dollars and fifty cents ; to the same, as assignee of D. Cocklin, for sixty-five dollars and forty-three cents ; to the same, as assignee of Samuel Scott, for thirty dollars ; to James M. Seehorn, assignee of Calvin Cole, for thirty-five dollars and thirteen cents ; to Benjamin Clarke, for the sum of nine hundred and twenty-three dollars and seventy-four cents ; to the same, as assignee of William Kimbrough, for thirty- two dollars and twenty-five cents ; to the same, for one hundred dollars and seventeen cents ; to the same, as assignee of John Wilson, for sixty-two dollars and sixty-one cents ; to the same, as assignee of David Butterworth, for thirty-five dollars and thirty- eight cents ; to the same, as assignee of Frederick D. Palmer, for ten dollars and forty cents ; to the same, as assignee of D. R. Fales, for tvo dollars and fifty cents ; to J. H. Sherman, for fourteen hundred and four dollars and thirty- five cents ; to the same, as as- signee of Christopher Tallant, for twenty dollars ; to the same, as assignee of Thomas L. Barnes, for two hundred and seventy-nine dollars ; to W. T. Daisy, for fifty-one dollars and thirty-two cents ; to John B. Schwindler and Wilson Lane, (for their services as guards over J. B. Backentos, from Quincy to Nauvoo, by order of Major McDougall, and for their expenses,) for twelve dollars and fifty cents, each ; to William A. Hinman and William A. Rich- ardson, assignees of Thomas D. Worsley, one hundred and one dollars ; to Joseph Johnsun, for five dollars ; to Wilson and Wil-
1 2 APPROPRIATIONS.
liams, assignees of John White, for three dollars ; to Benjamin Gallup, for seven dollars and twenty cents ; to Joseph Barnes, for fifteen dollars ; to Benjamin Chadsey, for thirty-five dollars ; to Johnson and Bradford, assignees of J. B. Backentos, five dollars ; to J. D. Rawlins, for the sum of four hundred and fifteen dollars and seventy-five cents ; to Artois Hamilton, for the sum of thirteen hundred and eighty-two dollars aud twenty-two cents ; to the same, for thirty-seven dollars and fifty-five cents ; to Taylor and Rand, for seventy dollars and eighty-three cents ; to Charles Dudley, for twenty dollars ; to Allen McQuary, for seven*y-seven dollars and eighty-five cents ; to A. W. Blakesley, for ten dollars and eighty cents ; to E. Rand, for two hundred and five dollars and seventy- four cents ; to W. H. Rollason, for one hundred and twenty-one dollars and five cents ; to Brandt and Agnew, for nine dollars ; to Alexander Simpson, for twenty-seven dollars ; to Frederick Loring, for seventy-one dollars and thirty cents ; to L. C. Ste- phenson, for one hundred and thirty-nine dollars ; to William H. Randolph, for eighty-six dollars ; to A. N. Thompson, for forty* eight dollars sixty cents ; to Tweed and Freeman, for one hundred and forty-five dollars and fifty-five cents ; to J. B. Backenstos, for four dollars and seventy-five cents ; to James Clarke, for five dol- lars ; to Cornelius Hook, for eighty-one dollars and fifty cents ; to M. A. Tucker, for twenty-seven dollars and fifty cents; toB. F. and F. Stephenson, for forty-one dollars ; to M. Couchman, for fourteen dollars and fifty cents ; to W. Kendall, for three dollars and fifty cents ; to Mrs. A. B. Deming, for seventy-two dollars and ninety cents; to Mrs. H. Baldwin, for thirty dollars and fifty cents ; to Mrs. H. Williams, for fifty-seven dollars and eighty-nine cents ; to M. F. Peibler, for seven dollars and eighty cents ; to W. Presson, for twenty-four dollars and fifty cents ; to the same, for five dollars and twenty-five cents ; to W. Medcalf, for six dollars ; to P. War- ren, for four hundred and eighty-one dollars ; to F. B. Rose, for one hundred and twen'y dollars ; to C. S. Hamilton, for ten dollars ; to Thomas Elms, for ninety-two dollars and fifty-five cents ; to N. P. Tinsley and Co., for two hundred and thirteen dollars and seven cents ; to R. Trabue, for one dollar and seventy-five cents ; to J. E. Dunn, for five dollars and twenty- five cents; to D. S.Ames, for two hundred and fifteen dollars and fifty cents; to William dick- ering, for three hundred and seventy-five dollars and ninety-two cents; to C. and S, W. Everett, for fifty-eight dollars and ninety-five cents ; to John Haggard, for four dollars , to Moses Turner for fifty dollars ; to A. V. Tuyle, for one hundred and fifty-one dollars and fifty cents; to Mrs. E. Smith, for nine dollars; to J. Smith and Co., for five hundred and seventeen dollars and ninety cents ; to Free- man Hurst and Co., for lour dollars and ten cents; to Dr. L. Evans, for ninety-four dollars and sixty cents ; to T. D. Eames, for ten dollars ; to K. Hockenhull, for sixteen dollars and sixty seven cents ; to Lathrop and Bancroft, for sixteen dollars and sixty cents ; to J. Neeley? for thirteen dollars and seventy-five cents; to J. and S. Dnnlap, for eleven dollars and eighty-thres cents ; to Artois Ham- ilton, for eight dollars ; to S. M. Tinsley and Co., for three hundred and forty-eight dollars and fifteen cents ; to James McCroskey for thirty-seven dollars and three cents; to J. B. Kimball, for fifty dol- lars ; to Little tmd Ray, for the sum of tuo hundred and filly-one dollars and sixty-five cents ; to J. Currier, for Ihe sum of fifteen dollars; Moses Ingersoll, for the sum of eight dollars ; J. Catlin,
APPROPRIATIONS.
for the sum of eight dollars ; Israel Schoomaker, for the sum of three dollars and twenty-five cents ; J. H. Catlin, for the sum of ten dollars ; William D. Abernethy, for the sum of twenty -six dol- lars and twenty-three cents ; Joseph Worthen, for the sum of twen- ty-four dollars and fifty-seven cents ; Edward A. Bedell, for the sum of eleven dollars and eighteen cents ; D. Babbitt, for the sum of five dollars ; Joseph Stephens, for the sum of fifteen dollars ; Jackson Grimshaw, for the sum of thirteen dollars and sixty-six cents ; W. R. Wells, for the sum of four dollars and fifty-five cents ; J. H. Catlin, for the sum of five dollars ; J. B. Donalson, for the sum of seven dollars and sixty-eight [cents]; John Marshall, for the sum of fifteen dollars ; E. Rand, for the sum of fourteen dol- lars ; T. N. Reynolds, for the sum of thirty-two dollars and ten cents; Gould, Mellon and Spencer, for the sum of thirty-nine dol- lars ; John E. Johnson, for the sum of eight dollars and sixty-seven cents ; Williams and Wilson, for the sum of fourteen dollars and fifty cents ; the same, for the sum of sixteen dollars and sixty-six cents ; Samuel Chandler, for the sum of seven dollars and twelve cents ; E. Chandler, for the sum of two dollars and seventy cents ; D. Gouchenor, for the sum of four dollars and forty-five cents ; which said several warrants, when thus drawn and delivered to the individuals above named, or their assigns, agents or attorneys, shall be in full of the claims against the State of Illinois of the said indi- viduals and their assignors, for materials furnished to, or on account of the troops called into the service of the State, during the period above mentioned, and under the command of the officers aforesaid.
Sec 2. This act shall take effect, and be in force, from and af- s passage.
Approved, January 22, 1847.
I'd
AN ACT making partial appropriations.
Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the auditor of public accounts be required Auditor t0 isswe to issue warrants, to the amount of one hundred dollars, to each ofmembers and the members of the General Assembly, to the speaker, secretary, omce« for $io» assistant secretary, engrossing and enrolling clerk, and door-each" keepers of the Senate ; the speaker, clerk, assistant clerk, en- grossing and enrolling clerk, and doorkeepers, of the House of Representatives, and to the clerk of the Council of Revision, and toTo cop,^ |0ir each of the copyists of the journals of each House, fifty dollars. $eo each.
Approved, February 5, 1847.
AN ACT making compensation to Stevens and Trenchery, of Alton, for storage on rail- road iron belonging to the State.
Section 1. Be it enacted by the People of the State of Illinois t represented in the General Assembly, That Alfred Stevens and Emil-
1 4 APPROPRIATIONS.
litis Trenchery, late composing the firm of Stevens and Trenchery, jage/ be and hereby [are] allowed the sum of four hundred dollars, in full
for storage of railroad iron, belonging to the State, from the fifteenth day of November, A. D., one thousand eight hundred and forty- one, to the twenty-first day of June, A. D., one thousand eight hun- dred and forty-three, for which they have received no compensa- tion. Auditor to is- Sec 2. The auditor of the State of Illinois is hereby aulhor- sue' ' ized and directed to issue his warrant, or warrants, for the above
sums to the said Stevens and Trenchery, or their assigns. Approved, February 13, 1847.
AN ACT to amend " An Act making appropriations for the pay and expenses of the Illinois militia, called into service by the commander-in-chief during the year one thousand eight hundred and forty-four," iu force February twenty-sixth, one thousand eight hundred and forty-live.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the two hundred and seventy-eight dollars thirty-six cents, appropriated by the third paragraph of the first section of the act entitled, " An act making appropriations for the pay and expenses of the Illinois militia, called into service by the commander-in-chief during the year one thousand eight hundred and forty-four," approved on the twenty- sixth day of February, one thousand eight hundred and firty-five, to the regiment commanded by Thomas S. Brockman, shall be paid John P. Nye, to John P. Nye, of Brown county, for the use of said regiment, to paymaster. j^g ^y njm p^j f_0 tfie several persons entitled to the same, for their services in said regiment; the correctness of the pay-roll on which said payments are to be made, Jo be certified by the said Thomas S. Brockman, or, in case of his death, by the surviving officer next in rank who served in said regiment.
Sec 2. Before receiving the auditor's warrants for said sura Shall file bond.0f money, the said John P. Nye shall file with the auditor a bond payable to the people of the State of Illinois, in the penalty of five hundred dollars, with two or more responsible freeholders as secu- rity, their sufficiency to be approved and certified by at least two of the county commissiot ers of Brown county, conditioned that he wil', without unreasonable delay, pay over the auditor's warrants which he may receive, to the several persons entitled thereto, under the provisions of this act; which bond shall be filed by the To be evidence. auditor, and a copy thereof, certified by the auditor, shall be
evidence in any suit or action brought upon the same, separate actions j>ec 3. Separate actions may be maintained upon said bond, and may be mam- recoveries had in the name of the people aforesaid, for the \i>e of any person entitled to any part of said sum of money ; and in c;>se said Nye shall fail or refuse to pay, on demand, any person enti- tled to any part of said money, such person may have his action on said bond in the name of the people to his use, before any court or jit:>tice of the peace having jurisdiction of the amount claimed by such person, and the recovery in any action brought upon said bond
APPROPRIATIONS. 25
shall be for the amount proved to be due the person sueing, and not for the penalty of the bond.
Sec. 4. The said Nye shall, within six months after the passage of this act, transmit to, or file with, the auditor of public accounts, poll to be the pay-roll on which he may pay out the money aforesaid, with transmitted to the receipts of the persons entitled to said money, for their respect- audltor- ive portions thereof, and in case of failure, he and his securities shall be liable to an action upon the bond in favor of the people, bond- and to a recovery in said action for the whole amount of the war-» rants received by him under the provisions of this act.
Approved, February 13, 1847.
AN ACT making appropriations for purposes therein specified.
Be it enacted by the People of the Sta e of Illinois, represented in the General Assembly, That the following sums are hereby appro- priated to the several individuals hereinafter mentioned. To John E. Rail, for attendance on the late Hon. William Hendry during his last illness, to furnishing shroud and other materials for his corpse, to twelve days' hire of carriage, horses and two hands, in sending corpse to Adams county, and to expenses of same, $85 00. To Josiah Francis, for coffin and air-tight box, to fifteen yards of cloth, chloride of lime, saltpetre, &c, and wrapping corpse and attending funeral with hearse, $23 00. To Jesse R. Clark, for services as messenger to inform Mr. Hendry's family of his death, and expen- ses of trip, $32 00. To William S. Wallace, for medical attendance, $12 50.
Approved, February 15. 1847.
AN ACT for the relief of the persons therein named.
Section 1. Be it enacted by the People of the State of Illinois, represznhd in the General Jlssembly, That the following sums of m iney be appropriated to the persons herein named, viz: To J. j. wickershain. Wickershain, fifteen dollars, for use of horse in conveying the remains of the Hon. Win. Hendry to Adams county; to D. Hibberd, five dol-D. Hibberd. lars, for forage furnished gen. Hardin's troops in one thousand eight band red and I'orty-rive, as per voucher of quartermaster Neek; to J.
B. VLilthews, tbe sum ol thirty-four dollars and ninelv cenls.i'or arti- „
dc • i i ,i -i • ,. i ^ '■ , ,J. B. Mathews*
i?s ldriuslie I the troops m the service ot the State, m one thousand
eight hundred and forty-four, as per voucher of the quartermaster;
to Calvin Cole, the sum of twenty-two dollars, in full for services of Calvin Cole.
team in transporting baggage for troops in service of the Slate, in
one thousand eijjht hundred and forty- lb ur ; to J. C. Duncan, as- J. c. Duncan.
si:nee of Thomas Davis, nineteen dollars and twenty-live cents; lo
Chancery Haskille, James Dunlap, Moses Broad well, W. J. Deha-others.
16
APPROPRIATIONS.
ven, James Hope, Robert A. Likely, and George W. Johnson, each, four dollars and fifty cents ; to Joel Catlin, fourteen dollars.
Sec. 2. That the auditor of public accounts be, and he is here- Warrants. , required to issue warrants on the treasurer for the amounls
above named.
Sec 3. This act to be in force from and after its passage. Approved, February 26, 1847.
AN \CT making appropriations for the pay of the officers and privates under the com- mand of general J. J. Hardin and major W. B. Warren, dunng the years 1845 and '46.
Sec 1 . Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That the muster and pay-rolls of the several companies of militia, called into the service of this State to aid in the execution of the laws in the county of Hancock, in the fall of one thousand eight hundred and forty-five, under the com- mand of general John J. Hardin, also the pay-rolls of the compa- nies which were continued in said service under the command of major W. B. Warren, also the pay-rolls of the battalion staff under v. said Warren also the pay-rolls of the regimental and battalion stall S^l^J^^nerJil^ be filed with the auditor of public tor- fc accounts, so that warrants may issue as hereinafter directed, tor the
warrants to be y - the amount due the officers and privates who were em- ployed in said service, at the rates specified in a report of the finance committee, accompanying said pay-rolls. #
sum appropria- Sec 2. That the sum of seventeen thousand and sixty-five dol- K aPPr°Pm lars and forty-three cents be, and the same is hereby appropriated for the payment of said officers and privates, and the auditor is hereby authorized and required to draw warrants upon the treasury for the balance due each officer and private, for the time charged [in said pay-roll, at the rates in said report: Provided, that the auditor shall not draw warrants in favor of any of said claimants, except by order of said claimant, or of his wife in said claimant s absence, or his legal representative, and if any of the officers or privates on said pay-rolls ha've overdrawn the amount due them at the .rate, herein referred to, they shall pay such excess back into the State treasu-
,„, flh rn rySEc3. Be it farther enacted, That whenever hereafter the Gov- e^rl^caTSernor shall call out the militia, or call for volunteers to suppress in- out militia. surrections, or to execute the laws, it shall not be lawful for the Governor, or any other officer, to receive into service any .company which shall not contain at least fifty privates, or any battalion which shall not consist of at least three companies, or any rfgiraen™^ shall not consist of at least two battalions nor shal any officer 1 be called or received into the service, unless there shall be under his command a sufficient number of privates to justify or require an officer of that rank, and if so received, shall not be entitled to pay excenr according to the number of men he may command, and, if at anytime the number of men under his command shall he reduced by disbanding part thereof, his rank and pay shall be reduced ac- cordingly.
APPROPRIATIONS. \ J
Sec. 4. That the sum of six hundred dollars be, and the same is Appropriation to hereby appropriated to remunerate and compensate the company 0f captam Archer's volunteers raised and officered at Marshall, in Clark county, on the fifth day of June, commanded by captain Wm. B. Archer, and re- ported to the Governor, and received by him on the ninth day of June, as company number twenty-seven, raised for the Mexican war, and rejected by the Governor, at Alton, on the twenty-seventh day of June, A. D. 184b'.
Sec 5. Justice Harlan, Uri Manly, and Timothy R. Young, of commissioners. Clark county, are hereby appointed a board of commissioners, who, or a majority of them, are authorized to settle with the subaltern officers, first and second lieutenants, non-commissioned officers, musicians and privates of said company, and shall pay them such sum as they may justly be entitled to, taking the claims of those who furnished clothing and provisions, and to those who fur- nished wagons, and went over with the company to Alton; make aTo make divis. fair, equitable and just division of the money above appropriated tolon* all parties interested, and shall take receipts for the same, and shall render an account how and to whom the payments have been made, to the auditor of public accounts; which sum above stated shall be in full of all pay, expenses and charges incurred by said company, and those who aided as above. Auditor to issue
Sec 6. It shall be the duty of the auditor of public accounts, warrants*' on application of said board of commissioners, (a majority of whom may act,) to issue to them a warrant or warrants on the Treasury of the State, for the amount stated above, six hundred dollars.
Approved, February 26, 1847.
AN ACT supplemental to an act making appropriations for the pay of the officers and In force, privates under the command of gen. J. J. Hardin and major \V. B. Warren, during the Feb'ry 27, 1847. years eighteen hundred and forty-five and forty-six.
Section 1. Be it enacted by the People of the State of 1 llnois, represented in the General Assembly, That Richard H. Mitchell be, R- h. Mitchell, and he is hereby, appointed paymaster, to receive and pay out to paymasteN the persons entitled to receive them, warrants drawn on the treasu- ry in favor of the officers and privates of captain J. D. Morgan's company, as provided for in " an act making appropriations for the pay of the officers and privates under the command ot general J. J. Hardin and major W. B. Warren, during the years one thousand eight hundred and forty-five and forty-six."
Sec 2. Before said Mitchell shall draw said warrants, he shall file in the office of the auditor of public accounts, a bond to theTo &™ bond> people of the State of Illinois, with good and sufficient security, in at least double the amount of the warrants by him received, to be approved by the Governor, conditioned for the faithful discharge of his duty in the premises, and also conditioned that he will return to the auditor proper vouchers for the amount of warrants he pays to the persons entitled to receive them, under the provisions of an act to which this is a supplement; and also conditioned that he will return to the said auditor such warrants as may remain in his hands after the expiration of one year from the passage of this act.
Approved, February 27, 1847. 2
Jg ARMS— STATE'S ATTORNEYS.
In force, M'ch 1 , AN ACT to preserve the State armS*
1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, The quarter-master general is hereby required to cause all of the small State arms and accoutre- ments, at Alton, and other places where they may be found, to be removed to Springfield, and to employ some person to clean and put in order said arms for their preservation, and cause them to be put in suitable boxes and deposited in a dry room, in the State house ; and to remove the State cannon and appendages, to such place or places, for safe keeping, as the commander-in-chief may direct, causing them also to be cleaned and kept housed and dry, and in charge of some responsible person or persons.
Sec. 2. The Governor and auditor shall examine the account and charges of the quarter-master general, for the labor and ex- penses incurred in the performance of the duty imposed on him by the foregoing section, and shall allow a reasonable and fair compen- sation for the same ; upon which the auditor shall [issue] his war- rants upon the treasurer, who shall pay the same out of any mo- neys not otherwise appropriated.
Sec 3. It shall be the duty of the quarter-master general to report to the commander-in-chief the number and condition of the different kinds of arms so found, in whose charge they are placed, and the expenses incurred, who shall lay the same before the next General Assembly, at the commencement of its session.
Approved, March 1, 1847.
In force, Febru- AN ACT in relation to the attorney general and State's attorneys,
ary 25, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That hereafter there shall be allowed to the attorney general and State's attorneys, and the attorneys of the Cook and Jo Daviess county courts, for their services in the circuit court, fees as follows, in the following cases, to-wit : Five per cent, upon all moneys actually collected and paid over to the State, or any county thereof, by them : Provided, that this act shall not extend to the collection of the revenue of this State, or any county.
Approved, February 28, 1847.
In force, Febru- AN ACT requiring the punctual discharge of duties by the attorney general and the ary 25, 1847. several State's attorneys.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the circuit
AUDITOR.
19
court of any county in the State shall have to appoint an attorney to attend to the duties of attorney general, or any State's attor- ney, during any term or part of the term of a court, because of the absence of the attorney general or State's attorney, as the case may be, and the person so appointed shall attend to and perform the duties required, the court may make an order allowing the person so appointed not less than ten nor more than twenty-five dollars forsi)eciaI attor- each term or part of a term of such court ; a copy of which order tiJa^ comi)enSd~ shall be certified to the auditor of public accounts, who shall issue a warrant upon the treasurer for the payment thereof, and the amount of such warrant shall be deducted from the salary of the attorney whose duties have been performed as aforesaid. regular salary. '
Approved, February 25, 1847.
AN ACT to enable the auditor of public aceounts to perform his duty. jn force M'ch I
1847.
Section 1, Beit enacted by the People of the State of Illinois, represented in the General Assembly, That the auditor of public ,fi"hlt0ya^.sfur" accounts shall furnish the clerks of the county commissioners' court books, form's, of the several counties with blank forms of all books, lists and&c,> toclerks of certificates connected with the assessment and collection of the rev- enue, together with proper instructions, which shall be in accordance *\vith the provisions of the revenue laws ; and the said clerks are hereby required to make out all transcripts, or other papers, for the use of the auditor's office, or the assessor, in conformity with said instructions.
Sec. 2. And it shall be the duty of the said auditor to complete all Auditor to com- work that is in arrears in his office, making complete record of the for- Plete work in feited lands and lots sold, and entering the lands sold for taxes since his office' the year one thousand eight hundred and thirty-eight in the record books; and when it shall appear that the land records of any county are imperfect, or that the lists of taxable lands have not been fur- nished, he shall make out and forward to the clerks of the county To forward a commissioners' court, in a well bound book, a correct transcript ofcoratycoj*. all the taxable lands in such county ; for which service he shall be missioners' elk. allowed three cents for each tract so entered or transcribed, to be paid by the State upon the certificate of the Governor.
Sec 3. The auditor shall cause to be collected, without unne- ah unpaid rev-
cessary delay, all the revenue remaining due and unpaid; and when enue t0 be "^
real estate shall be levied upon to satisfy any judgment in favor of
the State, it shall be the duty of the officer making such levy to
transmit to the auditor by mail, at least twenty days before the day
of sale, a correct statement, showing the description and value of
the said property; and the auditor is hereby authorized and required ^nd? sold» au" * i • *i j !• xi_ J * Li. • a*.' * . • i ditor to purchase
to purchase in the name and ior the use of the State, at its cash same for state.
value, so much of said property as may be necessary to pay the
amount of the judgment and costs aforesaid.
Sec 4. The auditor shall be allowed two per cent, on the compensation of
amount collected for collecting any revenue due the State for the auditor.
year one thousand eight hundred and forty-five and prior years,
20 BANKS.
which shall be collected irom the persons who have failed to pay over said revenue as required by law.
Sec. 5. '1 he auditor of public accounts is hereby authorized to estimate the amount of weeks in making tract books for the State, by John B. Weber, and to pay him two dollars per day for the work which he has not been paid for by the tract or otherwise ; and here- after the said John B. Weber may enter the errors which he has discovered in the said tract books, and the auditor shall have control of said books, and remove them to his office, so as to enable him to enter the disposition of lands as contemplated ; but for such work Auditor to payas J°hn B. Weber may do, in entering the errors, the auditor John B.Weber shall estimate and pay two dollars per day for all-time actually em- amount due him. ployed, to be kept by the auditor. Approved, March 1, 1847.
In force March -^N A^T f°r fina'ty closing the aflairs of the State bank of Illinois.
1, 1847.
Section 1 . Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That the president, directors and company of the State bank of Illinois be, and they are hereby, al- Time extended. ^uwec^ tne use °^ tne charter of said bank until the first day of No- vember, in the year one thousand eight hundred and forty-eight, in addition to the time allowed in the third section of an act of the General Assembly, entitled " An act to diminish the State debt and to put the State bank into liquidation," approved January 24, 1843, for the purpose of winding up the affairs of the said bank ; the use of the charter hereby granted being subject to all the conditions, restrictions and limitations contained in the said third section, and all other portions of the said act, and all acts supplemental thereto. Sec 2. If the affairs of the said bank shall not be closed before Trustees to be the said first day of November, 1848, the Governor shall appoint appointed. three trustees, whose duty it shall be to take charge of all the assets of the said bank, and wind up its affairs, they being governed in do- ing so by the provisions of an act entitled " an act supplemental to an act to reduce the public debt one million of dollars and to put the bank of Illinois into liquidation," approved the 28th February, 1845, so far as said provisions are applicable. Bank to file ac- Sec 3. The State bank of Illinois shall, within three days from ceptancein sec-the passage of this act, signify the acceptance of the provinons office ° aeSthereof, by a writing signed by the president and cashier under the seal of the bank, and to be filed in the office of the secretaiy of State, interest on pa- Sec. 4. That all certificates issued by said bank, in pursuance per of bank. 0f the provisions of the above recited act, and all the notes issued by said bank, and in the hands of the school commissioners of (he several counties in this State, or in the hands of any treasun r of any school district, at the passage of this act. shall, from and ;;fter the 4th day of March next, draw interest at the rate of six per cent, per annum until they shall be taken up. And the said bank is here- by required to pay said interest as aforesaid.
CANALS AND CANAL LANDS. 21
Sec 5. Said school commissioners and treasurers, who shall Dutv .of sch001
i c i • i u i r ,1, commissioners
hold said certificates at the passage of (his act, shall, on or beiore,theaml tieasUreis. first day of September next, report to tha cashier of the bank at Springfield, the date and amount of such certificates, which report shall be verified by the oath of such commissioner or treasurer.
Sec 6. The debtors to said bank shall njt be bound to pay any Debtors to bank interest on the debts now due said bank, from and after the fourth™1/0 W**»- dav of March instant.
Sec 7. The real estate of said bank shall be liable to taxation, Real estate of and sale on execution, in the same manner as the property of in- bank to be taxed, dividuals.
Approved, March 1, 1847.
AN ACT to amend chapter sixteen of the revised statutes of this State. In force, Febru-
ary 24, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General JJs'sembly, That hereal'ter, when any justice of the peace shall be required to issue a warrant, as is now J™ t(1?re^d# required by chapter sixteen of the revised laws of this State, the same shall be directed to, and executed by, all sheriffs, coroners, and constables in the State of Illinois, returnable before the magis-To whom re. trate by whom said process was issued, or, in case of his absence, tumabie. before any magistrate of the county from which said process issued. This act to be in force from and al'ter its passage.
Approved, February 24, 1847.
AN ACT to amend an act, approved February 28, 1S39, entitled, « An Act to provide for In force, Febru- the dedication of town lots, in towns situated on canal lands, to public purposes." ary 18> 1847.
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 is hereby authorized to donate a Donation of lot. lot in the town of Ottowa, in LaSalle county, to the trustees of the Methodist Episcopal church, in said town, for the purpose of erecting thereon a house of worship.
Sec 2. The said board of trustees of the Illinois and Michigan canal is hereby invested with all the powers conferred on the board of commissioners of the Illinois and Michigan canal by said act, and all donations which may be made under this act to be on the same terms and conditions as required by the act to which this tTerms of dona' is an amendment.
Sec 3. This act to be in force from and after its passage.
Approved, February 18, 1847.
22 CANALS AND CANAL LANDS.
In force, Febru- AN ACT to allow American subscribers to the canal loan of $1,600,000 the same priv- firy 27, 1847. ilege or right conferred upon foreign subscribers.
Be it enacted by the People of the State of Illinois, represented in th°. General Assembly, That the American subscribers to the canal loan of one million six hundred thousand dollars, authorized by an act entitled " An act to provide for the completion of the Illinois and Michigan canal, and for the payment of the canal debt, " approved, February twenty-lirst, eighteen hundred and forty-three, and an act entitled " An act supplemental to an act to provide for the comple- tion of the Illinois and Michigan canal, and for the payment of the the canal debt, " approved, February twenty-first, eighteen hundred forty-three, approved, March first, eighteen hundred and forty-five, who have heretofore registered canal bonds, and evidences of canal indebtedness, at the rate of one thousand dollars in bonds and indebtedness, for every sum of four hundred dollars sub- Time for regis- scribed by them to said loan, shall have further time until the first bonds. Cmal ^ay °f ^ay> *n l^le year °f our Lord one thousand eight hun- dred and forty-eight, to complete the registration of the canal bonds, and other evidences of canal indebtedness, held by them, so that each American sub- of the said American subscribers, who have registered as aforesaid, scnbers' rights. g^aU De entitled to register under the provisions of the above recited acts, one thousand dollars in bonds and other evidences of canal in- debtedness, in the whole, for every s'um of three hundred and twenty dollars subscribed by them to said loan, so as to put the said American subscribers upon an equal footing with the European sub- scribers who have been allowed to register canal bonds, and other evidences of canal indebtedness, at that rate, and in that proportion. Approved. February 27, 1847.
In force, Febru- AN ACT to authorize the bringing of suits against the State trustee of the Illinois and ary 28, 1817., Michigan canal.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases where indi- viduals or corporations had a ricdit, under the former laws of this State, or any of them, relating to the Illinois and Michigan canal, to prosecute suits against the board ofcommissioners of said canal, whilst said board was in existence, such individuals or corpora- tions shall hereafter have the right to prosecute suits in all compe- Name and style tent courts of this State against the "State trustee of the Illinois of suits against and Michigan canal," by that name and style ; the appointment of said trustee being authorized by an act entitled, "An act to provide for the completion of the Illinois and Michigan canal, and for the payment of the canal debt," approved February twenty-first, one thousand eight hundred and forty-three; such suits so to be brought against said trustee shall be prosecuted and defended in the same manner as suits heretofore authorized against said board of commis- sioners were prosecuted and defended; and judgment obtained
CANALS AND CANAL LANDS. 23
against said trustee shall be of the same nature and have the same effect as judgments heretofore recovered against said board of com- missioners.
Sec. 2. The said State trustee, by the name and^style afore- state trUstee. said, may also prosecute and • defend suits in all cases, when said board of commissioners might or could have prosecuted and de- fended suits, so far as is not inconsistent with the act approved February twenty-first, one thousand eight hundred and forty-three, hereinbefore referred to.
Approved, February 28, 1847.
AN ACT to amend an act entitled " An act for the completion of the Illinois and In force, Febru- Michigan canal, and for the payment ot the canal debt," approved, February twenty- ary 25, 1847. first, 1843.
Section 1. Be it enacted by the People of the Slate of Illinois, represented in the General Assembly, That so much of the act, to Former act mo- which this is an amendment, as prohibits the board ot trustees of thedined' Illinois and Michigan canal, from selling any of the lots, lands, or water power, granted to them by said act until three months after the com- pletion of said canal, is so modified as to permit said board of trus- tees, and they are hereby authorized to proceed to sell any of said lots, lands, or water power, except as is hereinafter provided, before the entire completion of said canal, should they think it advisable, or for the interest of the State, to do so.
Sec 2. The said trustees, together with the appraisers of canal lots, land, and water power, to be appointed in the several circuits where such lands, lots, or water power, are situated, as provided for in said act, or a majority of them, are hereby constituted a board, Board to deter- to determine the number of lots, and the quantity of land which the mine number of claimants of said lots and lands are entitled to purchase at the ap- ' praised value thereof, under the provisions of said act; but the Saving clause> action of said board shall in no way impair or prejudice the legal rights of said claimants, as now provided by law.
Sec 3. Any sales which may be made, shall be in the same man- sales, when ner and upon the same terms as prescribed in the act to which this made. is an amendment, but may be held at such times, (not oftener than once in three months,) and at such places, as said trustees may direct: Provided, that said trustees shall not sell more than one- Amount of sale, tenth of the canal property in any one city, town, or township, until after the completion of said canal, and that no sale shall be made be- fore the first of October next.
Sec 4. After the completion of said canal, the said board of trustees may withhold such portions of timbered land, or lands, timber, &c.,froiu. containing stone quarries and coal beds, from sale, as will in their sale, opinion best promote the interest of the State, the State creditors, and the canal fund : Provided, that when any bona fide settler residing Exception, on, or contiguous to, canal lands, shall desire to purchase any of the lands for the use of his farm, reserved as aforesaid, and shall make application to said board of trustees, they shall offer the land ap- plied for, for the purposes aforesaid, at the next sale.
24 CANALS AND CANAL LANDS.
Lots, &c, may Sec. 5. Any lots or lands which may hereafter be sold upon a be taxed. credit by said board of trustees, shall be taxed to the extent of the
interest of the purchaser, and the value of improvements on said lots and lands, in the same manner as prescribed in an act entitled " An act to amend the several laws allowing Illinois and Michigan canal lands to be taxed and sold for taxes," approved, January Trustees to sig-twenty-ninth, one thousand eight hundred and forty-five : Provided, mfy acceptance, ^ board of trustees shall first s\gntfy their acceptance of the pro- visions of this act by notifying the Governor of the same in writing. Approved, February 25, 1847.
In force, Febru- AN ACT to pay the balance due canal contractors.
ary 16, 1847.
Section 1, Be it enacted by the People of the Stale of Illinois,
Governor to is- represented in the General Assembly, That the Governor of this State
sue canal in- j3 hereby directed and required to issue canal indebtedness, bearing
wards. "interest from the date of the several awards, to the several contractors
whose damages remain unpaid, the several amounts due them under
the award of the board of appraisers, appointed pursuant to an act
entitled, "An act to provide for the completion of the Illinois and.
Michigan canal, and lor the payment of the canal debt," approved
February twenty-first, one. thousand eight hundred and forty-three;
which said amount now to be issued shall not exceed the sum of
seventy thousand seven hundred and thirty dollars and ninety-one
cents.
Sec. 2. This act to take effect from and after its passage. Approved, February 16, 1847.
In force, March AN ACT to amend an act, entitled "An act to amend an act, entitled an act to protect the 1, 1847. canal lands against trespasses," approved, March 4, 1837, and an act to amend an act
entitled "An act to protect the canal lands against trespasses, approved February 26,
1839," approved, February 27, 1845.
Section 1 . [2?e it enacted by the People of the State of Illinois, re- Former act mpresented in the General Assembly,'] That the act to which this is force. an amendment has been from the time of its enactment, and is now
in force, and shall continue in force, subject to the amendment here- inafter made, until expressly repealed by law.
Sec. 2. Wherever the terms " acting canal commissioner," "canal commissioner," and "commissioner," occur in the act to which this is an amendment, there shall be substituted in the place, and instead of said terms, and there is hereby so substituted, the term "State trustee." " State trustee," which last term shall be construed to mean and refer to the trustee heretofore appointed, or hereafter to be ap- pointed, on the part of this State, under the existing law3 of this State, as one of the board of trustees of the Illinois and Michigan canal. Powers. Sec. 3. The said State trustee, named in the second section of
thi3 act, shall have all the power given by the law to which this is an
CANALS AND CANAL LANDS'. 25
amendment, to the acting commissioner of said canal; and the said State trustee shall have full power to carry into execution, all the provisions of the act to which this is an amendment, in the manner therein directed, any thing in any other law to the contrary notwith- standing. But the said State trustee shall not have power under this 2^5"^? act, nor the act to which this is an amendment, to diminish in any lands. manner the value of any part of the canal lands, by authorizing the taking therefrom of any standing timber, rock, stone, or coal, except as the board of trustees of said canal may now have power by law to employ all necessary materials in and about the construction of said work.
Sec. 4. .All. suits, except prosecutions by indictment, com-Suits# menced under this act, and the act to which this is an amendment, shall be brought in the name of the " board of trustees of the Illi- nois and Michigan canal," subject to all the provisions in every other respect contained in the act to which this is an amendment.
Approved, March 1, 1847.
AN ACT to amend an act entitled, « An act to provide for the dedication of lots in In force, Febru- towns situated on canal land to public purposes." ary 26, 1847.
Section 1. Be it enacted by the People of the State of Hlindsi represented in the General Assembly, That any religious society or congregation, to whom any lot shall have been donated or granted, under and by virtue of the act to which this is an amendment, are hereby authorized and empowered to sell any portion or the whole of said lot so donated or granted : Provided, the proceeds of the sale of any such lot, or part of a lot, shall be applied to the pur- chase of another lot or lots, to be used for the same purpose as that for which such lot was donated, or to the payment of debts already Debts, incurred for the purchase of a lot or lots for such purpose, or shall be applied to the erection of a house of worship on any lot or lots belonging to such society or congregation in the same town, or to the payment of any debts already incurred by such society in the erection of a house of worship in said town.
Sec 2. The trustees of any society or congregation, who shall sell any lot, or part of a lot, under and by virtue of the provisions oi the foregoing section, are hereby authorized to convey the lot, orDeeds* part of a lot, sold, to the purchaser or purchasers, by good and sufficient deeds of conveyance, and the said purchaser or purcha- sers shall be thereby vested with a good and indefeasible title to the lot, or part of a lot, so purchased by them : Provided, however, special provis- that any sale or sales that may hereafter be made of the whole orioru any part of lot nine (9,) in block one (],) in fractional section fifteen (15,) in the city of Chicago, by the trustees of the society or congregation to whom the same may have been donated, granted, or set apart, their successors or assigns, shall be upon the express condition that the purchaser or purchasers of said lot, or any por- tion thereof, his, her, or their assigns, shall not subdivide the same, except by east and west lines, so as in no event to make or suffer a south front or north rear.
26 CIRCUITS.
Governor to is- Sec. 3. The Governor is hereby authorized and directed to sue patent. issue, upon application to the society or congregation to whom any lot has been granted, donated, or set apart, a patent for the same, upon receiving satisfactory proof that the same has been granted, donated, or set apart for the use of said society, under and by virtue of the law to which this is an amendment ; the patent, when is- sued, shall contain a brief statement of the purposes for which the said lot is donated. This act to take effect from and after its passage.
Approved, February 26, 1847.
In force, Febru- AN ACT regulating the terms of the courts in the first judicial circuit.
ary27, 1S47,
Section 1 . Be it enacted by the People of the State of Illinois, repre^ sented in the General Assembly, That the circuit court of the sev- eral counties composing the first judicial circuit, shall be held at the several county seats, or places for holding said courts, at the times following, viz :
the spring terms.
Times of hold- In the county of Morgan, on the third Mondays in March ; in the mg courts. county of Scott, on the second Mondays thereafter ; in the county of Greene, on the second Mondays in April ; in the county of Cass, on the third Mondays in April ; in the county of Mason, on the fourth Mondays in April; in the county of Menard, on the first Mondays thereafter; in the county of Macoupin, on the second Mondays in May ; in the county of Jersey, on the third Mondays in May ; in the county of Calhoun, at the time to be appointed by the presiding judge of said court.
THE FALL TERMS.
In the county of Morgan, on the third Mondays in August ; in the county of Macoupin, on the first Mondays in September ; in the county of Jersey, on the second Mondays in September ; in the county of Greene, on the third Mondays in September ; in the coun- ty of Calhoun, on the Wednesdays after the fourth Mondays in Sep- tember ; in the county of Scott, on the first Mondays in October ; in • the county of Cass, on the second Mondays in October ; in the
county of Mason on the third Mondays in October ; in the county of Menard on the fourth Mondays in October. Proceed^s com- Sec 2. All indictments, suits, causes, motions, recognizances, comme^ced^no^1101 other Proceedings, pending in said courts, shall stand for trial, affected, hearing, judgment and disposition, at the terms of the courts as re-
gulated by this act, in the same manner, and with the like effect, as if no changes had been made in the time of holding said courts.
Sec. 3. All recognizances, writs and process, heretofore, or hereafter entered into, or issued, returnable to the terms of the courts as heretofore arranged, shall be deemed and held to be re- turnable to the terms fixed by this act.
CIRCUITS. 27
Sec. 4. New trials may be granted at the spring or fall terms of New trials. said courts, in all cases wherein the parties would be enti- tled to such new trials at the spring or fall terms as now arranged by law.
Approved, February 27, 1847.
AN ACT providing changes in the seventh and ninth judicial circuits, and for fixing the In force, Febru- time for holding courts in the sixth and seventh judicial circuits. ary 27, 1847.
Section 1. Be it enacted by the People of the Slate of Illinois, represented in the G-neral Assembly, That the county of Winnebago Winnebago co. be, and is hereby, attached to the seventh iudicial circuit, and lhea"achfd t0 7th
r^ li l i i • i • i- • i • • circuit, and
county of Grundy be attached to the ninth judicial circuit. Grundy to 9th.
Sec. 2. The courts in the seventh judicial circuit shall be held in the counties thereof, at the following times, to-wit : In the county Time of holding of Lake, on the fourth Monday in March, and the first Monday in enUi circuit?^" September; in the county of McHenry, first Monday in April, and second Monday in September ; in the county of Du Page, the third Monday in April, and fourth Monday in September; in the county of Iroquois, the fourth Monday in April, and first Monday in Octo- ber ; in the county of Will, the first Monday in May, and second Monday in October ; in the county of Roone, the Tuesday next succeeding the third Monday in May, and the Tuesday next suc- ceeding the fourth Monday in October ; in the county of Winneba- go, the fourth Monday in May, and the first Monday in November ; in the county of Cook, on the second Monday in June, and the third Monday in November.
Sec 3. That the courts in said sixth judicial circuit shall be Times ofholding held at the following named places, to-wit : At Dixon, Lee ounty,^?"^ m srx second Monday in April, and third Monday in August ; at Sterling, Whiteside county, on the third Monday in April, and fourth Monday in August; Cambridge, Henry county, on the fourth Mon- day in April, and the first Monday in September; at Millersburg, Mercer county, on the first Monday in May, and the second Monday in September ; at Rock Island, Rock Island county, on the second Monday in May, and the third Monday in September ; at Mt. Car- roll, Carroll county, on the third Monday in May, and the fourth Monday in September ; at Galena, in Jo Daviess county, on the first Monday in October, and fourth Monday in May.
Sec. 4. All process, suits and recognizances which have been, Not to aflect of may be, issued or entered into and made returnable to the courts proceedings as at present arranged, shall be taken and considered to be return- to^^commen- able to the times fixed by this act, and shall be valid to all intents ced. and purposes.
Sec 5. Those cases now pending in the Ogle county circuit Disposition of court, the venues of which have been changed frcm the county of£aseiL. cha"&ed Winnebago, except in cases where it appears from the record that m mne ag°° said changes have been made in consequence of the prejudice of the inhabitants of the county of Winnebago, shall be remanded to the circuit court of Winnebago county.
28 CIRCUITS.
Grundy term. Sec 6. The circuit court in the county of Grundy shall be holden at such time as the judge of the ninth judicial circuit shall appoint.
Sec. 7. All laws and parts of laws conflicting with this act are hereby repealed. This act to be in force from and after its passage.
Approved, February 27, 1847.
In forca, Febru- AN ACT fixing the times of holding courts in the seventh judicial circuit,
ary 22, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assetnlly, That hereafter the circuit courts, in the several counties composing the seventh judicial cir- cuit of the State of Illinois, shall be holden at the several times Terms. hereinafter mentioned, to-wit : In the county of Lake, on the
fourth Monday in March and the first Monday in September, in each and every year ; in the county of McHenry, on the first Monday in April and the second Monday in September, in each and every year ; in the county of Boone, on the third Monday of April and the fourth Monday of September, in each and every year; in the county of DuPage, on the fourth Monday of April and on the first Monday of October, in each and every year ; in the county of Grundy, on the first Monday of May and the second Monday of October, in each and every year ; in the county of Will, on the second Monday of May and the third Monday of October, in each and every year ; in the county of Iroquois, on the fourth Monday of May and the iirst Monday of November, in each and every year; in the county of Cook, on the first Monday of June and on the second Monday of November, in each and every year. Terms of Cook Sec 2. Thai so much of the act creating the Cook county county court ar- court as requires terms of the said court to be held on the first Mondays in August and November, be, and the same is hereby, re- pealed, and the term of said court* shall be holden commencing on the first Monday of October, in each and every year ; and so much Of Jo Daviess of the act creating the Jo Daviess county court, as requires county court. a term of the said court to be held by the judge of the Cook county court on the first Monday in October, be, and the same is hereby, repealed, and instead thereof, a term of said court shall be held by said judge, commencing on the second Monday of November, in each and every year ; that so much of the act fixing the time of holding courts in the sixth judicial circuit, as requires a court to be held in Jo Daviess county on the fourth Monday in October, is hereby repealed, and said term shall be hereafter holden on the third Monday in October, in each year.
Sec 3. That it shall be lawful for the associate justice of the supreme court, presiding in the aforesaid circuit, and the judge of Exchange of cir- Cook county court, by agreement or exchange, to hold any of the courts authorized by law to be holden in said circuit, or in said Cook c mnty court, and whenever special jurisdiction is conferred upon the circuit court, the same shall be taken to extend to, and include the, Cook county court.
CIRCUITS. 29
Sec. 4. That all writs, process, and recognizances which have proceedings been or may be issued, or entered into, and made returnable to, the saved, several circuit courts in said said circuit, as heretofore arranged or fixed, or as at present fixed, or to any special term thereof, and suits and continuances therein which are now pending or undis- posed of, shall be taken and considered to be returnable to the terms fixed by this act, and shall be as valid to all intents and pur- poses as though made returnable thereto.
Sec 5. This act to take effect from and after its passage ; and the State printer is directed to publish the same immediately there- after, and the secretary of State to transmit a copy thereof imme- diately to the clerk of each circuit court in the seventh judicial circuit.
Approved, February 22, 1847.
aN ACT changing the time of holding the circuit courts in the second judicial circuit. jn force Febru- ary 13, 147.
Section 1. Be it enacted by the People of the State of Illinois, rep- resented in the General vlssemblxj, That the circuit courts in the sec-Terms0f COUrt. ond judicial circuit shall be held at the times hereinafter mentioned. In the county of Madison, on the third Mondays of March and Au- gust ; in the county of St. Clair, on the second Mondays after the third Mondays of March and August ; in the county of Monroe, on the fourth Mondays after the third Mondays of March and August; in the county of Randolph, on the Mondays following ; in the coun- ty of Perry, on the Mondays following; in the county of Washing- ton, on the Mondays following ; in the county of Clinton, on the Mondays following ; in the county of Bond, on the Mondays follow- ing ; in the county of r ayette, on the Fridays following ; in the coun- ty of Effingham, on the Thursdays following ; in the guilty of Mont- gomery, on the Mondays following.
Sec. 2. All writs, subpoenas and other process which may have been, or may be issued, made returnable to the terms of courts in said circuit as heretofore required to be holden, shall be deemed and taken proceedings not to be returnable to said terms of courts as required to be holden under affected, this act; and all notices which may have been given, either by publi- cation 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 held under this act ; and all 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.
Sec 3. This act shall, upon its passage, be published in the paper of the public printer, and the secretary of State shall immediately thereafter transmit a copy thereof to each of the clerks of said courts.
Sec 4. All acts and parts of acts, conflicting with the provisions of this act, are hereby repealed. This act to take effect from and after its passage.
Approved, February 13, 1847.
30 CIRCUITS.
In force, Febru- AN ACT more explicitly denning the times of holding courts in the fourth judicial circuit, ary 16, 18 47.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the circuit courts of tthe fourth judicial circuit shall commence in the several counties at the times hereinafter specified, and continue from day to day (Sundays excepted) until all the business is disposed of, unless it shall be necessary to adjourn the court to enable the judge to attend in the next county to hold court. Times of hold- Sec. 2. In the county of Wayne, on the Thursday before the mg courts. £rst Mondays of April and September ; in the county White, on the first Mondays of April and September ; in the county of Edwards, on the second Mondays in April and September ; in the county of Wabash, on the Thursdays thereafter ; in the county of Lawrence, on the Wednesdays thereafter ; in the county of Crawford, on the Wednesdays thereafter; in the county of Clark, on the Mondays thereafter ; in the county of Coles en the Mondays thereafter ; in the county of Cumberland, on the Mondays thereafter ; in the coun- ty of Jasper, on the Thursdays thereafter; in the county of Clay, on the Mondays thereafter, and in the county of Richland, on the Thursdays thereafter. Proceedings not Sec 3. All indictments, recognizances and suits, either at com- to be affected. mon jaw or jn c]lancerVj sh?ll stand for hearing at the times herein specified for holding court, the same as though no change had taken place, and all writs and other process, civil or criminal, shall be, and they are hereby, made returnable, the same as if there had been no change in the times of holding said courts ; and all returns heretofore made, or that may hereafter be made, either according to this act or the acts hereby repealed, shall be taken to be returnable to the terms of court as hereby fixed, and shall be legal and valid in all respects, as if no change had taken place. RepeaPg clause. Sec 4. Mi acts, and parts of acts, coming in the purview and in conflict with this act, be, and the same are hereby, repealed, and this act shall be in force from and after its passage. Approved, February 16, 1847.
In force, Febru- AN ACT supplemental to an act entitled "An act extending the limits of the fifth judi- ary 13, 1847. cial circuit, and fixing the times for holding courts therein," approved, February 6th,
1847.
Section 1. Be if enacted by the People of the State of Illinois, rep- resented inihe General Assembly, That the act to which this is a sup- Previous act plement, be, and the same is hereby, so amended, that the time for holding the fall terms of the circuit courts in the county of Hancock, shall commence on the first instead of the " second" Friday after the commencement of the said courts in the county of Brown ; and that the word ufirsV shall be substituted and stand for the said word "second," in the position or place before referred to in the act to which this is a supplement.
Approved, February 13, 1847.
amended.
CIRCUITS.
31
AN ACT to attach the county of Shelby to the eighth judicial circuit, and for other In force, Febru-
purposes. ary 11, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, [That] the county of Menard Menard county shall hereafter be attached to, and form a part of, the first judicial arched to first circuit, and courts shall be held therein as provided for by law. CirCm '
Sec 2. The county of Livingston shall hereafter be attached Livingston at- to, and form a part of, the ninth judicial circuit, and courts shall beached to ninth held therein at such times as the judge of said circuit shall appoint. circuit-
Sec. 3. The county of Shelby shall hereafter be attached to, andshelb attached form a part of, the eighth judicial circuit, and the times of holding to 8th circuit. courts in said circuit shall be as follows : In the county of Sanga-Times of hold. mon, on the third Mondays of March and November, and the fourth ing courts in Mondays of July; in the county of Tazewell, on the first Wednes-8th circuit' days of April and September ; in the county of Woodford, on the second Thursdays thereafter ; in the county of McLean, on the Mondays thereafter ; in the county of Logan, on the Mondays thereafter ; in the county of DeWitt, on the Thursdays thereafter ; in the oounty of Piatt, on the Mondays thereafter ; in the county of Champaign, on the Wednesdays thereafter ; in the county of Ver- milion, on the Mondays thereafter ; in the county of Edgar, on the Mondays thereafter ; in the county of Shelby, on the Mondays thereafter ; in the county of Moultrie, on the Mondays thereafter ; in the county of Macon, on the Thursdays thereafter; in the county of Christian, on the Mondays thereafter; and all writs, recogni-Not to affect pro- zances, and other process, which have been or may be issued, orceedines com- entered into, and made returnable to any of the said courts, as atmenced>01' ,tobe present arranged, shall be deemed and considered as returnable to the terms fixed by this section; and all cases and proceedings, whether civil, criminal, or in chancery, pending in any of the 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 : And Provided, that no grand jury shall be summoned to attend the No Srand JUI7 summer term of the Sangamon circuit court. for summer term
a T?>i. it to ah in Sangamon co.
Approved, February 11, 1847.
AN ACT to attach the county of Boone to the seventh judicial circuit. In force, Febru-
ary 13, 1847.
Section 1 . Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly, That the county of Boone be, and Boone county the same is hereby, attached to, and for all judicial purposes, shall attached to 7th form part of, the seventh judicial circuit of this State. The judge of circuit- said seventh judicial circuit, is hereby required to hold courts in the said county of Boone, at such times as shall hereafter be pre- scribed by law.
Sec 2. All laws, and parts of laws, that shall come in conflict Repeal,g clause, with this act, are hereby repealed.
Sec 3, This act shall take effect from and after its passage.
Approved, February 13, 1847.
32
CLAIMS— COMMISSIONERS.
In force, March AN ACT to limit the time for persons to bring claims against the State of Illinois. l, ia-17.
Section 1. Be it enacted by the People of the State of Illinois, repre-
au claims to be serded in the General Assembly, That all persons having unliquidated
tiled m secreta- c|aims against the State of Illinois, from any cause whatever, shall
lice, before Jan. make out all the vouchers, and present the claim, together with his
x, 1849. own affidavit of the correctness of the same, pre\ ious to the first day
of January, eighteen hundred and forty-nine, and have the same filed
in the office of the secretary of State, so that future Legislatures
may know what unliquidated claims do exist against the State, and
the grounds upon which they are founded.
Canal claims to Sec. 2. The unliquidated claims arising from the canal, shall all
e pr ' be proved up by witnesses, before the State trustee on said canal,
which shall embrace all the testimony relating to said unliquidated
claims, and no further testimony shall be allowed to be brought in,
to substantiate said unliquidated claims, after they are once filed as
above.
internal im- gEC# 3# All unliquidated claims, arising from the internal im-
beflJreinauditor!SProvemen*; system, shall be proved up the same as before mentioned,
before the auditor of public accounts, and file the same as above;
and any persons having unliquidated claims, shall prove the same
before the auditor and file the claim and pioof in like manner.
Claims barred, if Sec. 4. Any persons having unliquidated claims against the
not filed. State, who do not prove the same up, and file them as above, shall
not be entitled to have them considered after that date ; and hereafter
all unliquidated claims against the State, shall be proved up and
filed as above, within two years from the time such claim may have
arisen ; and any claim not presented and proved up as above, and
filed, shall be forever barred from payment by the State.
Certificate. gEC_ 5# The person hereby empowered to hear testimony, shall
certify all proceedings had before him, under his hand, shall ad-
Testimony. minister oaths to witnesses, who shall testify the truth in all cases,
Perjury. antl ^*or a violation, or for false swearing, in reference to any claim,
the person so swearing shall be punished according to the law in
such cases.
Sec b. This act to be in force from and after its passage. Approved, March 1, 1847.
In force, Febru- AN ACT supplemental to an act entitled, « An act to authorize the appointment of com- | ary24, 1817. missioners in other States," approved March 1, A. D. 1845.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the acknowledgment and! proof of the execution of any deed, mortgage, or other conveyance of any land, tenements, or hereditaments, lying and being in this State, or of any contract, letter of attorney, or any other writing under seal, to be used or recorded in this Slate, which have been or may hereafter be taken or made in the manner directed by the
CONVENTION.
33
act entitled, "An act to authorize the appointment of commission- ers in other States," approved March first, eighteen hundred and forty-five, and certified by any one of the commissioners appointed or to be appointed under said act, before whom the same shall be taken or made, shall have the same force and effect, and be as good and valid in law, for all purposes, as if the same had been taken or made before any officer authorized to take such acknowledgments or proof residing in this State.
Sec. 2. Every commissioner appointed, or to be appointed, by virtue of the act to which this is a supplement, shall have power and authority to administer an oath or affirmation to any person who Oaths, shall be willing and desirous to make such oath or affirmation be- fore him; and such affidavit or affirmation made before such com- missioner shall be as good and effectual to all intents and purposes . as if taken by any officer authorized to administer oaths or affirma- tions resident in this State: Provided, that wilful and false False swearing, swearing in taking such oath or affirmation would, by the laws of the State wherein the same shall be made, be deemed perjury.
Approved, February 24, 1847.
AN ACT to provide for the call of a convention. In f°rce>
* Febiy. 24, 1847.
Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That an election for members to the convention to revise, alter, or amend, the constitution of the State of Illinois, shall be held on the third Monday of April, in theT;meofelec?ion year of our Lord one thousand eight hundred and forty-seven ; the several judges of election, in the several precincts of each county Duty ot jm]ges in said State, shall, upon the day above mentioned, open the polls of of election, their respective precincts, in the manner prescribed by law, for the wh . . ,. election of members of the General Assembly, at the same places at shall be held, which the polls were opened for the election of the members of the present General Assembly, and shall receive the votes of all elec- tors who are qualified by law to choose members of the General Assembly. The electors shall be entitled to vote for as many per-Privjle of e. sons as shall be entitled to a seat in said convention by the provisions lectors, of this act, which votes shall be taken in the same manner as is now how votes shall prescribed by law in elections for members of the General As- be taken, sembly.
Sec. 2. The clerks of the county commissioners' court shall giveDuties of cjepk the same notices, the county commissioners' court shall have the of co. tommis- same power to appoint iudges of elections, the judges of elections sioners' c°urt-
i 11 f A rf J b. . . , , ' - J, b. . Powers of com.
snail nave the same power to appoint clerks of election, as is nowCOUrts,andjudg- prescribed by law for giving of' notices, appointment of judges and es of election, clerks of election, in the election of members of the General As- sembly. The judges and clerks of election, before entering upon Duties of -ud the dutias of their offices, shall take the oath prescribed by law for and clerks of e- judges and clerks of election, and all vacancies in said offices shall Action. be filled in the manner now fixed by law for the filling of such vacancies.
3
:J4
CONVENTION.
Counties.
delegates. Sec. 3. The number of members in such convention shall be one hundred and sixty-two, to be apportioned amongst the several counties in this State, and voted for by the qualified electors of such counties in the following manner, viz : the county of Adams, three members, and Adams and Marquette, together, one member ; Alexander and Pulaski, together, one member ; Bond, one mem- ber ; Boone, one member; Brown, one member, and Brown and Schuyler, together, two members ; Bureau, one member ; Cal- houn and Jersey, together, one member ; Carroll and Ogle, together, one member ; Cass, one member ; Champaign and Vermilion, to- gether, one member ; Christian and Shelby, together, one member ; Clark, two members; Clark, Edgar, and Coles, together, one mem- ber ; Clay, one member ; Clinton one member ; Coles, two members ; Cook, five members ; Crawford, one member ; Cumberland and Ef- fingham, together, one member; De Kalb, one member; De Witt, one member ; Du Page, one member ; Du Page and Will, together. one member ; Edgar, two members ; Edwards and Wayne, together, one member ; Eayette, two members ; Franklin, one member; Ful- ton, four members ; Gallatin, two members ; Greene, three mem- bers ; Grundy and La Salle, together, one member ; Hamilton, one member ; Hancock, five members ; Hardin and Gallatin, together, one member ; Henderson one member ; Henry and Knox, together, one member; Iroquois and Will, together, one member; Jackson, one member; Jasper and Crawford, together, one member ; Jeffer- son, one member ; Jersey, one member ; Jo Daviess, thiee. mem- bers ; Johnson, one member ; Kane, three members ; Kendall, one member ; Knox, two members ; Lake, two members ; La Salle, two members ; Lawrence, one member ; Lee, one member ; Livingston and McLean, together, one member ; Logan, one member ; Mc- Lean, one member ; Mason, one member ; Macoupin, two members ; McDonough, one member, and McDonough and Warren, together, one member ; McHenry, two members ; McHenry and Boone, to- gether, one member ; Madison, four members ; Marshall and Stark, together, one member; Marion, one member; Perry, Washington, and Clinton, together, one member; Marquette, one member; Macon and Piatt, together, one member ; Massac, one member ; Menard, one member; Mercer, one member; Montgomery, one member, and Mont- gomery and Bond, together, one member ; Moultrie and Shelby, to- gether, one member; Morgan, four members; Monroe, two members; Ogle, one member ; Peoria, two members, and Peoria and Fulton, to- gether, one member; Perry, one member; Pike, four members; Pope, one member; Putnam, one member ; Randolph, two members ; Rich- land, one member ; Rock Island, one member ; Sangamon, four mem- bers ; Scott, two members ; Schuyler, one member; Shelby, one member ; St. Clair, four members ; Stephenson, two members ; Tazewell, two members; Union, one member; Vermilion, two members ; Wabash, one member ; Warren, one member ; Washing- ton, one member; Wayne, one member; Jefferson, Marion, and Hamilton, together, two members ; White, two members j White- side, one member ; Woodford, one member ; Winnebago, two mem- bers ; Williamson, one member, and Williamson, Franklin, and Jackson, together, one member, and Will, two members. 0f Sec. 4. The several judges of election shall return the votes given at said election, and the returns shall be canvassed in the
CONVENTION.
35
same manner as is now provided by law for the return of votes and
the canvassing thereof in elections for members of the General
Assembly; and certificates of election shall be given to the persons certificates of
entitled thereto by the same officer and in the same manner aselection-
members of the General Assembly now receive the same; and in
case of contested elections to the convention, the contending candi- Contested elec-
dates shall pursue the same course, and be governed by the same *I0ns.' 1'0W de"
" ■ * i i i • ii. i termined.
rules, as are now provided by law in contested elections to the
Legislature of this State.
Sec 5. The members chosen shall meet in convention at the Convention to
capitol, in the city of Springfield, on the first Monday in June, in™^ at Spring-
the year of our Lord one thousand eight hundred and forty-seven.
They shall be the judges of their own privileges and elections, andTo.be Judses. °'
the members thereof shall have the same privileges to which mem- leggs#own p
bers of the General Assembly are entitled; and shall, by ballot, President, secre-
elect one of their number president, and mav appoint one or more tar!es' printer'
\ ill J i and officers,
secretaries, a printer, and such doorkeepers and messengers as
their convenience shall require; and such members of the conven-Payandmileage* tion shall be entitled to the same mileage for travel, and the mem- bers and secretaries the same per diem allowance, as is now paid to members of the Legislature; and the printer, doorkeeper, and mes • sengers shall receive the same compensation as the same officers receive from the present General Assembly. The amount due each person shall be certified by the president of the convention to Compensation to
the auditor of public accounts, who shall issue warrants upon thebe c.^rtified bv
jt president.
treasurer of the State, and the same shall be paid by the treasurer
in the same manner as other warrants are paid. It shall be the Sec'ry of state
duty of the secretary of State to attend said convention at the °a cnof aco°"
opening thereof, and he, and all public officers, shall furnish such vention: his, and
convention with all such papers, statements, books, or other public °jth?r officers'»
documents in their possession, as the said convention shall order or
require, and it shall be the duty of the secretary of State to furnish
the members with all such stationery as is usual for the Legislature
whilst in session.
Sec. 6. The proceedings of said convention shall be filed in the Proceedings, office of the secretary of State, and the amendments, revisions, or Amendments alterations to the constitution, agreed to by the said convention, &c-, to be rec'or- shall be recorded in his office. The said amendments, revisions, orded in secreta- alterations, shall be submitted by the convention to the people, forj0sbe submitted their adoption or rejection, at an election to be held on the fourth to people on 4th Monday of October, in the year of our Lord one thousand eight ^°nday in 0ct0" hundred and forty-seven, and every person entitled to vote by the who may vote, constitution and laws now in force, may vote thereon, in the election district in which he shall reside, and not elsewhere. The amend- H°w prepared, ments shall be so prepared and distinguished by numbers or other- wise, that they can be voted upon separately, and they shall be so voted upon, unless the convention shall be of opinion that it is impracticable to prepare them so that they can be voted upon in that manner; and if trie said convention shall, by resolution, declare that in its judgment the amendments, revisions, or alterations cannot be prepared so as to be voted upon separately, they shall be voted convention "may upon together. In either case, the convention shall prescribe the prescribe form form or manner of voting, the publication of the alterations, revis-^"^^^ ions, or amendments, and the notices to be given of the election. ments.
3(j CONVEYANCES.
Duties of judges At the election mentioned in this section, the judges of election of election. shall receive the votes in the form to be prescribed by the said convention; and all the provisions of the laws of this State in rela- tion to the election of officers at a general election, shall apply to the voting upon said amendments, revisions, or alterations, so far as the same can be made applicable thereto ; and the votes given upon said alterations, amendments, or revisions, shall be given and canvassed, What proceed- an& a^ proceedings shall be had in regard to them, as nearly as ings shall be had. practicable, in the manner prescriLed by law in respect to votes
vote "before hl^ven for Governor. Jt sna11 be lhe duty of the Governor to lay
gislature. ' before the General Assembly, in joint meeting, at its next session,
the vote for ratifying or rejecting said constitution, or any part
thereof; and if it shall appear to said General Assembly, in such
joint meeting, that a majority of all the votes given have accepted
Duty of the Le-^g constitution so amended, or any part thereof, they shall, by a
joint resolution, declare said constitution to be the supreme law of
the land, and the former constitution abolished ; but if it shall appear
that a majority of votes were given against the said constitution, or
Proviso in favor any part thereof, then the same shall be null and void : Provided,
01 conven ion. ^^ -^ ^e convention shall fix upon any other time for holding the
election, or the manner of canvassing the votes for or against said
amended constitution, and for its taking effect, then such manner as
is pointed out by the convention shall be adopted.
False swearing: gEC> 7^ All wilful and corrupt false swearing in taking any of
the oaths prescribed by this act, or by the laws of this State made
applicable to this act, or any other mode or form in carrying into
effect this act, shall be deemed perjury, and shall be punished in
the manner now prescribed by law for wilful and corrupt perjury.
Public pi inter to gEC# §_ 'p^e public printer is hereby authorized to publish ten
pies of this act. thousand copies for distribution by the members of the Legislature.
sec'ry of statetoThe secretary of State shall cause to be transmitted to the several
ransmi tocl'ks-cier]iS 0f the county commissioners' courts in this State, such a
number of copies of this act as shall be sufficient to supply the
several officers who are to perform duties under this law, and the
said clerks shall distribute the same to such officers.
Approved, February 20, 1847.
In force, AN ACT to legalize the deeds made by the county commissioners of Sangamon county, Feb'ry 17, 1847. conveying the public square to the State.
Absolute title.
Sec. 1. Be it enacted by Vie People of the State of Illinois, repre- sented in the General Assembly, That the deeds heretofore made by the county commissioners of Sangamon county, to the Governor of this State, for the use of the people of this State, conveying the public square in the city of Springfield, on which the Slate house now stands, be, and the same are hereby, declared to be legal and valid, and shall vest in the State, the full and complete title, in fee simple, to the said public square in the city of Springfield, on which the State house now stands.
Approved, February 17, 1847.
CONVEYANCES.
37
AN ACT to amend the twenty-fourth chapter of the revised laws entitled "conveyances " In force,
J • Feb5ry 22, 1S47.
Section 1 . Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That all deeds and conveyances of lands lying within this State, may be acknowledged, or proved, be- fore either of the following named officers, to wit: Any judge orofficers before justice of the supreme or district court of the United states ; anygVt!h°Tm^s°wl" commissioner to take acknowledgements of deeds ; any judge or jus- may be taken. tice of the supreme, superior, or circuit court of any of the United States, or their territories ; any clerk of a court of record ; mayor of a city, or notary public ; but when such proof or acknowledge- ment is made before a clerk, mayor, or notary public, it shall be certified by such officer under his seal of office. Such proofs and acknowledgements may also be made before any justice of the peace; but if such justice of the peace reside out of this State, there shall Certificates of be added to the deed a certificate of the proper clerk, setting forth ter. that the person, before whom such proof or acknowledgement was made, was a justice of the peace at the time of making the same. If such justice of the peace resides within this State, the certificate of the clerk of the county commissioners' court, of the proper coun- ty, under his seal of office, that the person taking such proof or acknowledgement, was a justice of the peace at the time of taking the same, shall be deemed sufficient evidence of that fact; if such justice reside within the county where the lands conveyed are situ- ate, no such certificate shall be required. All deeds and convey- Entitled to rec- ances which have been, or may be, acknowledged or proved in theord* manner prescribed in this section, shall be entitled to record, and be deemed as good and valid in law, in every respect, as if the same had been acknowledged or proved in the manner prescribed in the sixteenth section of the twenty-fourth chapter of the revised laws, to which this act is an amendment.
Sec 2. When any feme covert, not residing in this State, being Deed of feme above the age of eighteen years, shall join with her husband in thecovert valid« execution of any deed, mortgage, conveyance, or other writing of, or relating to, any lands or real estate, situate within this State, she should thereby be barred of, and from, all estate, right, title, interest and claims of dower therein, in like manner as if she was sole, and of full age. And any such feme covert, joining with her husband in the execution of a power of attorney or other writing, authorizing the sale, conveyance, or other disposition of lands or real estate, as aforesaid, shall be bound and concluded by the same, in respect to the right, title, claim, or interest in such estate, as if she were sole and of full age, as aforesaid; and the acknowledgement or proof of such deed, mortgage, conveyance, power of attorney, or other writ- ing, may be the same as if she were sole, and shall entitle such deed, mortgage, conveyance, power of attorney, or other writing, to be recorded as is authorized by this act; and the provisions of this section shall apply to deeds, mortgages, conveyances, powers of attor- ney, and other writings heretofore, as well as those which may hereafter be, executed.
Sec 3. That deeds, mortgages, conveyances, powers of attorney, ?eeds, J&c,1' ?c'
,i •■• c • ° i i J i . • . , J knowledged in
or other writings of or concerning lands, or real estate, situated within other states.
38 COUNTIES.
this State, which have [been] or may hereafter be executed without this State, and within the United States, and which have been, or may hereafter be, acknowledged or proved, in conformity with the laws of the State, territory, or district, in which they were executed, shall be admitted to record in the county or counties wherein the lands or real estate affected are situated; and such deeds, mortgages, conveyances, powers of attorney, or other writings, acknowledged . or proved as aforesaid, when so recorded, may be used as evidence, without further proof of the execution thereof."
This act to take effect from and after its passage.
Approved, February 22, 1847.
In force, AN ACT to fix the pay of county commissfoners.
Febry. 16, 1847.
Be it enacted by the People of ike State of Illinois, represented in
the General Assembly, That the county commissioners' courts of the
several counties in this State may, by an order of said court, allow
to each commissioner any sum not exceeding two dollars and fifty
$2 59perday. cents per day for each day's attendance in holding courts.
Approved, January 16, 1847.
In force, AN ACT to change the name of the county of Marquette, to organize the same, and to Febry. 27, 1847. attach a portion of the county of Adams thereto, to provide for the collection of reve- nue therein, and for other purposes therein mentioned.
Section 1. Be it enactedbyihe People of the State of Illinois., repre- sented in the General Assembly, That the county heretofore known Change of name, by the name of Marquette county, shall hereafter be known and
called by the name of Highland county.
Territory de- Sec. 2. All that part of the now county of Adams, lying east of
fil»cd. a line commencing at the northwest corner of section two (2), in
township two (2), north of the base line, and range seven, west of
the fourth principal meridian, running thence due south, on said
sectional line, eighteen miles, to the township line running between
townships one and two south, thence east on said township line, two
miles, to range line between range six and seven west, as aforesaid,
be, and the same is hereby, attached to, and made a part .of, the
county of Highland, as aforesaid.
Section when ^ec. ^' There shall be an election held in the said county of
and how held, for Highland, on the first Monday of April next, in all the precincts of
county officers. saj(j county, as laid off by the county of Adams, for all the county
officers of the county of Highland, including two justices of the
peace, and two constables, for each of said precincts, which said
elec'ion shall be held and conducted, in all respects, as required by
the general election laws of this State, as is now provided by law :
County com. Provided, however, the county commissioners' court of Highland
missioners : county, shall, at their first session in and for the county of High-
!te(!iied.0f °ff'Celand, determine by lot, as is now provided by law, their respective
terms of office, so that the one shall expire on the first Monday c/f
COUNTIES.
39
August next, and one on the first Monday of August, eighteen hun- dred and forty-eight, and one on the first Monday of August, eigh- teen hundred and forty-nine ; and in case of a contest of any of the Contest : how offices named, it shall be determined according to the laws concern- determined, ing contested elections. *
Sec. 4. Within five days after said election is held, the judges poll-booki i of said election shall make returns of the poll-books thereof, to returned. Wesley D. McCann, at his office in the town of Columbus, in said county of Highland, or, in case of his death or absence, to James A. Bell, at his office in said town of Columbus, who, togeth- er with two justices of the peace of said county, shall meet within eight days from the said day of election, at the office of the said Wesley D. McCann, or James A. Bell (as the case may be), and then and there open and compare said poll-books and returns, as when and how aforesaid, and do and perform all such acts as are required by tJje compared. laws of this State, where returns are made to the clerk of the coun- ty commissioners' court; and the said Wesley D. McCann, or James A. Bell (as the case may be), are hereby required to perform all such duties, in relation to said returns, as the clerks of the county commissioners' courts are required to do and perform under the election laws of this State.
Sec. 5. Sections cne, four, six, nine, eleven, twelve, thirteen; Parts of former fourteen, fifteen, sixteen, and seventeen, of " An act to create theactinforcc" county of Marquette, and for other purposes therein mentioned," approved February eleventh, eighteen hundred and lorty three, be, and the same are hereby, declared a part of this act, except the Exceptions, name Marquette, wherever it occurs in said sections, it shall be s.-j changed as to read Highland, and except the boundaries of Mar- quette county, as fully as if the same were set out in full, and in- corporated into this act; and sections two, three, seven, eight, eigh-Parts of former teen, nineteen, twenty, twenty-one, twenty-two, and twenty-three, act repealed, of said act, are hereby repealed.
St.c. 6. The county commissioners of said county, shall hold County comm'rs their first court in the town of Columbus, in said county of High-00"1'1"? : whe") land, and the courts of justice lor said county, shall be holden in held, said town of Columbus, as aforesaid, until provision by law shall be made to hold them elsewhere.
Sec. 7. As soon as the said county of Highland is organized, the school commissioners of the county of Adams, shall deliver and school funds: pay over to the school commissioners of the county of Highland, aii^Wj&towhoiu, the school funds belonging to the several townships in the county of Highland, and all moneys, notes, and mortgages, appertaining to the same, and, also, all moneys and interest arising from the school, college, and seminary fund, which may belong to the county of High- land ; and the auditor of State is hereby authorized to pay over to Auditor of state the school commissioners of the county of Highland, all moneys j° r?y °vercer" which heretofore have been, and may hereafter be, due and set apart to the county of Marquette, as the portion of the school fund due said county.
Sec 8. All letters of administration which have been, or may Letters of ad- hereafter (before the organization of the county of Highland) be,Illinistra,ion •' granted by the probate justice of the peace of the county of Adams, settled. upon estates lying and I eing in the county of Marquette or High- land, are hereby declared as legal, as if letters, as aforesaid, had
40
COUNTIES.
been granted in the county of Marquette, and the same shall be settled in the county of Adams, as fully as if in said county of Mar- Linbiiity of ex-qu^te; and the liabilities of executors, administrators, and their se- ecutors, &c. curities, are hereby declared the same as if letters had been granted i* by a probate justice of the peace, in and for the county of Marquette; Deeds, &c, re- and all deeds, mortgages, and other instruments in writing entitled corded in Adams to be recorded by the laws of this State, which have heretofore been <-oun y, vai . recorc]eci jn the recorder's office of Adams county, affecting or relat- ing to real or personal property, lying and being in the county of Marquette, or which shall hereafter be recorded in said recorder's office, affecting property in the county of Highland, before the or- ganization of said county, be, and the same is hereby declared, as valid as if they were recorded in the county of Marquette, or Justice of peace: Highland ; and all acknowledgements of deeds, and other instruments former acts of. in Writing, which have heretofore been acknowledged by thejusti- ** ces of the peace of the county of Marquette, and all official acts of said justices of the peace, shall be as valid as if said justices had been duly elected and qualified as justices of the peace of the coun- ty of Marquette. Assessor : his Sec. 9. The assessor of taxes, in and for the county of Highland, duties. for the year eighteen hundred and forty-seven, shall, at the same
time that he makes the assessment for the year eighteen hundred and forty-seven, also make an assessment for the year eighteen hun- Coiiector : his dred and forty-six ; and the collector ol the county of Highland shall duties. collect the amount of State tax for said year eighteen hundred and
forty-six, at the same time, and in the same manner, as for the year what property eighteen hundred and forty-seven: Provided, said assessor, in mak- deciared taxable. jng sa[^ assessment for said year eighteen hundred and forty-six, and the collector, in collecting said tax, shall only make and collect the same upon property which was in, and owned in, said county of Marquette in the year eighteen hundred and forty-six ; and for tho Personal proper- purpose of ascertaining the amount of personal property so owned ty : amount of, £s aforesaid, the assessor is hereby empowered to administer an 'oath to each person liable to be taxed, as aforesaid, and require him or her to answer, on oath, what amount of property he or she res- pectively held, subject to taxation for the year eighteen hundred and forty-six ; and upon refusal to answer, under oath, as aforesaid, the assessor shall be governed as is now provided by law, as in case of refusal. Attached to Ad ^ec ^* That the said county of Highland shall be, and re- nins county fofmain, attached to the county of Adams, for all judicial purposes, judicial purpo- Up t0 the time fixed for the organization of said county of Highland, and until the time for the officers to qualify, as herein provided, and not thereafter. Refusal to or-i Sec 11. In case the said county of Highland shall not organize ganize: effect of. within the time allowed in this act for the said county of Highland to organize, the tract of land, by this bill, attached to said county of Highland, from the county of Adams, aforesaid, by the second sec- tion of this act, shall be and remain a part of the county of Adam?. if not organized, Sec. 12. In case the said county of Highland shall not organize Governor to ap- within four months from the passage of this act, it shall be the du- and ' collector!01" ty °'" l^ie Governor of this State to appoint some suitable person or persons to assess and collect all arrearages ol' taxes due the State of Illinois, and now accruing in the said county of Highland ; said as-
COUNTIES. 42
sessors and collectors giving bond and security, as the law now re- quires to be given by assessors and collectors of the revenue of the State, and having the same rights and powers, discharging the SJu»e^MUties. "" duties, and being in like manner liable, as assessors and collectors now are by the laws of the State of Illinois.
Sec. 13. The election for county officers, as provided in the Election for co. third section of this act, shall be held on the third Monday in April^":whent0 next, as is provided in said section, said election to be held and con- ducted in the same manner as therein provided ; and it is hereby made the duty of the peison to whom the returns of said election is Returns of, for made to meet the county commissioners' clerk of the county of^convraUon' Adams, at his office in Quincy, within four days after the returns when, where, are made to him, for the purpose of comparing the vote and ascer-andhow>made* pining who has received a majority of votes for joint members, from the counties of Adams and Highland, to the convention of this State, and deliver a certificate to the person elected, and transmit a an script of said votes to the secretary of Sta\e ; and the said per- son, to whom the return of the election of Highland county is made, shall make out and deliver to the person elected to the convention of his State from said county, a certificate of election, as aforesaid.
Sec. 14. This act shall be in full force and effect from and after its passage,
Approved, February 27, 1847.
AN ACT to correct and legalize the census of Tazewell county. In force,
Janiy. 26, 1847.
Section 1. Be it enacted by the People of the State of Illinois, Represented in the General Assembly, That the enumeration of the Enumeration of inhabitants of the county of Tazewell, as made by George Parker, George Parker, samuel Rhodes, Catesby Gill, Alexander B. Davis, John Durham, J^0^613' le" r., Jefferson Britt, and Anthony Vincent, being one person from ;ach election precinct in said county, appointed by the county com- missioners' court of said county, on the sixth day of March, eighteen tiundred and forty-six, for the purpose of correcting supposed errors n the return of the commissioner appointed to take the census of jighteen hundred and forty-five, be, and the same is hereby, legalized.
Sfc. 2. The returns as made by the above named persons to the :ounty commissioners' court of said county, on the ninth day of April, iighteen hundred and forty-six, show the actual number of persons in laid county to be nine thousand one hundred and nine, instead of seven Number of in- housand six hundred and fifteen, as returned by the commission- habitants. ;rs appointed by law to take the census of eighteen hundred and brty-five; which number of nine thousand one hundred and nine is, >y this act, deemed to be the true enumeration of the inhabitants of aid county, and to all intents and purposes of as full force and effect us though the same had been done as provided by chapter nineteen '.f the « Revised Statutes."
Sec. 3. The interest arising from the school, college and School, college, ;eminary funds, shall be distributed to said county, and the ap-and seminary >ortionment of representation made upon the enumeration of nine be distributed.
42
COURTS.
thousand one hundred and nine, instead of seven thousand six hun- dred and fifteen, as returned to the office of the secretary of State ; and the "auditor of public accounts " is hereby required, when the next distribution of school funds is made, to issue his order to the col- lector of Tazewell county for the amount which said county has failed to receive, on account of the error in the census returns of said county. Approved, January 26, 1847.
In force, AN ACT supplemental to an act entitled, "An act for the assessment and collection of Febry. 28, 1847, revenue for Hancock county, for 1845, 1846, and 1847."
Section 1. Be it enacted by the People of the State of Illinois , represented in the General Jlssembly, That the eleventh section of an act entitled, "An act for the assessment and collection of revenue for Hancock county, for 1845, 1846 and 1847," approved January 26, 1847, be, and the same is hereby, repealed.
Sec 2. This act to take effect and be in force from and after its passage.
Approved, February 28, 1847.
In force, AN ACT establishing a term of the circuit court in the county of Jo Daviess.
March 1, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a term of the circuit court shall be held at the city of Galena, in the county of Jo Daviess, on the second Monday of March of each year, as heretofore.
Approved, March 1, 1847.
In force AN ACT to change the time of commencing the terms of the_ circuit courts of Massac Febry. 27, 1847. county.
Section 1. Be it enacted by the People of the State of Illinois,
Circuit court in represented in the General Assembly, That hereafter the circuit courts
Massac county. jn amj j-or ^e county of Massac, shall be commenced and held on
the Thursdays following the first day of the terms of the circuit
courts of Johnson county, so that there shall be three days of court
in the said county of Johnson, and one week at each term in
Massac county.
Process, when Sec 2. All writs and process issued and made returnable to
returnable. the circuit court of Massac county, as now organized by law, shall
be taken and deemed to be returnable to the term of said court, as
provided for in this act. This act to be in force from and after its
passage.
Approved, February 27, 1847.
COURTS. 43
AN ACT extending the limits of the fifth judicial circuity and fixing the times of holding In* force,
courts therein. Febry. 5, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county of Pike be, pj]ce county at- and the same is hereby, attached to, and made part of, the fifth tached to 5th cir- judicial circuit of this State. cuit"
Sec 2. That hereafter the circuit courts in said circuit shall be held as follows : In the county of Fulton, on the second Monday Times of hold- in March; in the county of Schuyler, on the second Monday there- i^g courts, after ; in the county of Pike, on the first Monday thereafter ; in the county of Brown, on the second Wednesday thereafter ; in the county of Hancock, on the first Monday thereafter ; in the county of Henderson, on the second Monday thereafter ; in the county of Warren, on the first Monday thereafter ; in the county of Knox, on the first Monday thereafter ; in the county of McDonough, on the first Monday thereafter; in the county of Adams, on the first Monday thereafter ; in the county of Fulton, on the second Monday in August; in the county of Schuyler, on the second Monday thereafter ; in the county of Pike, on the first Monday thereafter ; in the county of Brown, on the first Monday thereafter ; in the county of Hancock, on the second Friday thereafter ; in the county of Henderson, on the second Monday thereafter ; in the county of Warren, on the first Monday thereafter ; in the county of Knox, on the first Monday thereafter; in the county of McDonough, on the first Monday thereafter ; in the county of Adams, on the first Monday thereafter.
Sec 3. All indictments, informations, recognizances, suits, Proceedings, motions, writs, process, and proceedings of every description, civil, criminal, and in chancery, which have been, or shall hereafter, and within the time limited by this act, be commenced, returnable to, or pending in any of the circuit courts in the said judicial cir- cuit, shall be continued over, returnable to, and pending in the said circuit courts, respectively, at the time or times by this act estab- lished for holding each of the said circuit courts ; and no such Not vitiated, indictment, information, recognizance, suit, motion, writ, process, or proceeding shall, for such reason, be quashed, set aside, dis- missed, held void, or in any manner affected or avoided on account of the change hereby made in the time of the holding of the said courts, or any of them.
Sec 4. JN'o right which any party, plaintiff" or defendant, in any Rights preserv- ation of ejectment had by virtue of any law now in force, to a newed> trial in such action, shall be prejudiced, or in any manner taken away by any change or alteration made by this act in the time of holding courts in any of the counties in said judicial circuit; but new trials shall be granted during the spring and fall terms of said court, in all cases where parties would be entitled to new trials at said teims, if the times of holding said courts had not been changed.
Sec 5. The secretary of State shall forthwith, on the passage of this act, cause to be printed and transmitted to each of the clerks of the circuit courts in said circut, ten copies of the same.
Approved, February 5, 1847.
44
COURTS.
Jurisdiction.
Governor's duty.
In force [AN ACT to establish district courts in the State of Illinois.
Feb'ry 20, 1847.
Section 1. Be it enacted by the People of the State of Illinois j
Court establish- represented in the General Jlssimbly, That there shall be, and hereby
ed. is, created and established a district court in and lor each judicial
circuit of the State of Illinois, to be called the district couit in and
for the judicial circuit, which shall be a court of record, and
shall be held by the judge of the circuit, in such part of his circuit as may be convenient and suitable.
Sec. 2. The said district court shall have jurisdiction in all criminal cases arising in said circuit on indictment, as herinafter specified.
Sec. 3. The Governor of the State of Illinois, whenever he is satisfied that it is essential to preserve law and order, and put down rebellion or mobs, or combinations to prevent the execution of law, shall require, by notice in writing, the said judge of the district court in which district such illegal and criminal offences may be committed, to call a term of such district court, within thirty days Duty of judge, after such requisition and notice; and it shall be the duty of said judge immediately to fix upon a time and place of holding said dis- trict court, within the period aforesaid, and to issue a precept to each of the sheriffs of the several counties in his judicial circuit to summon, from each of said counties, a fair proportion, to be fixed Jurors. Dy scud judge, of grand and petit jurors for said district court; the
said judge shall cause notices of the time and place of holding said district court to be put up at three ol the public places in each of the counties of his judicial circuit, one of which notices shall be placed on the outer door of the court house, in each of said counties. Qualifications of Sec 4. The said jurors shall possess the same qualifications Jurors. that are required for jurors now by law, except as to residence:
Provided, that they shall be residents of said judicial circuit, and the said district court shall have power to summon talesmen of said cir- cuit, if there may not be, at any time, sufficient jurors in attendance. Grand jury. Sec. 5. The grand jurors shall be sworn, and proceed in all re-
spects in procuring and hearing testimony in behalf of the people of the State of Illinois, and finding bills of indictment as in circuit courts; except that they shall not have power to try cases coming up from any part of said district, except from the county or counties which are set forth in the proclamation of the Governor as being in a state of riot, or eombination against the laws. Circuit attorney Sec ®* The date's attorney of said judicial circuit shall be no- to be notified, tified of the time and place of holding said district court, by said Prosecutor. judge, and shall act as prosecutor for the people at said court; and the said court shall have power to appoint a prosecuting atlorney, pro tern, or an assistant prosecuting attorney; which prosecutor pro tern, or assistant prosecuting attorney, shall be allowed for his ser- vices during the term, not exceeding two hundred dollars, to be cer- tified by the judge, and paid out of the treasury.
Sec. 7. The said judge shall appoint a marshal, who shall exe- cute such bond, with such security as the said judge may require, to conform as near as may be to the official bonds of sheriffs ;
Talesmen.
Marshal.
COURTS. ^g
the said marshal shall perform all the official duties in said district, re- Duties, quired of sheriffs, in their respective counties, in criminal cases.
Sec. 8. The judge shall also appoint a clerk, who shall execute Clerk, such bond, and with such security as the judge may require, to con- Bona. form as near as may be to the official bonds of clerks of the circuit court ; the said clerk shall perform all the official duties in said dis- Duty* trict court, that are required of clerks of the circuit court in criminal cases.
Sec 9. The process of said district court shall be issued to the Process: how marshal, and may be executed by him, and all the sheriffs and con-serve ' stables of the State of Illinois. It shall be tested in the name of said clerk, and under his private seal until a public seal is pro- vided.
Sec 10. In case the time fixed by the said judge for holding said district court, shall interfere with the time of holding circuit court in any county of his said circuit, it shall be the duty of the said judge i fy the clerk of said circuit court thereof, which clerk of such circuit court shall cause notice to be posted up in every precinct of such county, that the said circuit court will not be held; and the said Circuit court circuit court of said county shall stand adjourned to the next regular jja^m, lspens" term thereof, and all cases and matters pending therein continued.
Sec 11. If the said judge of the said circuit court shall, from Another judge any cause, be unable to attend the said district court, any other judge may Lttend' of the circuit courts of this State may perform the duties with like power and jurisdiction; and the judge of said district court shall have power to call to his assistance, at said court, any other circuit judge in said State.
Sec 12. All the rules, proceedings, and practice, in said dis- Rules and prac- trict court shall conform as near as maybe to the rules, proceedings, tlce* and practice of circuit courts in the State of Illinois in criminal cases, and the judgments shall be of the same form and effect, and all the provisions of the criminal code shall be complied with, so far as may be applicable to said district court.
Sec 13. The said judge may, whenever he deems it necessary to execute process, or enforce order, direct the said marshal to sum- Posse, mon such posse as said judge may think proper, to aid and protect the court in exercising the laws and giving persons charged with offences an impartial trial ; which posse shall be allowed one dollar, each, per day, for their services, to be certified by the judge, and paid out of the State treasury.
Sec 14. When any person or persons who may be indicted in any county circuit court, for any crime or misdemeanor, shall after- wards be indicted for the same offence in said district court, before trial in said circuit court, the said indictment in said district court shall operate as a noil", prosequi upon said indictment in said circuit Nolle prosequi, court. But nothing in this act shall be construed as depriving the circuit court, of the proper county, of concurrent jurisdiction with sai I district court, at any time when said district court is not in session.
Sec 15. The said judge shall have power to adjourn from day Adjournment. to day, and from time to time, until all cases pending in the said dis- trict court are disposed of.
Sec 16. All costs, fines, penalties and forfeitures, had or taken Costs, fines and before said district court, shall enure to the benefit of the State 0f recognizances.
46
CRIMES.
Illinois; and cognizances taken and forfeited in said court may be sued upon in any county circuit court, where the cognizors, or any of them, reside.
Sec 17. Where imprisonment is a part of the punishment, the defendent may be imprisoned in any jail in said circuit, and the said marshal may confine any person in his custody in any of said jails for safe keeping- Writs of error. Sec 18. Writs of error to the supreme court of said State, shall be allowed from said district court, in all respects, as from Fee8« circuit courts.
Sec. 19. The marshal shall be allowed for his services the same fees as are allowed sheriffs for similar services, in civil cases. The clerk the same fees as are allowed clerks of the circuit court for similar services in civil cases. The grand and petit jurors, and witnesses in "behalf of the people, one dollar each per day, and one dollar for every twenty miles necessary travel in going to and re- * resumptions, turning from said court; all of which fees shall be certified by said judge, and paid out of the State treasury.
Sec. 20. After trial and verdict, the same presumptions h s exist in favor of the jurisdiction of said district court, and the same regularity of its proceedings, that exist in favor of the proceedings Custody of rec-and jurisdiction of circuit courts of this State.
ords- Sec 21. After the adjournment of said district court, the papers,
records, and proceedings of said court, shall be preserved by said
clerk, or by such person as the said judge may designate, for their
safe keeping, by order of said district court.
Approved, February 20, 1847.
In force, AN ACT allowing persons arrested on criminal charges to remove the place of examina- Feb'ry 11, 1847. tion, as therein provided.
Be it enacted by the People of the State of Illinois, represented in the Wanner and General Assembly, That when any person is arrested on any crim- change.8 ° ^na^ charge, and taken before any justice of the peace for examina-
tion, he or she shall have the privilege of removing said examination from before said justice, upon filing an affidavit that said justice is so prejudiced against him or her that he or she believes they cannot have a fair and impartial investigation before said justice ; and upon the filing of said affidavit, it shall be the duty of said justice to transmit all the papers connected with, or growing out of, said ex- amination, to the next nearest acting justice of the peace, or, in case of his absence or sickness, before any other justice of the peace of the next adjoining precinct in the county, who shall pro- ceed to hear and determine the matter as though the same had Constable's duty been originally commenced before him: Provided, the constable having the defendant in charge shall hold him in his custody until the complaint shall be heard and disposed of by the justice to whoifl the papers shall be sent as aforesaid. Approved, February 11, 1847.
DBAF AND DUMB— ELECTIONS— ESTRAYS. 47
I
AN ACT making further provisions for the education of the deaf and dumb. In force, •
Feb.. 23, 1847.
Section 1. Be it enacted by the People of the State of Illinois,, represented in the General Assembly, That the appropriation in aid of the funds of the Illinois asylum for the education of the deaf and dumb shall be, and the same is hereby, increased three thou- Appropriation sand dollars annually, and the auditor of public accounts is hereby mcreased» authorized and required annually to issue his warrant on the trea- surer for the same, which shall be paid out of any money not otherwise appropriated : Provided, that the Legislature may at any time repeal this act.
Approved, February 23, 1847.
AN ACT to amend the seventh section of the thirty-seventh chapter of the revised In force,
laws of one thousand eight hundred and forty-five, in relation to elections. Feb'ry 23, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the seventh section of the thirty-seventh chapter of the revised statutes of A. D. one thousand eight hundred and forty-five, be, and the same is hereby, so amended, as to give the county commissioners of the several counties in this State, power and authority to establish more than one set of judges of election in such precincts in their respective Judges of elec- counties, when, in their opinion, the same may be necessary, for thetl0n increased- purpose of receiving votes at all general or special elections ; and the said county commissioners may appoint as many sets of judges of election, in any precinct in their counties, as, in their judgment, may be necessary for the convenience of the voters: Provided, they shall not establish more than one set of judges of election in any Restriction, precinct where less than three hundred votes are usually polled at a general election. This act to be in force from and after its passage.
Approved, February 23, 1847.
AN ACT to amend "An act changing the estray law," approved March third, eighteen In force,
hundred and forty-five. Feb'ry 28, 1847.
Section 1 . Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no horse, mare, colt, mule, or ass, shall be taken up and posted between the first day of April and first day of November, unless the same be found out of the range of the proper owner, or within the lawful fence or inclosure of the taker up, having broken in the same, or manifestly running away from the owner.
48
FUGITIVES FROM JUSTICE— FEES.
Sec. 2. That from and after the passage of this act, no person who is not a householder of the county, shall he permitted, under the law to which this is an amendment, to take up and post any e stray animal enumerated either in this act or the act to which this is an amendment. This act to take effect from and after its passage.
Approved, February 28, 1847.
In force AN ACT to Provide *°r tne apprehension of fugitives from justice.
Feb>ry27, 1847.
Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Assembly, That it shall be lawful for the county commissioners' courts of the several counties in this State, by an order to be entered upon their records, to fix upon a sum not ex- Reward for fugi-ceeding one hundred dollars, as a reward to be paid to any person tives. w}10 shali hereafter pursue and apprehend, beyond the limits of the
county where the offence shall have been committed, any person guilty of any felony or other high crime, which reward shall be paid by the county where the offence was committed, on the con- Proviso, viction of the criminal : Provided, nevertheless, that said reward shall not disqualify the person entitled thereto lrom being a witness.
Sec 2. It shall be lawful for the county commissioners' courts of the several counties in this State, to enter an order upon their records, allowing to any person or persons, who shall have aided or assisted in the pursuit, or arrest of any person or persons suspected or accused of any felony, or other high crime, committed in their county, such reasonable sum as said county commissioners shall County to pay deem just, lo defray the expenses of the person or persons in aid- expenses, ing or assisting in the pursuit or arrest of such offender or offenders, in making such pursuit or arrest ; which sum so allowed, shall be paid out of the county treasury, in the same manner that other coun- ty expenses are paid.
Approved, February 27, 1847.
In force, A^ ACT to amend chapter forty .one of the revised statutes in relation to fees, approved, Feb'ry 27, 1847. March 3, 1845.
Section 1. Be it enacted by the People of the State of Illinois, repre- sented in the General Jtssembly, That the county commissioners' court of any county in this State, may, if they shall deem it expedi- Fees of sheriti'ent to do so, allow the sheriff of their county any sum. not exceed- for summoning -n^ ^en (i0narSj for summoning the grand and petit jurors, for each term of the circuit court; which sum, when so allowed, shall be paid out of the county treasury, upon the order of said court, and shall be in full for said service. Repeal'g clause. Sec 2. So much of the law now in force, entitled " fees and salaries," as relates to sheriffs' fees for summoning grand and petit jurors, be, and the same is hereby, repealed. This act shall be in force from and after its passage. Approved, February 27, 1847.
FEES—GOVERNOR.
49
AN ACT to raise the fees of grand and peti^jurors. In force,
Feb'ry 4, 1847*
Section 1. Be it enacted by the People of the State of Illinois, rep- resented in the Geneial Assembly, That from and after the passage of this act, instead of the compensation now allowed by law, there shall be paid to each and every juror, grand and petit, the sum of one dollar, for each day's attendance at court, to be allowed and paid$i per day, as already provided by law.
Sec 2. And there shall also be allowed and paid to grand and Mileage, petit jurors, for every mile of necessary travel, to be computed from the place of holding courts, to the residence of the juror, five ■cents per mile, to be paid out of the county treasury, as now pro- vided for by law, for the payment of grand and petit jurors.
Sec. 3. Section 1(5 of the act concerning jurors, approved, RepeaPg clause. March 3d, 1845, be, and the same is hereby, repealed.
Sec 4. This act shall take effect and be in force from and after its passage.
Approved, February 4, 1847.
AN ACT to authorize the Governor to pay William E. Armstrong and others the amount jn f0rCe,
of a certain judgment. Feb'ry 27, 1847.
Section 1 . Be it enacted by the People of the State of Illinois, rep- resented in the General Assembly, That the Governor of this State is G0vernor to pay hereby authorized, and required, to pay to William E. Armstrong, money. ANilliam L. Perce, Jacob Clay pool, and Perry A. Claypool, late contractors on section one hundred and twenty-six (126), of the Illinois and Michigan canal, the sum of one hundred and fifty-one dollars and fifty cents, with interest on the same from the second day of October, one thousand eight hundred and forty-four.
Sec 2. The said payment shall be made in the same kind ofFundstobepaid. funds which has heretofore been paid to contractors, for damages on the said canal, under the act of the General Assembly, approved, February the twenty-first, one thousand eight hundred and forty- three, and when so paid, to be in full satisfaction of a judgment ren- dered in favor of the said Armstrong, Perce, Claypool, and Claypool, before the lion. II. M. Young, in the circuit court of Grundy county, at the September term, one [thousand] eight hundred and forty- three. This act to take effect and be in force from its passage.
Approved, February 27, 1847.
AN ACT to authorize the repairing of the Governor's house. _ »
In force,
Feb'ry 11,1847, Section I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the secretary of State is 4
50
GOVERNOR.
Duty of secreta- hereby required to contract with some suitable mechanic to repair ry of state. the house formerly occupied by the Governor of Illinois, in the city Kind of repairs, °f Springfield, to paint the same inside and out, build a new well- house, repair the fencing around the lot, and repair the floors, plastering, hearths, windows, base, and all other repairs necessary to make said house a comfortable and convenient residence for the Governor's family.
Sec. 2. When the work shall have been completed, and received by the secretary, he shall certify the amount due the contractor or contractors ; upon the presentation of said certificates, the auditor Payments, of public accounts shall draw his warrant on the treasurer for the amount due said contractors, as certified by the secretary of State as aforesaid.
Approved, February 11, 1847.
In force, AN ACT to authorize the Governor to pay certain drafts held by Messrs. Lyon and
Feb'ry 4, 1847. Howard.
Section 1. Be it enacted by the People of the State of Illinois, Duty of Gover-represented in the General Assembly, The Governor is hereby nor- directed and required to pay Messrs. Lyon and Howard, in inter-
nal improvement scrip, bearing interest in the usual form, the amount, with interest, of certain drafts drawn by the commissioners of internal improvements upon the fund commissioner of the State of Illinois for work done on the Illinois river improvement, said drafts being numbered, respectively, seven hundred and eighty- eight, seven hundred and eighty-nine, seven hundred and ninety, seven hundred and ninety-one, seven hundred and ninety-three; the payment to be made as soon as said Lyon and Howard shall deliver to the Governor the drafts now held by them, duly receipted : Proviso. Provided, that the scrip issued for the interest due upon said drafts
shall not bear interest.
Approved, February 4, 1847.
In force A^ ACT *° authorize the Gnorover to refund certain moneys.
March 1, 184T.
Section 1. Be it enacted by the People of the State of Illinois, Governor requi- represented in the General Assembly, That the Governor is hereby red to issue cer- authorized and required to issue certificates of canal indebtedness to tain3 canal* con- sucn contractors as received portions of one hundred and forty-two tractors. State bonds, from the board of commissioners of the Illinois and
Michigan canal, from which one of the coupons for six months in- terest was detached, for the sum of thirty dollars on each bond re- ceived as aforesaid, and upon which no allowance has been received. Approved, March 1, 1847.
HISTORICAL SOCIETY. 5 \
AN ACT to incorporate the Illinois literary and historical society. In force,
Fcb'ry 11, 1S47.
Whereas, the members of a society, instituted at Upper Alton, July, Preamble. 1843, for the purpose of collecting, preserving, and diffusing in- formation, relating to the history of Illinois in particular, and of American history generally, have applied for an act of incorpora- tion,
Section 1. Be it enacted by the People of the Slate of Illinois, represented in the General Assembly, That Cyrus Edwards, presi- dent, Sydney Breese, J. B. Turner, William T. Brown, Jesse B. Thomas, J. W. Browning, vice presidents, and Adiel Sherwood, J. M. Peck, and M. G. Atwood, secretaries, and such other persons as are now, and may, from time to time, become members of said so- ciety, be, and they are hereby, declared and constituted a body cor- Officers and porate and politic, by the name of "The Illinois literary and historical members incor' society," and by that name shall have perpetual succession, and be General' powers, capable to sue and be sued, to plead and be impleaded, answer and be answered unto, defend and be defended, in all courts or places whatsoever; to have a common seal, and to aller it at pleasure; to make a constitution, and such by-laws, not repugnant to the con- stitution and laws of this State, or of the United States, as shall from time to time be necessary; to annex to the breach thereof such pen- alty, by tine or expulsion, as they may deem fit ; and to purchase, take, receive, hold, and enjoy, to them and their successors, any goods, chatties, lands, tenements, to sell, lease, or dispose of the same at pleasure : Provided, that the clear annual income of such Amount of real real and personal estate shall not exceed five thousand dollars : */7nciestate' Provided, a/50, that the funds of said corporation shall be used for the purposes only, stated in the preamble of this act.
Sec 2. And be it further enacted by the authority aforesaid, That said society shall have power to elect and qualify such officers as officers, they may deem necessary, who shall hold their offices according to the constitution and by-laws of the society.
Sec. 3. And be it further enacted by the authority aforesaid, That it shall be the duty of the Governor of the State to deliver to the journals, &c, to agent of the society, a set of the acts and journals of the present andl,e furnished u>- future sessions of the Legislature, and of those passed from the or-seciyo a e* ganization of the State, if any spare copies are found in the secreta- ry's office, and copies of all other documents that shall be printed by its order, and that said society, by its agents, may have access, at all To have free ac" reasonable times, to the several public offices of this State, and ofCe the corporate towns and cities thereof; and may cause such docu- ments as they may judge proper to promote the objects of the society, to be searched, and copied, under the direction of the keepers of said records, without paying any office fees.
Sec 4. And be it further enacted, That this act shall be a public Public act. act, and shall be construed benignly and favorably, for every bene- ficial purpose, and no misnomer of said corporation, in any deed, will, devise, gift, grant, or other instrument of conveyance, shall vitiate or defeat the same: Provided, the intention of the parties, from the instrument itself, can be ascertained.
52 INSANE HOSPITAL.
saving clause to Sec 5. And be it further enacted. That should the said society college. af. any [\me become extinct, the books, maps, charts, manuscripts, and
all the property belonging to the same, shall be preserved in the custody of the librarian of Shurtliff college, for the benefit of the future historian of the State. saving clause to Sec b". In case the society, hereby incorporated, shall become State* dissolved, all the donations made prior to such dissolution, to said
society, by the State, shall thereupon revert to, and become the pro- perty of, the State.
Approved, February 11, 1847.
In force A^ ACT to establish the Illinois State hospital for the insane.
March 1, 1S47.
Section 1. Be it enacted b\< the People of the State of Iilnois, represented in the General Assembly, There shall be established, as soon after the passage of this act as shall be practicable, at, or
Name, style and within four miles of, the town of Jacksonville, in the county of
location. Morgan, in this State, an institution to be styled and known as the
Illinois State hospital for the insane.
Persons incor- Sec 2. That Joseph Morton, James Dunlap, John J. Hardin,
porateci. John Henry, Samuel D. Lockwood, William Thomas, Bezeleel
Gillett, Nathaniel English, and Owen M. Long, of Morgan county, shall constitute a body politic and corporate, by the name and style of the " Trustees of the Illinois State hospital for the insane," who shall manage and direct the concerns of the institution, and
By-laws. make all necessary by-laws and regulations for their own governance
as may not be inconsistant with the laws and constitution of this State 5 they shall have power to hold, dispose of, and convey all real and personal property conveyed to them by gift, devise, or otherwise, for the use of the institution ; they shall serve without
Compensation, compensation, and shall serve as follows, to be determined among thein by lot, viz : Three of them shall serve for one year, three for two years, and three for three years, from the passage of this act, and until their successors are appointed and qualified ; and at the expiration of the respective terms of office, the vacancies shall be
Appointmen.s. filled by appointments for three years, to be made by the Govt '-nor of the State. Should any vacancy occur, by death, resignation, or otherwise," such vacancy shall be filled by the Governor by an ap- pointment for the unexpired term of the trustee whose plact was thus vacated. The said trustees shall have charge of the general
Superintendent, interest of the institution; they shall appoint the superintendent,
Assistant. assistant physician, and steward, and fix the amount of their salaries.
Physician. The superintendent shall beaskillful physician, and shall be appoint- ed for a term of two years, during which time his salary shall nut be reduced ; he shall be subject to removal only for infidelity t i the trust reposed in him, or incompetency to the discharge theree ; he shall be a married man, and with his family reside in the i:: tu- tion. The trustees, by and with the advice and consent of the • Governor, shall make such by-laws for the government of the in- stitution as shall be necessary. They shall appoint a treasurer,
INSANE HOSPITAL. 53
who shall give bond to the Governor and his successors in office, By-laws, for the use of the people of the Slate of Illinois, for the faithful Treas,urcr- discharge of the duties of his office : they shall determine his com- . , . pensation for services, also the salaries of such other officers and as- sistants as may be necessary to the able and economical administra- tion of the affairs of the institution.
Sec 3. The said trustees are authorized to purchase or obtain, by tyrant or otherwise, not exceeding three hundred acres of land,Land' situated as aforesaid, which said tract of land shall have a never- failing supply of water on the premises, and be conveniently situa- ted for necessary supplies of fuel. For the purpose of securing said land, if necessary, as also for the purpose of erecting and constructing the hereinafter described buildings, and meeting such Buildings. expenditures as may be incidental to the erection and completion of the said hospital and appurtenances, there is hereby appropriated the proceeds of a tax on all the taxable property in this Stale, oJ Tax. the one fifth of a mill on the dollar's worth of such taxable proper- ty ; which said tax shall be continued for three years, and shall , in addition to the taxes now provided by law, be levied as other taxes are now raised and paid into the treasury, to be disbursed as here- inafter provided.
Sec. 4. At any time after the said site shall have been secured, not exceeding three months, the said trustees shall contract for the shall contract erection of the necessary buildings and out-houses, and the im_ for buildings, provement of the ground appertainingthereto, on the most improved plans, having reference to commendable prudence : Provided, that Desciiption of the hospital building shall be constructed in the most approved Ulkl"!='s- manner, of brick or unhewn stone, the partition walls to be brick, and to contain flues for heating, ventilators, and also water pipes; the roof to be fire proof.
Sec 5. The said trustees, on or before the first day of the Report t^Lcgis- meeting of the General Assembly of this Stale, at every session lature- thereof, [shall] lay before each branch of the same, an exact account of all the contracts, expenditures and liabilities which they shall have incurred or authorized in the execution of their duties, with vouchers for the same ; and in case of their failure to do so, their authority to issue on the State treasury to cease ; and the trustees shall so construct and complete the said buildings, out-houses, and improve- ments, as the same may accommodate two hundred and fifty patients and the necessary attendants ; and the whole cost of so doing shall not exceed sixty thousand dollars.
Sec 6. The said trustees shall, before entering upon the duties Bond. of their office, give bonds, with such security as may [be] required by the Governor, for the faithful and proper application of the funds placed in their hands, and performance of their duties.
Sec 7. The treasurer of the State is hereby directed to receive Treas,,. of sta(e. from the collectors of the several counties in this State, the moneys arising from the tax levied by this act, and to keep secure the same as a separate fund, to be styled and known as "the fund for the insane," and shall therefrom pay out to the said trustees, on the warrant of the Governor, such sums of money as they may require for buildings and improvements contemplated "by this" act. not ex- ceeding the amount of said fund, at such times as the same may be' required ; and the said Governor and treasurer shall make reports
54 INSANE HOSPITAL.
Governor and 0f their transactions, in connection with the said disbursments, at
port! their so reporting : Provided, that the money constituting the said
fund shall, under no circumstances, be applied to any other pur- pose than those now herein provided for.
Power of Super- Sec 8. The superintendent shall appoint and exercise entire
intendent. control over all subordinate officers and assistants in this institution, and shall have entire direction of the duties of the same.
To take and Sec. 9. The said trustees and their successors in office shall
hold lands, &.c.,}jave p0vver to take and hold In trust, for the use and benefit of the institution, any grant or devise of lands, and any donation or be- quest of money or other personal property, to be applied to the maintenance of insane persons in or to the ordinary purposes of the institution.
Admission of Sec. 10. The admission of insane patients from the several
mmates. counties of this State shall be in proportion to the population of the
same : Provided^ that each county shall be entitled to send at least one insane patient.
indigent per- Sec. 11. Indigent persons and paupers shall be charged for medical attendance, board and nursing, while inmates of this insti- tution, no more than the actual cost attending the same. Paying patients, not chargeable to the counties, shall pay such sum or sums, for the privileges of the institution, as shall be determined upon by the trustees.
insane paupers. Sec 12. The county commissioners' courts of the several counties of this State shall have authority to send to this institution such insane paupers in their county, as they may deem proper sub- jects ; and on so doing, shall provide, in advance, the costs and charges attending the treatment of such insane pauper, to be paid to the proper officer of the institution.
Power of courts. Sec 13. The courts of this State shall have power to commit to this institution any person who, having been arraigned upon a charge of any capital or felonious offence, has been found by the jury to have been and to be insane at the time of such arraignment; the expenses of
insane persons, such person so committed, if in indigent circumstances, shall be paid by the county in which he or she may have resided at the time of the commission of the alleged offence , it shall be the duty of the court, however, in all cases, to ascertain the condition of such per- son, and the nature and intent of his or her property, if he or she have any, and certify the same to the trustees of the institution $
Mode of paym't. ailfj if such person have no property, then certify to the said trus- tees the name of the county in which such person resided at the time of the commission of the offence charged. In all case's where such person shall be possessed of property, real or personal, in his or her own right, and the same is certified to the trustees as herein
Lien upon prop- provided, a lien is hereby declared to exist on all such property in
"'y* favor of said trustees from the time of the arrest of such person, or,
if not arrested before indictment found, then from the date of the finding of such indictment, to the extent of the regular charges of the institution, for the care and attention bestowed on such person.
County comm'rs Sec. 14. If the county commissioners of any county, or the person to whom any patient sent to this institution is chargeable, shall neglect or refuse, upon demand made, to pay to the trustees the expenses, ordinary and extraordinary, of such patient, the
JAILS AND JAILORS. 55
trustees are authorized and empowered to collect the same by pro- ceedings in any court of competent jurisdiction.
Sec. 15. If any person shall apply to the circuit court of any Application to county in this State for the commitment to this institution of any Clrcuit court- insane person within the jurisdiction of the same, it shall be the duty of such court to inquire into the fact of insanity as is now provided by law, and if such court shall be satisfied that such per- son is, by reason of his or her insanity, unsafe to be at large, or is suffering from unkindness, cruelty, hardship, or exposure, it shall thereupon commit such insane person to this institution, making inquiry as to his or her property, and certifying as hereinbefore provided, the expenses of such person, to be defrayed precisely as is pointed out in the thirteenth section of this act.
Sec 16. In admitting patients into this institution, the indigent indigent insane insane in this State shall always have precedence 5 and while thet0 nave Pre'er- provisions of the institution are not sufficient to meet all applica- tions for admission, recent cases shall have preference over those of chronic character.
Sec 17. The Governor, justices of the supreme court, andEx-offlcio visit- members of the legislature, shall be ex-officio visitors of the insti-ors' tution.
Sec 18. This act shall take effect and be in force from and after its passage.
Appkoved, March 1, 1847.
AN ACT to amend the law in relation to jails and jailors. WW* jn force,
Section 1. Be it enacted by the People of the State of Illinois '
represented in the General Assembly, That it shall be the duty of the several sheriffs and jailors in the several counties in this State, to sherifl'to furnish furnish, for the use of the jails of their respective counties, a suffi- blankets, &c ciency of good blankets and bedding, for the comfortable lodging of all persons that may, from time to time, be confined therein ; and it shall also be the duty of said sheriffs or jailors to keep their jails clean, and in such order and condition as will not endanger the health of persons that may be confined therein.
Sec 2. It shall be the duty of the county commissioners' courts Comm'rs court of the several counties in this State, to make such an allowance,10 make aiiow- from time time, out of the county treasury, as shall be just and right, for the articles required to be furnished, as is provided for in the first section of this act.
Sec 3. Any sheriff or jailor who shall fail or refuse to comply penalty, with the provisions of the first section of this act, shall be liable to indictment, and, upon conviction thereof, be fined in any sum not exceeding fifty dollars, before any court having jurisdiction cf the same.
Sec 4. So much of the existing laws as allow sheriffs or Jail-Rerjear i ors thirty seven and a half cents per day for dieting prisoners, be, and the same is hereby, repealed ; and hereafter the county com- missioners' courts, of the several counties in this State, shall make Compensation such an allowance therefor, not to exceed thirty seven cents per day, t0 Jailor. as they shall deem just and proper.
Appkoved, February 28, 1847.
5g JUSTICES OF THE PEACE— LOTTERIES.
In force, AN ACT to provide for recording transcripts of judgments of justices of the peace.
June 1, 1847.
Section 1. Be it enacted by the People of the State of Illinois 7 represented in the General Assembly, That the clerk of the circuit court of each county in the State, shall procure a well bound book, Justices' tran- *n which to record the transcripts of judgments of justices of the scripts to be re-peace, filed in his office for the purpose of obtaining executions to be levied on real estate ; and all such transcripts shall be recorded at length, in said book, before any execution is issued thereon.
Sec 2. Transcripts of judgments of justices of the peace, here- tofore filed with clerks of the circuit court, for the purposes men- tioned in the foregoing section, shall be recorded in said book, at the request and cost of any party or person intrusted, [interested] Fees- either in the judgment or proceedings had under the same. The lee
for recording transcripts hereafter hied, shall be changed [charged] against the plaintiff or person riling the same, and taxed in the bill of costs against the defendant, what transcript Sec 3. Transcripts hereafter filed shall contain a copy of the shall contain, original and each subsequent summons or process issued by the justice of the peace, the return of the officer or officers thereon, the judgment and the execution or executions issued thereon, with the return of the officer or officers upon the same; and no execu- tion shall hereafter be issued upon a transcript, unless the same be made conformable to this act.
Sec 4. Every transcript desired to be used for the purposes mentioned in this act, shall be certified by the justice of the peace making the same, to be truly copied from the files and books of his , office. This act to take effect on the first day of June next. Approved, February 27, 1847.
In force, AN ACT in relation to lotteries, and to prohibit the vending and selling of lotJery
May 1, 1847. tickets.
Section 1. Be it enacted by the People of the State of Illinois , represented in the General Assembly, That all laws or parts of laws Repeai'g clause. establishing any lottery, or lotteries, in this State, for any purpose whatever, be, and the same are hereby, repealed.
Sec. 2. All laws or parts of laws authorizing the selling or ven- ding of lottery tickets, are hereby repealed. Penalty for keep- Sec 3. If any person or persons shall hereafter keep an office, mg lottery office. r oorrii or p]ace? for the sale or other disposition of lottery tickets in this State, he or they snail be liable to indictment ; and on con- viction for such offence, shall be fined in a sum not less than one hundred dollars, nor more than five hundred dollars,. with costs of prosecution. Penalty for vend- Sec 4. If any person shall vend, sell, or otherwise dispose of inS' any lottery ticket in this State, he, she, or they, shall be liable to in-
dictment, and on conviction thereof fined in a sum not less than one hundred dollars, nor more than five hundred dollars, and shall stand convicted until the fine and costs are paid.
Sec 5. This act shall take effect on the first day of May next. Approved, February 26, 1847.
MARRIAGE— MILLS AND MILLERS— NAMES. 57
AN ACT to amend the law in relation to marriages. In force,
Feb'ry 16, 1847.
Whereas, under the provisions of (he law regulating the mode of celebrating the rites of matrimony, and designating the persons who may so solemnize those rites, doubts are entertained as to the right of ministers of the gospel to officiate in the premises, unless they have authority conferred upon them by seme express action of the society or church to which they belong, therefore, Be it enacted by the People of the State of Illinois, represented in the General Aseembly, That all marriages heretofore, as well as those which may hereafter be, solemnized by acting ministers of the gos- Ministers may pel, in regular standing with the church or society to which they s!;,lemmze mar" belong, shall be deemed and held to be lawful, and the issue of such marriages shall be deemed legitimate : Provided, that this act shall not operate upon any marriage or issue, when such marriage was, or may be, consummated contrary to the laws of the land, for any other cause than that mentioned and provided for herein.- Approved, February 16, 1847.
AN ACT to amend the act entitled mills and millers. In force,
Feb'ry 26, 1847.
Section 1. Be it enacted by the People of the State of Illinois, re- presented in the General Assembly, That the provisions contained in Privileges ex- the first nine sections of the said act, entitled mills and millers, tended- which provide for and regulate the erection of mill dams, be, and they are hereby, extended to the management and erection of dams on streams for other machinery, as well as for mills ; and said nine sections shall be extended to the erection of dams for any and all kinds of machinery, in the same manner as the said original act ap- plies to the erection of mill dams. This act to take effect and be in force from and after its passage.
Approved, February 26, 1847.
AN ACT in relation to the change of names. In force,
Feb'ry 25, 1847.
Section 1. Be it enacted by the People of the State of Illinois,
represnded in the General Assembly, That any resident of this
State, by application to the circuit court of the county where he or circuit c't have
she resides, may, if no cause appear to the contrary, by order 0fPower to change
. . . . ' 1 i i. V name,
said circuit court, change his or her name.
Sec 2. Before making said application, the applicant shall give six weeks' no- notice, at least six weeks previous to the time of making such ap-ticein state pa- plication, in the State paper, for four consecutive weeks; which ^\veeks.SeCU" notice shall be signed by the applicant, and specify the name he de- New name to be
58 ORPHANS AND MINORS.
stated in notice, sires to assume, and the term of the proper circuit court at which
he or she will make such application.
Act to apply to SEC> 3. This act shall apply to cases where the applicant is a minors. • n < i 1,
minor, as well as to adults.
Approved, February 25, 1847.
In force, AN ACT to protect the interests of orphans and minors, and for other purposes.
Feb'ry 16, 1847.
Section 1. Be it enacted by the People of the State of Elinois, rep- resented in the General Assembly, That each and every guardian, who may be appointed by any probate justice of the peace by au- thority of the laws of this State, or by authority of any last will and testament, are hereby required, on final settlement before the probate justice of the peace, or other tribunal, before whom guardians may be To exhibit acc't, bound to settle by law, to exhibit their account against their ward, under oath. under oath, which oath maj be in substance as follows, to wit : I, A. B., do solemnly swear, (or affirm, as the case may be,) that the .account I have this day rendered, contains a just and true account of the moneys which I have expended for C. D., a minor, for whom I am guardian, and also all claims which I have against said minor ; To be filed. which said oath or affirmation shall be reduced to writing, and filed in the office of the probate justice of the peace ; said account shall Contents ofac-also contain and set forth specifically, in separate items, on what co account expenditures were made by such guardian; and no account
shall be received by any probate justice of the peace, unless the provisions of this act have been substantially complied with. Application. Sec. 2. This act, and all the provisions of the same, shall apply
as well to guardians who may have been heretofore appointed, as to those who may hereafter be appointed by law.
Sec 3. This act shall take effect and be in force from and after its passage.
Approved, February 16, 1847.
In force, AN ACT to amend the law in relation to the securities of guardians. 1
Peb'ry 19, 1S47.
Section 1. Be it enacted by the People of the State of Illinois ,
beCreieaLsed.may represented in the General Jlssembly, That hereafter, whenever the
security or securities of any guardian, in this State, may conceive
themselves in danger of suffering by the mismanagement of such
guardian, and shall petition the court of probate having jurisdiction
of the matters involved, for relief, in writing, setting forth the cause
Duty of probate of such apprehension, the said court shall examine such petition,
court. and jf the court shall deem the causes therein stated and set forth,
sufficient to entitle such petition or petitions to relief, if true, he
shall summon such guardian to show cause against such petition,
and shall thereupon proceed in all respects, as courts of probate
PUBLIC PROPERTY.
59
are required to proceed in regard to executors and administrators,- by the seventy-ninth section of the chapter of the revised statutes, in regard to wills, approved, March the third, one thousand eight hundred and forty-five ; and revoke such guardian's letters of guar- dianship, or release such security or securities, and require others to be given, or to dismiss such petition and application, as to said court may seem right: Provided, the party aggrieved may have an appeal as in other cases.
Approved, February 19, 1847.
AN ACT to provide for the sale of property in White county. In force,
Feb'ry 27, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Governor shall appoint Carmi mills to a commissioner to sell, according to the terms of this act, the eigh- be sold" teen acres and twenty-three one hundreths of an acre of land in White county, which was bought by the State of C. J. Weed, on the first of August eighteen hundred and thirty-nine, known as the Carmi mill property, with all the privileges and appurtenances there- unto belonging. Also, the twenty-seven acres and three one hundreths N. Haven mills of an acre of land, with all the privileges and appurtenances thereunto ° e s0 belonging, which was bought by the State of E. H. Gatewood, A. Kirkpatrick, and M. M. Rawlings, on the third of August eighteen hundred and thirty-nine, known as the New Haven mill property.
Sec 2. It shall be the duty of the auditor, within thirty days Notice of sale, after the passage of this act, to cause notice to be given, by publica- tion in the two public newspapers at the seat of government, and such other papers, in and out of the State as he may deem advisa- ble, that the aforesaid property will be offered for sale at Carmi, on some day in said notices to be named, not less than three months after the date of said advertisement, and also of terms of sale.
Sec. 3. The aforesaid property shall, on the day mentioned in sold at auction, said advertisement, be sold by the said commissioner at public auc- tion, in separate parcels, to the highest and best bidder, on a credit of one, two, and three years, the purchasers giving bond and secu- rity, and a mortgage on the premises, for the payment of the amount pay. bid, in three equal annual instalments, in State indebtedness.
Sec. 4. The right conveyed to the purchaser or purchasers by the Limitations and said sale, shall be subject to the following limitations and restrictions : restrictions. No dam shall be erected on the " Carmi mill property " of a greater height than twelve feet, or on the " New Haven mill property " of a greater height than seven feet, through which good and sufficient locks shall be constructed and made, one hundred feet long and twenty feet wide, to admit of the safe passage of all boats ascending or descending the Little Wabash river ; and said locks shall at all limes be kept in s^ood repair; and said purchaser or purchsers, or their assigns, shall open the same for the speedy passage of all boats or crafts upon application being made, free of any charge whatever $ and upon a failure to comply with the foregoing provisions contain- ed in this act, the purchaser or purchasers, or their assigns, shall be
60 PARTNERSHIPS.
Penalty. liable for all damages that may be sustained, by reason of such
omission or neglect, to be recovered before any court having compe tent jurisdiction.
Approved, February 27, 1847.
AN ACT in relation to limited partnerships. In Jforce,
Feb'ry'23, 1847. Section 1. Be it enacted bi/ the People of the State of Illinois, rep- resented in the General Jlssembhj, That hereafter it shall be lawful to Limited partner- form limited partnerships within this State, according, to the provis- shlPs> ions of this act.
Sec. 2. Limited partnerships may consist of one or more per- Of whom com-sons5 wno snall be called general partners, and who shall be jointly posed. and severally responsible, as general partners now are by law; and
of one or more persons who shall contribute a speciiic amount of capital in cash, or other property at cash value, to the common stock, who shall be special partners, and who shall not be liable for the debts of the partnership beyond the amount of the fund so contrib- uted by them respectively to the capital stock, except as hereinafter provided, who may trans- Sec. 3. The general partners only shall be authorized to trans- act business. act business, to sign for the partnership, and to bind the same. Certificate; con- Sec. 4. The persons desirous of forming such partnership, shall tents thereof, make and severally sign a certificate, which shall contain :
First. The name or firm under which the partnership is to be conducted.
Second. The general nature of the business to be transacted. Third. The names of the general and special partners therein, distinguishing which are general and which are special partners, and their respective places of residence.
Fourth. The amount of capital stock which each special partner shall have contributed to the common stock ; and
Fifth. The period at which the partnership is to commence, and the period when it will terminate, shall be acknow- Sec 5. Such certificate shall be acknowledged by the several ledged. persons signing the same, before some officer authorized by law
to take the acknowledgment of deeds ; and such pcknowledgement shall be made and certified in the manner provided by law for the acknowledgment of deeds for the conveyance of land, shall be filed. Sec 6. The certificate so acknowledged and certified, shall be
filed in the office of the clerk of the county in which the principal place of business shall be situated, and shall be recorded at large by the clerk in a book to be kept by him ; and such book shall be sub- ject, at all reasonable hours, to the inspection of all persons who may choose to inspect the same. If the partnership shall have Transcript. places of business situated in different-counties, a transcript of such certificate, and of the acknowledgment thereof, duly certified by the clerk in whose office it shall have been filed under his official seal, shall be filed and recorded, in like manner, in the office of the clerk of every such county ; and the books containing such records inspections. shall be subject to inspection, in the manner above directed.
PARTNERSHIPS.
61
Sec. 7. At the time of filing the original certificate, as before directed, an affidavit of one or more of the general partners shall Affidavit. also be filed in the same office, stating that the amount in money, or other property at cash value, specified in the certificate to have been contributed by each of the special partners to the common stock, has been, actually and in good faith, contributed and applied to the same.
Sec 8. No such partnership shall be deemed to have been when formed, formed until such certificate, acknowledgment and affidavit shall have been filed as above directed ; and if any false statement shall be made in such certificate or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof as general partners.
Sec 9. The partners shall publish the terms of partnership, Terms of, to be when recorded, for at least six weeks, immediately after recording PuWlshed- the same, in some newspaper, to be designated by the clerk with whom such records shall be made ; such newspaper to be one printed in the county in which the business is to be carried on, or in the county nearest thereto in which a newspaper shall be published ; and if such publication be not made, the partnership shall be deemed general.
Sec 10. Affidavits of publication of such notices by the printers Printer to file af- of the newspaper in which the same has been published, may benciavit of notlce* filed with the clerk directing the same, and shall be evidence of the fact therein contained.
Sec 11. Upon the renewal or continuance of a limited part- Renewal, nership beyond the time for which it was first created, a certificate shall be made, acknowledged, recorded, and published, in like man- ner as is provided in this act for the formation of limited partner- ships ; and the affidavit of one or more of the general partners, as above provided, shall also be filed with the proper county clerk, as aforesaid ; and every such partnership which shall not be re- newed or continued, in conformity with the provisions of this sec- tion, shall be deemed a general partnership.
Sec 12. The business of the partnership shall be conducted Form, under a firm, in which the names of the general partners only shall be inserted, without the addition of the word "Company," or any other general term ; and the general partners only shall transact the business ; and if the name of any special partner shall be used in the said firm, with his consent or privity, or if he shall personally make any contract, respecting the concerns of the partnership, with any persons except the general partners, he shall be deemed and treated as a general partner.
Sec. 13. During the continuance of the partnership under the Restrictions up- provisions of this chapter [act,] no part of the capital stock shall beonPaitneis- withdrawn, nor any division of interest or profit be made, so as to re- duce such capital stock below the sum stated ir, the certificate above mentioned; but in case it should subsequently appear that such re- ceiving of interest was a withdrawing of original capital, the special partner or partners shall be bound to refund the same with lawful interest.
Sec 14. That it shall not be lawful for any such partnership, Further restric- nor any members thereof, in contemplation of bankruptcy or insol-tions. vency, and with the intention and for the purpose of paying or se-
t>2
r«.Ai> i iun.
Suits ; how pro
secuted.
When dissolu- tion may take place.
Account.
Prohibition.
Clerk's fee.
curing any one or more of their or his creditors in preference to any other of their or his creditors, to make any sale, conveyance, gift, transfer or assignment of their or his properly or effects, or to confess any judgment, or to create any lien whatsoever, upon their or his property or effects ; and every such conveyance, gift, transfer, or assignment, involving such judgment or other lien, shall he, and the same is hereby, declared to be utterly void.
Sec 15. All suits respecting the business of such partnership, shall be prosecuted by and against the general partners only, ex- cept in those cases in which provision is made in this chapter, [act,] that the special partnership may be deemed general partnership ; in whiah cases all the partners deemed general partners may join or be joined in such suit ; and excepting, also, those cases where spe- cial partners shall be held severally responsible, on account of any sum by them received or withdrawn from the common stock as above provided.
Sec 16. No dissolution of a limited partnership shall take place, except by operation of law, before the time specified in the certificate before mentioned, unless a notice of such dissolution shall be recorded in the registry in which such certificate was recorded, and in every other registry where a copy of such certificate was recorded, and unless such notice shall also be published six weeks successively, in some newspaper printed in the county where the certificate of the formation of such partnership was recorded; and if no newspaper shall, at the time of such dissolution, be printed in such county, then the said notice of such dissolution shall be pub- lished in some newspaper printed in an adjoining county, or at the seat of government.
Sec 17. That the general partners in every such partnership shall be liable to account to the special partners, and to each other, for the management of the joint concern, according to the law of partnership as now subsisting.
Sec 18. That in case of bankruptcy or insolvency of the part- nership, no special partner shall be considered or allowed to claim as a creditor under any circumstance.
Sec 19. For performing the duties required of him by this act, the clerk shall be entitled to demand and have one dollar for each registry.
Approved, February 23, 1847.
. AN ACT concerning practice.
March 1, 1847.
Section 1. Be it enacted by the People of the State of Illinois, Replevin bon&s.represented in the General Assembly, That in all actions upon re- plevin bonds, where the merits of the case have not been determined in the trial of the action of replevin in which the bond was given, the defendant may plead the above facts, and also his or her title to the property in dispute in the said action of replevin.
Sec 2. This section shall be in force from and after its passage.
Approved, March 1, 1847.
FKACTILK— fKUBAlK J USTltiSS. Fj^J-
AN ACT to amend the practice act. In force,
Febry. 25, 1847.
Section 1. Be it enacted by the People of the State of Iillnois, represented in the General Assembly, That hereafter no judge obstructions to the circuit court shall instruct the petit jury, in any case, civil orbemwntins- criminal, unless such instructions are reduced to writing.
Sec. 2. And when instructions are asked which the judge can- Duty of judge. not give, he shall, on the margin thereof, write the word "refused;" and such as he approves he shall write, on the margin thereof, the word "given ;" and he shall in no case, after instructions are given, orally qualify, modify, or in any manner explain the same to the
j"ury- . . . ■ „
Sec 3. And such instructions, so given, shall be taken by the Jury shall return jury in their retirement, and returned by them, with their verdict, instructions. into court.
Sec 4. That an act to regulate the salaries of justices of the Judges' salary supreme court hereafter to be elected, approved February the mcreased' twelfth, eighteen hundred and forty-five, and so much of the forty- first chapter of the revised statutes as provides that the justices of of the supreme court elected or appointed subsequently to Febru- ary the twelfth, one thousand eight hundred and forty-five, shall each receive one thousand dollars, approved March the third, one thous- and eight hundred and forty-five, be, and the same are hereby, re- pealed ; and the twenty-sixth section of chapter twenty-nine of the revised statutes, approved March the third, one thousand eight hundred and forty-five, be, and the same is hereby, revived, from and after the first of January, one thousand eight hundred and forty- seven.
Approved, February 25, 1847.
AN ACT further to define the duties of probate justices. In force,
Febry. 19, 1847.
Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any executor or Notice to admin- administrator may have [removed] or shall remove without the limits lstrators' &c> of this State, it shall be the duty of the probate justice of the proper Duty of court, county, upon affidavit being filed of such removal by any person in- terested in the estate in the hands of such executor or administrator, to cause a notice to be published in some newspaper in the county where letters testamentary or of administration may have been granted, for four weeks successively, and if no newspaper is pub- lished in said county, then by posting up a notice at the court house door, setting forth that said affidavit has been filed, and notifying the said executor or administrator to appear before him within thirty days after the date of said notice, and make a settlement of his accounts as now required by law; and in case said executor or ad- ministrator shall neglect or refuse to make said settlement as afore- said, it shall be the duty of said probate justice to remove said Admin'r may be executor or administrator from office, and to supply the vacancy asremove<1, now directed by law in other cases.
Approved, February 19, 1847.
64 PROBATE JUSTICES— PENITENTIARY.
In force, AN ACT relatincr to the qualification of certain officers therein named;
Feb'ry 11, 1847.
Sectiox 1. Be it enacted by the People of the State of Illinois, Oath administer- represented in the General Assembly, That whenever any clerk of Justice &°. ^ G ^ne county commissioners' court has been, or may hereafter be, elected to the office of probate justice or justice of the peace, in any county in this State, and shall have taken or shall take the oath of office before any officer duly authorized and qualified to administer oaths in the county for which said officer shall have been or shall be chosen, the said oaih having been or being administered and cer- tified as is provided where the same is administered by the clerk of the county commissioners' court to any other person, then, and in that case, such probate justice or justice of the peace shall be deemed, and is hereby declared, to have been and to be duly and fully qualified for the legal discharge of the duties and powers of the said offices.
Sec. 2. This act shall take effect and be in force from and after its passage.
Approved, February 11, 1847.
In force, AN ACTconcerning the penitentiary.
Febry. 20, 1847.
Section 1. Be it enacted by the People of the State of Illinois, Additional cells represented in the General Assembly, That it shall be the duty of the and improve- inspectors of the penitentiary of this State, to proceed, as soon as practicable, to the election [erection] and completion of ninety-six additional cells in said penitentiary, of the same dimensions and structure of those already in use, and complete the fourteen cells now in an unfinished state, except that they make such alterations as to the ventilation and admission of light therein, as they may deem necessary, consistent with the safe keeping of the prisoners. They shall also, in the same manner, cause to be erected an additional story to the house already occupied by the warden as a dwelling house, which, when suitably completed, shall be used and appropri- ated for a hospital l'or said prisoners ; also a warden's house in the niche at the southwest angle of the area of the outer wall of said penitentiary, to be three stories high, and about forty-four leet by thirty-six feet in dimensions, to be built of either brick or stone, as said inspectors may determine ; also a cooper shop, one hundred feet in length by fifty feet in width, to be erected at a suitable dis- tance from the outer walls, and of such materials as said inspectors shall deem most suitable ; also a cistern of suitable dimensions to afford a bathing place for the said convicts, and the supply of water l'or the extinguishment of fires and other necessary purposes about said prison ; also a kitchen of suitable size and structure adjoining the dining room, for the use of said convicts ; also a smith shop and wagon maker shop, of such dimensions and materials as are suita- Sewer. ble therefor. Said inspectors shall also cause to be erected and kept
PENITENTIARY. (35
open, a common sewer for carrying- off the water and filth within
the said prison, unless in their judgment they can provide some
other convenient mode of accomplishing said object, in which case
they may adopt such mode in lieu of said sewers. They shall also
cause the whole of the area of said prison requiring the same, to be Area to bo mac-
suitably McAdainized or paved as they shall deem best. The Saidadamizea*
inspectors shall also have the authority to cause such supports and
additions as they may deem most advisable for the preservation and
security of the walls around said prison, to be erected.
Sec 2. The said inspectors shall proceed in the execution of How to proceed. said works in such a manner, as to have those first completed which may be most needed, keeping in view the necessity of having the hospital in a state of readiness for the approaching sickly season ; and also the accrual of the bonus due and to become due. by the lessee of said prison to the State, out of which the expenses for the improvements contemplated in the preceding section are to be paid : Provided, that the expenditures herein authorized shall in no event What sum. exceed the bonus due and to become clue the State from the present lessee.
Sec. 3. The said inspectors shall contract on the best terms they Conlract- can, for the erection and completion of the works set forth in the first section of this act, and in so doing shall require the contract to be reduced to writing, in which shall be stated particularly the time and manner in which the same shall be completed, and that it shall be finished in a substantial and workman like manner ; and in case the work should be let to any other person than the lessee of said penitentiary, bond and security shall be required for its faithful performance, according to the terms of the contract.
Sec 4. The lessee of said penitentiary may also contract for Works to be es- said work, and in case it is adjudged to him b)< said inspectors, thetimated' work shall be estimated by three mechanics, one to be chosen by said lessee, the other by said inspectors, and they two shall choose a third, by whom the value of the work shall be estimated under oath; and the said inspectors shall have the right to elect whether they will pay for said work according to the contract with said les- see, or the estimation thereof; and the lessee shall have the right to employ any of the convicts in said prison in the construction of said work; and the said inspectors may give to said lessee, certificates stating the value of the work done by said lessee, according to their judgment, as the said work progresses, which he may file with the treasurer of State, which shall be considered as so much money paid by said lessee into the State treasury ; but which shall not be deem- ed final and conclusive between the parties, but shall abide the election of the sai 1 inspectors as to the choice of payment.
Sec 5. Should the contract authorized to be made by this act not be taken by the lessee, the persons who may do the work, shall receive from the inspectors, certificates of the amount of work done from time to time, and which certificates shall be paid by the lessee out of the bonus due to the State, and which certificate when re- turned to the treasurer shall be in full lor the bonus due to the Stiit e, so far as said certificate may go.
Sec. (5. The said warden shall not place convicts for slight of- fences in the same cell with those guilty of enormous crimes.
66
PENITENTIARY.
Seats and tables
Records.
Physician's re- port.
Money, clothing, &c.
Divine service.
Chaplain's pay.
Compensation.
City powers.
Am't allowed.
Acc'tof money.
Sec. 7. The convicts in said penitentiary shall be provided with comfortable seats at tables ranged crosswise of the said dining room, for their accommodation while at meals and during divine service.
Sec. 8. The said warden shall be required to have and preserve a record of the convicts received hereafter, their names and descrip- tion, the counties from whence sent, the crimes for which ihey were convicted, the term of time for which they were sentenced, the country and State in which they were born, and the nature and de- gree of their education, together with such other information as he shall deem necessary, and he shall report the same to each session of the Legislature ; he shall also keep a journal of the number of the violations of the regulations of said prison, and the nature and ex- tent of the punishment therefor, an abstract of which shall be re- ported at the same time.
Sec 9. 'J he physician in attendance upon said prison shall be required to report to the warden, who shall report to the Legisla- ture at each session, a list of the names and ages of those who may die, with the nature and description of the disease, together with such other information as he may deem important.
Sec 10. The said warden, under the direction of the inspec- tors, shall allow to each person upon the expiration of his term of service, either by pardon or lapse of time, such sum of money as may be deemed suited to his wants, and also a comfortable suit of citizen's clothes suited to his condition, if the said person have not such clothes of his own.
Sec 11. The said inspectors shall procure some suitable person to perform divine service every Sabbath day, at least once, for the benefit of said convicts, for which they shall allow the sum of five dollars per week; and [in] case of sickness of any convict, upon his request to that effect, any clergyman or other religious person of any denomination designated by him, shall be procured, if possible, to administer such spiritual consolation as such convict may need.
Sec 12. The inspectors shall give a certificate to said person officiating as chaplain of said prison, slating the amount due to him, which shall be paid by the warden and deducted out of his bonus.
Sec 13. The inspectors shall allow to the persons selected to appraise the work done pursuant to the provisions of this act, such compensation as they may deem suitable, which shall be paid out of any funds belonging to said penitentiary, or by the said warden, and their receipt shall be allowed him as a credit in his settlement with the State.
Sec 14. The city of Alton shall not have any control over the penitentiary lauding, except for police regulations and wharfage purposes, and for keeping the same in repair, reserving to the State and the lessee of the penitentiary all rights belonging to them therein.
Sec 15. The warden of the penitentiary shall not be allowed in any event, more than three thousand dollars for building the war- den's house, in conformity with the provisions of the eighth section of an act, entitled "An act to lease the penitentiary," approved, March first, 1845.
Sec 16. The warden of the penitentiary shall keep an exact account of the money paid, and the value of clothes furnished, to discharged convicts, under the provisions of this act, and shall be allowed to deduct the same out of [the] bonus due by him to the
RECORDS AND RECORDERS. Q9
commenced by the State against the said John Crenshaw, for money now due the Slate on said lease, or prevent the commissioner ol the Gallatin saline from prosecuting on the said lease to final judgment; but if judgment should be obtained, the said John Crenshaw may liquidate the same as above, except the costs of court, which shall be paid in good money, together with a reasonable sum to be paid to the said commissioner for his services in prosecuting said suit.
Sec. 2. If defalcation takes place in any of the before mentioned saving clause, payments, then this act to be of no force ; and it shall be the duty of said commissioner, and he is hereby required, to prosecute the whole of the said claim as it may become due, and collect the full amount with interest, in good money.
Sec 3. The administrator or administrators of Timothy Guard, A(J , f Timo. decease 1, and of Benjamin White, deceased, or their securities, be, thy Guard ami and they are hereby, allowed to pay their respective debts to then. White, may Stale, accruing in respect to arrears of rent for the salt works in pay> ** Gallatin county, formerly occupied by said deceased persons, wheth- er due by the terms of the original leases, or by note or judgment, in any bonds of this State, or other evidences of State indebtedness, (except the Macalister and Stebbins bonds,) in like manner as is Exccl,tion. herein above provided and allowed for the relief of the said John Crenshaw; also, that if there be any other person or persons in- debted to this State, for or on account of arrears of rent fur said, salt works, or any part thereof, either as principal or sureties, such person or persons, their heirs, sureties, &c. shall be entitled to, and are hereby allowed, to discharge such indebtedness in the same manner, and on the same terms, as hereinbefore provided for the said Crenshaw.
Approved, February 25, 1S47.
AN ACT to amend chapter eighty. seven of the revised statutes, entitled records and In force
and recorders. March 1, 1847.
Section 1. Be it enacfed by the People of the State of Illinois, represented in the General Assembly, That the recorders of the several counties in this State are hereby required to keep a com- index. plete index of all the deeds, mortgages, and other instruments in writing which are required by law to be recorded, and which may have been or which may hereafter be recorded in the several vol- umes of books in his said oflice, as a sale and sure reference to any such deed, mortgage, or other instrument in writing so recorded by him, and open at all times to the citizens of such county for their Inspection, without fee.
Sec. 2. The county commissioners1 court of the several coun- ties in this State, are hereby required to furnish the recorder of their respective counties with such books of suitable and coiive- jT.ooks t0 ., , fiir- nient size as may be necessary to carry into full effect the first r,iShed. section of this act, and to grant such compensation out of their respective county treasuries, to any such recorder as shall have made out such index, as contemplated in the first section of
70
RECORDS AND RECORDERS.
Arbitration.
Compensation, this act, and has not heretofore heen paid therefor, such compensa- tion to be agreed upon between said recorder and the commission- ers' court of said county; and should they not agree, then the same shall be submitted to three disinterested citizens of said county, one of whom shall -^e appointed by the county commissioners' court of said county, at any regular term thereof, as soon after the^ passage of this act as practicable, and one by said recorder, and the third, if not agreed upon by said court and the recorder, shall be appointed by the two who shall be appointed as aforesaid, and the three so appointed shall inspect said index, and report, upon oath, if required by either party, the sufficiency and value of the same ; and when said index shall have been paid for as aforesaid, the same shall be open to inspection for reference to the citizens of said county, with- out charge.
Sec. 3. In any county where no such index has been made, it shall be the duty of the county commissioners' court of such coun- ty to employ some competent person to make out the same, and pay him such compensation out of the county treasury as said court may deem just and reasonable.
Sec 4. The county commissioners of the county of Will are here- by authorized to cause an index to the records of judgments rendered in the circuit court of said county, as well as the record of judgments filed in the office of the clerk of the said circuit court, to be made, 'if, in the opinion of the said commissioners, the making of each index only is necessary ; otherwise the said commissioners shall cause to be transcribed the whole of the said judgment record into a well bound book to be by them provided for that purpose, and the record^ so transcribed, shall become and constitute a portion of t