I N v \ LINCOLN ROOM UNIVERSITY OF ILLINOIS LIBRARY MEMORIAL the Class of 1901 founded by HARLAN HOYT HORNER and HENRIETTA CALHOUN HORNER i*e' V&y >> \ i f 'C n *4 &' - . '* ; i . ; ■ : ' r$S€**■’ 9 4 . O <*' ’ ■ - ' « k ’ a M ^ ’ 1 , ’ |V . ] ' »•: V. » \ . V- ■-..VS **.■ ♦ I • nJ r % '•V •" r 1 / LAWS OF THE •> STATE OF ILLINOIS, £ PASSED BY THE TENTH GENERAL ASSEMBLY AT THEIR SPECIAL SESSION COMMENCING JULY - 10, AND ENDING JULY 22, 1837. s PUBLISHED IN PURSUANCE OF LAW. / VANDALIA, ILL.: WILLIAM WALTERS, PUBLIC PRINTER. 1837. LAWS. \ AN ACT supplementary to an act making Appropriations for the years 1837 In force 21«t and 1838. July, 1837. Sec. 1. Be it enacted by the people of the State of Illi¬ nois, represented in the General Assembly , That the sums allowed to the members and officers of the General As- Members and sembly, by the act to which this is a supplement, be and officers the same is hereby allowed to the several members and officers of the General Assembly as their per diem pay and travelling fees for the present session of the General As¬ sembly. Said compensation, when due, shall be certified and paid agreeably to said act. The Clerk of the House Clerk of H. R. of Representatives and Secretary of the Senate shall Secretary of receive the sum of fifty dollars each for furnishing the theSenat8 printer with a copy of the Journals of the present session of this General Assembly. Sec. 2. The Auditor of Public Accounts shall issue Duty of Audi* his warrants on the Treasury in favor of the different per-tor sons hereinafter named, for the several sums annexed to their respective names; viz: To James Black, the sum of five dollars fifty-six and a James Black fourth cents, for crape furnished the members of the pre¬ sent General Assembly on the occasion of the death of the Hon. George Galbreath. To Flack and Hogue, the sum of six dollars and seventy- Flack & Hogue five cents, for articles furnished for the use of the State. To Charles Prentice, the sum of three hundred and ( Iias - Prentice twenty-one dollars, lor articles furnished for the use of the State. To Henry Snyder, the sum of thirty-five dollars, for Henry Snyder clearing the State House and public square of rubbish, &c. by order of the Secretary of State. To A. McPhail, the sum of the three dollars, for qual-A. McPhan ifying the new members of the Senate and House of Representatives. To Ferris Foreman, the sum of four dollars'per day for For ®* 4 APPROPRIATIONS. Willis & Mad¬ dox Chas. Prentice Moses Phillips J. F. Owings Officers of the General As¬ sembly J. M, Morse Blackwell and Eccles Abner Johns- ston S. T. Sawyer Jarvis Fore¬ hand Canal agents Levi Davis, for clerk hire Wffl, Ilodge Secretary of State assisting the engrossing and enrolling clerk of the House of Representatives, the number of days necessarily em¬ ployed, to be certified by the engrossing and enrolling clerk. To Willis and Maddox, the sum of twenty-eight dollars and sixteen cents, for articles furnished for the use of the Shite. To Chas. Prentice, the sum of eleven dollars and sixty- eight cents, for articles furnished at the last session of the General Assembly. To Moses Phillips, the sum of ten dollars, for articles fur¬ nished for the use of the State. To James F. Owings, the sum of ten dollars for two months rent for a room for the use of the clerk of the supreme court. To the principal clerk protein, of the House of Repre¬ sentatives, engrossing and enrolling clerk, late secretary to the senate, sergeant-at-arms, and door-keeper, the sum of four dollars, for every twenty miles necessary travel in going to and returning from the seat of government. To James M. Morse, the sum of four dollars and fifty cents, for covering nine tables for the use of the Senate, House, and Secretary of State’s Office. To Blackwell and Eccles,eighteen dollars and fifty cents, for articles furnished for the use of the State. To Abner Johnston, ten dollars and fifty cents, for work done for use of the secretary’s office. To Seth T. Sawyer, the sum of four dollars per day, for assisting the clerk of the House [of] Representatives, the number of days to be certified by the clerk of [the] House of Representatives. To Jarvis Forehand, the sum of two dollars per day for attendance on the Council of Revision, and other services rendered during the present session of the General As¬ sembly. That the agents of the state on canal lands be allowed one dollar per day in addition to the compensation now allowed for services rendered, and hereafter rendered, while actually employed, to be adjudged and allowed by order of the board of canal commissioners, and be paid out of the canal funds. To Levi Davis, Auditor of Public Accounts, the sum of four hundred dollars per annum, for clerk hire in addition to his present compensation; to take effect from the last day of March last. To William Hodge, one dollar, for qualifying members of the General Asembly. To the Secretary of State, the sum of two hundred dollars, for copying laws, making marginal notes, reading BANKS. 5 proof sheets, and making index to the laws of the present session. The Auditor rind Treasurer are authorized to cause the cupola on the state house to be weather-boarded and cov¬ ered, to secure the building from injury, the cost of which shall be paid out of the thousand dollars appropriated at the last session of the General Assembly to the finishing of the lower rooms of the state house. Whereas, The Auditor of Public Accounts has refused to issue his warrant in favor of William Walters, public printer, for the sum of $600, in consequence of his failing to have the laws and journals bound, of last session, ac¬ cording to law: Therefore, Be it enacted. That theSecretary of State, the Auditor, and Treasurer, be and they are here¬ by empowered to investigate the claim of said Walters, and should they be satisfied that said claim or any part thereof is just, the same shall be allow'ed, and the Auditor is hereby authorized to issue his warrant on the treasury for the amount so awarded. Approved 2Lst July, 1837. Auditor and Treasurer to enclose cupola on State House Secretary, Au¬ ditor, &. Trea¬ surer to inves¬ tigate the claim of W. Walters AN ACT supplementary to an act to increase the Capital Stock of Certain j n f orrre 0 ] g » Banks, and to furnish means to pay the interest on a loan authorized by an j u j. r j837 act entitled “An act to establish and maintain a General System of Inter- ^ 5 nal Improvements, approved March 4th, 1837.” Sec. 1 . Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the stock autho rized to be subscribed to certain banks, by the act to which this is a supplement, shall not be alienated before the complete redemption of the bonds or certificates of stock authorized to be sold by said act: Provided, That if upon the falling due of any of the principal of said bonds or certificates, that it shall be lawful for the State to sell a sufficient portion of said stock for the payment of said bonds or certificates. Approved 21st July, 1837. / Stock of banks pledged to re¬ deem any loan made for Inter¬ nal Improve¬ ments. Proviso. State may sell stock to pay bonds when the same becomes due. 6 BANKS. Force of law in regard to banks suspended a limited time. Duty of Gover¬ nor. Duty of bank to resume spe- pie payment. Conditions, re¬ strictions, limi¬ tations. yirst. In force 21st AN ACT to suspend, for a limited time, Certain Laws in relation to the Banks July, 1837. in this State. Sec. 1. Be it enacted by thcjjeople of the State of Illinois , represented in the General Assembly , That every provision of law, requiring or authorizing proceedings against any bank in in this State, with a view to forfeit its charter, or wind up its concerns, or which requires said bank to sus¬ pend its operations and proceedings, in consequence of its refusal to pay its notes or evidences of debt in specie, is hereby suspended until the end of the next general or spe¬ cial session of the General Assembly, unless the banks shall have generally resumed specie payment at an earlier date, in which case the Governor shall give notice thereof by proclamation, and the said bank shall, within twenty days thereafter, also, resume specie payments: Provided , however , That to secure the benefit of the foregoing pro¬ vision, said bank shall agree to conform to, and comply with, the following conditions, restrictions and limitations, viz: First —That it will not, either directly or indirectly, divide or pay among its stockholders, or to any person for them, any dividend's, interest, or profits whatever, until it shall bona fide resume the payment of its notes and evi¬ dences of debt in specie; which dividends shall be retained in bank as an additional security to the holders of its notes. Second —That it will not, directly or indirectly, during the suspension of specie payment, sell, dispose of, or part with any of its specie, or gold or silver bullion, except for the purposes of change to the amount of five dollars, or un- the sum of five dollars. Third —That it will furnish monthly, upon the oath of its president or cashier, to the Executive of the State, a full and complete statement of the condition and financial operations of said bank and branches, which shall be pub¬ lished in the newspaper of the State printer. Fourth —-That it will not, directly or indirectly, issue or put into circulation, during the period of its suspension of specie payments, any bank bill or note, or any evidence of debt by which the amount of its circulation shall be in¬ creased beyond the amount of capital stock actually paid in by the stockholders. Fifth —That it will receive upon deposite any funds be* longing to the State, which may be required to be so de¬ posited, and pay the same out upon the order of the proper officer, or agent of the State, in bind, free from charge; and also all funds heretofore deposited by the State. Sixth —That until the banks shall resume specie pay¬ ments, citizens and residents of this State, who are indebt- Second Third, Fourth. Fifth. Sixth. BRIDGES. 1 ed to them upon notes heretofore discounted, shall be allowed to pay their debts in instalments, at the rate of ten per cent, upon each and every renewal of the amount originally due, upon condition that such debtors shall exe¬ cute new notes, with satisfactory security, and pay the aforesaid per cent, and the interest in advance, according p to the usage and custom-of banking. Provided , That this section shall not apply to notes or bonds assigned or en¬ dorsed to the bank. Seventh —That any violation of the provisions of this act, Sevcnth or any failure to comply with and conform to the same, shall subject the bank in default to a forfeiture of its char¬ ter. - Sec. 2. Whenever any bank shall accept the provi-D uty 0 f sions of this act, and the president thereof shall furnish the dent of Bank Governor with a certificate of the fact of such acceptance, t0 furmsh Go- under their corporate seal, the Governor shall issue a cert j£ cate< proclamation, stating the fact of such acceptance; and Governor shall from and after the date of such proclamation such bank ^? o P rocla * shall be considered as being entitled to all the benefits hereby conferred, and bound by all the conditions, restric¬ tions and limitations herein contained. Sec. 3. This act shall not be construed so as to impair Ri(Thtsof . di . any rights required by individuals, or to exhonerate the victuals not im- bank from any liability to the holders of its notes, for the paired by this nonpayment of the same; and the provisions of this section act * shall apply as well to notes heretofore issued as to notes which may hereafter be issued. Approved 2lst Julv, 1337. AN ACT to amend the act incorporating the Kaskaskia Bridge Company. In force July, 1837, Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That so much of the above recited act as authorizes the county commissioners court of Randolph county, to regulate the tolls of said com¬ pany, be, and the same is hereby repealed, and the said Part of act re= company shall be allow T ed to charge and receive the same peaJedt rates of toll as was allowed to the ferry across the Kaskas¬ kia River, at Kaskaskia, by the county commissioners’ court of said county for the year one thousand eight hundred and thirty seven; and so much of said act as authorizes the ^ ct .repealed, the county of Randolph to purchase the said bridge at the end of five years, is hereby repealed. Sec. 2. Nothing contained in the act aforesaid shall be so construed as to prohibit the said company from receiv¬ ingdonation,or in payment of stock subscribed, orany town lot or lot of land which any person may be disposed to 8 BRIDGES, grant or convey, to aid the said company in erecting and keeping in repair their said bridge. Approved, 20th July, 1837. Green & Stad¬ den, authorized to build a toll bridge. Commence building within two years and and complete in five years. How built. In force 20th AN ACT to authorize John Green'and William Stadden, to build a Toll Bridge July, 1837. across Fox River. - Sec. I. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That John Green and William Stadden, their heirs and assigns, be and they are hereby authorized to build a toll bridge across Fox River; in township number thirty four, north of range num¬ ber four east, on section number twenty-nine at the town of Dayton, in La Salle county, State of Illinois. Sec 2. Thesaid Jor.n Green and William Stadden,their heirs or assigns shall commence the building of said bridge within twoyears,and complete said bridge within five years from and after the passage of this act; said bridge shall be built in a good and workmanlike manner, so as to give a safe and easy passage to all persons and their property wish¬ ing to cross said bridge. Sec. 3. After said bridge shall be completed, the said John Green and William Stadden, their heirs or assigns, are hereby authorized to place a toll gate on either end of said bridge or elsewhere, where they may ask and receive of all and every person passing said bridge such toll as the county commissioners’ court shall fix from time to time. Sec. 4. If said bridge shall be out of repair for more than six months at any one time, said charter shall be for¬ feited That destruction of said bridge by fire, high water, other casualty shall not work a forfeiture of the privileges hereby granted, but said Green and Stadden, their heirs or assigns,shall proceed immediately to repair the same. Sec. 5. If any person or persons shall wilfully do or cause to be done any injury to said bridge, the person or persons so offending shall forfeit and pay to the said Green and Stadden, their heirs or assigns, double the amount of such injury or damages, to be recovered before any court having jurisdiction of the same. Sec. 6. The said Green and Stadden, their heirs or as¬ signs, shall be entitled to purchase, hold and convey, so much real estate as may be necessary to construct the afore¬ said bridge, and erect a toll house or whatever many be necessary for the use and purposes of said bridge. Sec. 7. This act to be in force from and after its passage. Approved, 20th July, 1837. Toll gate. Tolls. County com¬ missioners fix rates of toll. Liability of charter to be forfeited. Proviso. If persons shall injure,shall for¬ feit. May purchase and hold estate. CANAL LANDS. 9 AN ACT for the relief of James H. Weisner. In force 21st July, 1837. Whereas, James H. Weisner purchased of the school commissioners of Greene county, on the 7th day of February A. D., 1834, the east half of the southeast quarter of section sixteen, in township number ten north, of range ten west, of the third principal meridian, and received a patent for the said tract of land on the 26th day of May, 1834, as appears of record in the office of the Auditor of Public Accounts; And whereas, the said Weisner has lost said \ patent, and has no legal evidence of title if the same should be disputed; Therefore:— Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly , That the Auditor of Dut y Aiidi- Public Accounts be, and he is hereby authorized and re- 101 ‘ quired to issue to said James H. Weisner, a new patent 7 to the said tract of land, viz: to the east half of the south east quarter of section sixteen, in township number ten north, of range number ten west, of the third principal meridian; which new patent, when issued as aforesaid, shall be deemed and taken to be of the same force and validity in law as evidence of title, as the first patent would have been if it were in existence. This act to be in force from and after its passage. Approved, 21st July, 1837. AN ACT for the relief of Purchasers of Canal Lands and Lots. In force 21st July, 1837. on Sec. 1. Be it enacted by the people of the State o f Illinois , represented in the General Assembly , That so much of the act entitled “An act for the construction of the Illinois and Michigan canal,” approved on the ninth of January, one thousand eight hundred and thirty-six, as declares lands and lots sold, to be forfeited to the state in default of the purchasers, making payments as required by said act, Act repealed is hereby repealed in respect to purchasers who comply ^chasers* 0 with the following conditions, viz: That they will on the conditions’, first day of October next, pay all the interest then due up¬ on said debts, according to the terms of sale; and on the first day of October, 1838, and first day of October, 1839, pay the interest and ten per cent, of the principal, which Time of pay- may be due; and on the first day of October, in each and men*, every year thereafter, pay the interest and twenty per cent, upon the principal in advance, until the whole sum B 10 CANAL LANDS, Failure to due shall be paid. And payments made at the times and in the manner herein provided, shall be accepted by the canal commissioners, as a compliance on the part of the purchasers with the conditions of sale, as prescribed by the above recited act, but nothing herein contained shall he construed to impair or in any wise affect the lien of the state upon the property sold for the payment of the pur¬ chase money or any part thereof, or any interest "due or which may become due upon the same. And it is hereby declared that a failure on the part of any purchaser to comply with the conditions herein contained, shall work work forfeiture, a forfeiture of the lot or land purchased,-together with all previous payments; and the provisions of the thirty fifth section of the above recited act, shall be deemed and con¬ sidered applicable to such lot or land, and purchaser, and shall be enforced by the canal commissioners. Sec. 2. The canal commissioners are authorized and What bills to required to receive in payment for canal lots and lands be received by sold, the bills and notes of the State Bank of Illinois, and canal commis- g an L of Illinois, and bills and notes of any other banks menT ofdeias. which the bank in which the canal funds are or may be deposited, will receive and credit as cash to the canal fund. Sec. 3. The contractors upon the canal, with whom tors^mit^ecTto contracts were made previous to the year one thousand monthly pay- eight hundred and thirty seven, shall be entitled to month- ihcnts, ]y payments, upon the terms and in the manner provided for making payments upon contracts made subsequent to the first day of January, one thousand eight hundred and thirty seven. Sec. 4. That all relief extended to purchasers of canal property under the provisions of this act, is to be claimed under the express understanding and condition, that the* pight oflegis- legislature reserves the right to amend, modify, or repeal lature, this act a t any time after the first Monday in December, eighteen hundred and thirty eight; and said right to amend, modify, or repeal the same, after the time aforesaid, is here¬ by reserved. Approved, 21st July, 9 ' 1837. In force July 21st, 1837. AN ACT to provide for the Sale of certain Canal Lands, and for other purposes. Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That if the commis¬ sioners of the Illinois and Michigan Canal, shall be of opinion that a sale of parts of the canal lands, during the CANAL LANDS. II next year, will" advance the interests of the state, by afford¬ ing facilities to contractors in procuring supplies and pla¬ ces for boarding for hands employed upon the canal, or otherwise, they are authorized to select lots or tracts of p owei . given to land at convenient points along the line, and sell the same canal cpminis- for the purpose aforesaid, and subdivide the said lots or sIoners t0 sel1 tracts into lots of not less than forty iror more than eighty ancs ‘ acres, the division to be made to correspond with similar divisions of lands sold by the United States; and the selec¬ tion to be made, so that no lot shall lie within less than one half mile of the line of the canal, and the quantity not to ex¬ ceed in value four hundred thousand dollars; and the lands so selected shall be valued, advertised, and sold in the manner required for selling lots in Chicago and Ottawa, but the valuation shall not be made until within twenty days of the sale, and shall be made as well with reference to the terms of sale as all other considerations affecting the mar¬ ket value thereof. The place of sale shall be fixed by the commissioners. The terms of sale shall be, one-tenth of the purchase money to be paid at the time of sale, and the balance payable in ten equal annual instalments, bearing an interest of six per cent, per annum from the date of sale, payable annually in advance, subject to the same con¬ ditions and provisions prescribed in reference to the sale of lots in Chicago and Ottawa. Sec. 2. No two quarter sections of land shall be sold No two sections under the provisions of this act, which shall adjoin each ta t ^ e i soId to “ other. . . ge Sec. 3, The terms of the sales authorized to be made by Termg of gal3> the act which was approved on the second day of March, in the year one thousand eight hundred and thirty seven, shall be the same as those prescribed in this act; and the sales under that act shall be limited to the actual wants of the canal funds. Sec. 4. In negotiating loans which have been or may be authoiized for the construction of the canal, the gover¬ nor, shall, if practicable, contract to receive the money borrowed, in sums of one hundred thousand dollars, or less, at such times as the same may be wanting for use upon the canal. Sec. 5. In the construction of the navigable feeder an d ^ av j^ ablQ fee _ lateral canal at Ottawa, the canal commissioners may so der alter the plan heretofore prescribed, as to connect the said feeder or lateral canal with Fox river, instead of the Illinois river, or make any other change which in their judgment may be best calculated to enhance the value of state property, and the usefulness of the canal. Sec. 6. The canal commissioners are authorized to Resurvey t0 b4 make a resurvey of those parts or additions to the town of mad*. 12 CANAL LANDS. fourteen to be appropriated. Ottawa, wherein lots are authorized to be sold, and change the lines of the lots and streets, so as to make those lines correspond with the lines of that part of the town wherein the lots have heretofore been sold; or they may make the said lines in such manner as they may deem best for Ah© interest of the State. Sec. 7. The canal commissioners are authorized to en- Bason may be large the natural bason at the confluence of the north and Enlarged. south branches of the Chicago river, so as to render the same as useful and convenient as possible; and block num¬ ber seven, of the canal lots in the city of Chicago, shall be reserved from sale for the purpose of exchanging the same for block number fourteen, which will be required to be removed in the enlargement of the said bason; and the said commissioners are hereby required to cause the afore- Block Number said block number fourteen to be appropriated for the purpose aforesaid, and to proceed to obtain the title to the same, in the manner provided by law for obtaining lands or materials for the use of the canal. Sec. 8 . When the board of appraisement shall appraise the said block fourteen, they shall also appraise the^ afore- appraised W 1Cn sa -id block seven, and if the owners of block fourteen will take in exchange for the same, block number seven, at the appraisement thereof, the canal commissioners are author* ized to make the exchange, taking from the said owner a sufficient conveyance for said block to the state, and giving to such owner a certficate of purchase for block seven, stating therein the facts of the transaction; and if block seven shall be appraised to more than block four¬ teen, the said owner shall be required to pay the differ¬ ence in a reasonable time, to be fixed by the canal com¬ missioners; and upon such payment being made, the said owner shall be entitled to a patent for the same; but if said block shall be valued to less than block fourteen, or the same sum, he shall be entitled to a patent, upon execu¬ ting the conveyance aforesaid. If the difference in value shall be in favor of the said owner, the canal commissioners shall pay the same out of the canal fund; but if no such agreement is made, as herein contemplated, the aforesaid block fourteen shall, nevertheless, be obtained and appro¬ priated, as herein provided, and block number seven shall be subject to sale as other lots in Chicago now are. Sec. 9. The treasurer of theboard of canal commissioners shall not hereafter be required to perform any other duties then those pertaining to the office of treasurer alone, nor Duty of treasu- shall he hereafter be considered as one of the board of canal rer * commissioners. The said board shall hereafter be com¬ posed of the president and acting commissioner, who shall perform all the duties required of the canal commissioners, CONVEYANCES. 13 except such as relate to the duties of treasurer; neverthe- less, it is hereby declared and enacted, that whenever the board as organized by this section, shall disagree in opin¬ ion upon any question, matter or thing, in relation to the canal, the powers or duties of the board, or of any agent or any other matter whatever, touching their duties as ca¬ nal commissioners, the treasurer is hereby constituted and appointed the umpire to give the casting vote upon every such difference, and in giving such vote, he shall be consid¬ ered as bound for the consequences thereof, as a canal commissioner; and the board of commissioners shall act upon all decisions made by the umpire as aforesaid, as though the three making the decision were all canal com¬ missioners. Sec. lQ. In the event that the funds provided by exist¬ ing laws, shall prove insufficient to meet the expenditures upon the canal for the years 1837 and 1838, the Governor Governor au- is authorized to negotiate a loan upon the faith and credit j oa to ne of the state, not exceeding in amount three hundred thou- s ° tiate 0dn * sand dollars, to meet any deficit which may occur; said loan shall be negotiated in the manner and upon the terms, and the state assumes the responsibilities, as provided for in relation to the loan authorized by the “act entitled an act for the construction of the Illinois and Michigan canal,” approved on the 9th of January, 1836; Provided , That said loan shall not be made until the whole of the means available under existing laws, shall have been exhausted. Approved, 2lst July, 1837. AN ACT concerning the Recording of Conveyances. In force 21st July, 1837. Sec. 1 . Beit enacted by the people of the State of Illinois , represented in the General Assembly , That the recording of any deed, grant, bargain, sale, lease, release, mortgage, de¬ feasance, conveyance, bond, contract or agreement of and concerning any lands, tenements, or hereditaments, or whereby the same may be effected inlaw or equity, wheth- 1 er executed within or without the state, by the recorder of the county in which the lands, tenements or hereditaments, intended to be effected and situated, shall be deemed and taken to be notice to subsequent purchasers, and creditors from the date of such recording, whether the said writing shall have been acknowledged or proven in conformity with the laws of the State or not; provided , That no such Proviso, writing not acknowledged oi proven in conformity with I % ? 14 In .force 21st July, 1837. Where estate is limited. In force 21st July, 1837. Petition. Seat of justice. Duty of county commissioners court. COUNTIES. the laws of the state, to entitle the same to be recorded, shall be admitted as evidence in any court, unless execu¬ tion thereof be proven in the manner required by the rules of evidence applicable to such writings; and the provisions of this act shall apply as well to writings heretofore, as those hereafter admitted to record. Approved, 21st July, 1837. AN ACT concerning Conveyances. t 4 I Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That every estate in lands which shall hereafter he granted, conveyed or di- vised to one, although other words heretofore necessary to transfer , an estate of inheritance be not added, shall be deemed a fee simple estate of inheritance if aless estate be not limited by express words, or do not appear to have been granted,conveyed, or devised by construction or operation of law. Sec. 2. When an estate hath been, or shall be, by any conveyance limited in remainder to the son or daughter or to the use of the son or daughter of any person to be be¬ gotten, such son or daughter, born after the decease of his or her father, shall take the estate in same manner as if he or she had been born in lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death. Approved, July 21, 1837. AN ACT to relocate the county seat of Calhoun County. Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That at any regular or special term of the county commissioners court of the coun¬ ty of Calhoun, which may be held within nine months from the passage of this act, at which a petition signed by one hundred legal votes of said county shall be presented, pray¬ ing that an election may be held in said county for the pur¬ pose ofremovingand relocating the seat of justice thereof, it shall be the duty of the county commissioners court to or¬ der an election to be held in accordance to the wishes of the said petitioners, within thirty days after the expiration COURTS. 15 of the term of the court to which such [petition may have been presented. Said election shall be held at the same places, and be con- Election how ducted as near as may be in the same manner as the gen- held, eral elections are. Sec. 2. The judges and clerks of said election shall jf n0 p i aC e is make a column in their books at the several precincfs, at elected another the head of which shall be written the name of the place sha11 voted for by the several voters, and the place receivingthe highest number of votes, provided that number shall be a majority of the whole number given, shall be and remain the seat of justice for said county from that time forward, or soon thereafter as suitable buildings can be prepared, but if no one place voted for shall have received a majority of the votes polled, then and in that case it shall be the duty of the clerk of the county court of said county to give notice in the several precincts that no one of the places voted fordid receive a majority of the votes, and that anoth¬ er election will be held four weeks from the day on which the first election was held; in which notices the said clerk shall state the number of votes given at the former election for the several places, and at the time of holding the second election the voters shall vote for one or the other of the two places which received the highest number of votes at the first election; and the place receiving the highest num¬ ber of votes at the second election shall be the county seat. Sec. 3. The act entitled a an act to relocate the county seatof Calhoun county,” approved the fourth day of March, Act re P ealed » 1837, be, and the same is hereby repealed. And all lands and building lots conveyed by the pro¬ prietors of the town of Guilford to the county commission¬ ers, for the use ofthe said county, agreeably to the requisitions of said act, shall be reconveyed to the proprietors of said * nd town within two months from the passage of this act, other- v ° e y e JJ within^ wise this act shall be null and void. months. Approved, 2lst July, 1837, AN ACT in relation to the Municipal Court of Chicago, and for other purposes. In force 21st July, 1837 Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That the judge of the municipal court of the city of Chicago shall possess all and singular the powers, and he is hereby required to EDUCATION. 10 perform all the judicial duties appertaining to the office of judge of the circuit courts of this state, and to issue all such writs and process as is or may hereafter, by statutory provisions, be made issuable from the circuit courts of this state. Approved 21st July, 1837. In force 21st July, 1837 AN ACT to increase the Compensation of County Commissioners. Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly , That there shall hereafter aiiowed^^O a ^ owe d 1° eac ^ county commissioner, in full for his ser- per day for ser- vices for each day’s attendance in holding courts^ the sum of vices two dollars and fifty cents, to be paid on the certificate of the' clerk, out of any moneys in the treasury of the coun¬ ty, not otherwise appropriated; so much of the act regu¬ lating the salaries, fees, and compensation of the several officers therein mentioned, approved February 19th, 1827, as fixes the compensation of county commissioners at one dollar and fifty cents per day, is hereby repealed. Approved 21st July, 1837. In force 21st AN ACT to encourage Education in Township*five South, Range six Eagt, July, 1837 °f principal Meridian. Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly , That the inhabitants of township five south, range six east, of the third principal meridian, upon being incorporated as required by law for school purposes, be and they are hereby authorized to use the sum of two hundred dollars, of the interest arising from said township fund, to the erection of a frame or brick school house in the town of MeLeansboro’ in said town¬ ship. Duty of trustees Sec. 2. That it shall be the further duty of the trus- ol township tees 0 f sa jq township to cause to [be] kept in said school house, a school at least three months in each calender year , for at least five succeeding years. If school is not Sec. 3. If a school should not be kept in said school inthe yeTr° nnS house, as provided for in the second section of this act, then the incorporation of said township shall be bound to pay INCORPORATIONS. / , . « . . back to the township fund the amount of money used by them under the provisions of the first section of this act. Sec. It shall be the duty of the judges and clerks of the election to be held in the township for or against the township’s being incorporated under the provisions of the fourth section of the act to amend the several acts in re¬ lation to common schools, to open polls for and against the reception of the provisions of this act, and the same ma¬ jority shall be required in favor of the reception of the provisions of this act, as is required for the township to be incorporated; and if said majority shall not be obtain- ed.jthis act shall be void. This act shall be in force from and after its passage. Approve!) 21st July, 1837. AN ACT to incorporate the city of Alton. Sec. I. Beit enacted by the people oj the State of Illinois, represented in the General Assembly , That the inhabitants residing within the following limits and boundaries; to wit: Beginning at the northeast corner of section twelve, in township five north, in range ten, west of the third prin¬ cipal meridian, in the county of Madison and State of Il¬ linois, and running thence west on the r orth boundary lines of sections 12, 11, and 10, to the middle of the Mis¬ sissippi River, thence due south to the main channel of the said river, thence down the main channel of the said river to a point due south of the southeast corner of fractional section thirteen, in township No. five north, thence due north to the southeast corner of the aforesaid fractional section 13, and thence north on the east boundary lines of the aforesaid fractional section 13 arid section 12, to the place of beginning, shall be incor¬ porated and known as a corporation, by the name of the “City of xAlton;” and the said corporation, by their name aforesaid, shall Have perpetual sucressson; may sue and be sued, complain and defend in any and all places and courts whatsoever; may have and use a common seal, and alter it at pleasure; may take and hold real and personal estate by gift, grant, purchase, or otherwise, as the purposes of the city may require; rpay borrow money, and pledge the revenue and faith of the corporation, and issue scrip or bonds for the payment of the same. Sec. 2. The territory contained within the boundaries of the said “City of Alton,” shall be divided into four C Id rce 21st July, 1837 Boundaries of city C orporate name To have suc¬ cession Further powers May borrow money To issue or bonds scrip City to be divi¬ ded into four- wards is INCORPORATIONS*. Boundary of First ward Second ward Third ward Fourth ward Mayor and Al¬ dermen may divide city into wards what deemed neces¬ sary Each ward shall have three Aldermen Mayor and Al¬ dermen elected annually Other officers All to be cit¬ izens of the U- nited States Age Six months res ¬ idence required Election of of¬ ficers Shall qualify and enter on duties Annual elec¬ tion Vacancy, filled how wards as follows, to wit: All of that part of the said city, which lies west of the line run in the same direction with Market street, to the north boundary of the corporation, shall constitute and form the first ward; all that part of the said city which lies east of the first ward, and west of Langdon street, as now platted, and west of a line run in the same direction with the said Langdon street, to the north boundary of the said corporation, shall constitute the second ward; all that part of the said city which lies east of the second ward, and south of the half section line running east and west through section twelve, shall con¬ stitute the third ward; and all that part of the said city which lies east of the second ward, and north of the third ward, shall constitute the fourth ward. The mayor and aldermen of said city shall have power, from time to time, to cause a correct division of the said city to be made into as many wards as they may deem necessary and for the good of the inhabitants of said city: Provided however , That no division of the said city shall be legal unless it be made at least three months preceding the city election next ensuing. Each ward shall have three Representatives or aldermen, who shall be elected from the residents of such ward as they may respectively in¬ habit. Sec. 3. For the municipal government of the said city there shall be elected annually, one mayor, twelve aider- men, one register, one treasurer, one collector, three assessors, one street commissioner, and one constable, who shall, at the time of their election, be citizens of the United States, twenty-one years of age, and shall have resided in the said city at least six months, next preceding the day of their election. Sec. 4. There shall be an election held in the said city, under this act, at such time or place as the president and board of trustees of the town of Alton may designate and appoint, for the election of the several officers named in the third section of this act, who shall, within ten days after their election, qualify and enter upon the duties of their respective offices. And after the first election, held as aforesaid, an election shall be held annually in each of the wards of said city, for the said officers, in such manner, and under such regulations and rules as the mayor and aldermen of said city may by ordinance prescribe; at wffiich election the polls shall be kept open one day, from eight o’clock, A. M., until seven o’clock, P. M. And any vacancy in the aforesaid offices which may happen be¬ tween the annual elections, shall be filled by an order from the mayor, directed to the inspectors of election, to hold a special election to fill such vacancy, who shall give at INCORPORATIONS. 19 least six days notice in some newspaper in said city, or Notice of Spa¬ in hand bills, put up at least two in each ward, in the most ciaI electiou public places in said city, of all special and annual elec¬ tions to 111 1 the aforesaid offices. Sec. 5. All elections of said city shall be by ballot, Elections to be until otherwise ordered by the mayor and aldermen. by balIot ‘And all persons qualified to vote for members of the Gene¬ ral Assembly of this state, for the time being, who shall have resided sixty da vs next preceding such election, within m %/ ^ A O * * -.-r ». the corporate boundaries of said city, shall be entitled to ar ® ^ ual * vote for any of the officers named in the third section of this act. If any person offering to vote shall be required by any qualified voter to make oath of his qualifications to vote, the inspectors of such election shall require him to swear as follows, to wit: “You do swear that you have resided in the State of II-Oath to be ta- linois six months next preceding this election; that you whei^req^h’ed * are twenty one years of age; that you have resided in the or challenged city of Alton sixty days next preceding this election; and that you have not voted at this election.” Any person in making the said oath, who shall swear Penalty for per? falsely, shall be subject to all the penalties for perjury un- Jury der the laws of this State. Sec. 6. The three persons in each ward who shall re- Officers elected ceive the highest number of votes for Aldermen in their respective wards, shall be declared duly elected; and the persons who shall receive the highest number of all the votes given in the said city, for mayor, register, treasurer, collector, street commissioner, assessors, and constable, shall, in like manner, be declared duly elected, who shall T erm 0 f 0 ffl ce hold their offices for one year, and until their successors shall be elected and qualified. And the said officers, so elected, shall, within twenty days from the day of their Shall enter on election, qualify and enter upon the duties of their said duties in twenty offices; and any officer neglecting or refusing, within the dajs said twenty days, to qualify and enter upon the duties of In , ca ! 0 his office, the office of the person so neglecting or refusing etl ’ vacant shall be deemed vacant, and another election ordered to fill such vacancy. Every person elected to fill any of the above offices shall, before he enters on the duties of the ° at Jj eis to same, take and subscribe an oath, before any person au¬ thorized to administer oaths in this State—That he will support the Constitution of the United States, and of this State; and that he will, in all things, faithfully, and to the best of his ability, discharge the duties of his office; 0ath t0 ' be filed which oath shall be filed with the register of the city. Sec. 7. The mayor of said city shall have all the ordi- Dut y of Mayor nances passed by the common council faithfully execu¬ ted; and to aid him in the discharge of his duty, he is 20 INCORPORATIONS. In case of riot, to call out mi¬ litia Fine for diso¬ bedience Special meet¬ ings of Alder¬ men Mayor to be ex justice of the peace To administer oaths J urisdiction Fees Common couiv eiR Mayor to pre¬ side and have casting vote Quorum Power to ap- point officers and agents hereby authorized to call on every male inhabitant of said city over the age of eighteen years, and in cases of riot, to callout the militia to aid him in carrying the same into ef¬ fect; and any person who shall not obey the call of the mayor or his agent, shall forfeit to the corporation a fine not exceeding live dollars. The mayor shall have power to call special meetings of the aldermen, when in his opinion the public good may require it. He shall have power whenever he may deem it necessary, to require of any of the officers of said city, an exhibit of his books and papers; and he shall, from time to time, make such commu¬ nications to the board of aldermen as he may consider ne¬ cessary and proper; and in general he shall have power to do all other acts and things that may be required of him, by any ordinance made in pursuance of this act. He shall be, ex-officio, a justice of the peace in the said city; and as such he shall have power to administer oaths, issue writs and process, under the seal of said city; and he or any justice of the peace may try and determine all causes of action arising under this act or any of the ordinances of the city, for lines, penalties or otherwise. He shall have concurrent jurisdiction with justices of the peace, in all civil and criminal cases within the limits of the corpora¬ tion, and shall receive the same fees' and compensation for his services. He shall have power to take the acknow¬ ledgement of deeds, mortgages, and all other instruments, and certify the same under the seal of the city, all of which shall be valid in law. Sec. 8. The mayor and aldermen shall constitute the common council of said city. The common council shall meet at such times and places as they shall from time to time direct, or whenever they shall be required to do so by the mayor. The mayor when present, shall preside at all meetings of the common council, and shall only have a casting vote in case the aldermen shall be equally di¬ vided. In his absence, any one of the aldermen may be chosen to preside, and seven twelfths (7-12) of the aider- men shall be a quorum to do business, but a less number may adjourn from time to time, and may compel the at¬ tendance of members in such manner as the common coun¬ cil may provide; and the mayor and aldermen shall be the judges of the qualifications, elections, and returns of their own members, and other officers of said cicy; shall have power to appoint such officers and agents, and pre¬ scribe their duties; and may require bonds with such pen¬ alties as may be deemed proper from the treasurer, re¬ gister, and such other officers and agents as to the com¬ mon council may seem proper; and in general, to fix, regu^ late or alter, the salaries, fees and compensation, of any INCORPORATIONS. 21 such officers or agents, and to make such bj'-laws, rules To make by- and regulations for their own government, and for the laws public good, as to them may seem meet and proper. Sec. 9. The common council of said city shall have ^ e ^ n(1 power, by ordinance, to levy and collect taxes upon real ° and personal property within the limits of said city, not exceeding one-half of one per centum, upon the assessed value thereof, in lieu of the county tax; to make regulations to promote and secure the general health of said city; to Health of city prevent and remove nuisances; to establish night watches; Night watches erect lamps in the streets, and lighting the.same; to improve Improvement and preserve the navigation of the Mississippi river within of^e Mis- thc corporate limits of said city; to erect and repair and sissippi river, regulate public wharves and docks; to regulate the rates Wharves and of wharfage; to provide for licensing, regulating and tax- May ]icense ing merchants, taverns,* auctioneers, grocers, retailers* and venders of spirituous liquors and wines, theatrical and other shows and performances; to restrain and prohibit gaming [and] gaming houses; to establish and repair brid- Cl 'idge& ges; to establish and regulate markets; to open, widen and Markets keep in repair, streets, avenues, lanes, alleys, drains and ^ sewers, and to keep the same clear; to provide for the pre- ’ ’ *" ' vention and extinguishment of fires; to regulate the stor- Fk es age of gunpowd-er and other combustible materials; to Gunpowder, erect pumps and keep them in repair; to regulate the po- Co,nbustlble ^ lice of the town, and in general to provide such ordinan¬ ces as to carry into effect the objects of this act, the pow¬ ers hereby granted, and as the good of said city may re¬ quire. The common council shall provide for, and take f Q ° w care of all paupers within the limits of said city; and to pi accomplish this object, they shall have the exclusive right, ®*^“ sive power and authority to license and tax all ferries, taverns, merchants, auctioneers, p^dlers, grocers, venders of spir¬ ituous liquors and wines, other public houses of entertain¬ ment, theatrical and other shows and performances, with¬ in the limits of said city; shall regulate and establish in¬ spectors of beef, pork, wood, coal, lumber, lard, flour, and JeefanTpork all other articles which they may deem proper for the pub¬ lic good, and appoint the inspectors, and regulate and es¬ tablish their fees; to provide for the safe keeping of a WeigUts a pd. standard of weights and measures, as fixed by the United measures States or this state, and for the regulating thereby all the weights and measures in the said city; to regulate party Walls & fence? walls and fences in the said city; to regulate, license and tax pawnbrokers, exchange brokers, and forwarding mer- Brokers; chants; to establish, appoint and regulate gaugers, meas- Caygers,&c,' urers, and weigh masters, and prescribe their fees; to re g" Coaches ulatc, license and tax hackney coaches, and all other car- W agg 0 ns! &c yS riages and vehicles kept for hire, also drays, waggons. Wooden build¬ ings Shall keej) all roads and brid¬ ges in good re¬ pair . Three days la¬ bor to be requi¬ red of males on public roads, or pay 1 dollar for each day M»y be sued Special tax to grade and pave side yvalks Schools May buy lots & build school houses Proviso Number of in¬ habitants Schools to be yisted INCORPORATIONS. carls, porters and watermen within the limits of said city, and to direct, in future, in what part of the city buildings of wood shall not be erected. Sec. 10. That the common council of the city of Alton shall hereafter be required to keep all public roads and bridges in good order and repair, within the city of Alton, and for that purpose the common council shall have the exclusive right to call on every male person in said city, over the age of twenty one years, and under the age of fifty years, being residents of said city, to perform three days labor on said roads and bridges annually, or to pay into the city treasury the sum of one dollar for each and every day the said residents shall refuse to labor as afore¬ said; and in case of non-payment or refusal to labor, the city council shall have power to sue for and collect the same, in the manner as is now 7 provided under the provis¬ ions of the general road law; and that after due perform¬ ance of the labor aforesaid, or payment of the penalty aforesaid, said residents shall be exempt from any other taxation under the power and authority of the county com¬ missioners of Madison county, by virtue of the provisions of the general road law of the state of Illinois. Sec. 11. That upon the application of the owners of two-thirds of the front of the lots, cn any street or part of a street in said city, it shall be lawful for the common council to levy and collect a special tax on the owners of the lots on said streets, or parts of streets, according to their respective fronts, for the purpose of grading and pa¬ ving the side walks on said streets. Sec. 12. The common council of said city, arc hereby em¬ powered and authorized to establish elementary or common schools, wherein reading, writing, arithmetic, geography, grammar, and other useful branches of English education may be taught; and for this purpose, the common council are authorized and empowered to purchase lots, erect school houses or buildings, and suitably to furnish the same, in such parts of the city as may by them be deemed the most convenient and beneficial to the citizens thereof: Provided , That not more than one house shall be erected for every seven hundred and fifty inhabitants, and to procure suita¬ ble teachers for the same; and said common council, or persons appointed by them, shall visit said schools quarter¬ ly, and report to the common council, at their annual meeting to be held for that purpose, the state of the mor¬ als, discipline, and progress in learning, in said schools; and the said common council are hereby empowered to assess upon the real estate of said city, the sum necessary to purchase lots and erect the buildings necessary for such purpose; and to assess a tax upon personal property, suffix INCORPORATIONS!. cicnt to raise the necessary sum of money for the support of said schools, which-assessment shall not exceed one quarter per cent, and constitute a fund exclusively for the support of common schools. The common council of said city are hereby empowered, by ordinance, to direct what¬ ever may be necessary to be done, for successfully carry¬ ing into operation the provisions of this section. Sec. 13. The common council of the said city are em¬ powered to regulate, grade, pave and improve the streets, a ^ leyff> avenues, lanes, and alleys, within said city, and to extend, graded Y 6 widen, and open the same, making the person or persons injured thereby, adequate compensation; to ascertain which, the common council shall cause to be summoned six good and lawful men, free holders and citizens of said cit} r , not directly interested in the case, who being first duly sworn for that purpose, shall enquire into and take into consideration the benefits as well as the injury which may accrue, and estimate and assess the damages which would be sustained by reason of the opening, extending, 5 and widening, of any street, lane or alley, which damages they shall then apportion and assess, upon any and all the real estate in said city, which they may believe will be benefitted by the opening, extending, or widening, any street, lane, or alley, in the said city; all of which they shall return to the common council of said city, under their hands and seals; and the assessment so made, shall be col¬ lected as other taxes on real estate, and paid over to the person or persons whose property has been taken for the purpose of opening, widening, or extending, any street, lane, or alley, in the said city; and upon the payment of the same, the person or persons whose property has been so taken, shall deed to the public forever, all such property as shall be taken for the purpose of opening, widening, or extending, any street, lane, or alley, as aforesaid. Sec. 14. That any person or persons appointed to col- Taxes may b# lect the tax on personal property, imposed by virtue of the collected by dis-- powers granted by this act, shall have power and authori- tiess and sale * ty to collect the same by distress and sale of the goods and chatties of the person or persons chargeable therewith, but, no sale shall he made unless twenty days previous no- T tice shall be given in some newspaper published in said iveiu city, or by putting up written or printed notices at two or more public places in said city; and when any tax on real estate within the city of Alton, is not paid according to the ordinances of the said city, the said real estate shall be sold for said tax, and shall be redeemable as may be pro¬ vided by ordinance. Sec. 15. That ali elective officers who shall be guilty of any palpable omission of official duty, or who shall wiR 24 INCORPORATIONS. Officers liable to indictment. Fine, Maj- be remov ed. All fines to be received in name of city. Execution. Ca. sa. may be issued. Ordinances may be passed by city authori¬ ty—binding. Taxes and fines to be paid to eity treasury; If Upper Alton Or any inhabit¬ ants wish to be connected with city of Alton. fully and corruptly be guilty of oppression, malconduct, or partiality in the discharge of his official duty, shall be liable to indictment before the municipal court of the city, and on conviction thereof he shall be fined in a sum not more than two hundred dollars, and the court shall have power, on the recommendation of the jury, to add to the judgment of the court that said officer, so convicted, shall be removed from office. Sec. 16. All fines, penalties, and forfeitures imposed by the ordinances of the common council of the city of Alton, or by this act, if not exceeding one hundred dollars, shall be recovered in the name of the city of Alton, before any justice of the peace residing in the said city; and if any such fine, penalty or forfeiture, shall exceed one hundred dollars, it shall be recovered in the name of the city of Alton, in any court having competent jurisdiction of the same, arid where the amount of the fine penalty or forfeiture is not specifically defined by ordinance, or by this act, the court trying the case shall say what the amount shall be, and execution shall issue forthwith, and be levied on the goods or chatties of the person or persons convicted to be found in the county of Madison; and if no goods and chat¬ ties be found upon which to levy, a ca. sa. may be issued against the body of any offender or offenders, who shall be imprisoned in the city jail$ forty-eight hours, for the first ten dollars of fine that may be issued against him, her, or them, and twenty-four hours for each additional ten dollars of fine as aforesaid. Sec. 17. The common council ofthe city of Alton shall have power to pass any ordinance for the government of the said city, not repugnant to the laws ofthe state; and all ordinances and acts passed by the common council afore¬ said shall be obligatory upon, and cognizable by the sever¬ al courts of this state, and justices of the peace, sheriffs, and constables, in the county of Madison, and all other persons within the limits of said city, to all intents and pur¬ poses, as the acts of the General Assembly of the State of Illinois. Sec. 18. All taxes, fines, forfeitures, and moneys, aris¬ ing from any source mentioned in this act, shall be paid into the city treasury, unless otherwise directed by this act or the ordinances of the city, to be expended for the benefit of the said city under the direction of the common council. Sec. 19. Whenever a majority of the inhabitants of Upper Alton, qualified to vote for Governor of this state, or whenever the inhabitants of any quarter section, half sec¬ tion, or section of land, adjoining the present limits ofthe city of Alton, shall vote in favor of becoming a part of said INCORPORATIONS. city, any three of them may make affidavit before a justice of the peace, who shall certify the same to the common council of said city, said common council may by ordi- M be receJv nance receive them as apart of said city; from thenceforth ed. the quarter section, half section, or section of land so re¬ ceived shall be a part of the said city; and the inhabitants thereof shall be entitled to all the rights and privileges, and bound by all the acts and the ordinances made in con¬ formity thereto. Sec. 20. All ordinances passed by the common council Ordinances to of the city of Alton, shall be published in some newspaper bs published, within the city, or posted up in two gf the most public places in said city, at least ten days before said ordinances shall take effect. Sec. 21. There shall be established in said city of Al- Court estabiisi*,- ton, a municipal court, which shall have concurrent or edincity * equal jurisdiction with the circuit court in Madison county, in all civil matters arising within said Madison county, and. exclusive jurisdiction of all criminal matters arising within the corporate bounds of said city, except such mat¬ ters as arecognisable^before justices of the peace; Provided , That the said court shall be held in said city in such place as may be provided by the common council thereof. Sec. 22. Said court shall he held by one judge, who Court to be held shall be appointed by joint ballot of both branches of the by one J ud s e * General Assembly, and commissioned by the Governor, and j udge sha]1 re . shall during his continuance in office, reside within the lim- side in city, its of said city, and shall receive a salary of one thousand Salary of judge dollars annually, payable quarter yearly by the common council of said city, which salary shall not be diminished but may be increased by said common council; Provided , always Provided. That the said judge may and shall be removed from office forjudge may be the same causes and in the same manner that the con- removed, stitution of this state provides for the removal of other judges. Sec. 23. That the docket fees now authorized and re- Fees to be paid quired by law to be paid to the clerk of the circuit court, shall l ° < j lei j k of be paid in all suits arising in the said municipal court, to by him ^I^city the clerk thereof, and shall by him be paid into the city treasury, treasury; out of which fees,together with the other revenues of said city, the salary of the judge and the other expenses of said court shall be paid. Sec. 24. That the grand and petit jurors of said muni- Jurors, cipal court shall be selected from the qualified inhabitants of said city, by the common council thereof, in the same manner as other jurors are selected by the county commis¬ sioners’courts of this state; which jurors shall possess the same qualifications, and [shall be] liable to the same punish- Duties and Ka- ments and penalties, and have the benefits ot [the] same ex- blllties ' D INCORPORATIONS, m Proviso. J urors, how summoned Compensa tion of jurors euses and exemptions, as are imposed upon and allowed by the laws of this state to other jurors; and they shall take the same oath, possess the same powers, and be governed in all their proceedings as is prescribed in the cases of other jurors, by the laws of this state; Provided , That the inhabit¬ ants of said city shall not be required to act as grand or petit jurors in the circuit court of said Madison county. Sec. 25. The said jurors shall be summoned by the sheriff of Madison county in the same manner as other juries are summoned by the sheriffs of this State; and the said juries shall be empannelled by the officers of the said municipal court, in the same manner as juries of circuit courts; and the judge of said municipal court shall have all the powers concerning jurors as are given by the laws of this State to the judges of the circuit courts. Sec. 26. The juries of said municpal court shall receive out of the city treasury the same compensation for their services as is allowed to the juries of the circuits courts, to be Treasurer shall P a ^ u P on tbe certificate of the clerk of the said municipal file certificate court, which certificate the treasurer shall file as his of clerk voucher. Sec. 27.'' The judge of said municipal court shall each™ ear C ° mt hold four terms of said court in each year, for the trans¬ action of civil and criminal business, and shall continue each term until the business before it shall be disposed of. Time of courts The said terms shall respec tively commence on the first Mon¬ day of January, April, July, and October: Provided al¬ ways, The common council of said city shall have power Terms may be ^ increase the number of terms of said court, or to alter the same by giving at least four weeks notice thereof in some newspaper printed in said city: Provided , also , That the common council shall so order and arrange the terms of the said courts, that said municpal court shall not be held during any sitting of the Madison circuit court. Sec. 28 . That the clerk of said court shall be ap¬ pointed by the judge thereof, and enter into bonds as clerks of the circuit courts are now required to do, and shall Fees of cie:k receive the same emoluments as the clerk of the circuit court for similar services; which fee shall be collected in the same manner as provided by the laws of this State. Sec. 29. That the rules and proceedings, not herein otherwise provided for, shall conform as near as may be Appeals grant to the rules and proceedings of the circuit courts of this @d from mum gmte, an d appeals from the municipal court shall be ta¬ ken and conducted in the same manner as provided by the laws of this State for the taking of appeals or writs of error from the circuit court. All judgments rendered in said municipal court shall have the same lean increased Proviso Judge to ap¬ point clerk cipal court INCORPORATIONS. 27 on real and personal estate, and shall be enforced and collected in the same manner as judgments rendered in the circuit courts of this State; and all appeals from Appeiilg A . om judgments rendered by the mayor of said city, or any justice peace justice of the peace within the limits of said city, may be taken to the next circuit or municipal court, whose term shall first happen, at the option of [the] appellant. Sec. 30; The judge of said municipal court, together Judge may with the advice and consent of the common council, shall regulate fees have power, from time to time, to establish, alter, and re¬ gulate the fees which shall be charged in all suits brought in and adjudicated by said court, and shall have power to order and direct the amount of fees and costs that shall be taxed against the successful or unsuccessful party in all such suits, which fees shall be taxed by the clerk of said court, and recovered and collected in the same manner as fees are recovered and collected in the circuit courts of this Sfate; and that all docket or jurors’ fees accruing or arising in said municipal court shall be paid into the city treasury; and that the grand and petit jurors shall be paid out of the city treasury the same compensa¬ tion as is now allowed to grand or petit jurors by the laws of the State: Provided, The aforesaid section shall not be construed to allow said judge or common council to levy a higher fee upon any resident plaintiff or defendant who may reside within the limits of said city, than is now imposed by the laws of this State; and said section shall only apply to parties plaintiff, or plaintiffs who may sue in said court, and who shall not reside within said city of Alton. Sec. 31. The common council shall have power to ap- Prosecuting at- point a prosecuting attorney for said municipal court, who torney shall conduct all suits brought by said city of Alton against natural or artificial persons, either before the mayor of said city, before any justice of the peace, or in the munici¬ pal court of said city, and who shall defend all cases in which the said city shall be made defendant, and who shall perform all the duties before said municipal court, as are or may be required of the several circuit attorneys, in their respective circuits in this state, nnd who shall be enti¬ tled to the same tees as said circuit attorneys are allow'ed for similar services in this state; and the said attorney shall be allowed such annual salary as the common council ar y shall order and direct. Sec. 32. The said municipal court shall be a court of Municipal record, and have a seal to be provided by the common court . a counof council, and all writs and process of said court shall be May have a tested in the name of the judge of said court, and seal signed by the clerk, under the seal of said court, and . Process * ested ° J ' 7 7 in name of INCORPORATIONS. Sha'lgive addi¬ tional bond Register’s of¬ fice. Judge and shall be directed in the same manner as other writs em&* signed by cleik na ting from circuit courts of this state; and the sheriff or other officer, serving said writs and process, shall receive Fees of sheriff the same fees as are allowed to sheriffs for similar services by the laws of this state. And the sheriff of Madison Deputies in city county shall be required to appoint one or more deputies, who shall reside within the corporate limits of said city. And the said sheriff of Madison county shall be required to give an additional bond, with the same penalty and same conditions as are required of sheriffs in the several counties of this state. Sec. 33. There shall be established in said city, a re¬ gister’s office with a common seal to be provided by the common council, in which all deeds, mortgages, and other instruments in writing, conveying, or relating to lands ly¬ ing in said city, shall be recorded; and it shall be the duty Duty cf register of the register of said city to record all such deeds, mort¬ gages, and other instruments in writing aforesaid, in pro¬ per and well bound books, to be provided by the common council for that purpose; and all such deeds, mortgages, and other instruments in writing, so recorded in the regis¬ ter’s office, shall have the same force and effect as if the same had been tiled, recorded in the recorder’s office of Madison county; and the said register shall be entitled to Fee* ofregister receive the same fees as are allowed to recorders of deeds in this state, and who shall perform all the duties within the said city, and be subject to the same liabilities as are re¬ quired of county recorders in this state. Sec. 34. The common council shall have power and authority to transcribe, into books suitable for that purpose, all deeds, mortgages, and other instruments in writing, re¬ lating to, or conveying lands, lying within the corporate li¬ mits of said city, noting at the end of each deed, mortgage, or other instrument in writing, the book and page in which said instrument is recorded in the recorder’s office of said county. And the said common council shall have power to appoint, for the purpose of transcribing said instruments in writing, some proper person or persons, who shall have free access to the records of Madison county, for the pur¬ pose of transcribing such instruments in writing as afore¬ said, and who shall receive such compensation for such services as the common council shall agree upon, to be paid out of said city treasury. r Sec. 35, The register of the said city shall keep his ter to be in city office within the boundaries thereof, in a safe and conve¬ nient place, to be provided for that purpose by the common council; and from and after this act shall take effect, the said register’s office shall be and remain,to all intents and purposes, the place in which to record deeds, mortgages. Common coun cil to appoint scribe who shall have ac¬ cess to all re- fiords Office of regis- INCORPORATIONS. 20 and title papers, and other instruments in writing, relating to lands within the limits of said city; and all copies of such deeds, mortgages, and other instruments in writing, from the records of said office, duly certified under the seal of said office, shall have the same force and effect as certi¬ fied copies made by other recorders. {Sec. 30. That from and after the officers of said city this^act are elecced at the first election under this act, and qualified all powers of for office according to the previous sections of this act, ail trustees to be the powers of the trustees, and other officers of the town v0ld * of Alton, shall be void; and the common council so elected and qualified, shall be deemed inlaw successors to the trus¬ tees to the town-of Alton, to all intents and purposes; and all obligations and contracts entered into by the trustees of Alton, shall be carried into full effect by the common council of said city of Alton. Sec. 37. That all copies of the ordinances or other pro- Copies ofordin- ceedings of the common council of the city of Alton, certi- read a S ™vfdeu- fied by the clerk of said city, under the seal thereof, shall ce. be read in evidence in any court of this state. Sec. 38. This act to he in force and effect from and af¬ ter its passage. Sec. 39. Nothing in this act contained shall authorize Property of the corporation to levy, assess, or collect, any tax or impo- state exem P l sition of any kind whatever, upon property owned by the hnm Uxatlon *' state. Approved, 21st July, 1837. AN ACT to incorporate the CentrewlJe Steam Mil) Company. j (1 - po lce J uly, 183I,.- Sec. 1. Be il enacted by ike people of the Stale of Illinois , represented in the General Assembly, That all such persons as shall hereafter become subscribers to the stock hereinaf¬ ter described, shall be, and they are hereby constituted and declared a body corporate and politic, by the name and Body corporate styleof the Centrevilie Steam Mill Company, from and after and politic.- the passage of this act, and by that name they and their successors shall have succession, and shall in law be capa- hie of sueing and being sued, plead and being impleaded in 1 J " eis ' all courts and places whatsoever, may have a common seal, and alter the same at pleasure; and they and their succes¬ sors may also by that name and style be capable in law of purchasing, holding and conveying away real and personal estate for the uses and purposes of said incorporation; sel j y e5 J^ t ld and which real estate shall not exceed one hundred and sixty INCORPORATIONS. so Further powers Capital stock may be increas¬ ed. Corporation to obtain subscrip¬ tions to stocft. iTo open books. I , \ 4 ; .it Amount to be paid on sub¬ scribing . Notice to be given of meet¬ ing. Election of di¬ rectors. Who may vote. Annual elec¬ tion . Meeting of di¬ rectors. President how made. rtcres of land, whereon to erect the necessary enclosures for carrying on the business of the company. Sec. 2. The said company hereby incorporated shall have power to erect a steam mill in the county of Fulton, and are hereby authorized to carry on the manufacturing of the various kinds of grain, wool, hemp, and other manu¬ factures; to export the same and other products of the coun¬ try, and to use all such powers and privileges as may be necessary to carry on the said manufactory according to the objects of this act as herein expressed. Sec. 3. The capital stock of said company shall consist of five thousand dollars, with the privilege of increasing the same to twenty thousand dollars, to be divided into shares of fifty dollars each. Sec. 4. For the purposes of carrying into effect the ob¬ ject of this corporation, N. C. Thompson, Joel Solomon, D. W. Vittuni, Harvey Crosthwait, and David Markley, are hereby appointed commissioners to obtain subscriptions to the capital stock of said company; and said commission¬ ers or a majority of them after giving geneial notice there¬ of in some newspaper printed in this state, may open books for the subscription of said stock, at such times and places as they may direct, and keep the same open till at least one hundred shares have been subscribed. Every sub¬ scriber, at the time of subscribing, shall pay tosaid commis¬ sioners one dollar for each share subscribed: and when such subscription is complete, as aforesaid, or within sixty days thereafter, said commissioners, or a, majority of them, shall call a meeting of the stock holders at Centreville, by a printed notice in some newspaper of general circula¬ tion in this state. Sec. 5. At said meeting the stockholders of said com¬ pany shall proceed to elect five directors, who shall manage, direct, and govern, the affairs of said company one year from the period of said election, and until their successors are elected and qualified; and that at said election, each stockholder shall be entitled to one vote for each share he may hold; and a majority of all the votes given shall be re¬ quired to make an election. ,, .. The period of election of directors as aforesaid, shall be annually on the first Monday of the month in which the first election shall be held. Sec. 6. Immediately after the directors are chosen as aforesaid, they shall hold a meeting, at which and at all sub¬ sequent meetings of said board, a majority of the directors shall constitute a quorum. That they shall proceed to the election of a president from their own body, a secretary who shall be sworn by a justice of the peace to the faithful discharge of his duty> and who shall record all votes of INCORPORATIONS. 31 the corporation in a book by him kept for that purpose; a treasurer, who shall give bond to such amount and in such Treasurer to manner as the said president and directors shall direct; and g‘ ve bond - the board shall appoint all other officers and agents as to them shall seem necessary. Sec. 7. Said president and directors shall have power Power to rule to make and establish all such by-laws, rules, and regula* b y- law f ancl tions as shall be necessary, and not inconsistent with the ie s uIatl0ns - laws of this state and the provisions of this act, which may¬ be necessary for the payment or collection of the subscrip¬ tions to its stock, and the transfer of the same, and of pro¬ perty, or that in any other way may concern the manage¬ ment and direction of the affairs of said company. Sec. 8. If it should happen thatany election should not Election, if not be made the day when by the provisions of this act it should hel ^ ]d v ^ hen il be made, the corporation shall not for that reason be dissolv- s pp e ' ed, but such election may be held on any other day within thirty days thereafter, public notice being given by the di¬ rectors thereof. Sec. 9. This act shall be deemed a public act and shall Public act, be construed favorably for the purposes therein expressed, and declared in all courts and places whatever. Approved, 21st July, 1837. AN ACT to Incorporate the To.vn of Caledonia. Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly, That Justus Post, E. B- Clemson, H. L. Webb, R. A. Nelson, and Thomas Forker, be, and they are hereby constituted a body politic and corporate, to be known by the name of the Piesident and Trustees of the town of Caledonia; and by that name they and their successors shall be known in law, have perpetu¬ al succession, sue and be sued, plead and be impleaded, defend and be defended, in courts of law and equity; and in all actions and matters whatsoever, may grant, pur¬ chase, receive and hold property, real and personal, with¬ in said town and no other; and may lease, sell, and dispose of the same for the benefit of the town, and may have power to lease any of the reserved lands which have been, or may be, appropriated to the use of said town, and may do all other acts as natural persons; may have a common seal, change and alter the same at pleasure. Sec. 2. That all those tracts of land, to wit: South half of section 23, sections 26,27, and 34, in township 15, In force 21st July, 1837. Individuals constituted bo¬ dy politic and corporate Powers May hold pro¬ perty, real and personal May lease land3 Boundaries of town 3 2 INCORPORATIONS. south, range one, east of the third principal meridian, be, and the same is hereby declared to be within the bounda¬ ries of the town of Caledonia. Sec. 3. The corporate powers and duties of said town Powers vested shall be vested in five trustees, after the term of the pre- m fke trustees sent i ncu!n bents has expired, to wit: on the first Monday of October, who shall form a board for the transaction of business. Trustees to be Sec. 4. The members composing the board of trustees elected annual- shall be elected annually, on the first Monday in Septem- Timeof her, sorve f° r one year, an d till others shall be legally qualified; they shall be at least twenty-one years of age, citizens of the United States, and shall possess a freehold Qualifications es j a |- e within the limits of the corporation. Those per¬ sons only shall be qualified to vote for trustees, or in such town meetings as may be held in conformity to this act, who possess the requisite qualifications to vote for state officers, and have resided within the limits of the corpora¬ tion six months previous to such elections or town meetings. Sec. 5. The board of trustees shall appoint their presi¬ dent from their own body; shall appoint all other officers of their board, and shall be the judges of the qualifications, elections and returns of their own members, and shall have power to fill all vacancies in the board occasioned by death, resignation or six months’ absence of any member thereof. A majority shall constitute a board to do busi¬ ness, but a smaller number may adjourn from day to day, may compel the attendance of absent members, in such manner, and under such penalties as the board may To make rules provide. They may determine their rules of proceedings, and regulations and make such other rules and regulations for their own government as to them may seem proper and expedient. Sec. 6. The board of trustees shall have power to May levy and j eV y anc j collect, taxes upon all real estate within the town, collect tclX •/ t A * not exceeding one per cent, upon the assessed value thereof, except as may be hereinafter excepted; to make Health of town regulations to secure the general health of the in- Removenui- habitants; to prevent and remove nuisances; to restrain sances cattle, horses, sheep, swine, and dogs from running at large; Night watches to establish night watches, erect lamps in the streets, t and lighting of the same; to erect and keep in repair, merchants &c bridges; to license and tax merchants; to regulate auc- ’ tions, taverns, groceries, and pedlers, theatrical and other shows, billiard tables, and other amusements; to restrain and prohibit gaming houses, bawdy houses, and other dis¬ orderly houses; to prevent the shooting of fire arms within the limits of the corporation; to establish and erect mar¬ kets; to open and keep in repair streets and avenues, lanes, alleys, drains, and sewers, to keep the same free Who to vote for trustees President how appointed Power to fill vacancies Quorum To prohibit gamiug &c. Markets INCORPORATIONS. 33 from incumbrances; to establish and regulate a fire de- Fire depart- partment; to provide for the prevention and extinguishing lnellt of fires; to regulate the polico of the town; to regulate the Police election of town officers, to fix their compensations; to es- 0fficers tablish and enforce quarantine laws; and from time to . • j rr j ji i* J ass ordmau- time to pass such ordinances to carry into eilcct the oral- ces nances of this act, and the powers hereby granted, as the good of the inhabitants may require, and impose and ap¬ propriate fines and forfeitures for the breach of any ordi¬ nance, and to provide for the collection thereof; and that in cases arising under this act, or growing out of the by laws and ordinances made in pursuance of this act of in- Justice ofpeafde corporation, any justice oi the peace within said coipoia- dictioil J tion shall have jurisdiction to hear and determine the same, Appeal may be and an appeal may be taken, and writs of certiorari al- lowed from any such decisions in the same manner as now rari is or hereafter may be provided by law for appealing from judgments of justices of the peace Sec. 7. The board of trustees shall have power to May levy tax levy a tax for the erection of school houses, and the of support of common schools within said corporation, and loan mo _ to raise money by loan on the credit of the town for com- ney mencing and prosecuting works of public improvements: Provided , however , That the same shall be submitted to the vote of the citizens of the town, and approved by a ma¬ jority thereof. Sec. 8. That, upon the application of the owners of Special tax two-thirds of the real estate upon any street, it shall be ma; y be levied lawful for the board of trustees to levy and collect a spe¬ cial tax on the owners of the lots on said street, accord¬ ing to their respective fronts, for the purpose of grading and paving the side walks of said streets. Sec. 9. That the board of trustees shall have power p °^ ert0 ^ ade » to regulate, grade, pave, and improve the streets, ave- streets nues, lanes, and alleys, within the limits of said town, and to extend, open, and widen the same, and to set aside May extend & and appropriate sufficient ground for a square, for a market, and other public purposes, making the person or persons impaired thereby adequate compensation, to ascertain which the board shall cause to be summoned twelve good! 11 vvha - t cas ® ii c i r iii . . , a free holders to and lawiul men, ireeholders and inhabitants of said town, be summoned not directly interested, who being first duly sworn for that purpose, shall enquire into and take into considera¬ tion as well the benefits as the injury*nvhich may accrue, and estimate and assess the damages which would be To estimate &, sustained by opening, widening, or extension of any assess ^amsges Street, avenue, lane, or alley, or setting aside and appro- and benefit printing greund for a market square, and other public purposes, and shall, moreover, estimate the amount which E square 34 INCORPORATIONS’. tax Lots may be sold other persons will be benefited thereby; and shall eon- Estimate to be tr ^ ute towards compensating the persons injured; all of returned to which shall be returned to the board of trustees under trustees their hands and seals, and the person or persons who shall be benefited and so assessed, shall pay the same in such manner as shall be provided, and the residue of any shall be paid out of the town treasury. Maysurvey & Sec. iQ, That the trustees shall have power to survey record'"same anc ^ P^t the grounds within the corporation limits, and record the same, which, when thus surveyed, platted, and recorded, shall be a governing plat for town uses and Proviso. purposes: Provided , however , That this shall not be so con- r^huobeke t s ^ rue ^ as to give the trustees power, so to vary from any inviolate P established plat as thereby to affect the rights of private individuals. Neglect or re- Sec. II. That whenever the owners of any lot or piece fusai to pay 0 p g rounc [ included within said incorporation shall neglect or refuse to pay the tax or taxes levied on the same, when they may become due, it shall be the duty of the trustees to advertise the same for non-payment, either in a news¬ paper printed in said town or by posting in three of the most public places in said town for the space of sixty days, and on further failure of payment thereof, to sell at public sale said lot or piece of ground to pay said taxes and defray the expenses of collection. Ordinances to Sec. 12. All ordinances shall, within ten days after be published their passage, be posted in three of the most public places in said town. Lots sold, how Sec. 13. That when any real estate in said town and when re- shall be sold by the authority of said corporation for the deemed non-payment of taxes, said lands may be redeemed in the .. time that other lands are redeemed by virtue of the laws of this state, upon paying the treasurer of the board dou¬ ble the amount of taxes for which the same was sold, to¬ gether with all the costs accruing on such sale; lands not redeemed under such shall be conveyed by special war¬ ranty, under the seal of said corporation. Officers of town Sec. 14, The officers of said town in addition to the trustees, shall consist of one clerk, one street commis¬ sioner, one treasurer, three assessors, one town constable and collector, one town surveyor, and such other officers as the trustees of said town may deem necessary for the good of said town. MBIM1 . 4e Sec. 15. That the president and trustees of said town r ire companies . , r i • , , shall, whenever they may deem it necessary, order the formation of fire engine companies, and hook and ladder companies: said companies to contain such number of members as said trustees by their ordinances shall di¬ rect. The members of said companies shall be exempt INCORPORATIONS. 35 from jury and military duty; and whenever a member Members ex- of either company shall have served twelve years, he®“ pt ^® m mi1 ’ shall receive a discharge from the incorporation, signed by the president, and shall from thereafter be exempt from further jury and military duty, except in cases of invasion. Sec. 16. That all lots of lands or parcels of ground Property of in said town, or which have been conveyed by the origi- town nal proprietors thereof, or other persons, to the inhabi¬ tants of said town in the aggregate capacity, or to any person or persons in trust for them, or for their use and benefit, and all funds raised, or to be raised by the sale of donation lots or otherwise, whether for rue erection of school houses, academies, or places of public worship, are hereby declared to belong to, and to be vested in, said corporation, and shall be under the management and direction of the trustees aforesaid and their successors, and applied in furtherance of the objects intended by the the proprietors or donors thereof; and the said trustees shall have power to institute suits for the recovery of every or any such lots or parcels of ground, should it be necessary, and to perfect in them and their successors the title thereof, or to make such other adjustment re¬ lative thereto, as to them shall seem expedient and proper. Sec. 17. That it shall be the duty of the board of trus- Town meetings tees, in such manner as they may hereafter provide, to give notice of all town meetings to be held, whether for the election of trustees or any other purpose, arising under the provisions of this act, ,by posting the same in three of the most public places in said town, and stating therein the object of such meeting: Provided , however , Proviso < : That not less than three days’ notice of any such meet¬ ing shall in any case be given except in cases of emer¬ gency. Sec. 18. That the members of the board of trustees, AI1 officers t0 and every officer of said corporation, shall, before enter- a e ° L ing on the duties of his office, take an oath or affirmation before some judge or justice of the peace to support the constitution of the United States and of this State, and faithfully to discharge the duties of their several offices. Sec. 19. That the trustees may have to divide said Wards of town town into such number of wards as to them shall seem expedient and proper: Provided , however , That no slock, belonging to citizens without the boundaries of said town? shall be hurt by the authority of said corporation. Approved 21st July, 1837. 36 / INCORPORATIONS. In force 21st July, 1837. Body politic & corporate crea¬ ted Name & style Powers May have seal All privileges jrecessary Commissioners authorized to build railroad to central rail¬ road May join Road may ba laid out wide enough for dou¬ ble or single trackway Proviso Lands, &c. to be paid for Capital stock Shares Government vested in five directors Quorum AN ACT to incorporate the Caledonia Railroad Company. Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That William L. D. Ewing, James L. Curtis, Nathaniel P. Talhnadge, Silas M. Stilwell, Henry L. Webb, Ferris Forman, Herman W. Childs, Benjamin W. Brooks, John A. McClernand, Willis Willard, James L. Hodges, James Reed, Michael Gra¬ ver, and Winsted Davie, and their associates, successors, and assigns, are hereby created a body corporate and politic, under the name and s + yle of the Caledonia Railroad Company, for the term of fifty years; andby that name may be and are hereby made capable in law and equity to sue and be sued, plead and be impleaded, defend and be defended, in any court or courts of record; to make, have, and use a common seal, and the same to re¬ new and alter at pleasure; and shall be and are hereby vested with all the powers, privileges, and immunities which are or may be necessary to carry into effect the purposes and objects of this act as hereinafter set forth; and the said company are hereby authorized and em¬ powered to locate, construct, and finally complete a railroad from the town of Caledonia, in Alexander county, to the central railroad at Jonesboro’, or some point upon said railroad south of Jonesboro’, upon the most eligible and convenient route; and said corporation is hereby authorized to join and connect with the cen¬ tral railroad, and for this purpose the said company are authorized to lay out their said road wide enough for a double or single track through the whole length; and for the purpose of cutting embankments, stone, and gravel, may take as much more land as may be necessary for the proper construction and security of said railroad: Pro¬ vided , All damages that may be occasioned to any person or corporation, by taking such lands or materials for the purposes aforesaid, shall be paid for by the company in the manner hereinafter provided. Sec. 2. The capital stock of said company shall con¬ sist of three hundred thousand dollars, to be divided into shares of one hundred dollars each. The immediate gov¬ ernment and direction of said company shall be vested in five directors, who shall be chosen by the stockholders of said company in the manner hereinafter provided, who shall hold their offices for one year after their election, and until others shall be duly elected and qualified to take their places as directors; and the said directors, a majority of whom shall form a quorum for the transaction of busi¬ ness, shall elect one of their numbers president of the board, who shall also be the president of the company. ' INCORPORATIONS. 37 Sec. 3. The said corporation is hereby authorized by p ower t0 make their agents, surveyors, and engineers, to cause such ex- surveys, &c. aminations andjsurveys of the ground and country to be made between said points as shall be necessary to deter¬ mine the most advantageous route for the proper line or course whereon to construct their said railroad; and it shall be lawful for the said corporation to enter upon, May take and take possession of, and use all such lands _ and realiands, &c.ne- estatc as may be necessary to the construction and main- cessai-y tenance of their said railroad, and the accommodations requisite and appertaining to the same; and may, also,hold all such lands as they may purchase or receive in any manner for the necessary purposes of said road : Provided , That all lands or real estate entered upon, and taken pos¬ session of, and used by said corporation for the purposes and accommodations of the said railroad,or upon which the site for the said railroad shall have been located or deter¬ mined by the said corporation, shall be paid for by the said corporation in damages, if any be sustained by the owner or owners thereof, by the use of the same, for the purposes of said railroad, which damages shall be ascer¬ tained in the same manner that damages are ascertained in the case of public roads running through the lands of individuals, some one of the directors acting in the stead of the supervisor of the general road law. Sec. 4. If any person shall wilfully, maliciously, or Fenal ff tor in- wantonly, and contrary to law, obstruct the passage of J J any car on said railroad, or any part thereof, or any thing belonging thereto; or shall damage, break-, or destroy any part of said railroad, or implements or buildings, he, she, or they, or any persons assisting, shall forfeit and pay to said company for every such offence treble the amount of damages that shall be proved before any court competent to try the same, to be sued for in the manner and be¬ half of said company; and such offender or offenders shall Offenderdeem- be deemed guilty of a misdemeanor, and shall be liable edgullty of to an indictment in the same manner as other indictments are found in any county or counties where such oRence shall have been committed; and upon conviction, such offender or offenders shall be liable to a fine not exceed- Fllie ing one thousand dollars, for the use of the county where such indictment may be found. Sec. 5. The time of holding the annual meetings of Annual meet- the said company, for the election of directors, shall be fixed ing and determined by the by-laws of said company, and at all meetings each stockholder shall be entitled to vote, in Who may vote person or by lawful proxy, one vote for each share he, she, or they may hold in said stock. Sec. 6. Nathaniel P. Tallmadge, James L. Curtis, and 38 INCORPORATIONS, Commissioners to open books of subscription Notice to be gi¬ ven when books are to be opened, in newspaper printed at Van- dalia Amount paid on subscribing Books to be gi¬ ven to directors Proviso Company may borrow money Henry L. W ebb, are hereby appointed commissioners to open subscription books for the stock of said company; and said commissioners or a majority of them, are hereby authorized to open subscription books for said stock, at such places as they may deem proper, and shall give at least thirty days’ notice of the times and places when and where such books will be opened, in the state paper print¬ ed at Vandalia, and shall keep said books open at least five days, unless the whole amount of capital stock shall be subscribed before the expiration of the said five days; and they shall require each subscriber to pay five dollars on each share subscribed, at the time of subscribing; and at the expiration of the said five days, if the whole of the said capital stock shall be subscribed, the said commissioners shall call a meeting of the stockholders by giving ten days’ notice in a newspaper printed in Vandalia; and at such meeting it shall be lawful to elect the directors of the said company; and when the directors of said company are chosen the said commissioners shall deliver said subscip- tion books, together with all sums of money received by them as such commissioners, to said directors; Provided , That'no person shall be a director unless he shall own at least five, shares of the capital stock. Said company is hereby athorized to borrow any sum of money not ex¬ ceeding their capital stock, and to make all such con¬ tracts as said corporation may deem necessary to carry into effect the powers and privileges hereby granted. Sec. 7. That the rights of way and the real estate pur¬ chased for the right of way by said company, whether by mutual agreement between the said corporation and the owner or owners of said land or real estate, or which shall become the property of the said company by opera¬ tion of law as is in this act provided, shall, upon the pay¬ ment of the amount belonging to the owner or owners of such lands, as a compensation for the same, become the property of said corporation, absolutely and in fee sim pie. Sec. 8. The legislature reserves to itself the right to by S State SCIVed ' P urc ^ase the stock of said company at any time, by paying the amount actually expended thereon, with the interest at the rate of six percent, per annum; and for the purpose of ascertaining the value thereof, the legislature may appoint two or more commissioners, who, being duly sworn, shall proceed to ascertain by inspection and the oath of witnesses, the actual value of the road, fixtures, apparatus, and cars as aforesaid. The corporation may take and transport on the said railroad any person or persons, merchandize, or other property, by the force and power of steam, or ani¬ mals, or any combination of them; and may fix and es- INCORPORATIONS. 39 tablish, take and receive such rates of toll for all passen¬ gers and property transported upon the same, as the di¬ rectors shall from time to time es.ablish; and the directors arc hereby authorized and empowered to make all neces¬ sary rules and regulations, by-laws and ordinances, that they may deem necessary and expedient to accomplish the designs and purposes, and to carry into effect the provisions of this act, and for the transfer and assignment of its stock, which is hereby declared personal property, and transferable in such manner as shall be provided for by the by-laws and ordinances of said corporation. Sec. 9. Said company shall transport the United States mail upon the whole line of said road, whenever re¬ quired by the Postmaster General; Provided , That if the Postmaster General and the company shall be unable to agree upon the compensation to which said company shall be entitled, the Postmaster General may choose one per¬ son and said company shall choose another, who, should they be unable to agree upon the compensation to which said company shall be entitled, shall choose a third person, and the compensation fixed by them or a majority of them, shall be binding upon said company. Sec. 10. If the said company shall not commence the work within two years from the passage of this act and complete within five years, then this act shall thenceforth cease and be void. Approved 21st Ju I v, 1837. mf / Tolls Stock declared personal pro¬ perty Shall transport U. States mail when required Proviso If road not made in five years charter to be void AN ACT to amend a An act to incorporate the Chicago and Fox River In force 21st Turnpike Road Company,” approved March 1st, 1837. July, 1837. Sec. 1. Be it enacted by the people of the State of Illinois , TM rte enth sec- rep v esented in the General Assembly , That the thirteenth tion of act re¬ section of the act, entitled “An act to incorporate the pealed Chicago and Fox River Turnpike Road Company,” ap¬ proved March 1st, 1837, be and the same is hereby re¬ pealed. Approved 2lst July, 1837. 40 INCORPORATIONS. In force 21st July, 1837 AN ACT to increase the Capital Stock of certain Companies. C api tal in creased 000 Sec. 1. Be it enacted by the people of the State of Illi¬ nois , represented in the General Assembly , That the capi¬ tal stock of the Pittsfield and Mississippi Railroad Com¬ pany is hereby increased the sum of two hundred thou¬ sand dollars; and the capital stock of the Winchester, Lynnville, and Jacksonville Railroad Company, is hereby increased two hundred thousand dollars. The president Powers of pre- anc j directors of said companies shall severally have pow- sident and di- . .. r . ■ . , x , . ., , n J r , rectors er dispose or the stock not subscribed tor, upon such terms as they may deem for the interest of the corny panics. Approved 21st July, 1837. In force 21st July, 1837 AN ACT to incorporate the Alton Ferry Company. Vested with rights Sec. 1 . Beit enacted by the people of the State of Illinois^ represented in the General Assembly , That Enos H. Harri¬ son, John Ligerson, Wallace Ligerson, and Jeremiah A. Body corporate Townsend, and such other persons as may associate with them for that purpose, be and are hereby constitu¬ ted a body corporate by the name oi the “Alton Ferry Company,” for the purpose of transporting,.taking, and carrying property and persons across the Mississippi river, from the town of Alton to the opposite shore, by the power and force of steam, of animals, or of any mechan¬ ical or other power, or of any combination of them which the said corporation may choose to employ; and by that name they and their successors shall be and hereby are vested with all the rights and privileges of ferrying across the said river, and may have succession, and shall be persons in law capable of contracting and being con¬ tracted with, sueing and being sued, pleading and being impleaded, in all courts of law and equity, and in all man¬ ner of actions; and that they and their successors may have a common seal, and may change and alter the same at their pleasure. Sec. 2. The capital stock of said company shall con¬ sist of twenty-five thousand dollars, divided into two hun¬ dred and fifty shares of one hundred dollars each. Sec. 3. That the place of meeting for said company shall be at Alton. Sec. 4. That for the purpose of carrying into effect the object of this incorporation, Enos H. Harrison, John Capital stock Shares Place of meet ing INCORPORATIONS. 41 Ligerson, and Jeremiah A. Townsend, are hereby ap¬ pointed commissioners to obtain subscriptions to the capi¬ tal stock of said company; and said commissioners, or a majority of them, after giving general notice thereof in some paper printed in this state, may open books for the subscription of said stock, at such times and places as they may direct, and keep the same open till the said capital stock is subscribed. Every subscriber shall at the time of subscribing pay to said commissioners the sum of one dollar for each share subscribed. When such subscription is complete, or within sixty days thereafter, said commissioners, or a majority of them, shall call a meeting of the stockholders at Alton, by a printed no¬ tice in some newspaper of general circulation within this state. Sec. 5. That at said meeting the stockholders of said company shall proceed to elect five directors, who shall manage, direct, and govern the affairs of said company one year from the period of said election, and until their successors, who shall be vested with the same authority, are elected. Sec. 6. And that at said election each stockholder shall be entitled to one for each share of stock he may hold; and a majority of all the votes given shall be re¬ quired to make an election. Sec. 7. That the period of election shall be annually the first Monday in the month in which the first election was held. CommissiemerB to obtai n sub¬ scriptions to stock Books to be opened When subcrip- tion is com¬ plete Election of di¬ rectors Term of office One vote for each shave Election to b« annually Sec. 8. That immediately after the directors are cho¬ sen as above, they shall hold a meeting, at which, and at all subsequent meetings, a majority shall constitute a^ u0ium a quorum, and that they shall proceed to the election of a president from one of their number. Sec. 9. That said president and directors shall have power, from time to time, to make all such by-laws, not aiT'by-kwT^ 6 inconsistent with the constitution and laws of this state, which may be necessary for the management and di¬ rection of the affairs of the said company. Approved 21st July, 1837. AN ACT to incorporate the Fairfield Library Company. In three 2d March, 1837 Sec. I. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That Thomas A. Wood, William Borah, C. J. Ridgway, Rigdon B. Slo* F 42 INCORPORATIONS. Powers Body eonstitu- camb, Jeffrey Robinson, Caleb Williams, William F. Tur- le an< 3 until their successors are elected, who shall be laws empowered to make such by-laws, rules and regulations, as they, or majority of them, shall deem best calculated to promote the welfare of the society. Sec. 3. That the directors shall appoint their own chairman and secretary for the time being, and hold their meetings at such times and places as they may think pro¬ per; and the directors shall be capable in law and equity of sueing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in any court or courts, place or places what¬ soever. Sec, 4. That the directors and their successors in of¬ fice shall be in law capable of purchasing, holding, and conveying any personal or real estate for the use of said corporation, not exceeding their capital stock: Provided , J60 Teres tha ° corporation shall not be allowed at any one time to own more than one hundred and sixty acres of land. Sec. 5. That the directors shall have power to de¬ mand and receive all moneys that are already due by sub¬ scription or otherwise, or that may hereafter become due by fines, donations, or contributions of what nature soever, which, when collected, they shall disburse in the purchase of books, maps, or in such manner as a majority of them may deem best for the interest of the society; all debts already contracted by individuals for the use and benefit of the society, being first paid. Duty, of direc- Sec. 6. That it shall be the duty of the directors am tors nually to appoint a librarian, whose duty shall be pre¬ scribed by the by-laws of the society. Vacancies how Sec. That the directors shall have power to fill such filled ’ vacancies as may happen in their own body during the time being, and to assess such moderate fines for any breach of the by-laws, and for the loss or destruction of any book or books belonging to the library, as may be reasonable and just. Sec. 8, That the directors shall designate the mode of To hold estate INCORPORATIONS, 43 admitting persons wishing to become members of the so- Members, bow ciety. The capital stock of said society shall be two c^itaT* stock thousand dollars, with the the privilege of increasing the may be in¬ same to live thousand dollars. creased Sec. 9. The stock of the company shall be divided Shares into shares of twcntv dollars each, which shall be sub- scribed for and and paid in, as the directors may, from time to time, direct: Provided . That they are not allowed to call for more than one-fifth of said capital stock per annum. Sec. 10. That books shall be opened for the subscri- Books to be bers of stock in said institution at such time and place or °P euerl places as the directors may prescribe. Sec. II. That no member shall withdraw his interest from the institution, but may transfer the same to any per¬ son or persons he may think proper, whom the society may admit as a member or members: Provided , That the trans¬ fer be made in presence of the librarian, and entered on the records of the society. Sec. 12 . That this act shall be in force from and after its passage. v ' ' Approved, 2d March, 1837. [This bill, through inadvertency, was left out of the prin¬ ted incorporation acts of the session of 1836 & ’7.) AN AC T to incorporate the Fayette county Manual Labor Seminary. Created a body corporate and Sec. 1 . Ba it enacted by the people of the State of Illinois^ ollUc ' represented in the General Assembly , That Harvey Lee, Wil¬ liam Walters, James Black, Charles Prentice, Asahel Lee, William Linn, Moses Philips, J. M. Morse, N. M. McCur¬ dy, Robert Blackwell, and Francis B. Hickman, be, and they are hereby created a body corporate and politic, by the name and style of the “Trustees of the Fayette county Manual Labor Seminary,” and by that style and name to have perpetual succession. The said seminary shall be lo¬ cated on some eligible situation, in the township in which p ov .. ers the town of Vandalia is located. Sec. 2. The corporate powders hereby given shall be such as are usually conferred on similar corporate bodies, to wit: to have perpetual succession, to make contracts, to sue and be sued, to plead and be impleaded, to grant and receive by its corporate name, and to do all such acts and things as a natural person may; .acquire, purchase, or sell property real or personal, and in all lawful ways, to use, 44 INCORPORATIONS, 4 Authority. manage and dispose of the same; may have a common sea!* and may alter and change the same, and may make by-laws for its regulation, not inconsistent with the constitution and laws of the United States or of the State of Il¬ linois. Sec. 3. The trustees of said seminary shall have authori¬ ty, from time to time, to prescribe the course of studies to be pursued in said institution; the amount of labor to be re¬ quired of the students thereof; to fix the rate tuition, and other academic expenses; to appoint instructors, and such other officers and agents as they may consider necessary to the proper managing the concerns of said institution; may define their duties, fix their compensation, and at the pleasure of a majority of the trustees, displace 'or remove them. Trustees may fill vacancies. To appoint a treasurer. To be free for all denomina¬ tions. What lands may be held. Sec. 4. The trustees for the time being, that their suc¬ cession may be perpetual, shall have power to fill any va¬ cancy which may occur in their number from death, re¬ signation or removal, or other cause; a majority of the trustees for the time being, shall be a quorum to do busi¬ ness, and shall have power to increase their number to any amount not exceeding twelve; Provided , That two-thirds of the trustees for the time being, shall concur in the ap¬ pointment of the trustees to be added. Sec. 5. It shall be the duty of said trustees to appoint one of their number treasurer to the board, who shall be required to give bond, with such surety as may be deem¬ ed sufficient, conditioned for the faithful performance of such duties as may be required of him by the by-laws. Sec. 6. The said institution shall be open to all de¬ nominations of Christians, and the profession of any particu¬ lar religious faith shall not be required of those who may desire to become students in said institution. Sec. 7>. The lands and tenements to be held in perpe¬ tuity, by virtue of this act, shall not exceed six hundred and forty acres; Provided however , That if any donation, grant or devises in land, shall from time to time be made to said corporation, over and above the six hundred and forty acres held in perpetuity, as aforesaid, the same may be re¬ ceived and held by said corporation, for the period of five years from the date of any such donation, grant, or devise; at the expiration of which time, if the said lands be not sold by the said coporation, then the said land so donated, granted, or devised, shall revert to the original donor or grantor, or to the heirs of said devisor of the same. Sec. 8 . This act shall be in force from and after its passage. [This billhaving been laid before the council of revision, and ten daysnot having intervened before the adjournment INTERNAL IMPROVEMENTS, 45 of the General Assembly, and the said bill not having been returned with the objection* of the council, on the first day of the present special session of the General Assembly, the same has become a law., Given under my hand, the 11th day of July, A. D. 1837. A. P. FIELD. Secretary of State . ( ~ ' ' M' 1 AN ACT further supplemental" to an act to establish and maintain a General | System of Internal Improvement. Sec. 1. Be it enacted by ihe people of the State of Illinois, represented in the General Assembly, That the commission¬ ers of public works be and they are hereby authorized and required, as soon as practicable, to proceed to the sur¬ vey, location and construction of the several routes of rail¬ road, and other public improvements, indicated by the act to which this is a supplement, any thing in the fifteenth sec¬ tion of said act to the contrary notwithstanding. Approved 2lst July, 1837. AN ACT concerning Calvin’s Slough. In force 21st July, 1837. Sec. 1. Be it enacted by the people of the State of Illinois, Calvin’s slough represented in the General Aesembly , That Calvin’s Slough, d ^| ared navi " in the county of Greene, is hereby declared a navigable b stream and public high way, from its confluence with the Illinois river to the town of BlufFdale. Sec. 2. That the time of holding elections for a justice T ime eIecv of the peace and constable in each of the towns of Green¬ field and White Hall, in Greene county, as authorized by “an act to incorporate the towns of Greenfield and White Hall, in Greene county,” approved on the fourth day of March last, may be fixed and ordered to take place bc fixc SGT. Lounty. ^ The people of the State of Illinois , To any Constable of said county , Greeting: You are hereby commanded to summon C. D. to appear Ofsi,mm0MS ' before me, at my office in in said county, on the day of 183 , at the hour of* o’clock A. M., to answer the complaint of A. B. for a failure to pay him a certain demand not exceeding one hundred dollars, and hereof make due return as the law directs. The said defendant is hereby also notified that the said plaintiff says that he has no witness by whom to prove his demand, ex- cept it be by his own oath, or the oath of the said defend¬ ant; and unless the said defendant appear at the trial of said complaint, the plaintiff will be permitted to prove his de¬ mand by his own oath, as by law is directed in such cases. Given under my hand and seal at my office in in said county this day of A. D. 183 E. F. J. P. [l. s.] And if the defendant or defendants shall not appear at doe^not appear the time of trial, after being served with such summons ac- or assign reason cording to law, and no sufficient reason be assigned to the justice why he or she does not appear, then the plaintiff'shall be permitted to prove his or her demand by his or her own Plaintiff may oath, as is now provided by law, without giving any other or pvove ' further notice to the defendant or defendants. Sec. 2. Nothing here contained shall be construed so as to prevent any plaintiff or defendant, in any suit pend¬ ing before a justice of the peace, from proceeding as is pro¬ vided in the 5th section of the act to which this is an amend¬ ment. This act to take effect and be in force from and af¬ ter its passage. Approved, 21st July, 1837. AN ACT in relation to the Penitentiary. / f orce 0{ S £ July, 18377 Sec. 1 . Be it enacted by the people of the State of Illinois , Law repealed. represented in the General Assembly , That the first and se¬ cond sections of an act passed February 9th, 1837, enti- 48 PRACTICE. tied “an act to amend an ac,t to regulate the penitentiary,” approved February 19th, 1833, be and the same are here¬ by repealed. Powers of in- Sec. That all the power and authority hereby con- epectorsofPen- ferred on the warden of the penitentiary, is hereby vested itentiary. i n t] ie inspectors thereof; who are authorized and empower¬ ed to appoint a superintendent of the penitentiary, to su¬ perintend and manage the affairs of the said penitentiary, or to farm out the convicts to some individual or individu¬ als, as they in their judgment may think will best advance the interest of the state. In case of fail- S EC . 3 , That the inspectors of the penitentiary, on a expense. e my failure of realizing from the labor of the convicts confined in the said penitentiary, a sum sufficient to defray the ex¬ penses of a superintendent, or in case they farm out the convicts to some individual or individuals at less than suf¬ ficient to defray the incidental expenses, and support the con¬ victs, they shall have powerto drawon the auditor of public accounts for the sum not exceeding eight hundred dollars. Sec. 4. This act shall take effect from and after its pas¬ sage, and be in force till the close of the next session of the General Assembly. Approved, 2 lst July, 1837. In force 2ist, AN ACT in relation to the county of Cass. July, 1837. Preamble. Whereas, at an election held in the county of Morgan, according to the provisions of “an act for the formation of the county of Cass,” it appears that a majority of the voters of said county, voted for the creation of said county; and whereas, at an election for the county seat of said county, Beardstown received the highest number of votes for the county seat; and whereas, some doubts have been express¬ ed as to the legality of the proceedings of said elections; now, therefore, to remove all doubts on that subject: County of Cass Sec. 1* P e it enacted by the people of the State of Illinois , declared lawful represented in the General Assembly, That the county of Cass county of this as designated and bounded in the act for the formation of state * the county of Cass, approved, March 3rd, 1837, be and the same is hereby declared to be one of the counties of this state. Sec. 2. The county seat shall be located at Beards- where^located . ^°wn, in said county; Provided however , That the provis¬ ions of this act, above referred to, shall be complied with by the citizens, or corporation of Beardstown, in relation to PRACTICE. 43 the raising the sum of ten thousand dollars, to defray the expenses of erecting public buildings for said county. Sec. 3. The corporation of Beardstown shall be allow- ed the period of one, two, and three years, tor the pay¬ ment of ten thousand dollars aforesaid, to be calculated from the passage of the law aforesaid; which sum shall be paid in three equal payments. The county commission¬ ers court of said county shall make their contracts lor erect¬ ing the public buildings in said county, so as to make their payments thereon, when said instalments aforesaid shall become due and payable. Sec. 4. The court house of said county shall be erect- Court house, ed on the plat of ground known as the public square in said where erected. town of Beardstown. Sec. 5. Returns of the elections for the county officers Eiectionsve- of said county, to be elected on the first Monday of Au- turns, gust next, shall be made in Beardstown, to O. M. Long, and Thomas Pagjao, notaries of public in Beardstown, whoshall open and examine the poll books of said election in the 1,031 kooks how presence of one or more justices of the peace, in and for said county; and said notaries public, after due inspection and examination of said poll books, according to the laws of this state, shall make out certificates of the election of those persons who shall have received the highest number of votes, which certificates shall be such as those required to be m adc by the clerks of the county commissioners' court, and shall receive and be entitled to the same effect in law; said notaries public in making the examinations of the poll nota books aforesaid, and in making out the certificates of said u p election, shall pursue the same course directed to be pur¬ sued by the clerks of the county commissioners'’ court; and in case of the death or refusal to act, of cither of said nota¬ ries public, the other shall proceed to act as though both were present, and shall make out all necessary cerlificates. . f . Sec. 6. The judge of the 1st judicial circuit, is hereby C uit S to°appoint directed to appoint a clerk of the circuit court for said clerk, county, immediately. Sec. 7. The county school fund of Morgan county shall Duty of school be divided between the counties of Morgan and Cuss, in' the following manner: The school commissioners of said counties shall ascertainthe number of votes polled in the county of Morgan, in August, 1836, the num ber of votes which may be polled in the county of Cass, in August next, and deduct the votes given in Cass from the number given in Morgan, at the time aforesaid, and divide the said fund between the two counties in proportion to the number of votes given in the said counties; the proportion due to the county of Cass, shall be paid over in money or notes, to the school commissioners of said county, and the same G commissioners 50 PRACTICE, I)iitiee of trea* surer of Cass and Bureau counties rule shall be applied and observed in the division of inter¬ est upon the school, college and seminary fund, until after taking the next-census. At the election for county offi¬ cers in said county, in August next, poll books shall be opened and votes received, at the several precincts situa¬ ted in said county, heretofore established as election pre¬ cincts in the county of Morgan; and the persons appoint¬ ed judges of election at said precincts, shall act as judges of said election; and the said election shall be conducted and returns thereof made to the notaries public herein named, at the time and in the manner provided for in other elections; and in ease any judge of election shall fail to at¬ tend, or.refuse to act, the place shall be supplied as* requi¬ red in other elections. All crimes and misdemeanors committed within the bounds of Cass county, subsequent to the day on which the certificate of the result of the elec¬ tions held for the creation of said countv w r as admitted to record, by the county commissioners of Morgan county, shall be deemed and considered as having been committed within the county of Cass; and the courts and justices of the peace of Cass county shall have jurisdiction to hear and determine all prosecutions, indictments, and proceed¬ ings, hi relation to the service. The county treasurers 'of Cass and Bureau, shall, upon their election, proceed to list the taxabld property in their respective counties, sub¬ ject to taxation for the present year; and to this end, the treasurer of Cass county shall be permitted to copy from* the record book of Morgan county the list and descrip¬ tion of all lands, subject to taxation in said county of Cass; and the treasurer of Bureau county shall be permitted to make a like copy from the books of Putnam county. The list of taxable property shall be returned by the said treasurers, respectively, on or before the first Monday in October; and the sheriffs of said counties shall proceed to collect the taxes due upon said list, as early as practica¬ ble. % Sne. [8.] The. county school fund of Putnam county, shall be divided between the counties of Putnam and Bu¬ reau,* in the following manner and terms: The school' commissioners of two counties, shall ascertain the num¬ ber of votes which may be given in said counties on the first Monday in August next, and divide the fund between the counties, in proportion to the number of votes given; and the interest upon the school, college, and seminary funds, shall hereafter be divided between the counties up¬ on the terms aforesaid, until the next census shall be ta¬ ken. Approved, 21st Julv 1837. : PROCESS. 51 AN ACT to legalize Processes in the Circuit Courts of this State. Sec. 1 . Be it enacted by the people vf the State of Illinois , represented lathe General Assembly , That all writs and pro¬ cesses, of whatever kind or description, issued by any of the clerks of the circuit courts of this state, prior to the passage of this act, and bearing teste in the name of the presiding judge, shall be and the same are hereby declared to be good and valid in law, in respect to such teste; and no writs or processes shall be quashed, set aside, or held to be null and void, for any such cause. This act to take effect and be in force from and after its passage. Approved, 20th July, 1837. Ill force, 20th July, 1837. AN ACT to amend an Act concerning Piocess, Approved February 25, In force July 1837, and for other purposes. 21st, 1837. Sec. 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That all process, of Process issued whatever kind or description, issued by any of the clerks fcy cl ® lks r ■ .. ~ r , . 7 . J i -dared good,- ol the circuit courts of this state, since the first day oi May last, when the above recited p act took effect, and bearing teste in the name of the judge of said circuit, be and the same is hereby declared to be good and valid in law, in respect to such teste, in the same manner as though said writs had [borne] teste in the name of the clerks; and gha]1 fag no such process shall be quashed or set aside, or held to be quashed, null and void for any such cause. Sec. 2. The public printer shall immediately insert in Duty of public his paper, and forward one copy of the above act, to each P rint , er * oi the clerks offices in this state, to be filed by said clerk in his office. Sec. 3. That when the guardian of the infant heirs of Guardian of Alexander McAllister, deceased, shall have filed with the |! ens probate court of the county ot Schuyler, a bond with good bond, and sufficient securities, to be approved of by said court, in such sum as may be deemed sufficient by said court, con¬ ditioned for the faithful discharge of the duties enjoined by this act, said guardian shall be, and hereby is empow¬ ered to sell and convey by sufficient deeds, all or such p ower to sell number of the lots, belonging to the said Alexander Me-iota of land. Allister, deceased, lying in and adjacent to the town of Rushville, in the county of Schuyler, as the court afore¬ said may deem most advantageous for the said heirs. .* Sec. 4, The aforesaid probate court, may order said 53 RELIEF, lots to be sold for cash or on a credit not to exceed ten years, at public or at private sale, as to said court may seem best calculated to secure the interests of the heirs of said Alexander McAllister, deceased. This act to take effect and be in force from and after its passage. Approved, 21 st July 1837, In force 21 et AN ACT to change the names of Thomas Jefferson Sanders and Francis July, 1837. Hood. Sec. 1. Be it enacted by the people of the State of Illinois , Name of San -represented in the General Assembly, That Thomas Jefferson ders changed. Sanders, of Perry county, in this state, shall hereafter be called and known by the name of Thomas Jefferson Mc¬ Dowell; and [in] the said latter name shall be capable of sueingand being sued, pleading and being impleaded, de¬ fending and being defended in all courts of law and equi¬ ty; and by the said name of Thomas Jefferson McDowell, shall be capable of making contracts, and of doing all other legal acts of whatever kind or description: Provided , That nothing herein contained shall invalidate any con¬ tracts heretofore made, or legal acts done and performed by the said Thomas Jefferson Sanders, known as Thomas Jefferson McDowell, whether such contract or act may have been made and performed in the name of Sanders or McDowell, but the same are hereby legalized. Sec. 2. Be it farther enacted , That Francis Hood, of TJame of Hood Perry county, of this state, shall hereafter be called and changed. known by the name of Francis Thornsbury, and by the last mentioned name, shall be capable of suing and being sued, defend and being defended, in all courts and places, as fully and in the same manner as other individuals can by their own proper names; and shall be capable of con¬ tracting and being contracted with, and of doing and per¬ forming all other legal acts and business of whatever kind: Proviso. Provided , That nothing herein contained shall affect or in¬ validate any contract, or other legal act, heretofore enter¬ ed into or performed. This act to be in force from and after its passage. Approved, 21st July, 1837. ' * * AN ACT for the relief of Nathaniel Pope and others. In force 2lst July, 1837 Whereas, from the number of persons, some known, p ea bl others unknown, some residents, and others non-residents of this state, and from the uncertainty who are interested, arising from the non-recording, in many instances, as it is believed, of the deeds under which some interested claim, a partition of the following described property, situate in Madison county, to wit: About eighty acres of land in the town of Alton, owned by Nathaniel Pope, John Reynolds, heirs of William B. Whiteside, heir of N. Edwards, and others, lying and being bounded as follows, to wit: Southerly on the Mississippi river and North street, northerly by the north line of said town, and westerly on Market street and Henry street, easterly by part section twelve and thirteen, in town five, north, range ten yvest, of the third principal meridian; the said tract of land in front of section eleven, same township and range; also, certain lots owned by some of the beforementioned proprietors, lying upon Mechanics’ square in said town, as the same was laid out in fractional section eleven, as laid out by Rufus Easton, which said land and lots are in common and undivided among the aforesaid proprietors, is extremely difficult, if not imprac¬ ticable, under the laws now in force, regulating paitition of real estate, Therefore, Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That it shall and may Personsinte- be lawful, to and for one or more of those interested, jointly, rested in lands or as tenants in common of said parcels of land, to peti- ma y petition .. ,, . .. , c j r n/r j- r court lor sale of tion the circuit court of the county of Madison as afore-j anf ^ said, for, on behalf of themselves and all others interested, jointly or as tenants in common with them generally without naming them, representing the difficulty and impractica¬ bility of a division of said parcels of land, and praying for a sale of the same; Provided , however , That a notice shall be given of the contemplated petition, by publication, for the space of eight weeks, in some newspaper printed in the county of Madison aforesaid, which notice shall de¬ scribe the land sought to be sold, and shall call on all those interested aforesaid, to appear at the presentation of said petition, and show cause,, if any they have, why a sale should not be had. Sec. 2. If no good sufficient cause be shewn, the court, on due proof of the publication of the notice as aforesaid, and it appearing that a partition of said lands is extremely difficult, if not impracticable for the causes aforesaid,* shall order a sale of said lands, and shall appoint three dis¬ interested householders resident in said county of Madison, 54 RELIEF. Who may sell Terms of sale and payment Four weeks’ phall report to fzcurt at next pieeting to make sale of (the) same, who, or a majority of them are hereby authorized to sell the same. Sec. 3 The terms of said sale shall be: One fourth of the purchase money cash, one fourth in six months, and the residue in twelve months, from the day of sale, the pur¬ chasers giving notes with approved endorsers for the pay¬ ment of the instalments payable in future. The sale shall be had on the premises, and before the term of court next succeeding the order of sale, notice shall be given by the commissioners, by advertisement published for four weeks notice to be gi- a newspaper printed in the county of Madison as afore¬ said, of the time, terms, and place oi sale. Sec. 4. It shall be the duty of said commissioners to subdivide the eighty acre tract of land, laying out the same into streets and lots, corresponding as near as may be ^belaid'out 16 with the plan of Alton, as now recorded in the recorders office of the county of Madison aforesaid, agreeably to which subdivision the sale shall be made of the lots so laid out; and the streets shall be, and forever remain free pub¬ lic ®nd common highways and streets. Sec. 5. The commissioners shall report their proceed¬ ings to the said circuit court, at the term thereof next sue- seeding said sale, with the names of the purchasers, the * sums bid by them, and all other particulars of sale, which if approved by said court shall be valid and effectual; and it shall be the duty of the said commissioners or a majority of them, on full payment being made of the purchase mo¬ ney, to execute to the purchasers respectively, or their as- To make deeds signs, a deed or deeds for the lots purchased by them re¬ spectively, which deeds so executed shall be valid and ef¬ fectual, to pass to the purchasers respectively, or their assigns, an estate in fee simple to the premises purchased, discharged of all claim or title, which all or any person may have or have had in and to the same, and who is or was, jointly, or as tenant in common, interested petitioners aforesaid. Sec. 6. That a plat of said subdivision of the aforesaid tract of land, certified by the commissioners aforesaid, or a majority of them, shall be recorded in the office of re¬ corder of the county of Madison aforesaid, and a copy of the record of same, after having been filed by the keeper of the rrcords, shall be received in all courts as full evidence of the subdivision aforesaid, and have the same effect as the original. Sec. 7. That the money received by the commissioners pald^to "state aforesaid, after deducting all expenses, shall be paid into the treasury of the state, there to remain until paid out as hereinafter provided. Sec. 8 . That any person, or the representative of any Plat to be re¬ corded Money to be treasurer. RELIEF. 5'5 poison, can serve as joint tenant or as tenant iff common, as aforesaid, in said property, may file his petition in the cir¬ cuit court of the county of Madison, aforesaid, showing his interest in said property; having previously given a no¬ tice by publication for four weeks in some newspaper print¬ ed in said county, after intention so to do, which notice shall specify the interest claimed by him, there divided, and on said court being satisfied of bis interest whatever it may legally appear to be, the court shall order-a certificate un¬ der seal of court to issue in favor of the petitioner, which cer¬ tificate shall order what proportion of the purchase money aforesaid is due to the petitioners; and the said certificate shall entitle the person so found to be interested, or his as¬ signs to the proportion of the money aforesaid expressed in the same, and shall be paid accordingly by the treasur¬ er of the state, out of the moneys so paid in by the commis¬ sioners aforesaid. Sec. 9. If any of the commissioners aforesaid shall die, in ca * 80fd . eath resign, or refuse to act, before the completion of the duties 01 ieagimt1011 ' required of them by this act, it shall be the duty of said court in the term of the judge of same in vacation, on such death, resignation, or refusal being made apparent, to ap¬ point other householder resident of said county, to supply such vacancy, who shall act in the premises, and so on, as often as any vacancy occur, as aforesaid. Sec. JO. The commissioners hereby appointed shall Co, ™ ni J“°J ers ' each give bond with security, to be approved of the by said ° s ’ court orthe judge in vacation, before entering on the duties of commissioner, for the faithful performance of the duties required of him by this act, and shall receive for their ser¬ vices each, the sum of three dollars per day for every day they shall be necessarily employed in the duties aforesaid, and shall he entitled to retain out of the moneys received* by them their compensation, and to pay out of the same all other necessary expenses attending the execution of the- duties hereby enjoined, the compensation and expenses be¬ ing first allowed by the court aforesaid. Sec. 11. That in all cases where any person interested interested 6 ^!? as aforesaid, shall become the purchaser of any part of said become pur- land, the certificate issued in favorofsuch person snail be chasers * received by the commissioners aforesaid.as so much money; Cei ' tlfic . ates to and the certificate, with the receipt of the person entitled treasurer as endorsed, shall be received by the treasurer of the state as.money, money to the amount of the receipt endorsed. This act to take effect from and after its passage. Aftrovep, k 3lst July, 1837. . &6 RELIEF. In force, 31st AN ACT for the relief of Samuel A. Smallwood. July, 1837. - \ y ; Sec. 1. Be it enacted, by the people of the State of Illinois , Duty of count y represented in the General Assembly , That the county com- commissioners missioners of Macon county, be, and they are hereby toappointcom- authorized to appoint at least three disinterested freehold- vaTue 0 l'and!° ers °f county, remotely situated from the land herein required to be valued, who, after being duly sworn before some justice of the peace of said county, faithfully and honestly to do and perform the duties required of them by this act, shall, after having examined the same, proceed to value, without regard to the improvements, the southeast quarter of Section No. 5, Township No. 19, north, Range 3, east, of the third principal meridian, being the same whereon Samuel A. Smallwood resides, which shall be Make return to signed by said commissioners and forwarded to the Auditor auditor to be of State, to be filed and kept in his office. njecK Sec. 2 . Alter said valuation, so made and reported, it shall be competent for the said Samuel A. Smallwood, at any time between the advertisement of said land for sale, to pay into the Treasury of State, in gold or silver, the full amount of the valuation of said tract of land, as made by the Expenses, how commissioners aforesaid. Provided , That said valuation be not less than $1.25 per acre; and, Provided further , That all expenses of the valuation of said tract of land shall be paid by the said Samuel A. Smallwood. Approved, 21st July, 1837. In force 11th July, 1837. AN ACT for the relief of Samuel G. Beckley, Administrator of the Estate' of Isaac Cock, deceased. Sec. 1. Be it enacted by the people of the State of Illinois , & of d re P resen t e d i n General Assembly, That Samuel G. Beck- nriuistrato^ "to le D administrator on the estate of Isaac Cook, deceased, tjuakedeed. ol Champaign county, be, and he is herebv authorized and empowered to make arid execute a deed "to the south half of the west halt of the southwest quarter of-section five, township nineteen north, of range nine east, to Bijamin Byers, as bought of the said Beckley, administrator afore¬ said, on the 17th day of December, 1835. Sec. 2. And be it further enacted , That the aforesaid deed, made and executed in manner and form aforesaid, shall be taken and considered as if made, executed, and delivered on the 17th day of December, 1836, and shall fee so considered and regarded both in law and equity.- RELIEF. it [This bill haying been laid before the council of revision, and ten days not having intervened before the adjourn¬ ment of the General Assembly, and the said bill not hav¬ ing been returned with the objections of the council on the first day of the present special session of the General Assembly, the same has become a law. Given under my hand, the 11th day of July, 1837. A. P. FIELD, Secretary of State. AN ACT for the benefit of the infant heirs of Wm. B. Collins, deceased. In force 21st July, 1837. Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That Elizabeth W. Collins, guardian of Adeline Collins, Maria C. Collins, William H. Collins, and Elizabeth A. Collins, infant heirs of Will iam B. Collins, deceased, on filing with thejudge of probate of Madison county, a bond with good and sufficient securities, to be approved by said judge, conditioned for the true and faithful discharge of the duties enjoined by this act; and that as guardian of said infant heirs, she will well and truly pay over to the judge of probate of said county, all the proceeds arising from the sale of larrds herein authorized, shall be and is hereby empowered to sell and convey, by good and sufficient deed or deeds, the following described lands, to wit: Two acres of land with an ox-mill thereon, bounded as follows: beginning at the northeast corner of Elizabeth Collins’ land, on the high¬ way, and runniiigwyffh said highway east sixteen rods; thence south twenty rods, at right angles to the first line; thence west sixteen rods, parallel with said sixteen rods on said highway; thence north parallel with said east line twenty rods, to the place of beginning. Also, fifty acres in Collinsville, including the mansion house, lying north of the aforesaid highway, running through the village of Collins¬ ville; and to include fifty acres, running back to the land of Horace Look, either at private or public sale, on giving due notice according to law; and upon such terms and credits as she may deem most conducive to the interest of her said wards. Sec. 2 . That so soon as the said Elizabeth W. Collins shall have made sale o t the real estate, described in the first section of this act, under the provisions therein con¬ tained, and after having paid over to thejudge of probate of said county, the full amount of the proceeds of such sale, she shall report her proceedings in the premises to 58 REVENUE. In force July 3, 1837. Lands lying in any county, not returned to any clerk by Audi¬ tor, or listed by any person, shall be listed by clerk of said ‘county. Sold for taxes. said judge of probate; and it shall be the duty of said judge, after the reception of said report, and the receiving of all the moneys derived from said sale, if he shall be satisfied that such sale was made without frauds or collision, to set off to said Elizabeth, and pay over to her in notes or mon¬ ey, so much as in his discretion is the true notice of her claim of dower, (if any she have) in said estate, and take her receipt therefor; and it shall further be the duty of said judge, together with the said Elizabeth, to vest the pro¬ ceeds of said sale, either in real estate, or loan the same on unincumbered real estate, at not exceeding one half its appraised value, as in their opinion will best advance the interest of said infant heirs. [This bill having^been laid before the council of revision, and ten days not having intervened before the adjourn¬ ment of the General Assembly, and the said bill not hav¬ ing been ieturned with the objections of the council, on the first day of the present special session of the General Assembly, the same has become a law. Given under my hand, this 11th day of July, A. D. 1837. A. P. FIELD, Secretary of State . AN ACT authorizing the Clerks of the County Commissioners’ Courts to list certain Lands. Sec. 1. Be it enacted hy the people of the State of Illinois , represented in the General Assembly , That in all cases where the several clerks of the county commissioners’ court of this state, shall come in possession of the 3 fact, that there is land situated in the county in which he ps acting as clerk, which land has not been transmitted to said clerk, by the Auditor of State, and which has been actually granted to any person or persons, and which has not been listed by any person, and that taxes are due and owing the state or county, which remains unpaid, said clerk shall proceed to list the same, in the name of the person or persons to whom said lands were granted; and^shall pro¬ ceed to advertise and sell the same for taxes, as other non¬ resident lands are now sold. Approved, 2 lst July, 1837. REVENUE. 5# AN ACT concerning the Public Revenue. In force July 21,1837. Sec. 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That so much of the several revenue laws of this state, as requires the state treasurer to pay the county commissioners of McDonough county^ for the use of said county, any sum or sums of money, in lieu of her resident land tax, be and the same is hereby repealed; and hereafter the sheriff of said coun-Uaw repealed ty be required to pay to the county treasurer of the L)uty of&henff9 aforesaid county, the amount of tax collected by him, on lands lying in said county, at the same time and in the same manner as sheriffs are in the several counties in this state, other than those on the military tract. Sec. 2. The provisions of the first section of this act £> uty 0 f sheriff shall extend to the county of Peoria; and the sheriff of the Peoria county, said county of Peoria is hereby required to pay over the resident land tax of said county, in the manner therein provided, any law to the contrary notwithstanding. This act to be in force from and afterits passage. Approved, 21st July, 1837. AN ACT relative to the duty of County Treasurers and Sheriffs . In force July 22, 1837. Sec. 1 . Be it enacted by the People of the State of Illinois , represented in the General Assembly , That hereafter it shall P uty C0luUy be the duty oi the county treasurer, ol any county m this state, whenever any county order is presented for pay¬ ment, to endorse on the hack of any such order, the time when the same was presented for payment; and it shall al¬ so be the duty of the said treasurer, to set down in a book to be kept by him for that purpose, the amount and date of all such county orders, to whom made payable, and the time when presented to the said treasurer for payment; and all county orders shall be paid according to their original dates; and it shall be the duty "of the county treasurer, whenever any money comes to his hands, to set apart the amount of the order presented as aforesaid, which money shall be kept by the treasurer until called for; and the said treasurer, when he goes out of office, shall deliver said book, containing a list of the county orders so presented, to his successor, who shall in all things act as though the entries of orders were made by himself. Sec. 2. It shall hereafter be theduty ofthe sheriffofevery Duty of sheriff. county in this state, to make out and a deliver to the treasu¬ rer of his county, on the first Mondays in January and ROADS. m March, June and September, in each year, an account of the amount of revenue collected by him for the past year, stating particularly the amount collected in cash, and the amount collected in county orders, which account shall be kept by the said treasurers, subject to the inspection of any voter of the county; and in case any treasurer or .'sheriff plyV* 16 1° com" shall fail or refuse to comply with the provisions of this act, liability. he shall be 1 iable to a fine of fifty dollars, to be sued for in the name of the county commissioners’ court, by any per¬ son or persons, by an action of debt, before any justice of the peace, or the circuit court of the county. Approved, July 22, 1837. % In force 20th July, 1837 Commissioners appointed Time & place of meeting Shall make re¬ port Compensation AN ACT to change a State Road leading from Rushrille to Carthage. Sec. 1 . Be it enacted by the people of the State of Illinois, represented in the General Assembly , That George Briscow, Solomon Pendowis, and David Atkins, be and they are hereby appointed commissioners to review and relocate that part of the state road leading fromRushviile, in Schuy¬ ler county, to Carthage,, in Hancock county, which lies between Roll’s mill and the Hancock county line. Sec. 2. Said commissioners, or a majority of them, shall meet on or before the first Monday in October next; and being first duly sworn according to law, by some jus¬ tice of the peace, faithfully to discharge the duties herein required of them, shall proceed to execute the same, and on or before the first Monday in December next, make a report of their proceedings to the county commissioners’ court of Schuyler county; and said court shall cause said road to be opened and kept in repair as other state roads are. Sec. 3. Said commissioners shall receive for their ser¬ vices a reasonable compensation, to be paid out of the county treasury by order of said county court. So much of said road as said commissioners shall deem expedient to change is hereby vacated. Approved 20th July, 1837. ROADS. 61 • AN ACT concerning Public Roads. In force 20th July, 1837. Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly, That in all cases where commissioners were appointed to locate state roads by acts passed during the last session of the General Assem¬ bly, and said commissioners have from any cause what¬ ever failed to perform the duties required of them, they are hereby authorized to perform the said duties at any time previous to the twenty-fifth day of December next. Approved 20 th July, 1837. AN ACT to change a part of the State Road running from Vandalia to J n force 21st Jacksonville. July, 1837 Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That John Bradshaw, Peleg Sweet, and Joseph Waters, of the county of Mor¬ gan, be and they hereby appointed commissioners to view, mark, and change a part of the state road leading from Vandalia to Jacksonville. Sec. 2 . The said commissioners, or any two of them, shall meet at the house of Matthew Sparks, on the first Monday in October next, or as soon thereafter as practica¬ ble, and proceed to locate and change that part of said road, viz: Beginning at the mouth of the lane which divides the lands of said Sparks and George Ivirkmans, thence north twenty-five rods, thence a westerly direction until it in¬ tersects the old road near John Thorney’s bridge. Sec. 3. It shall be the duty of the commissioners afore- said to repair to the house of Samuel Woods, in town¬ ship fourteen north, range nine west, and there proceed to alter a part of the aforesaid road, beginning and run¬ ning as follows, to wit: Beginning at the mouth of the lane between said Woods’ and Ralph McCormick’s, thence south thirty-five rods, thence an eastwardly direc¬ tion until it strikes the old road. Sec. 4. That the commissioners, or a majority of them, after being duly sworn before some justice of the peace faithfully to perform the duties assigned them by this act, shall file a copy of their proceedings with the clerk of the county commissioners’ court. Said commis¬ sioners shall be allowed one dollar and fifty, cents per day for their services, to be paid out of the county trea- Commissioners Time and place of meeting Location road of Time &, place of further meet® ing Copy to be filed Allowance to 62 ROADS. sury of Morgan county; and it shall be the duty of the court to issue their order accordingly. This act to take effect and be in force from and after its passage. Approved, 2lst July, 1837. AN ACT legalizing the location of the State Road from Knoxville to New-Boston. Whereas, By an act of the General Assembly of the State of Illinois, passed on the 13th day of February, 1835, appointing commissioners to locate a state road from Knoxville to New-Boston, required said commissioners to be sworn by some justice of peace; and said commis¬ sioners having been sworn by the clerk of the county commissioners’ court, thereby making it doubtful wheth¬ er said commissioners were legally authorized to locate said road: Therefore, Sec. 1 . Be it enacted by the people of the State of Illinois, represented in the General Assembly , That the road as now Road declared laid out from Knoxville, in Knox county, to New-Boston, a State road i n Mercer county, be and the same is hereby declared a state road; and said road shall be opened and kept in re¬ pair as other roads are. Sec. 2 . This act to take effect and be in force from and after its passage. Approved, 20th July, 1837. In force 20th July, 1837 Preamble In force 20th AN ACT to locate a State Road in Vermilion County. July, 1837. appointed Sec. 1. Be it enacted by the people of the State of Illinois , represented in the General Assembly , That Alexander Mc¬ Donald, Andrew Mahemson, and Owen West,be, and they Commissioneis are hereby appointed commissioners to view, mark, and locate a state road from Danville, in Vermilion county, on the nearest route to the county line between the counties of Vermilion and Champaign, where the county road from Danville to Urbanna, in Champaign county, crosses said line. Sec. 2 . The commissioners or a majority of them shall Time and place meet at Danville, on the first Monday in September next, of meeting or w jthin two months thereafter, and, after being first ROADS. 63 duly sworn before some justice of the peace, faithfully to perform the duties required of them by this act, shall pro¬ ceed to survey, mark, and locate said road, as is provided in the first section of this act, having in view the public good as well as the damages to private property, and shall, as soon as practicable thereafter, cause to be made a plat PIat t0be made of said road, certified by them, which shall be filed in the clerk’s office of the county commissioners’ court of Vermil¬ ion county; and when said road is thus laid out it shall be considered a state road, and shall be opened and kept in repair as other state roads are. Sec. 3. The county commissioners’court of Vermilion county, shall allow the sum of two dollars per day, each, to Compensation said commissioners, for each day necessarily employed in said view and location, together with a reasonable allow¬ ance for such necessary hands as they may employ. This act to be in force from and after its passage. Approved, 20th July. 1837. AN ACT to re-establish a certain Road therein named. in force 20th July, 1837 Whereas, The record of the survey of that part of the p rearabIe state road leading from Springfield to Decatur (by the way of Dingman’s ferry,on the Sangamon river) as lies betweeii Springfield and the east end of Burns’ lane (distance about ten miles) has been mislaid or lost; Therefore, Sec. 1 . Be it enacted by the people of the State of Illinois, represented in the Genetal Assembly , That said road, as now travelled, be, and the same is hereby declared a public ^” ad declared highway, and shall be worked and kept in repair as other Uto Vay state roads in said county. Sec. 2. The county commissioners’ court of said county shall, at their next regular term, appoint three disinterested how appointed householders to review so much of said road as lies between the public square in the town of Springfield and Reed’s starch factory, on said road, and survey the remaining part Make pIatof as is now travelled, and make a complete survey and plot survey of said road and present the same to the clerk of the county commissioners court of Sangamon county, who shall make CIerk t0 make record of the same, and file the original in his office: said ^ cmd commissioners shall be allowed a reasonable compensation Uompensa 10n for their services, to be paid out of the county treasury of said county. This act to be in force from and after its passage. Approved, July 20, 1837. 64 ROADS. In force 20th July, 1837. AN ACT to re-locate a part of a State Road in Edgar County,, Commissioners appointed Time and place of meeting. Sec. 1 . Be it enacted by the people of the State of Illinois 5 represented in the General Asssmbly , That Henry Beatty, Philip B. Smith, and William Stephens, of the county of Edgar, are hereby appointed commissioners to relocate a part of the state road leading from Grandview, in Edgar county, to Livingston, in Clark county. Sec. 2. Said commissioners, or a majority of them, shall meet at the house of Elijah Wells, in said county, on the first Monday in September next, or within thirty days To take oath thereafter, and after being duly sworn by some justice of the peace of said county to faithfully and impartially re¬ locate said road, shall commence at or near the crossing of the creek west of said Wells farm, and re-locate said road along the margin of the creek, upon the most suitable ground, so as to intersect said road again at the most suit¬ able place about a quarter of a mile south of said Wells’ farm, and when the said road shall have been thus re -1 oca- ted it shall be deemed a public state road and'shall be State road. ke pt in repair as such. Sec. 3. Said commissioners shall be entitled to one Compensation dollar per day, each, for their services, to be paid out of the county treasury. Approved, 20th July, 1837. In force 20th July, 1337. AN ACT to locate a State Road from the Indiana line, northwest to the stats line in a direction for Madison. Commissioners Sec. 1. Beit enacted by the people of the State of Illinois , appointed. represented in the General Assembly , That William Smith of Will county, J. M. Warren of Cook county, and Z. Beards- by of McHenry county, be, and they are hereby appointed commissioners toview, survey, and locate, a State Road from Line of road, the Indina line, where the old Indiana Sac trail crosses said line, to Lock-port, thence to Napiersvilie, thence to War- fenville, thence to Dandee, thence to the county seat of McHenry county, thence to the state line in a direction for Madison. Time & place Sec. 2. Said commissioners, or a majority of them, shall oi meeting. me et at Lockport, on the first Monday in October next, or as soon thereafter as convenient, and after being duly sworn before some justice of the peace, faithfully to dis¬ charge the duties required of them by this act; shall pro¬ ceed to view, survey, mark, and locate said road, on the best route, having a due regard to the public good, and as ROADS. - soon thereafter as practicable* cause to be made a map of Map of survey the survey of said road, certified by them, and forward a copy thera * thereof to the clerk of the county commissioners’ courts, of each of the counties through which said road shall pass, which shall be by him filed in his office; and the said road thus laid out, shall be, and is hereby declared a public state road, and shall be opened and kept in repair in the same manner as other public reads are. Sec. 3. The county commissioners’courts of the seve- Com P ensauon ” ral counties through which said road shall pass, shall allow said commissioners such compensation as to them shall ap¬ pear reasonable and just, together with a reasonable com¬ pensation for one surveyor, two chain carriers, and one marker; which several sums shall be paid by the counties through which said road shall pass, in proportion to the ex¬ tent of said road in each county. Approved, 20th July, 1837. AN ACT to establish a State Road from Beardstown, in Cass county, to Peters- j n f orce 20th burg, in Sangamon couaty. July) 1837." Sec. 1. Be it enacted by the people of the Slate of Illinois, Commissioners represented in the General Assembly , That Henry McHenry, appointed, SolomonjPenny, and Isham Revis, be, and they are hereby appointed commissioners to view, mark and locate a state road from Beardstown, in Cass county, thence as near as the ground will permit, by way of the town of Richmond, and Robinson’s Mill, to Petersburg in Sangamon county. Sec. 2. Said commissioners, or a majority of them, shall Time & place' rheet at Beardstown, on the first Monday in September of 'meeting, next, or oh any other day which they may agree upon, with¬ in six months from the passage of this act; and after being duly sworn by some justice of the peace, faithfully to per- To be sworn, form the duties herein required; shall proceed to view, mark and locate said road, as above described, avoiding as much as the public interest will permit, the injury of pii- vate property. Sec. 3. Said commissioners shall make out a complete Map and report map and repot t of the location of so much of said road as uheiefiled - lies in the county of Cass, and file the same with the clerk of the county commissioners’ court of the’said county of Cass; and a like map and report of so much as lies in the county of Sangamon, and file the same with the clerk of the county Ajlke map and commissioners court of said county of Sangamon, filed. Sec. 4. Said road shall be and remain a state road, and 66 ‘ ROADS. Compensation. shall be opened and kept in repair as other state roads are. Sec. 5. The county commissioners’ courts of the said counties of Cass and Sangamon, shall allow said commis¬ sioners such compensation as they may deem reasonable. Approved, July 20th, 1837. i In force 20th July, 1837. AN ACT to relocate a part of the State Road leading from Maysville to Shel- byville. Commissioners Time and place of meeting. Report. Power to em¬ ploy assistants. Sec. 1 . Be it enacted, by the people of the State of Illinois , represented in the General Assembly, That John Doathet, William Manning, and Jacob Elliott, of Shelby county, be and they are hereby appointed commissioners to view r mark, survey and locate that part of the State Road leading from Maysville to Shelbyville, that lies within the county of Shelby. Sec. 2. Said commissioners, ora majority of them, shall meet at the house of John Doathet, on or before the 25th day of December next, or within one month thereafter, and after being first duly sw r orn before some justice of the peace faithfully to discharge the duties herein required, shall then proceed to discharge the duties enjoined on them by this act; and on or before the first Monday in March next, shall make a report of their proceedings to the county commissioners’court of Shelby county, and said court shall cause said road to be opened and kept in repair as other state roads. Sec. 3. The said commissioners shall have power to employ all necessary surveyors and chain carriers to ena¬ ble them to perform the duties enjoined on them by this act. Compensation. Sec. The said commissioners, appointed under the provisions of this act, together with the chain carriers and surveyors, shall receive out of the county treasury, such reasonable compensation for their services as may be deemed just and equitable by the county commissioners’ court; and so much of said road as said commissioners shall, deem expedient to change, is hereby vacated. Approved, 20th July, 1837. ROADS. 07 AN ACT to locate a State Road from or near George R. Logan’s, to Tecum- [ n force 20th seh, in White county. July, 1B37. Sec. 1 . Be it enacted by the people of the State o f Illinois , represented in the General Assembly , That George R. Logan, John Shipley, and Reuben Long, be and they are hereby appointed commissioners, to survey, mark, and locate, a state road, from or near the house of George R. Logan, in White county, to Tecumseh, on the Great Wabash river. Sec. 2. Said commissioners, after being duly sworn be¬ fore some justice of the peace, faithfully to discharge the duties herein enjoined, shall, or a majority of them, meet at the house of George R. Logan, on the first Monday in Sep¬ tember next, or as soon thereafter as may be convenient, and proceed to mark, survey, and locate said road; and as soon as practicable, said commissioners shall make a re¬ port of their proceedings to the county commissioners’ court of White county, which report shall be filed with the clerk of said court; and the said road thus laid out, shall be, and is hereby declared a public state road, and shall be opened and kept in repair as other state roads. Approved, 20th July, 1837. Commissioners appointed. To be sworn . Time and place of meeting. Shall make re¬ port. Where filed. Declared a state road. AN ACT to locate a State Road from Apanooce, in Hancock county, to the In force 20th Drowning Fork of Crooked Creek, in McDonough county, and to vacate July, 1837. part of a State Road. Sec. 1 . Be it enacted by the people o f the State of Illinois , Commissioners represented in the General Assembly , That John R. Ather- appointed ton and Jalus A. Beebe, of the county of Hancock, and Robert Alexander, of the county of McDonough, be and they are hereby appointed commissioners to view, mark, and locate a state road from Edward White’s ferry, in Hancock county, the nearest and best route, to intersect the state road leading from Beardstown to Commerce, where said road crosses the Drowning Fork of Crooked Creek, in McDonough county, having in view the perma¬ nency, and a due regard to the public convenience, doing as little private injury as possible. Sec. 2 . The said commissioners shall meet on the T " 11 ™ 3 of meet " first Monday in September next, or as soon thereafter as 11,§ practicable, at the town of Apanooce, in Hancock county, Place and after being duly sworn by some justice of the peace of said county faithfully to discharge the duties required ROADS. Report State road Commissioners may call assis tance Report filed Part of road va¬ cated of them by this act, shall proceed to locate the said road, designating the same by ploughing or staking in the prai¬ rie, and marking the trees in the timber, and as soon as practicable thereafter cause to be made out a report of the same, and return a copy thereof to the clerk of the county commissioners'* court of each of said counties, which shall be by him filed in his office; and said road, thus laid out, shall be and is hereby declared a public state road, and shall be opened and kept in repair as other state roads are. Sec. 3. The said commissioners, or a majority of them, shall be authorized to proceed and lay out said road as required by this act, and call to their assistance such other help as may be necessary for the location of the same; and the county commissioners’ court of each of said counties shall allow said commissioners, and such other hands as they may necessarily employ to assist them, a reasonable compensation for each day employed in locating said road, to be paid out of each of said coun¬ ty treasuries, in proportion to the distance said road may pass through the same, where said commissioners shall have filed a copy of said report as recited in this act, duly certified and attested by them. Sec. 4. That all that part of the state road leading from Beardstown to Commerce, as lies between the Drowning Fork of Crooked Creek, in McDonough coun¬ ty, and Commerce, in Hancock county, be and the same is hereby disannulled and vacated. Approved, 20th July, 1837. In force 21st ACT to locate a State Road from East Nelson, in Shelby county, to July 1837 Leroy, in McLean county. Sec. 1 . Be it enacted by the people of the State of Illinois, represented in the General Assembly , That Seth N. Mon- Commissioners ^ a ’S ue °f Shelby county, John Dickey of Macon county, appointed and Oliver Barnett of McLean county, be and they are hereby appointed commissioners to view, mark, and locate a state road from East Nelson, in Shelby county, to Leroy, in McLean county, via Murfreesboro’ and Ma¬ rion, in Macon county. Time & place Sec. 2. The said commissioners, or a majority of of meeting them, shall meet at East Nelson on the first Monday in September next, or as soon thereafter as convenient, and after being duly sworn before some justice of the peace, ROADS. 69 shall proceed forthwith to view, mark, and locate said road on the nearest and most suitable route from point to point, taking into view its utility and permanency as a public road. T. hej> shall maik said toad by blazing the Shall mark trees in the timber, and setting suitable stakes in the road prairie, and they shall also cause a survey and map or plat of said road to be made, one copy of which shall be filed in the office of the county clerk in each county through which said road passes. Sec. 3. The county courts of the respective counties Compensation shall cause said roads to be opened and kept in repair as of comrniss ’ r8 < other state roads; and shall pav said commissioners, to¬ gether with such necessary hands as they may employ, a reasonable compensation for their services, each county paying its proportionate share, according to the time and labor necessary to locate said road within their respective limits. v Approved, 21st July, 1837. AN ACT' to change pait of a Road therein named. In force 21st July, 1837. Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That so much of the state road leading from the west end of Court street, in the town of Paris, in Edgar county, towards Springfield and Grandview, as lies within sixty rods of the west of said street, and which runs on the land of Leander Mun- sell, may be so altered as to run straight with the said street fifty-five rods west, thence angling so as to intersect the present road: Provided , In the opinion of the county commissioners the said alteration will not be detrimental to the public interest; and Provided , also , That no ex¬ pense shall be incurred by the public thereby, nor injury to private property. This act to be in force from and after its passage. Approved, 2 lst July, 1837. 70 In force 21st July, 1837. Commissioners appointed State road Time & place pf meeting II qw to mark road To make map Where filed Compensation ROADS. AN ACT to locate a State Road from Alton to Elias Gvvinn’s.' Sec. 1 . Be it enacted by the people o f the State of Illinois , represented in the General Assembly , That Josiah .Little and Alexander Hart of Madison county, and Moses True of Macoupin county, be and they are hereby appointed com¬ missioners to view, mark, and locate a state road from Alton, by way of Upper Alton, to the ford at Josiah Little’s, on the East Fork of Wood River, thence on the shortest and best route to Bunker Hill, in Macoupin county, and from thence the road as now travelled to Elias Gwinn’s, on the Dry Fork of Macoupin Creek, shall be and the same is hereby declared a state road; and the review and survey of said road shall continue no further than Bunker HiH. Sec. 2. The said commissioners, or any two of them, shall meet at Bunker Hill on the second Monday in Au¬ gust, or within ninety days thereafter, and after having been duly sworn by some justice of the peace for the faithful performance of the duties enjoined upon them by this act, shall proceed to view, mark, and locate said road, by setting stakes in the prairie,and blazing the trees in the timber; and shall make out and return a complete plat of so much of said road as lies in each of said coun¬ ties through which said road may pass, and return the same to the clerks of the county commissioners’ courts of said counties respectively, by the third day of the De¬ cember term of said courts, to be by them filed and pre¬ served in their offices; and said road, when so laid out, shall be opened four rods wide, and kept in repair as other state roads are. Sec. 3. The county commissioners’ courts of Madison and Macoupin counties shall allow to said commissioners, and all persons necessarily employed in surveying, mark¬ ing, and locating said road, a reasonable compensation for their services, to be paid out of their county treasuries ill proportion to the time employed in each county in loca¬ ting said road. Approved, 21st July, 1837. ROADS. 71 AN ACT to Relocate a part of the State Road leading from William Crow’s* f u f orce 21sc in Morgan County, to Mustek’s Bridge, in Sangamon County. Jtdy, 1837. Sec. I. Be it enacted by the people of the Slate of Illinois , represented in the General Assembly , That Reuben Harrison, Doliis Scott, and Elihu Bone, be, and they are hereby, ap • Commissioners pointed commissioners to view, mark, and relocate so appointed much of the state road leading from William Crow’s, in Morgan county, to Musick’s bridge, in Sangamon county, as lies between the head of Richmond creek and the San¬ gamon river. Sec. 2. Said commissioners shall meet at the house of Time and i Peter Cartright, on the first Monday in September next, 0 f meeting or on any other day agreed on by them within six months from the passage of this act, and after being duly sworn shall proceed to relocate the part of the said road above- mentioned, avoiding the injury of private property as much as the public convenience will permit. Sec. 3. Said commissioners shall make a map and re- Shall male' port of said relocation, and file the same with the clerk of ma P the county commissioners’ court of Sangamon county; and shall receive out of the treasury of said county such Compensation compensation as the county commissioners may deem rea¬ sonable. Sec. 4. The road as now travelled from Sprin to Rochester, both in Sangamon county, be, and the is hereby declared a state road, and shall be worked and dared a State kept in repair as other state roads are. Road Sec. 5. That Samuel K. Miller, James FyfFe, and James Lanterman be, and they are hereby appointed com- poj™|^J oneis missioners to view and locate a state road leading from Lawrenceville to Russelville, in Lawrence county. Sec. 6. The said commissioners shall meet in Law- renceville, on or before the second Monday in August next, 0 /meeting PlaCe or as soon thereafter as convenient, and after being sworn by some justice of the peace impartially to locate the same, they shall commence at Lawrenceville, thence by James Nabbs’ bridge, across the Embarrass river, to the Line of Road* centre school house in Allison prairie, and from thence to Russelville on the most convenient and practicable ground, doing as little injury to private property as possible. Sec. 7. The said commissioners shall, as soon as con- Report to be venient, cause to be filed with the clerk of the county filed commissioners’ court of Lawrence county, a report and complete map of said road, which report and map shall be preserved and shall form a part of the record of said court. Said road, when so established, shall be kept in repair as other state roads are.; and the county commissioners’ court rv(K inester Ti ROADS. -of Lawrence county shall allow the said viewers not more Inhabitants of than one dollar and fifty cents per day for their services. Petersburg may Sec. g # The inhabitants of the town of Petersburg, in r bangamon county, may hereafter be incorporated accord¬ ing to the provisions of the general town incorporation act, notwithstanding said town may not contain one hun¬ dred and fifty inhabitants. Approved, *21 st July, 1837. / In force 21st July, 1837. AN ACT concerning a State Road in Edwards County. Sec. 1 . Be it enacted by the people of the State of Illinois , Commissioners represented in the General Assembly, That Archibald Spring, appointed Daniel Ingraham, and Cad W. Jones, of Edwards county, be, and they are hereby appointed commissioners, any two of whom may acc, to lay out, survey and mark, a road commencing at Albion, in Edwari s county, and running Piattobe made |.| lence to x| enr y Mills’ in Edwards county, and make a plat thereof and file the same with the clerk of the coun- Compensation ty commissioners’ court of Edwards county; and the county commissioners’ court of said county shall make a just and equitable allowance to each of said commission- Howpaid ers for all time and necessary expense in laying out, sur¬ veying and making, and filing a plat of said road, which shall be paid out of the Treasury of said county of Ed¬ wards. Damages h6w Assessed Time and place of meeting Sec. 2. The commissioners shall proceed to lay out, survey, and mark said road, the nearest way and best ground, having due regard to the interests of individuals through and near which said road may pass. Sec. 3. When said road shall pass through improved lands of private individuals, said commissioners shall also proceed to assess such reasonable damages as each may suffer thereby, which shall be paid by the county com¬ missioners of said county. Sec. 4. Said commissioners shall meet at the town of Albion on the first Monday in September next, or as soon thereafter as may be convenient, and after having been sworn by some justice of the peace of Edwards county, faithfully to discharge the duties enjoined by this act, shall proceed to the discharge thereof. Approved, July 4 21st, f 837* ROADS. ?3 AN ACT to locate a State Roatl from Salem, in Marion County, to Charlei- j n f orc0 2 i s fc ton, in Coles Count)'. July, 1837. Sec. 1. Be it enacted by the people of the State of Illinois ) represented in the General Assembly , That Hugh Eagan, of the county of Marion, John Martin, of the county of Effing¬ ham, and Theron E. Balch,of the county of Coles, be, and the same are hereby appointed commissioners to view and Commissioners locate a state road from Salem, in Marion county, to Ew- yfJwTnd local* ington, in Effingham county, thence to Charleston,in Coles state road county, on the nearest and best ground, so as not to inter¬ fere with farms, as much as possible. Sec. 2. It shall be the duty of said commissioners, or a majority of them, to meet at Salem, on or before the first Time & piact Monday in December next, anu after having taken an oath of meeting or affirmation, before some justice of the peace, faithfully and impartially to perform the duties required by this act, Return to be to proceed to mark and lay out sakbroad above mentioned, made to county and shall make due return thereof to the next county com- commissioners’ missioners’ court of each county. Sec. 3. The county commissioners of the counties of Marion, Effingham, and Coles, may allow out of the county treasuries respectively, a reasonable compensation for their Com r ensatlors services; and the said county commissioners shall order the same to be opened and kept in repair as other state roads are. Sec. 4. This act to be in force from and after its passage. Approved, 2 1st July, 1837. AN- ACT to relocate certain Roads therein named. In force 21st July, 1837. Sec. i. Be it enacted by the people of the State of Illinois , Represented in the General Assembly , That Joshua P. Crow, Reddick Horn, and Stephen Lee, are hereby appointed Commissioners; commissioners to review, mark, and relocate that part of Jeiocate^ ^ the state road leading frGm Springfield to Beardstown, which lies between Archibald Job’s and William Babb’s bridge: said commissioners shall meet at A. Jobs any time before the first of January next, and being first sworn by To be s*om some justice of the peace, shall proceed to perform the duty herein imposed upon them: said commissioners shall make a full report of the location of said road to the county Mike full commissioners’ court of Cass county; and after the road so report relocated by them shall be opened, the former survey of K 14 Road vacated Pay for services rendered Commissioners appointed When & where to meet To be sworn Make map Where filed Pay of I ! i force 21st' July, 1837 Commissioners appointed. ROADS. the part of said road so relocated shall be vacated. The county commissioners’ court of the county of Cass shall allow to said commissioners a reasonable allowance for their services, out of the county treasury. Sec. 2. That Julius Elmore, of Sangamon county, Thomas Boj r ce and J. R. Bennett, of Morgan county be, and they are hereby appointed commissioners to view, mark, and locate a state road, commencing at a mile post south of Fetter Cartright’s, in Sangamon county, thence to William Crow’s, in Morgan county, running as near as practicable to the old road leading from one point to the other, and there intersect the road laid out by the county commissioners’ court of Morgan county, lead¬ ing to Princeton, and then west with said survey as far as Stark Gilliams, thence through the settlement of Henry Keltnor’s timber, thence to the head timber of Wal¬ nut Grove, thence to New Virginia. Sec. 3. That said commissioners, or any two of them, shall meet at the house of Fetter Cartright, in Sangamon county, on the second Monday in August next, or as soon as practicable thereafter, and before entering on the dis¬ charge of their duties shall take an oath before some jus¬ tice of the peace of Sangamon county, faithfully and impartially to observe all the duties enjoined upon them by this act, shall proceed to view, mark, and locate said road, beginning and touching the points as named in sec¬ tion second. Sec. 4. Said commissioners shall cause a map or sur¬ vey to be made of said road, to be filed in the office of the clerks of the county commissioners’ courts of Sangamon and Morgans and the county commissioners’courts of each county through which the road shall pass, shall allow the said commissioners such compensation for their services as shall be just and reasonable in proportion to the servi¬ ces rendered in each county. Sec. 5. Said road shall "be opened and kept in repair as other state roads are, and shall take effect and be in force from and after the passage of this act. Approved, 21 st J uly, 1837... AN ACT to locate certain State Roads therein named. Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly , That Benjamin Harris, William Munson, and Levi Lee, be and thev are hereby appointed commissioners to view, survey, mark, and locate HO A 1LS. 75 a state road beginning at the town of Munson, in Lasalle Road Rom county, from thence to Pawpaw Grove, Plum Thicket, Muasonto Loblolly, mouth of Sycamore, Winnebago, the mouth of state line Pickatolica, thence north to the state line; and that Ben¬ jamin F. Findley, Joseph McCarty, and Rufus Calton, be Commissioners and they are hereby appointed commissioners to view, appointed to survey, mark, and locate a state road, beginning at Me-^^vccait *s Carty’s mills on Fox River, in Kane county, from thence mills to Oregon to Caltonsville, Lee’s mills, mouth of Kishwakee, Blooming- ville, to Oregon; and that C. W. Reynolds, Albert Moon, and James Breckenridge, be and they are hereby ap¬ pointed to view, survey, mark, and locate a state road Commissioners from Peru, in Lasalle county, to the state line between appointed to Illinois and Indiana, in a direction to Lafayette on the Wabash, by Lowel, Webster, Pontiac, to the state line; the state line and that John C. Philips, William Munson, and Alvey Commissioners Culney, be and they are hereby appointed commissioners a PP° mted t° . J i -ii, , ,, mark road irom to vigw, survey, mark, and locate a state road irom Juliet JuliettetoRock to Rock Island, by Georgetown. Island Sec. 2. Said commissioners, or a majority of them, shall meet at the points of beginning of the aforesaid roads, on the first day of September, or as soon as practicable, Time of meet- and, after being first duly sworn before some justice of the in s peace, shall proceed to locate said roads on the nearest and best routes, taking into view the public good. Sec. 3. The several county commissioners’ courts shall pay such reasonable compensation as they may think just Compensation and right, in proportion to the length of said road in each coumy^ourts count}. Sec. 4. Said commissioners shall, within twenty da}'s after the location of said roads, file a plat of the survey with the clerk of the county commissioners’ courts of the several counties through which said roads may pas=. Sec. 5. That John W. Lott and Miles Bennett, of Greene County, and Austin S. Wilson,of Macoupin county, be and they are hereby appointed commissioners to view, survey, mark, and locate a state road from Carlinville, in Macoupin county, by way of Jerseyville, to Grafton in Greene county, varying as little as practicable from a direct line, having in view the most eligible i oute, its perma¬ nency, and due regard to the public convenience. Sec. 0. That said commissioners, or a majority of them, shall meet on the first day of August next, or within six months thereafter, at Carlinville, and being first duly sworn before some justice of the peace faithfully to discharge the duties required of them by this act, shall proceed to survey, mark, and locate said road, and as soon as practicable thereafter, cause to be made a map of the survey of said road, certified by them, and forward copies thereof to the Plat to be filed Commissioners to locate state road from Car¬ linville to Grafton Time &. place of meeting Map of surve y to be made and sent to each clerk ROADS. 76 clerk of the county commissioners' court of each county through which said road may pass, which shall be by them filed in their offices; and the said road thus laid out shall Road declared be and is hereby declared a public state road, and shall be public opened and kept in repair in the same manner as other public roads are. Sec. 7. Said commissioners shall receive a just and Compensation fair compensation for all the necessary time employed in said work, together with a reasonable compensation for one surveyor, two chain carriers, and one marker, which shall be paid by the counties respectively through which said road may pass, in proportion to the distance in each county through which it may pass. Sec. 8. This act shall not take effect, so far as regards Macoupin county, until it is accepted by the order of the county commissioners’ court of said county, on application of the citizens of the county on said route This act in Act psssed last force from and after its passage. ejjplyto south ^ Ec * That so much of an act passed at the last ses- soad sion of the General Assembly, as declares a certain county road which runs from Charleston, in Coles county, to Hitesville, shf Winchester C: phanged Sec. 2. That R. J. Hamilton, James M. Strode, James Herrington, and their associates, be, and they are hereby authorized to construct a mill dam across Fox river at the town of Geneva; Provided , however , said grant shall not be so construed as to prevent the state from improving said Fox river by dams and locks,at any time hereafter, for the purpose of slack water navigation. Sec. 3. That the name of the town of Winchester, in the county of Will, be, and it is hereby changed to the name of Wilmington, and by that name the aforesaid town shall be hereafter known and designated. Sec. 4. All bonds and other contracts made and All b i- entered into of and concerning the said town of Wiuches- Stiii binding c ‘ter, and all muniments of title of and concerning the said town of Winchester,shall apply and be as binding as if the name of the said town had not been changed. Approved, 21st July, '837. In force 21st AN ACT to incorporate the Town, of Jerseyville. Jul} r , 1837 Sec. 1 . Be it enacted by the people of the Stale of Illinois , represented in the General Assembly , That the inhabitants and residents of the town of Jerseyville, in Greene coun- Body corporate ty, are hereby made a body corporate and politic, in law a”ed P ° lltlC Gie " an d ^ act ’ ky the name of the President and Trustees of the Town of Jerseyville; and by that name and style shall have perpetual succession, and may have and use a com¬ mon seal which they may alter or revoke at pleasure, and in whom the government of said corporation shall be vested, and by whom its affairs shall be managed, powers vested Sec. 2. The corporate powers and duties of said town ¥?Ave trustees s h a ]i ves ted in five trustees, to be chosen and appoint- TovVNs. 103 od as hereafter directed, who shall form a board for the transaction of business. Sec. 3. John W. Lott, George H. Collins, Samuel First frustees L. McGill, Richard Graham, and Edward M. Da¬ ley, shall be the first trustees, and shall hold their office until the first Monday in May next; and the members composing the board of trustees thereafter shall be elected by the persons residing within said town and incorporated limits, qualified to vote for representa¬ tives to the legislature, on the first Monday in May in First election each year, to serve for one year, and until their successors are duly elected and qualified. They shall be at least twenty-one years of age, citizens of the United States, and inhabitants of said incorporated limits, and bona fide freeholders in said town; and shall have power to fill all Vacancies,how vacancies in their own board, which may be occasioned filled by death, resignation, or otherwise. Sec. 4. That the board of trustees shall appoint their Officers, how president and all other officers of their board, and shall appointed be judges of the qualifications, elections, and returns of their own members. A majority shall constitute a board to do business; but a smaller number may adjourn from day to day; may compel the attendance of absent mem¬ bers in such manner, and under such penalties, as the board may provide; they may determine the rules of proceeding, punish their members for disorderly conduct, and, by the concurrence of two-thirds of the whole num¬ ber elected, expel a member, and make such other rules and regulations for their own government as to them may seem proper and expedient. Sec. 5. That the board of trustees shall have power Ma y ley y ai>(}/ by ordinance to levy pnd collect taxes .upon all real estate coIlect tax within the town and limits of the incorporation, not ex¬ ceeding the one half of one per centum upon the assessed value thereof, except as hereafter excepted; to make regulations to secure the general health of the inhabitants^ to prevent and remove nuisances; to establish night watches, erect lamps in the streets, and light the same; to provide for licensing, taxing, and regulating auctions, Trustees to taverns, groceries, and pedlers, theatrical and other shows ^ ase tavsrns »’ and amusements; to restrain and prohibit gaming houses, bawdy houses, and other disorderly houses; to establish and regulate markets; to open and keep in repair streets, avenues, lanes, alleys, drains, and sewers, and to keep the same clean; to require bond and security of town of¬ ficers for the faithful performance of their duties; to pro¬ vide for the prevention and extinguishment of fires; to dig wells, and erect pumps in the streets for the convenience of the inhabitants; to regulate the police of the town; to Police of town* 104 TOWNS. Special tax, how levied V regulate the elections of the town officers, ahd fix their compensation; and from time to time to pass such ordi¬ nances as to carry into effect the objects of this act, and the powers hereby granted, as the good of the inhabi¬ tants may require; and to impose and appropriate fines and forfeitures for the breach of any ordinance, and pro¬ vide for the collection thereof; and that in all cases arising under this act, or growing out of the by-laws and ordinances made in pursuance of this act of incorpora¬ tion, any justice of the peace within said corporation shall have jurisdiction to hear and determine the same; and an appeal may be taken, and writs of certiorari allowed from any such decision in the same manner as now is, or here¬ after may be, provided by law for appealing from judg¬ ments of justices of the peace. Sec. 6. That on the application of the owners of two- thirds of the front of the lots on any street, or part of a street, it shall be lawful for the board of trustees to levy and collect a special tax on the owners of the lots on said street, or part of a street, according to their respective fronts, for the purpose of grading and paving the side walks on said street. Sec. 7. The board of trustees shall have power to re-* gulate, grade, pave, and improve the streets, avenues, lanes, and alleys, within the limits of said town and cor¬ poration, and to extend, open, and widen the same, making the person or persons injured thereby adequate compensation, to ascertain which the board shall ca^e to be summoned six good and lawful men, freeholders and inhabitants of said town* not directly interested (who be- * ing first duly sworn for that purpose,) shall enquire into and take into consideration as well the benefits as' the injury which may accrue, and estimate and assess, the damages which would be sustained by reason of the open¬ ing, extending, widening of any street, avenue, lane, or alley, and'shali moreover estimate the amount which other persons will be benefitted thereby, and shall contribute towards compensating the person injured, all of which shall be returned to the board of trustees under their •hands and seals; and the persons which shall be bene¬ fitted and so assessed, shall pay the same in such manner as shall be provided by the board of trustees; and the residue, if any, shall be paid out of the town treasury. The board of trustees shall have power to close any lane or alley in said town, whenever they may judge it expe¬ dient, and to make such disposition of the ground amongst the owners of the adjoining lots as the circumstances of the case may require, so as to fully vest in them the fee simple of such ground; also the board of trustees shall TOWNS* * 105 have power to pass such by-laws or ordinances, from time to time, as to them may seem expedient and not incon¬ sistent with any public law of this state, as the good of the citizens of said town may require. Sec. 8 . That all ordinances of said trustees shall be fairly written out, signed by the clerk, and published in a newspaper printed in the town,or posted up at three of the most public places in said town, and no ordinance shall be. in force until published as aforesaid. Ordinances t6 be made public Sec. 9. That the board of trustees are also vested with Nuisance a power to declare what shall be considered a nuisance within said town and incorporated limits; to prevent the running and indecent exhibition of horses within the bounds of said town; to provide for the trial and punish¬ ment of persons who may be engaged in assaults, assaults and batteries, and affrays, within the limits of said incor¬ poration; and to provide that such punishment may be inflicted for any offence against the.lavvs or ordinances of the corporation, as is or may be provided by law for like offences against the laws of the state: Provided , That no Proviso person shall he deprived of the right of trial by jury in any case where such person would be entitled to a trial by a jury for a like offence against the law of the state. Sec. 10. That the board of trustees shall have power Punishment of to provide for the punishment of offenders by imprison- offenders ment in the county jail, in all cases where such offenders shall fail or refuse to pay fines which # may be assessed, Or for forfeitures or penalties which may he recovered: Provided , That no person shall be imprisoned under the Proviso! provisions of this act for a longer period than twenty- four hours for every five dollars of any fine assessed, or forfeiture or penalty recovered. Sec. 11. That the board of trustees shall have power to provide for the punishment of persons who may at any time disturb the peace of the inhabitants of the town or incorporated limits, or the deliberations or proceedings of any public meeting of such inhabitants, or of the board of trustees when in session. Sec. T2. That the lot, in front of which any side j , , . , . walk is made, shall be taxed to pay at least one half ot e n for side the expenses of making such side walk, in addition to walks the regular tax which shall be assessed, and collected in the same manner as other taxes are. Sec. id. That the boaid of trustees shall have power to adopt such modes and means, for the assessment and Assessment ne performed; and the street commissioner in said town is hereby authorized to prosecute such delinquent person in the name of 44 The President and Trustees of the Town of Jerseyville,” before any justice of the peace in said town: and said street commissioner shall be a competent witness against said delinquent; and in case of default as aforesaid, the justice of the peace shall enter up judg¬ ment against said delinquent for the amount so forfeited, with costs of suit, and issue execution forthwith. Sec. 20. That it shall be the duty of any justice of the Duty of justice peace residing in said town, and he is hereby authorized when laws are and empowered, on complaint being made to him,on oath, vlolated of the violation of any law or ordinance of the corpora¬ tion, to issue his warrant, directed to the town constable or any other authorized officer, to apprehend the offender or offenders, and bring him or them forthwith before him, and after hearing the evidence, if it shall appear that the said accused has been guilty of the violation of any such law or ordinance of the corporation, to impose such tine or imprisonment as shall be provided in such law or ordinance: Provided , Such fine shall not exceed fifty dol- ProvIso lars. ~ . Sec. 21. That the said corporation is hereby made Pro F ert y Q f a i/ town capable in law*to take and hold to themselves and their successors any lands, tenements, hereditaments, and the rents, issues, and profits thereof, which may be neces¬ sary for the erection of any market house and other public buildings, to promote the interest and public good of the citizens of said town, and the same to sell, grant, and dispose of, if necessary, and to suo and be sued, plead and be impleaded, answer and be answered in any court or place whatever; and all suits and judicial pro¬ ceedings under this act shall he brought in the name and style of “The President and Trustees of the Town of Jerseyville. 1 •»? 108 TOWNS. Proviso Sec. 22. That for the purpose of carrying the afore*? said powers into effect, the said trustees shall have power to define the boundaries of such town: Provided , That the same shall not exceed one mile square. Fees of officers Sec. 23. That justices of the peace and constables, who are required to render services under this act, shall be entitled to the same fees, and collect them in the same manner as now is, or hereafter may -be provided by ^-wlaw. Sec. 24. This act shall take effect and be in force from and after its passage, any law to the contrary not¬ withstanding. Sec. 25. The General Assembly reserves the right to Right to repeal alter, ame nd, or repeal this act, whenever the public good may require the same. Approved, 21st Jqly, 1837. PRACTICE. 109 [The following Law was accidentally omitted from its proper place in the preceding pages.] AN ACT to amend the Act entitled “An Act concerning Practice in Courts In force 21st of Law,” approved 29th January, 1827. July? 1837. Sec. 1 . Be it enacted by the people of the State of Illinois , represented in the General Assembly , That exceptions taken to opinions and decisions of the circuit courts, upon the trial of causes, in which the parties agree that both mat¬ ters of law and fact may be tried by the court; and in ap¬ peal cases, tried by the court without the intervention of a jury, shall be deemed and held to have been properly ta¬ ken and allowed, and the party excepting may assign for error before the supreme court, any decision or opinion so excepted to, whether such exception relates to receiv¬ ing improper, or rejecting proper testimony, or to the final judgment of the court upon the law and evidence. Sec. 2. Exceptions taken to opinions or decisions of the circuit courts, overruling motions in arrest of judgment, motions for new trials, and for continuances of causes, shall hereafter be allowed; and the party excepting may assign for error any opinion so excepted to, any usage to the con¬ trary notwithstanding. Approved, 21st July 1837. ... * RESOLUTIONS. Memorial and Resolutions in relation to Internal Improvements. To the Congress of the United States of America: The Memorial of the Legislature of Illinois respectfully represents , That at a former session of this legislature, they adopted, by a large majority, a system of internal improvements throughout the state, embracing one grand central rail¬ road, from Galena to the mouth of the Ohio river, togeth¬ er with various other railroads, traversing the state in several directions, communicating with the great ri vers, and pointing to other projected improvements in other states; in all, constituting a line of railroad exceeding a thousand miles, the average cost of which is estimated at less than seven thousand dollars per mile. Your memorialists would further represent, that, al¬ though there is nothing of novelty in the undertaking, and that no new argument can be urged in favor of this adop¬ tion, further than the peculiar adaptation of the country for the construction of such works, owing to its generally level surface, yet they feel dispassionately confident of success. This state is yet in its infancy, but from the rapid in¬ crease of population and wealth, it promises soon to real¬ ize the anticipations of its citizens. The system which it has adopted needs to some extent however, the sanction of the general government, and its aid; and from the attention which an application of a pri¬ vate company for “right of wav” and grants of lands, has heretofore received, they feel confident that a similar ap¬ plication from the state would receive not less attention Your memorialists are confident that a true and correct representation of these matters, by our representatives in congress, cannot fail to have their due weight, and will doubtless influence the congress to adopt some plan by which the sale of the public lands will be ensured, and the people generally benefitted. RESOLUTIONS. The General Government has heretofore viewed the construction of the Illinois and Michigan canal as a na¬ tional work, and appropriated large amounts in lands to the construction thereof. The state entered with bold¬ ness into that grand design, and pledged itself to the pro¬ secution of the work. Although the cost far exceeds all reasonable anticipation, they arc determined to pursue it on the most practicable plan; and they have the confi¬ dence that the government of the United States will com¬ ply with its implied pledges, entered into to guarantee the work. But while the energies of the state arc directed to this ob¬ ject, they are not to be confined in its enterprizes to the construction of one hundred miles of canal, benefiting but a small portion of the state: they have taken a more extended view, and adopted a more liberal system, that indicated by the internal improvement act of the last ses¬ sion, and although it is superficially extensive, it is confi¬ dently believed that it will not costnioreto construct all the works indicated by the act, than it will to complete the canal. Yet no invidious comparisons are made. Itisthear- dent wish that the two works should harmonize togetner, and proceed with an equal pace, each equally receiving the fostering aid of the state and the general government. No true friend of the prosperity of Illinois, is in favor of overturning the one and promoting the other of these pro¬ jects, because it would equally prostrate both. The canal and the internal improvement system being in the same state, affected by the same laws, and advancing the inter¬ ests of the same people, are of a social disposition, and will flourish best by the mutual protection of each other. Your memorialists, therefore, pray your honorable body to grant to the state the right of way over the public lands, for the several routes indicated by the. internal improve¬ ment act; and also to grant to the state the right to pur¬ chase any quantity of lands along the routes of the seve¬ ral railroads, at a credit of ten years, without interest, not exceeding five hundred thousand acres, nr to grant to the state witiiout sale or price, such quantity. They also further pray that Congress, in order to carry out the design of the general government more fully, of completing the construction of the Illinois and Michigan canal, would grant such a quantity of land, bordering on’ said canal, or elsewhere, as will be sufficient to complete said work, upon condition that it rnay be needed, and up¬ on the further condition that the state will guaranty the faithful application of the means hereby asked. Resolved by the Senate and House of 'Representatives , That our senators and representatives in congress bo requested m RESOLUTIONS, to use all means in their power to procure the passage of a law of congress, to authorize the state of Illinois, by and through the commissioners of public works* to enter lands along the several routes of railroads, and other improve¬ ments contemplated by the “act to establish and maintain a general system of internal improvements,on acreditof ten years. Resolved , That our senators and representatives be also requested to procure the passage of a further provision, granting to the state the right of way over the lands own¬ ed by the general government within this state, to con¬ struct the projected works of internal improvement. Whereas, the Illinois and Michigan canal has been look¬ ed upon as a national work, and grants of land from the general government have been made to commence the same: Resolved , That our senators and representatives be re¬ quested to procure the passage of a law by congress,gran¬ ting to this state further means to complete said work, up¬ on such conditions as the Congress of the United States shall order and direct. Approved, July 2lst, 1837; REPORTS \ OP THE AUDITOR AND TREASURER, TO THE GENERAL ASSEMBLY, JULY, 1837. AUDITOR’S REPORT. \ Sir: State of Illinois, Auditor’s Office, Vandalza, July 12th, 1837. \ ' . In compliance with the resolution of the House of Representatives, requesting the Auditor to “transmit to the House a statement of the condition of the Treasury of this State,” I have the honor to submit the following report, showing the amount of receipts into the Treasury, from the 3d day of December, 1836, to the 30th day of June, 1837, inclusive, and the expenditures on the part of the State during the same period; also, a statement of the account of the State Bank with the State of Illinois, since she became the fiscal agent of the State, up to the said 30th day of June; together with a statement of the present situation of the School Fund. I have the honor to be, Sir, your obd’t Seivant, LEVI DAVIS, Auditor of Public Accounts. To tiie Hon. the Speaker of the House of Representatives. P 114 AUDITOR’S REPORT. Dr. CHARLES GREGORY , State Treasurer , in For amount remaining in the Treasury, on the 3d day of December, 1836, - - - - For amount received from nonresidents, from 3d De¬ cember, 1836, to 16th April, 1837, - For amount received from Sheriffs, during same pe¬ riod, ------ For amount received from Revenue Clerks, For amount received from State Bank of Illinois, being the amount of interest which accrued on the Wig¬ gins loan, from the passage of the act authorizing the Bank to redeem said loan, up to 1st July, 1836, For amount received from State Bank of Illinois, be¬ ing the bonus due from said Bank, on the 1st day of January, 1837, - For amount received for debts due the old State Bank and branches, ------- For amount received from the Commissioners of the School Fund, ------- For amount received from Trustees of James Hall, for¬ mer Treasurer, ------ For amount received from Commissioner of sales of Gallatin Saline Lands, ----- For amount received from sale of materials of old State House, -------- For amount of redemption money received, For amount of Surplus Revenue received from the United States, - Total, $85,140 37 256 63 2,662 08 34,007 55 2,766 70 7,017 75 333 00 116,750 00 1,038 96 H9 40 19 57 226 46 239,306 38 $490,204 85 AUDITOR’S REPORT. 115 account with THE STATE OF ILLINOIS. ■ Cr. By amount of warrants paid at the Treasury, from 3d December, 1836,' to 16th April, 1837, By amount of State paper burned during same period, By amount deposited in State Bank of Illinois, By amount of Funded Stock redeemed, By amount of interest allowed on State paper received for taxes, ----- By amount of tax refunded on land redeemed, By amount of money refunded - By amount of redemption money paid out, By amount retained by treasurer for his services and expenses in collecting first instalment of surplus re¬ venue, - - - - - - - By amount to balance, - $211,034 48 106 00 277,218 31 767 52 40 80 30 08 33 47 57 70 807 00 109 49 Total $490,204 85 116 AUDITOR’S REPORT. Dr. JOHN D. WHITESIDE , Slate Treasurer , in For amount received of Charles Gregory, late Treas¬ urer, being the balance in his hands on the 16th day of April, 1837, - - - - - For amount received from non-residents from 16th April to 30th June, 1837 - For amount received from Sheriffs during same period For amount received from the Revenue clerks For amount received from the Commissioners of the School Fund - For amount received from the State Bank, being the dividend due the State on $100,000 stock subscribed by State . - - -- - - For amount of redemption money received For amount of Surplus Revenue received from United States ------ Amount from foregoing page Total, $109 49 1150 57 1780 69 2237 27 1100 00 2500 00 629 6l 238,612 76 IM.I. — - I ' * 1 1 ■ 1 ■ > 248,120 39 490,204 85 $738,325 24 Dr. The STATE BAJYK OF ILLINOIS in For amount deposited in the State Bank up to 30th June, 1837 - For amount due on settlement on the 30th day of June, 1837 ------ To this sum add the amount of Surplus Revenue de¬ posited in the Bank on the 29th day of June, but which was not taken into the foregoing account, the certifi¬ cate of Deposite not having been received in time Amount due the state on the 30th day of June, 1837 $365,781 68 289,669 51 99,306 38 $388,975 89 AUDITOR’S REPORT. 117 account with THE STATE BANK OF ILLINOIS , Cr. By amount deposited in the State Bank of Illinois, from 16th April to 30th June, 1837 B) 7 amount deposited in the Bank at Shawneetown By amount of state paper burned - By amount of interest allowed on State paper received for taxes ------ By amount to Balance (this balance has been deposited in Bank by the Treasurer) - 1187,869 75 60,000 00 150 00 8 49 - 92 15 248,120 39 Amount from foregoing page 490,204 85 Total, $738,325 24 account with the STATE OF ILLINOIS , Cr. By amount of warrants paid up to 30th June, 1837, $76,112 17 By amount to balance, - - - . 289,669 51 $365,781 68 REDEMPTION ACCOUNT. IIS AUDITOR’S REPORT. CM CM GO O i> ci GO Tt 1 CM €©= CO r*™< i.'* 1—1 GO o cm tH co 00 i> C£> ^0= r»H i—t cn 1 Gj CD CD ^ co S 00 z £ 2 3 *-3 H-j Ch ^ r*» r •* -i-3 O O Ct) CD CD -S3 y\ • CD O 22 c£ pq C3 O u AUDITOR’S REPORT. 119 Amount of Warrants issued from the 3rd day of December , IS? 6, to 30 th June , 1837,/or the current expenses of the State ^ and charged to the follow¬ ing accounts , lo icA: On what account drawn. Amount. Special appropriations, - Interest on school, college, and seminary funds, Circuit attorneys, - The General Assembly, - Money refunded, ? The Judiciary, - The Secretary of State, - The Militia, - Incidental expenses, - The Attorney General, The Penitentiary Inspectors, - The Auditor of Public Accounts, The Treasurer, - The Contingent Fund, Warden of the Penitentiary, - Appropriations to counties, ... The Governor, V Public Printing, (bills, reports, laws and journals and paper for same session 1836, 5 37,) State Bank Stock, - Counties on Military Tract, r Appropriation for killing wolves, Appropriation for State House, Vandalia, Appropriation for State House, Springfield, Board of Fund Commissioners, Interest on State Paper Stock redeemed, Appropriations for Hoads, - - - Appropriations out of Canal Fund, Distributing Laws and Journals, Total Amount, Amount due the State from the Bank on the 30th June, 1837, ..... From this sum deduct amount of outstanding warrants against the Treasury, $721 42 Amount of outstanding warrants against the Bank, .... 8,086 79 Balance in favor of the Treasury on the 30th June, 1837, $10,597 21 14,085 53 926 73 60,975 15 110 21 6,134 63 1,625 00 665 00 1,045 25 366 29 200 00 1,400 00 1,065 24 1,037 52 483 33 5,341 39 650 68 11,652 28 100,000 00 2,800 00 13 00 10,268 82 12,000 00 50,000 00 55 42 780 00 661 0Q 150 00 $295,089 68 $388,975 89 8,808 21 $380,167 68 120 AUDITOR'S REPORT. The amount of $388,975 89 due the State from the Bank from the 30th day of June, consists of $367,919 14 of surplus revenue received from the United States, and $21,056 75 derived from ordinary sources of revenue. Three instalments of surplus revenue, amounting to the sum of $477,919 14, have been received and deposited by the Treasur¬ er in conformity with the law. The sum of $60,000 has been deposit¬ ed in the Bank at Shawneetown, and the remainder in the State Bank of Illinois. Of the amount deposited in the last named Bank, the sum of $50,000 has been drawn out by the Board of Fund Commissioners. The following is a statement of the present condition of the School , College , and Seminary funds . Amount due the school fund on Jan. 1st, 1837, Amount received and loaned to State, Jan. 6th, 1837, Amount do. do. Feb. 27, 18.37, Amount do. do. March 20, 44 Amount do. do. April 2l, 44 $159,031 75 72,875 00 6,666 66 17,745 00 916 66 Amount due the college fund on Jan. 1st, 1837, Amount received and loaned to State, Jan. 6th, 1837, Amount received and loaned to State, Feb. 27 th, 1837, - Amount received and loaned to State, March 20th, 1837, Amount received and loaned to State, April 21st, 1337, Amount seminary fund, Add amount of warrant for 3 per cent, fund now in the hands of the commis¬ sioners of the school fund, Total amount due school, college, and seminary funds proper. In conformity with what I conceive to be the proper construction of the acts, en¬ titled 44 An act to establish and maintain a general system of Internal Improvements,” and 44 An act to amend the several acts in relation to common schools,” I have added to the school fund $335,592 32 of the sur¬ plus revenue, being the amount which the state owed the School, College, and Semi- $31,804 33 14,575 00 1,333 33 3,555 00 183 33 $257,235 07 51,450 99 49,306 25 16,100 00 $374,092 31 AUDITOR’S REPORT. 121 [statements continued.] nary Funds at the time the said laws were passed. This amount was added and bears interest from the following dates, viz: Amount loaned on the 25th March, 1837, Amount loaned on the 2d May, 1837, Amount loaned on the 29th Jan. 1837, $239,306 38 79,306 38 16,979 56 335,592 32 Total amount $709,684 63 A Statement of the amount drawn from the treasury on account of the Con¬ tingent Fund, from 3rd day of December , 1836, to the 30 th June 1837* inclusive. Date. Warrants. * . ... - - - Amount. 1837. Jan. 3 To warrants to Basil B. Craig, in full for his ser- - vices in going to the Governor of Louisiana to demand a fugitive from justice, 75 00 Jan. 30 To warrants to James M. Duncan, clerk of the supreme court, ir full for his bill of costs in two causes against James Hall, former Trea- surer, - - 25 65 Feb. 7 To warrants to Win. H. Coyle, in full for adver¬ ting Governor’s Proclamation for election of Maj. General, and for convening the Lcgisla- lure, - - 4 50 March 4 To warrants to Joseph Hays, commissioner of i sales of Gallatin Saline Lands, in full for ma¬ king a Report to the Auditor of the lands sold 20 00 by T. D. Huett, former commissioner, To warrants to Wm. E. Wood ruff in full for ad¬ vertising Governor’s Proclamation r or the ap¬ prehension of William Copland, and other fugi- March 6 tives from justice, + 31 87 April 13 To warrants to B. W. Thompson, in full for col- lecting Revised Laws of 1833, 125 00 May 3 To warrants to J. C. Bruner, in full for an allow- lowanee made him by the Governor out of the Contingent Fund, - 20 0Q May 5 To warrants to John F. Maddox in part for plas- tering rooms in State House for public offices, Q 200 00 m AUDITOR’S REPORT. contingent fund. Date. W arrsnts. - ( - Amount. May 22 May 25 May 25 May 25 May 29 June 19 June 24 June 26 June 26 June 26 June 26 To warrrants to Harrison Thompson, in full for 8,000 laths furnished by him for the lower rooms of the State House, To warrants to Thomas O. Davis, in full for pub¬ lishing Governor's proclamation, and an act concerning trespasses on canal lands, To warrants to J. Wentworth, in full for publish¬ ing Governor’s Proclamation, and an act con¬ cerning trespasses on canal lands, To warrants to H. Warren, in full for publishing Governor’s Proclamation, and an act concern¬ ing trespasses on canal lands, To warrants to Hodge & Shrader, in full for pub¬ lishing Governor’s Proclamation declaring who elected members of Congress; who presiden¬ tial electors; offering a reward for Wm. Cop¬ land, a fugitive from justice; Proclamation and act concerning tresspasses on canal lands; pub¬ lishing supplement to revenue law, and print¬ ing three quires of circular letters, To warrants to Henry Snyder, in full for work clone for Secretary’s office, To warrants to Nelson Rial in full for his servi¬ ces as an express to the counties of Gallatin and Johnson, with writs of election, To warrants to James M. Morse, in full forhis ser¬ vices as a messenger to the Governor of Mis¬ souri to demand a fugitive from justice, To warrants to A. J. Guykowski, in lull forhis services as an express to the counties of Effing¬ ham, Coles and Edgar, with writs of election, To warrants to D. B. Hodge, in full for his servi¬ ces as an express to the counties of Sangamon, Morgan, Cass and Adams, with writs of elec¬ tion, • - - To warrants to B. W. Thompson, in full lor his services as an express to the counties of Green and Calhoun with writs of election. 24 09 36 00 36 00 36 00 55 OO 22 00 40 00 150 00 36 00 CO 00 40 00 $1037 52 En State of Illinois, Auditor’s Office, ) Yandalia, July 12th, 1837. $ LEVI DAVIS, Avd, of Pub. Accounts. REPORT OF THE T REA SUIIER. \ ^ To the Speaker of the House of Representatives ; Sir —In compliance with a resolution of the House of Represen¬ tatives requiring the “Treasurer to transmit a statement of the condi¬ tion of the treasury,” I have the honor to submit the following report, shewing the amount received from the 3d day of December, 1836, to the 30th day of June, 1837, inclusive. Adso the amount of war¬ rants paid by the Treasurer, and the amount deposited in bank, state paper burned, &c., all of which is respectfully submitted. I have the honor to be, sir, Your obedient servant, JOHN D. WHITESIDE, Treasurer . TREASURER’S REPORT. in REPORT of receipts , payments , tzttcZ deposites , a/ the treasury, from DR. Date. Amount of receipts. * i January - , - February - $100,827 40 8,262 93 March - 294,019 22 April .... May - June * 4,107 23 82,172 95 163,795 14 653,184 87 - T • ' - > • ’ . • i - > ■ ..'t u s. . , ’ r ' ' ' ■' •• . • i » x ’ \ . k ! ' . t ' - *" . . * *-. • N. s .• To this amount add the balance in the . J / 85,140 37 $738,325 24 treasury on the 3d day of Dec. 1836 JVoie.-—There was no receipts from the 3d to the 31st December, 1836. \ TREASURER’S REPORT 125 3d day of Dec . 1 83tl, to the 30 th day of June , 1837, inclusive . By amount paid at the Treasury, moneys deposited, &c. (By C. Gregory.) % CR. December, (from 3d to 3lst inclusive, no payments made,) January - February, (no payments) $29,932 54 March - 180,697 58 April - 404 36 \ 211,034 48 Certificates of deposite in bank - 277,218 31 State paper burned - 106 00 Interest on state paper - 40 80 Funded stock redeemed - 757 52 Tax refunded on land redeemed - 30 08 Money refunded - 33 47 Redemption money paid out Retained for transportation of first instal- - 57 70 ment of U. S. surplus revenue V 807 00 Amount to balance paid over to J. D. 490,095 35 Whiteside - 109 49 Amount of certificates of deposite in State 490,204 85 Bank by J. D. Whiteside Of certificate of deposite in State Bank 186,869 75 of Illinois at Shawneetown 60,000 00 Old State paper burned 150 00 Of interest on State paper Of money received in June and deposited 8 49 in July - 92 15 248,120 39 #738,325 24 State op Illinois, Treasurer’s Office,) Vandalia , July 12/A, 1837. ( JOHN D. WHITESIDE, Treasurer. INDEX. A fAGrBi ALTON—City of Incorporated 17 Boundaries of 1 17 Ordi nances 29 To be divided into four Wards 17 Boundaries of 18 Election of Mayor and Aldermen 18 Other officers 18 Annual 18 Special notice of 19 Duty of Mayor 19 Common Council 20 Powers and duties 2l Schools in—to be visited 22 Courts Municipal in 25 Judge shall reside in 25 Salary of 25 May be removed 25 Ju rors how summoned 26 Compensation of 26 Prosecuting Attorney • 27 Duty 27 Salary 27 Process how tested 28 Register duty of 28 F ees 28 Sheriff Madison—duty of 28 Fees 28 Upper Alton—or ahy inhabitants may become paFtof 25 ALTON FERRY COMPANY . 40 APPROPRIATIONS—An act supplementary to an act making— for years 1837-8 3 B - % BANKS—Acts ipplementary to an act, to increase capital of certain 5 1 INDEX. PAGE. BANKS—Act to suspend for limited time, laws in relation to Banks in this State 6 Duty of Governor 6 To issue proclamation 7 44 Bank 7 44 44 President of 7 BRIDGES—Kaskaskia company 7 John Green and others, authorized to build toll 8 C CALVINS’ SLOUGH— - 45 CANAL LANDS-—For the relief of purchasers of 9 James H* Weisner 9 Duty of Auditor 9 Act to provide for sale of certain, and for other purposes 10 Power of commissioners to sell ll To make resurvey 11 May enlarge bason 12 Duty of treasurer 12 Governor authorized to negotiate loan ^ 13 CONVEYANCES—Act concerning 14 Act concerning the recording of 13 COUNTIES—Act to relocate the county seat of Calhoun 14 44 in relation to Cass 48 County seat 48 Court house 49 Returns of elections 49 Duty ol notary public 49 Clerk how appointed 49 Duty of school commissioners 49 Treasurers of Cass and bureau- duty of 50 COURTS—Act in relation to Municipal of Chicago 15 44 44 44 44 Alton 15 44 to increase compensation of county commissioners 10 E EDUCATION—Act to encourage—in township five south 16 • ~ f - . ; FAIRFIELD LIBRARY COMPANY— . 41 FERRIES—Alton company 40 Rights and privileges 40 Capital stock 40 INDEX. FERRIES—Alton iii page. company, capital stock shares of 40 Place of meeting 40 Books of subscription 4l When, where and how opened 41 Election of directors 41 Term of office 41 Annual 41 I INCORPORATIONS—Alton City of u Ferry company Caledonia rail road company * - Capital stock Government in whom vested Lands may be taken Annual meeting Books of subscription Power to borrow money Tolls Stock deemed personal Shall transport United States mail Forfeiture of charter % Right of state Caledonia, town of Corporate powers of Annual election of trustees Who are qualified voters Health of—markets, watches &c. Jurisdiction of justices peace Schools how supported Streets may be widened Public square Lots may be sold lor taxes How redeemed Fire companies Members of exempt from military and jury duty Property of Town meetings Wards of Calvins’ Slough—Declared navigable Centreville steam mill company Capital stock May be increased Election annual Of directors Treasurer to give bond R 17 40 30 36 36 37 37 38 38 39 39 39 39 38 31 32 32 32 32 33 3s 33 33 34 34 34 35 35 35 35 45 29 30 30 30 30 31 iv INDEX. XJ A l-i INCORPORATIONS—Chicago and Fox river Turnpike 39 Companies—Act to increase capital stock of certain 40 Fairfield Library company 40 Fayette county Manual Labor Seminary 43 Internal Improvements—Act further supplemental 45 J JUSTICES PEACE—Act forming additional district in Randolph 46 Act to amend act to provide for election of probate 46 And constables ‘ 46 Act to amend act concerning 46 Form of summons 47 ; If defendant appears not, plaintiff may prove demand 47 M V ' ' ” • • * » c McAllister Alexander—D uty of guardian of heirs of 51 Power to sell lands 5l MEMORIAL AND RESOLUTIONS— HO P PENITENTIARY-—Act in relation to 47 Powers of inspectors - 48 - If labor of convicts will not pay expense, how paid 48 PRACTIGE—Act concerning in courts of law 109 PITTSFIELD AND MISSISSIPPI RAIL ROAD COMPANY— 40 Capital increased 4 O PROBATE JUSTICES PEACE— 46 PROCESS—Act to legalize in circuit courts of this state 51 Act to amend act concerning 51 Process issued by clerks 5l R 1 St || ul RELIEF —Heirs of A. McAllister 51 Thomas Jefferson Sanderson 52 Name changed 52 Francis Hood 52 Name changed 52 Purchasers of canal lands u 9 Nathaniel Pope and others 53 Court may he petitioned for sale of land 53 Samuel A, Smallwood 56 Samuel G, Beckley administrator 56 Index. v PAGE. RELIEF—Wm. B. Collins, infant heirs of 57 Duty of guardian 57 RESOLUTIONS— 110 REVENUE—Clerks of county commissioners court authorized to list lands 58 Act concering public 59 Act relative to duty of county treasurers and sheriffs 59 ROADS—Chicago and Fox river turnpike company 39 Rushville to Carthage changed 60 Act concerning public 01 Vandalia to Jacksonville parts of changed 61 Knoxville to New Boston 02 Vermillion county located in 02 Act to re-establish a certain therein named 63 Edgar county, part of relocated 04 Madison from Indiana line 64 Beardstown to Petersburg 05 Maysville to Shelby ville part of relocated 66 Tecumseh to Geo. R. Logans 67 Apanooce to Drowning forkof Crooked creek 67 East Nelson to Leroy 68 Act to change a part of therein named 69 Alton to Elias Gwin’s 70 Wm. Crow’s to Musick’s Bridge 71 Edwards county 72 Salem to Charleston 73 Act to relocate certain 73 Act io locate certain state—therein named 74 Canton to Knoxville and other purposes 76 Bowling Green via Ewington to Newton 79 Act to locate certain therein named 80 Pike county, certain state changed 82 McLean county, certain declared state 82 Act in relation to certain public, therein named 83 ' Fayette and Shelby counties 83 Petersburg to McComb and for other purposes 84 S SALINES—Act for the purposes therein mentioned 86 Act appropriating residue Vermillion saline lands to Iroquois and Vermillion counties 86 SCHOOLS—Illinois female institute 87 Fayette manual labor . 43 Act to repeal act in relation to in township thirty-nine 89 Act explanatory of act, to amend the several acts in relation to common 89 SEMINARIES—Favette manual labor 43 * VI INDEX. FAetE. STEAMBOATS—-Act to prevent disasters navigating waters of Illinois 89 TOWNS—Beardsiown 95 Caledonia 3l Carlinville—Act to amend act 101 Limits of 101 Centreville 94 Franklin 101 Jersey ville 102 Powers vested in trustees 102 First election 103 Special tax how levied 104 Ordinances how published 105 Lots sold for taxes 106 Time of redemption 106 Duty of county commissioners of Greene 106 Duty of justices peace 107 Fees of officers 108 Ottawa 96 Boundaries of 96 Divided into wards 97 Trustees when elected 97 Powers of 98 Duty of 99 Fire companies 1Q0 Peoria, act to amend act to extend powers of 92 Plats of certain changed ' 93 Springfield powers of extended 94 Winchester, Lynnville, and Jacksonville Railroad company 40 Capital increased 40 Capital increased . State of Illinois, Department of State . . I, Alexander P. Field, Secretary of State , of the State of Illinois, do hereby certify that the foregoing printed sheets, contain true copies of the enrolled laws deposited in this office. In witness whereof I have hereunto signed my name, at Vandalia, the 25th day of August, A. D. 1837. A. P. FIELD, Secretary of State . } • "S ‘ * >■ ' • jf, * . ... - > ' I IRp^ A ' l l>V S t .- ^ 4'.* rr-.\ >v u ^ ••• - Ji '• . . > • CSpO' W ; - . . . ! ■ <• - V •; ■*; -iy-l ■ / ' i *- **• i V •> * ' f4 O* '' ' ■ ',v * . V. . c. 'i . ' . V . ' ,>■ t< ■ ■ ; t • v • > y — * - / / H .2 u « •S - « o y ! i| IS- ro g' 3 8 X “a S H c* -S >. . a S "O o C <-> r^* Sf ** <« w. M g O &> *» ■fic.s j 73 S5.S-0 2.31 3S => ._ 3 c ■ t> Jo TJ p v c : *5 o be: .S be •a b a V t/> XT. 13 X c a -x** 2 *3 3 *—> e a « 5 -° .£ 7~; <3 Cj JJ lx X) v 2 ^ 3 O X •m 0 4J 3 i n j* C a JD a ^ ' c ^3 ^ S bO ^•2 - _ O O *r ♦- u ^ ?5 XT. Vm ? o n. g c c cl "5) >.j ■ s u -s G .2 2 g 1! 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