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LAWS
39 *S6'
OF THE y 7
STATE OF ILLINOIS,
PASSED AT
THE FIRST SESSION
OF THE
SIXTEENTH GENERAL ASSEMBLY,
BEGUN AND HELD AT THE CITY OF SPRINGFIELD,
JANUARY 1, 1849.
SPRINGFIELD:
CHARLES H. LANPHIER, PUBLIC PRINTER.
1849.
CONSTITUTION
STATE OF ILLINOIS,
ADOPTED BY THE CONVENTION AUGUST 31, 1847, RATIFIED BY VOTE OF THE PEO- PLE MARCH 6, 1S4S, AND IN FORCE FROM AND AFTER APRIL 1, ISIS.
PREAMBLE.
We, the People of the state of Illinois — grateful to Almighty God for the civ- il, political and religions liberty, which He hath so long permitted us to en- joy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations — in order to form a more perfect government, establish justice, insure domestic tranquili- ty, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the state of Illinois.
ARTICLE I.
BOUNDARIES.
Section 1. The boundaries and jurisdiction of the state shall be as follows, to wit : Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the north-west corner of said state ; thence east, with the line of the same state, to the middle of lake Michigan ; thence north, along the middle of said lake, 1o north latitude forty-two degrees and thirty minutes; thence west to the middle of the Mississippi river, and thence down, along the middle of that river, to its confluence with the Ohio river; and thence up the latter river, along its north-western shore, to the place of beginning ; Provided, that this state shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such as may hereafter be agreed upon by this state and the state of Kentucky.
ARTICLE II.
CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT.
§ 1. The powers of the government of the state of Illinois shall be divided into three distinct departments, and each of them be confided to a separate body, of magistracy, to wit: Those which are legislative, to one; those which are executive, to another, and those which are judicial, to another.
§ 2. No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted, and all acts in contravention of this section shall be void.
A CONSTITUTION.
ARTICLE III.
OF THE LEGISLATIVE DEPARTMENT.
§ 1. The legislative authority of this state shall be vested in a general assem- bly ; which shall consist of a senate and house of representatives, both to be elected by the people.
§ 2. The first election for senators and representatives -shall be held on the Tuesday after the first Monday in November, one thousand eight hundred and forty-eight; and thereafter, elections for members of the general assembly shall be held once in two years, on the Tuesday next after the first Monday in No- vember, in each and every county, at such places therein as may be provided by law.
§ 3. No person shall be a representative who shall not have attained the age of twenty- five years ; who shall not be a citizen of the United States, and three years an inhabitant of this state ; who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next prece- ding his election, if such county or district shall have been so long erected ; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United Slates, or of this state ; and who, moreov er, shall not have paid a state or county tax.
§ 4. No person shall be a senator who shall not have attained the age of thirty years ; who shall not be a citizen of the United States, five years an in- habitant of this state, and one year in the county or district in which he shall be chosen immediately preceding his eleStion, if such county or district shall have been so long erected ; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state, and shall not, moreover, have paid a state or county tax.
§ 5. The senators at their first session herein provided for shall be divided by lot, as near as can be, into two classes. The seats of the first class shall be va- cated at the expiration of the second year, and those of the second class at the ex- piration of the fourth year ; so that one-half thereof, as near as possible, may be biennially chosen forever thereafter.
§ H. The senate shall consist of twenty-five members, and the house of rep- resentatives shall consist of seventy- five members, until the population of the state shall amount to one million of souls, when five members may be added to the house, and five additional members for every five hundred thousand inhabi- tants thereafter, until the whole number of representatives shall amount to one hundred ; after which, the number shall neither be increased nor diminished ; to be apportioned among the several counties according to the number of white inhabitants. In all future apportionments, where more than one county shall be thrown into a representative district, all the representatives to which said counties may be entitled shall be elected by the entire district.
§ 7. No person elected to the general assembly shall receive any civil appoint- ment within this state, or to the senate of the United States, from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected ; and all such appointments, and all votes giv- en for any such member for any such office or appointment, shall be void ; nor shall any member of the general assembly be interested, either directly or indi- rectly, in any contract with the state, or any county thereof, authorised by any lav/ passed during the time for which he shall have been elected, or during one year after the expiration thereof.
CONSTITUTION. 5
§ 8. In the year one thousand eight hundred and fifty-five, and every tenth year thereafter, an enumeration of all the inhabitants of this state shall be made, in such manner as shall be directed by law ; and in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by authority of the government of the United States shall be adopted by the general assembly as the enumeration of this state; and the number of senators and representatives shall, at the first regular session holden after the returns herein provided for are made, be apportioned among the several counties or districts to be established by law, according to the number of white inhabitants.
§ 9. Senatorial and representative districts shall be composed of contiguous territory bounded by county lines ; and only one senator allowed to each senato- rial, and not more than three representatives to any representative district ; Pro- vided, that cities and towns containing the requisite population may be erected into separate districts.
§ 10. In forming senatorial and representative districts, counties containing a population of not more than one-fourth over the existing ratio, shall form sep- arate districts, and the excess shall be given to the nearest county or counties not having a senator or representative, as the case may be, which has the largest white population.
§11. The first session of the general assembly shall commence on the first Monday of January, one thousand eight hundred and forty-nine; and forever after, the general assembly shall meet on the first Monday of January next en- suing the election of the members thereof, and at no other period, unless as pro- vided by this constitution.
§ 12. The senate and house of representatives, when assembled, shall each choose a speaker and other officers, (the speaker of the senate excepted.) Each house shall judge of the qualifications and election of its members, and sit upon its own adjournments. Two thirds of each house shall constitute a quorum ; but a smaller number may adjourn from day to day, and compel the attendance of absent members.
§ 13. Each house shall keep a journal of its proceedings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals.
§ 14. Any two members of either house shall have liberty to dissent and pro* test against any act or resolution, which they may think injurious to the public, or to any individual, and have the reasons of their dissent entered on the jour- nals.
§ 15. Each house may determine the rules of its proceedings, punish its members for disorderly behivior, and, with the concurrence of two-thirds of all the members elected, expel a member, Lut not a second time for the same cause; and the reason for such expulsion shall be entered upon the journal, with the names of the members voting on the question.
§ 16. When vacancies shall happen in either house, the governor, or the per- son exercising the powers ol governor, shall issue writs of election to fill such vacancies.
§ 17. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the gen- eral assembly, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place.
§ 18. Each house may punish, by imprisonment during its session, any per- son, not a member, who shall be guilty of disrespect to the house, by any disor- derly or contemptuous behavior in their presence; Provided, such imprison- ment shall not, at any one lime, exceed twenty-four hours.
§ 19. The doors Gf each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of the house require secrecy.
i
CONSTITUTION.
Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall he sit- ting.
§ 20. The style of the laws of this state shall he: "Be it enacted by the Peo- ple of the state of Illinois, represented in the general assembly."
§ 21. Bills may originate in either house, but may be altered, amended, or rejected b}r the other; and on the final passage of all bills, the vote shall be by ayes and noes, and shall be entered on the journal ; and no bill shall become a law without the concurrence of a majority of all the members elect in each house.
§ 22. Bills making appropriations for the pay of the members and officers of the general assembly, and for the salaries of the officers of the government, shall not contain any provision on any other subject.
§ 23. Every bill shall be read on three different days in each house, unless, in case of urgency, three-fourths of the house, where such bill is so depending, shall deem it expedient to dispense with this rule ; and every bill, havk^ passed both houses, shall be signed by the speakers of their respective houses ; and no private or local law which may be passed by the general assembly shall em- brace more than one subject, and that shall be expressed in the title. And no public act of the general assembly shall take effect or be in force until the expi- ration of sixty days from the end of the session at which the same may be passed, unless in case of emergency the general assembly shall otherwise direct.
§ 24. The sum of two dollars per day, for the first forty-two days' atten- dance, and one dollar per day, for each day's attendance thereafter, and ten cents for each necessary mile's travel, going to and returning from the seat of gov- ernment, shall be allowed to the members of the general assembly, as a compen- sation for their services, and no more. The speaker of the house of represen- tatives shall be allowed the sum of one dollar per day, in addition to his per diem as a member*
§ 25. The per diem and mileage allowed to each member of the general as- sembly shall be certified by the speakers of their respective houses, and entered on the journals, and published at the close of each session.
§ 2b'. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and an accurate statement of the receipts and ex- penditures of the public money shall be attached to, and published with, the laws at the rising of each session of the general assembly. And no person, who has been or may be a collector or holder of public moneys, shall be eligi- ble to a seat in either house of the general assembly, nor be eligible to any office of profit or trust in this state, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable.
§ 27. The house of representatives shall have the sole power of impeaching ; but a majority o{' all the members elected must concur in an impeachment. All impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators elected.
§ 28. The governor, and other ci\il officers under this state, shall be liable to impeachment lor any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, profit, or trust, under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to lawr.
§ 29. No judge of any court of law or equity, secretary of stale, attorney general, attorney for the state, recorder, clerk of any court of record, sheriff or collector, member of either house of congress, or person holding any lucrative
CONSTITUTION. 7
office under the United States or of this stale — provided that appointments in the militia, or justices of the peace, shall not be considered lucrative offices — shall have a seat in the general assembly ; nor shall any person, holding any of- fice of honor or profit under the government of the United States, hold any of- fice of honor or profit under the authority of this state.
§ 30. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the constitution of the United States, and of this state, and also an oath of office.
§ 31. The general assembly shall have full power to exclude from the privi- lege of electing, or being elected, any person convicted of bribery, perjury, or other infamous crime.
§ 32. The general assembly shall have no power to grant divorces, but may authorise the courts of justice to grant them for such cause as may be specified by law ; Provided, that such laws be general and uniform in their operation.
§ 33. The general assembly shall never grant or authorise extra compensation to any public officer, agent, servant, or contractor, after the service shall have been rendered, or the contract entered into.
§ 34. The general assembly shall direct by law in what manner suits may be brought against the state.
§ 35. The general assembly shall have no power to authorise lotteries for any purpose, nor to revive cr extend the charter of the state bank, or the charter of any other bank heretofore existing in this stat2, and shall pass laws to prohibit the sale of lottery tickets in this state.
§ 3b'. The general assembly shall have no power to authorise, by private or special law, the sale of any lands or other real estate belonging in whole or in part to any individual or individuals.
§ 37. Each general assembly shall provide for all the appropriations necessa- ry for the ordinary and contingent expenses of the government until the adjourn- ment of the next regular session, the aggregate amount of which shall not be in- creased without a vote of two-thirds of each house, nor exceed the amount of revenue authorised by law to be raised in such time ; Provided, the state may, to meet casual deficits or failures in revenues, contract debts never to exceed in the aggregate fifty thousand dollars ; and the moneys thus borrowed shall be ap- plied to the purpose for which they were obtained, or to re-pay the debt thus made, and to no other purpose; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the stale in war, (for payment of which the faith of the state shall be pledged,) shall be contracted, unless the law authorising the same shall, at a general election, have been sub- mitted to the people, and have received a majority of all the vttes cast for mem- bers of the general assembly at such election. The general assembly shall pro- vide for the publication of said law for three months at least before the vote of the people shall be taken upon the same ; and provision shall be made, at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue ; which law, providing for the payment of such interest by such tax, shall be irrepealable until such debt be paid; And provided farther, that the law levying the tax shall be submitted to the people with the law authorising the debt to be contracted.
§ 38. The credit of the state shall not, in any manner, be given to, or in aid of, any individual, association, or corporation.
§ 39. The general assembly shall provide, by law, that the fuel and statione- ry furnished for the use of the state, the copying, printing, binding, and distrib- uting the laws and journals, and all other printing ordered by the general assem- bly, shall be let, by contract, to the lowest re-;pon>i'.)le bidder ; and that no mem- ber of the general assembly, or other officer of the state, shall be interested, either directly or indirectly, in any such contract ; Provided that the general as- sembly may fix a maximum price.
8
CONSTITUTION.
§ 40. Until there shall be a new apportionment of senators and representa- tives, the senate shall be divided into senatorial and representative districts, and the senators and representatives shall be apportioned among the several districts, as follows, viz :
SENATORIAL DISTRICTS.
1. The counties of Alexander, Union, Pulaski, Johnson, Massac, Pope, and Hardin shall constitute the first senatorial district, and shall be entitled to one senator.
2. The counties of Gallatin, Saline, Williamson, Franklin, and White shall constitute the second senatorial district, and be entitled to one senator.
3. The counties of Jefferson, Wayne, Marion, and Hamilton shall consti- tute the third senatorial district, and be entitled to one senator.
4. The counties of Washington, Perry, Randolph, and Jackson shall consti- tute the fourth senatorial district, and be entitled to one senator.
5. The counties of St. Clair and Monroe shall constitute the fifth senatorial district, and be entitled to one senator.
6. The counties of Madison and Clinton shall constitute the sixth senatorial district, and be entitled to one senator.
7. The counties of Christian, Shelby, Montgomery, Bond, and Fayette shall constitute the seventh senatorial district, and be entitled to one senator.
8. The counties of Effingham, Jasper, Clay, Richland, Lawrence, Edwards, and Wabash shall constitute the eighth senatorial district, and be entitled to one senator.
9. The counties of Edgar, Clark, and Crawford shall constitute the ninth senatorial district, and be entitled to one senator.
10. The counties of Vermilion, Champaign, Piatt, Moultrie, Coles, and Cumberland, shall constitute the tenth senatorial district, and be entitled to one senator.
11. The counties of Tazewell, McLean, Logan, De Witt, and Macon shall constitute the eleventh senatorial district, and be entilled to one senator.
12. The counties of Sangamon, Menard, and Mason shall constitute the twelfth senatorial district, and be entitled to one senator.
13. The counties of Macoupin, Jersey, Greene, and Calhoun shall constitute the thirteenth senatorial district, and be entitled to one senator.
14. The counties of Morgan, Scott, and Cass shall constitute the fourteenth senatorial district, and be entitled to one senator.
15. The counties of Adams and Pike shall constitute the fifteenth senatorial district, and be entitled to one senator.
16. The counties of McDonongh, Schuyler, Brown, and Highland shall con- stitute the sixteenth senatorial district, and be entitled to one senator.
17. The counties of Hancock and Henderson shall constitute the seven- teenth senatorial district, and be entilled to one senator.
18. The counties of Fulton and Peoria shall constitute the eighteenth sena- torial district, and be entitled to one senator.
19. The counties of Rock Island, Henry, Mercer, Warren, Knox, and Stark shall constitute the nineteenth senatorial district, and be entitled to one senator.
20. The counties of La Salle, Bureau, Putnam, Marshall, Woodford, Liv- ingston, and Grundy shall constitute the twentieth senatorial district, and be entitled to one senator.
21. The counties of Du Page, Kendall, Will, and Iroquois shall constitute the twenty- first senatorial district, and be entitled to one senator.
22. The counties of Ogle, Lee, De Kalb, and Kane shall constitute the wenty-second senatorial district, and be entitled to one senator.
CONSTITUTION. Q.
23. The counties of Jo Daviess, Stephenson, Carroll, and Whiteside shall constitute the twenty-third senatorial district, and shall be entitled to one senator.
24. The counties of McHenry, Boone, and Winnebago shall constitute the twenty-fourth senatorial district, and be entilltd to one senator.
25. The counties of Cook and Lake shall constitute the twenty-fifth senato- rial district, and be entitled to one senator.
REPRESENTATIVE DISTRICTS.
1. The counties of Union, Alexander, and Pulaski shall constitute the first representative district, and be entitled to one representative.
2. The counties of Massac, Pope, and Hardin shall constitute the second representative district, and be entitled to one representative.
3. The counties of Gallatin and Saline shall constitute the third representa- tive district, and be entitled to one representative.
4. The counties of Johnson and Williamson shall constitute the fourth repre- sentative district, and be entitled to one representative.
5. The counties of Jackson and Franklin shall constitute the fifth represen- tative district, and be entitled to one representative.
6. The counties of Marion, Jefferson, Wayne, and Hamilton shall constitute the sixth representative district, and be entitled to three representatives; Provi- ded, that no county in said district shall have more than one of said representa- tives, and the county from which a senator shall be selected shall not be entitled to a representative residing in said county.
7. The county of White shall constitute the seventh representative district, and be entitled to one representative.
8. The counties of Wabash and Edwards shall constitute the eighth repre- sentative district, and be entitled to one representative.
9. The counties of Lawrence and Richland shall constitute the ninth repre- sentative district, and be entitled to one representative.
10. The counties of Crawford and Jasper shall constitute the tenth repre- sentative district, and be entitled to one representative.
11. The county of Coles shall constitute the eleventh representative district, and be entitled to one representative.
12. The county of Clark shall constitute the twelfth representative district, and be entitled to one representative.
13. The counties of Cumberland, Effingham, and Clay shall constitute the thirteenth representative district, and be entitled to one representative.
14. The county of Fayette shall constitute the fourteenth representative dis- trict, and be entitled to one representative.
15. The counties of Montgomery, Bond, and Clinton shall constitute the fifteenth representative district, and be entitled to two representatives.
16. The counties of Washington and Perry shall constitute the sixteenth representative district, and be entitled to one representative.
17. The county of Randolph shall constitute the seventeenth representative district, and be entitled to one representative.
18. The county of Monroe shall constitute the eighteenth represen itive district, and be entitled to one representative.
19. The county of St. Clair shall constitute the nineteenth represen; itive district, and be entitled to two representatives.
20. The county of Madison shall constitute the twentieth representative dis- trict, and shall be entitled to two representatives.
21. The county of Macoupin shall constitute the twenty-first representative district, and be entitled to one representative.
10 CONSTITUTION.
22. The counties of Jersey and Greene shall constitute the twenty-second representative district, and be entitled to two representatives.
23. The county of Scott shall constitute the twenty-third representative dis- trict, and be entitled to one representative.
24. The county of Morgan shall constitute the twenty-fourth representative district, and be entitled to two representatives.
25. The counties of Cass and Menard shall constitute the twenty-fifth representative district, and be entitled to one representative.
26. The county of Sangamon shall constitute the twenty-sixth representa- tive district, and be entitled to two representatives.
27. The counties of Mason and Logan shall constitute the twenty-seventh representative district, and be entitled to one representative.
28. The county of Tazewell shall constitute the twenty-eighth representa- tive district, and be entitled to one representative.
29. The counties of McLean and De Witt shall constitute the twenty-ninth representative district, and be entitled to one representative.
30. The county of Vermilion shall constitute the thirtieth representative district, and be entitled to one representative.
31. The county of Edgar shall constitute the thirty-first representative dis- trict, and be entitled to one representative.
32. The counties of Champaign, Piatt, Moultrie, and Macon shall constitute the thirty-second representative district, and be entitled to one representative.
33. The counties of Shelby and Christian shall constitute the thirty-third representative district, and be entitled to one representative.
34. The counties of Pike and Calhoun shall constitute the thirty-fourth representative district, and be entitled to two representatives.
35. The counties of Adams, Highland, and Brown shall constitute the thirty- fifth representative district, and be entitled to three representatives.
36. The county of Schuyler shall constitute the thirty-sixth representative district, and be entitled to one representative.
37. The county of Hancock shall constitute the thirty-seventh representative district, and be entitled to two representatives.
38. The county of McDonough shall constitute the thirty-eighth representa- tive district, and be entitled to one representative.
39. The county of Fulton shall constitute the thirty-ninth representative dis- trict, and be entitled to two representatives.
40. The county of Peoria shall constitute the fortieth representative district, and be entitled to one representative.
41. The county of Knox shall constitute the forty-first representative dis- trict, and be entitled to one representative.
42. The counties of Mercer, Warren, and Henderson shall constitute the forty-second representative district, and be entitled to two representatives.
43 The counties of Rock Island, Henry, and Stark shall constitute the forty- third representative district, and be entitled to one representative.
44. The counties of Whiteside and Lee shall constitute the lorty-fourlh repre- sentative district, and be entitled to one representative.
45. The counties of Carroll and Ogle shall constitute the forty-fifth repre- sentative district, and be entitled to one representative.
46. The counties of Jo Daviess and Stephenson shall constitute the forty- sixth representative district, and be entitled to two representatives.
47. The county of Winnebago shall constitute the forty-seventh representa- tive district, and be entitled to one representative.
48. The counties of Putnam, Marshall, and Woodford shall constitute the forty -eighth representative district, and be entitled to one representative.
CONSTITUTION. J ]
49. The counties of La Salle, Grundy, Livingston, and Bureau shall consti'ute the forty-ninth representative district, and be entitled to two representatives.
50. The counties of Du Page, Kendall, Will, and Iroquois shall constitute the fiftieth representative district, and be entitled to three representatives.
51. The counties of Kane and De Kalb shall c mstitute the fifty-first repre- sentative district, and be entitled to two representatives.
52. The counties of Boone and McHenry shall constitute the fifty-second representative district, and be entitled to two representatives.
53. The county of Lake shall constitute the fifty-third representative district, and be entitled to one representative.
54. The county of Cook shall constitute the fifty-fourth representative dis- trict, and be entitled to two representatives.
§ 41. Until the general assembly shall otherwise provide, the clerks of the county commissioners' courts in each of the aforesaid senatorial districts, and in such of the representative districts as may be composed of more than one county, shall meet at the county seat of the oldest county in said district, within thirty days next after any election for senator or representative therein, for the purpose of comparing and canvassing the votes given at such election; and the said clerks shall in all other respects conform to the laws on the subject in force at the time of the adoption of this constitution.
ARTICLE IV.
OF THE EXECUTIVE DEPARTMENT.
§ 1. The executive power of the state shall be vested in a governor.
§ 2. The first election of governor. shall be held on Tuesday next after the first Monday in November, a. d. 184^; and the next election shall be held on Tuesday next alter the first .Monday of November, a. d. 1852 ; and thereafter an election for governor shall be held once in four years, on Tuesday next after the first Monday of November. The governor shall be chosen by the electors of the members of the general assembly, at the same places and in the same man- ner that they shall, respectively, vote for members thereof. The returns for every election of governor shall be sealed up, and transmitted to the seat of government, by the returning officers, directed to the speaker of the house of representatives, who shall open and publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor; but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.
§ 3. The first governor shall enter upon the duties of his office on the second Monday of January, a. d. 1849, and shall hold his office until the second Monday of January, a. d. 1853, and until his successor shall have been elected and qual- ified ; and thereafter the governor shall hold his office for the term of four years, and until his successor shall have been elected and qualified ; but he shall not be eligible to such office more than four years in any term of eight years, nor to any other office until after the expiration of the term for which he was elected.
§ 4. No person except a citizen of the United States shall be eligible 1o the office of governor; nor shall anv person be eligible to that office who shall not have attained the age of thirty-five years, and been ten years a resident of this state, and fourteen years a citizen of the United States.
§ 5. The governor shall reside at the seat of government, and receive a sal- ary of fifteen hundred dollars per annum; which shall not be increased or diinin-
12
CONSTITUTION.
ished ; and he shall not, during the time for which he shall have been elected, receive any emolument from the United States, or either of them.
§ 6'. Before he enters upon the duties of his office, he shall take the follow- ing oath or affirmation, to wit: "I do solemnly swear (or affirm) that I will faithfully execute the duties appertaining to the office of governor of the state of Illinois; and will, to the best of my ability, preserve, protect, and defend the constitution of this state; and will, also, support the constitution of the United States."
§ 7. He shall, from time to time, give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient.
§ 8. The governor shall have power to grant reprieves, commutations, and pardons, after conviction, for all offences, except treason and cases of im- peachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall pardon the convict, commute the sentence, direct the execution thereof, or grant a further reprieve. He shall, biennially, communicate to the general assembly each case of reprieve, commutation, or pardon granted, slating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of commutation, pardon, or reprieve.
§ 9. He may require information in writing Jrom the officers in the executive departments, upon any subject relating to the duties of their respective offices, and shall take care ihat the laws be faithfully executed.
§ 10. He may, on extraordinary occasions, cunvene the general assembly by proclamation, and shall state in said proclamation the purpose for which they are to convene; and the general assembly shall enter on no legislative business except that for which they were specially called together.
§11. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States.
§ 12. The governor shall nominate and, by and with the advice and consent of the senate, (a majority of all the senators concurring,) appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointments are not otherwise provided for; and no such offi- cer shall be appointed or elected by the general assembly.
§ 13. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he thinks proper ; Provided, it be not to a period be- yond the next constitutional meeting of the same.
§ 14. A lieutenant governor shall be chosen at every election of governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant governor, the electors shall distinguish whom they vote lor as governor, and whom as lieutenant gov- ernor.
§ 15. The lieutenant governor shall, by virtue of his office, be speaker of the senate ; have a right, when in committee of the whole, to debate and vote on all subjects, and, whenever the senate are equally divided, to give the casting vote.
§ 16. Whenever the government shall be administered by the lieutenant gov- ernor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own number as speaker for that occasion; and if, during the vacancy of the office of governor, the lieutenant governor shall be impeached,
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removed from office, refuse to qualify, or resign or die, or be absent from the state, the speaker of the senate shall, in like manner, administer the govern- ment.
§ 17. The lieutenant governor, while he acts as speaker of the senate, shall receiv e for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more.
§ 1 v. if the lieutenant governor shall be called upon to administer the gov- ernment, and shall, while in such administration, resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a speaker.
§ 19. In case of the impeachment of the governor, his absence from the state, or inability to discharge the duties of his office, the powers, duties, and emoluments of the office shall devolve upon the lieutenant governor; and in case of his death, resignation, or removal, then upon the speaker of the senate for the time being, until the governor, absent or impeached, shall return or be acquitted; or until the disqualification or inability shall cease; or until a new governor shall be elected and qualified.
§ 20. In case of a vacancy in the office of governor, for any other cause than those herein enumerated, or in case of the death of the governor elect before he is qualified, the powers, duties, and emoluments of the office shall devolve upon the lieutenant governor, or speaker of the senate, as above provided, until a new governor be elected and qualified.
§ 21. Kvery bill which shall have passed the senate and house of represen- tatives shall, before it becomes a law, be presented to the governor; if he ap- prove, he shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated ; and the said house shall enter the ob- jections at large on their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the members elected shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by a majority of the members elected, it shall become a law, notwithstanding the objections of the governor; but in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he ha 1 signed it, unless the general assembly shall, by their adjournment, pre- vent its return; in which case, the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of said ten days, or be a law.
§ 22. There shall be elected by the qualified electors of this state, at the same time of the election for governor, a secretary of state, whose terra of office shall he the same as that of the governor, who shall keep a fair register of the official acts of the governor, and, when required, shall lay the same, and all pa- pers, minutes, and vouchers relative thereto, before either branch of the general assembly, and shall perform such other duties as shall be assigned him by law, and shall receive a salary of eight hundred dollars per annum, and no more, ex- cept fees ; Provided, that if the office of secretary of state should be vacated by death, resignation, or otherwise, it shall be the duty of the governor to appoint another, who shall hold his office until another secretary shall be elected and qualified.
§ 2'i. There shall be chosen, by the qualified electors throughout the state, an auditor of p-ih'io accounts, who shall hold his office for the term of four years, and until his successor is qualified, and whose duties shall be regulated
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Ly law, and who shall receive a salary, exclusive of clerk hire, of one thousand dollars per annum, for his services, and no more.
§ 24. There shall be elected, by the qualified electors throughout the state, a state treasurer, who shall hold his oiKce for two years, and until his successor is qualified ; whose duties may be regulated by law, and who shall receive a salary of eie;ht hundred dollars per annum, and no more.
§ 25. All grants and commissions shall be sealed with the great seal of state, signed by the governor or person administering the government, and counter- signed by the secretary of slate.
§ 26. The governor and all other civil officers shall be liable to impeachment for misdemeanor in otfice, during their continuance in office, and for two years thereafter.
ARTICLE V.
OF THE JUDICIARY DEPARTMENT.
§ 1. The judicial power of this state shall be, and is hereby, vested in one supreme court, in circuit courts, in county courts, and in justices of the peace; Provided, that inferior local courts, of civil and criminal jurisdiction, may be established by the general assembly in tUe cities of this state, but such courts shall have a uniform organisation and jurisdiction in such cities.
§ 2. The supreme court shall consist of three judges, two of whom shall form a quorum; and the concurrence of two of said judges shall in all cases be necessary to a decision.
§ 3. The state shall be divided into three grand divisions, as nearly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine years ; Provided, that after the first election of such judges, the general assembly may have the power to provide by law for their election by the whole state, or by divisions, as they may deem most expedient.
§ 4. The office of one of said judges shall be vacated, after the first election held under this article, in three years ; of one, in six years ; and of one, in nine years ; to be decided by lot, so that one of said judges shall be elected once in every three years. The judge having the longest term to serve shall be the first chief justice ; after which, the judge having the oldest commission shall be chief justice.
§ 5. The supreme court may have original jurisdiction in cases relative to the revenue, in cases of mandamus, habeas corpus, and in such cases of impeach- ment as may be by law directed to be tried before it, and shall have appellate jurisdiction in all other cases.
§ 6. The supreme court shall hold one term annually in each of the afore- said grand divisions, at such time and place, in each of said divisions, as may be provided for by law.
§ 7. The state shall be divided into nine judicial districts ; in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of six years, and until his successor shall be com- missioned and qualified; Provided, that the general assembly may increase the number of circuits to meet the future exigencies of the state.
§ 8. There shall be two or more terms of the circuit court held, annually, in each county of this state, at such limes as shall be provided by law; and said courts shall have jurisdiction in all cases at law and equity, and in all cases of appeals from all inferior courts.
§ !(. All vacancies in the supreme and circuit courts shall be filled by elec- tion as aforesaid ; Provided, however, that if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment.
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§ 10. The judges of the supreme court shall receive a salary of twelve hun- dred dollars per annum, payable quarterly, and no more. The judges of the circuit courts shall receive a salarj of one thousand dollars per annum, payable quarterly, and no more. The judges of the supreme and circuit court > shall not be eligible to any other office or public trust, of profit, in this state, or the United States, during the term for which they are elected, nor for one year thereafter. All votes for either of them for any elective office, (except that of judge of the supreme or circuit court,) given by the general assembly, or the people, shall be void.
§11. No person shall be eligible to the office of judge of any court of this state who is not a citizen of the United States, and who shall not have resided in this state live years next preceding his election, and who shall not for two years next preceding his election have resided in the division, circuit, or county in which he shall be elected; nor shall any person be elected judge of the su- preme court who shall be, at the time of his election, under the age of thirty- five years ; and no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of thirty years.
§ 12. For any reasonable cause, to be entered on the journals of each house, which shall not be sufficient ground lor impeachment, both justices of the su- preme court, and judges of the circuit court, shall be remo\ed from office, on the vote of two-thirds of the members elected to each branch of the general assembly ; Provided, always, that no member of either house of the general assembly shall be eligible to fill the vacancy occasioned by such removal ; Pro- vided, also, that no removal shall be made unless the justice or judge complained of shall have been served with a copy of the complaint against him, and shall have an opportunity of being heard in his defence.
§ 13. The first election for justices of the supreme court and judges of the circuit courts shall be held on the first Monday of September, 1848.
§ 14. The second election for one justice of the supreme court shall be held on the first Monday of June, 1*52; and every three yeara thereafter an elec- tion shall be held for one justice of the supreme court.
§ 15. On the first Monday of June, 1855, and every sixth year thereafter, an election shall be held for judges of the circuit courts ; Provided, whenever an additional circuit is created, such provision may be made as to hold the second election of such additional judge at the regular elections herein provided.
§ lb*. There shall be, in each county, a court, to be called a county court.
§ 17. One county judge shall be elected by the qualified voters of each county, who shall hold his office for four years, and until his successor is elected and qualified.
§ 18. The jurisdiction of said courf shall extend to all probate and such other jurisdiction as the general assembly may confer in civil cases, and such crimi- nal caies as may be prescribed by law, where the punishment is by fine only, not exceeding one hundred dollars.
§ 19. The county judge, with such justices of the peace in each county as may be designated by law, shall hold terms for the transaction of county busi- ness, and shall perform such other duties as the general assembly shall prescribe; Provided, the general assembly may require that two justices, to be chosen by the qualified electors of each county, shall sit with the county judge in all cases ; and there shall be elected, quadrennially, in each county, a clerk of the county court, who shall be ex officio recorder, whose compensation shall be fees ; Pro- vided, the general assembly may, by law, make the clerk of the circuit court ex officio recorder, in lieu of the county clerk.
§ '20. The general assembly shall provide for the compensation of the county judge.
§ 21. The clerks of the supreme and circuit courts, and state's attorneys,
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CONSTITUTION.
shall be elected at the first speci.il election for judges. The second election for clerks of the supreme court shall be held on the first Monday of June, 1855, and every sixth year thereafter. The second election for clerks of the circuit courts, and state's attorneys, shall be held on the Tuesday next after the first Monday of November, 1852, and every fourth year thereafter.
§ 22. All judges and state's attorneys shall be commissioned by the gover- nor.
§ 23. The election of all officers, and the filling of all vacancies that may
happen by death, resignation, or removal, not otherwise directed or provided for
by this constitution, shall be made in such manner as the general assembly shall
, direct; Provided, that no such officer shall be elected by the general assembly.
§ 24. The general assembly may authorise the judgments, decrees, and de- cisions of any local inferior court of record, of original, civil, or criminal juris- diction, established in a city, to be removed, for revision, directly into the su- preme court.
§ 25. County judges, clerks, sheriffs, and other county officers, for wilful neglect of duty, or misdemeanor in office, shall be liable to presentment or in- dictment by a grand jury, and trial by a petit jury, and, upon conviction, shall be removed from office.
§ 2b'. All process, writs, and other proceedings shall run in the name of " The people of the state of Illinois.'1'' All prosecutions shall be carried on " In the name and by the authority of the. people of the state of Illinois" and conclude, '"Jlgainst the pence and dignity of the same."
§ 27. There shall be elected in each county in this state, in such districts as the general assembly may direct, by the qualified electors thereof, a competent number of justices of the peace, who shall hold their offices for the term of four years, and until their successors shall have been elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction as may be prescribed by law.
§ 2S. There shall be elected in each of the judicial circuits of this state, by the qualified electors thereof, one state's attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and quali- fied; who shall perform such duties and receive such compensation as may be prescribed by law ; Provided, that the general assembly may hereafter provide by law for the election, by the qualified voters of each county in this state, of one county attorney for each county, in lieu of the state's attorneys, provided for in this section; the term of office, duties, and compensation of which county attorneys shall be regulated by law.
§ 29. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his successor shall have been elected and qualified ; who shall perform such duties and receive such compensation as may be prescribed by law. The clerks of the supreme court shall be elected, in each division, by the qualified electors thereof, for the term of six years, and until their successors shall have been elected and qualified ; whose duties and compensation shall be provided by law.
§ 30. The first grand division, for the election of judges of the supreme court, shall consist of the counties of Alexander, Pulaski, Massac, Pope, Har- din, Gallatin, Saline, Williamson, Johnson, Union, Jackson, Randolph, Perry, Franklin, Hamilton, White, Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Bond, Madison, Jersey, and Calhoun.
The second grand division shall consist of the counties of Edgar, Coles, Moultrie, Shelby, Montgomery, Macoupin, Greene, Pike, Adams, Highland, Hancock, McDonough, Schuyler, Brown, Fulton, Mason, Cass, Morgan, Scott,
CONSTITUTION. J7
Sangamon, Christian, Macon, Piatt, Champaign, Vermilion, De Witt, Logan, Menard, Cumberland, and Clark.
Tiie third grand division shall consist of the counties of Henderson, Warren, Knox, Peoria, Tazewell, Woodford, McLean, Livingston, Iroquois, Will, Grundy, Kendall, La Salle, Putnam, Marshall, Stark, Bureau, Henry, Mercer, Rock Island, Whiteside, Lee, Carroll, Jo Daviess, Stephenson, Winnebago, Ogle, De Kalb, Boone, Kane, McHenry, Lake, Cook, and Du Page.
§ 31. The terms of the supreme court for the first division shall be held at Mount Vernon, in Jefferson county ; for the second division, at Springfield, in Sangamon county; for the third division, at Ottawa, in La Salle county, until some other place in either division is fixed by law.
§ 32. Appeals and writs of error may be taken from the circuit court of any county to the supreme court held in the division which includes such county, or, with the consent of all the parties in the cause, to the supreme court in the next adjoining division.
§ 33. The foregoing districts may, after the taking of each census by the state, be altered, if necessary, to equalise the said districts in population; but such alteration shall be made by adding to such district such adjacent county or counties as will make said district nearest equal in population; Provided, no such alteration shall affect the office of any judge then in office.
ARTICLE VL
ON ELECTIONS AND THE RIGHT OF SUFFRAGE.
§ 1. In all elections, every white male citizen above the age of twer.ty-one years, having resided in the state one year next preceding any election, shall be entitled to vote at such election ; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution, shall have the right of voting as aforesaid; but no such citizen or inhabitant shall be entitled to vote, except in the district or county in which he shall actually reside at the time of such election.
§ 2. All votes shall be given by ballot.
§ 3. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.
§ 4. No elector shall be obliged to do militia duty on the days of election, ex- cept in time of war or public danger.
§ 5. No elector shall be deemed to have lost his residence in this state by reason of his absence on the business of the United States, or of this state.
§ t>. No soldier, seaman, or marine, in the army or navy of the United States, shall be deemed a resident of this state, in consequence of being stationed at any military or naval place within the same.
§ 7. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have Tesided in this state one year next before the election or appointment.
§ 8. The general assembly shall have full power to pass laws excluding from the right of suffrage persons convicted of infamous crimes.
§ 9. The general elections shall be held on the Tuesday next after the first Monday of November, biennially, until otherwise provided by law.
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jg CONSTITUTION.
ARTICLE VII.
OF COUNTIES.
§ 1. No new county shall be formed or established by the general as- sembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than four hundred square miles; nor shall any county be formed of less contents ; nor shall any line thereof pass within less than ten miles of any county seat of the county or counties proposed to be divided.
§ 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a major- ity of all the legal voters of the county voting on the question shall vote lor the same.
§ 3. All territory which has been or may be stricken off, by legislative en- actment, from any organised county or counties, for the purpose of forming anew county, and which shall remain unorganised after the period provided for such organisation, shall be and remain a part of the county or counties from which it was originally taken, for all purposes of county and stale government, until oth- erwise provided by law.
§ 4. There shall be no territory stricken from any county unless a majority of the voters living in such territory shall petition for such division ; and no ter- ritory shall be added to any county without the consent of a majority of the vo- ters of the county to which it is proposed to be added.
§ f). No county seat shall be removed until the point to which it is proposed to be removed shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point.
§ 6. The general assembly shall provide, by a general law, for a township or- ganisation, under which any county may organise whenever a majority of the vo- ters of such county, at any general election, shall so determine; and whenever any county shall adopt a township organisation, so much of this constitution as provides for the management of the fiscal concerns of the said county by the county court may be dispensed with, and the affairs of said county may be trans- acted in such manner as the general assembly may provide.
§ 7. There shall be elected in each county in this state, by the qualified elec- tors thereof, a sheriff, who shall hold his office for ihe term of two years, and until his successor shall have been elected and qualified ; Provided, no person shall be eligible to the said office more than once in four years.
ARTICLE VIII.
MILITIA.
§ 1. The militia of the state of Illinois shall consist of all free male able-bodied persons, (negroes, mulattoes, and Indians excepted,) resident of the stale, be- tween the a»es of eighteen and forty-five years, except such persons as now are •r hereafter may be exempted by the laws of the United States or of this state, and shall be a.med, equipped, and trained as the general assembly may provide
by law.
§ 2. No person or persons, conscientiously scrupulous of bearing arms, shall fee compelled to do militia duty in time of peace, provided such person or per- sons shall pay an equivalent for such exemption.
§ 3. Company, battalion, and regimental officers, staff officers excepted, shall be elected by the persons composing their several companies, battalions, and reg- iments.
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§ 4. Brigadier and' major generals shall be elected by the officers of their brigades and divisions, respectively.
§ 5. All militia officers shall be commissioned by the governor, and may hold their commissions lor such time as the legislature may provide.
§ 6. The militia shall, in all cases, except treason, lelony, cr breach of the peace, be privileged from arrest during their attendance at musters and election of officers, and in going to and returning from the same.
ARTICLE IX.
OF TUE REVENUE.
§ 1. The general assembly may, whenever they shall deem it necessary, cause to be collected from all able-bodied, tree white male inhabitants of this state, over the age of twenty-one years and under tlie age of sixty years, who are en titled to the right of suifrage, a capitation tax of not less than fifty cents, nor more than one dollar each.
§ 2. The general assembly shall provide for levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his or her property ; such value to be ascertained by some person or persons to be elected or appointed in such manner as the general assembly shall direct, and not otherwise ; but the general assembly shall have power Jo tax pedlers, auc- tioneers, brokers, hawkers, merchants, commission merchants, showmen, jug- glers, inn-keepers, grocery keepers, toll-bridges, and ferries, and persons using and exercising franchises and privileges, in such manner as they shall from lime to time direct.
§ 3. The property of the state and counties, both real and personal, and such other property as the general assembly may de-em necessary for school, reli- gious, anu charitable purposes, may be exempted fronrtaxation.
§ 4. Hereafter no purchaser of any land or town lot, at any sale of lands or town lots for taxes due either to this state or any county, or incorporated town or city within the same ; or at any sale for taxes or levies authorised by the laws of this state, shall be entitled to a deed for the lands or town lot so pur- chased until he or she shall have complied with the following conditions, to wit: Such purchaser shall serve, or cause to be served, a written notice of such pur- chase on every person in possession of such land or town lot, three months be- fore the expiration of the time of redemption on such sale; in which notice he shall stale when he purchased the land cr town lot, the description of the land or lot he has purchased, and when the time of redemption will expire. In like manner he shall serve on the person or persons in whose name or names such land or lot is taxed, a similar written notice, if such person or persons shall re- side in the county where such land or lot shall be situated ; and in the event that the person or persons in whose name or names ihe land or lot is taxed do not reside in the county, such purchaser shall publish such notice in some newspaper printed in such county ; and if no newspaper is printed in the county, then in the near- est newspaper that is published in tnis state to the county in which such lot or land is situated; which notice shall be inserted three times, the last time not less than three months belore the lime of redemption shall expire. Every such purchaser, by himself or agent, shall, before he shall be entitled to a deed, make an affidavit ol his Inning complied with the conditions of this section, stating par- ticularly the facts relied on as such compliance ; which affidavit shall be deliv- ered to the person authorised by law to execute such tax deed, and which >hall by him he filed with the othcer having custody of the records of lands and lots sold for taxes and entries of redemption in the county where such lnnd or li t shall lie, to be by such officer entered on the records of his office, and carefully pre-
29 CONSTITUTION.
served among the files of his office ; and which record or affidavit shall be prima facie evidence that such notice lias been given. Any person swearing falsely in such affidavit shall de deemed guilty of perjury, and punished accordingly. . In case any person shall be compelled under this section to publish a notice in a newspaper, then, before any person who may have a right to redeem such land or lot from such tax sale shall be permitted to redeem, he or she shall pay the officer or person who by law is authorised to receive such redemption money, the prin- ter's fee for publishing such notice, and the expenses of swearing or affirming to the affidavit, and filing the same.
§ 5. The corporate authorities of counties, townships, school districts, cities, towns, and villages may be vested with power to assess and collect taxes for cor- porate purposes ; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. And the general assem- bly shall require that all the property within the limits of municipal corpora- tions, belonging to individuals, shall be taxed for the pa} ment of debts contracted under authority of law.
§ (j. The specifications of the objects and subjects of taxation shall not deprive the general assembly of the power to require other objects or subjects to be taxed, in such manner as maybe consislentjwith the principles of taxation fixed in this constitution.
ARTICLE X.
CORPORATIONS.
§ I. Corporations, not possessing banking powers or privileges, may be formed under general laws, but shall not be created by special acts, except l'or munici- pal purposes, and, in cases where, in the judgment of the general assembly, the objects of the corporation cannot be attained under general laws.
§ 2. Dues from corporations, not possessing banking powers or privileges, shall be secured by such individual liabilities of the corporators, or other means, as may be prescribed by law.
• § 3. No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation or joint stock association for banking pur- poses, to be hereafter created.
§ 4. The stockholders in every corporation, or joint stock association for bank- ing purposes, issuing bank notes, or any kind of paper credits to circulate as money, shall be individually responsible, to the amount of their respective share or shares of stock in any such corporation or association, for all its debts and li- abilities of every kind.
§ 5. No act of the general assembly, authorising corporations or associations with banking powers, shall go into effect, or in any manner be in force, unless the same shall be submitted to the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for and against such law.
§ 6. The general assembly shall encourage internal improvements, by pass- ing liberal general laws of incorporation for that purpose.
ARTICLE XI.
COMMONS.
All lands which have been granted, as a "common," to the inhabitants of any town, hamlet, village, or corporation, by any person, body politic or corporate, or by any government having power to make such grant, shall forever remain com-
CONSTITUTION. 21
mon to the inhabitants of such town, hamlet, village, or corporation ; butthesaid commons, or any of them, or any part thereof, may be divided, leased, or grant- ed, in such manner as may hereafter be provided by law, on petition of a ma- jority of the qualified voters interested in such commons, or any of them.
ARTICLE XII.
AMENDMENTS TO THE CON&TITUTION.
§ I. Whenever two-thirds of all the members elected to each branch of the general assembly s-hall think it necessary to alter or amend this constitution, they shall recommend to the electors, at the next election of members of the general assembly, to vote for or against a convention; and if it shall appear that a ma- jority of all the electors of the slate voting for representatives have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as the house of representatives at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors, in the same districts that chose the members of the house of represen- tatives; and which convention shall meet within three months after the said elec- tion, for the purpose of revising, altering, or amending this constitution.
§ 2. Any amendment or amendments to this constitution may be proposed in either branch of the general assembly ; and if the same shall be agreed to by two- thirds of all the members elect in each of the two houses, such proposed amend- ment or amendments shall be referred to the next regular session of the general assembly, and shall be published at least three months previous to the time of holding the next election for members of the house of representatives ; and if, at the next regular session of the general assembly after said election, a majority of all the members elect in each branch of the general assembly shall agree to said amendment or amendments, then it shall b» their duty to submit the same to the people at the next general election, lor their adoption or rejection, in such man- ner as may be prescribed by law ; and if a majority of all the electors voting at such election for members of the house ol representatives shall vote for such amendment or amendments, the same shall become a part of the constitution. But the general assembly shall not have power to propose an amendment or amendments to more than one article of the constitution at the same session.
ARTICLE XIII.
That the general, great, and essential principles of liberty and free government may be recognised and unalterably established, we declare:
§ 1. That all men are born equally I'ree and independent, and have certain in- herent and indefeasible rights , among which are those of enjoying and defend- ing life and liberty, and of accpiiring. possessing, and protecting property and rep- utation, and of pursuing their own happiness.
§ 2. That all power is inherent in the people, and all free governments are founded on their authority, and instituted lor their peace, safety, and happi- ness.
§ 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case what- ever, control or interfere with the rights of conscience ; and that no preference shall ever be given by law to any religious establishments or modes of worship.
§ 4. That no religious test shall ever be required as a qualification to any of- fice or public trust under this state.
§ 5. That all elections shall be free and equal.
22 CONSTITUTION.
§ 6. That the right of trial by jury shall remain inviolate ; and shall extend to all cases at law, without regard to the amount in controversy.
§ 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures ; and that general war- rants, whereby an officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose oifences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
§ 8. That no freeman shall be imprisoned or disseized of his freehold, liber- ties, or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
§ 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him ; to meet the witnesses face to face ; to have compulsory process to compel the attendance of witnesses in his favor; and in prosecutions by indictment or information, a speedy public trial by an impartial jury of the county or district wherein the offence shall be committed, which county or district shall have been previously ascertained by law ; and that he shall not be compelled to give evidence against himself
§ 1U. No person shall be held to answer for a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time of war or public danger; Provided, that justices of the peace shall try no person, except as a court of inquiry, for any offence punishable with imprisonment or death, or line above one hundred dollars.
§ 11. No person shall, for the same offence, be twice put in jeopardy of his life or limb; nor shall any man's property betaken or applied to public use without the consent of his representatives in the general assembly, nor without just compensation being made to him.
§ 12. Every person within this state ought to find a certain remedy in the laws, for all injuries or wrongs which he may receive in his person, property, or character ; he ought to obtain right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without de- lay, conformably to the laws. .
§ 13. That all persons shall be bailable by sufficient sureties, unless for cap- ital offences where the proof is evident or the presumption great ; and the privi- lege of the writ of habeas corpus shall not be suspended, unless, when, in cases of rebellion or invasion, the public safety may require it.
§ 14. All penalties shall be proportioned to the nature of the offence; the true design of all punishment being to reform, not to exterminate mankind.
§ 15. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be pre- scribed by law, or in cases where there is strong presumption of fraud.
§ 16. 1 here shall be neither slavery nor involuntary servitude in this state, except as a punishment for crime whereof the party shall have been duly con- victed.
§ 17. No ex post factolaw, nor any law impairing the obligation of contracts, shall ever be made; and no conviction shall work corruption of blood or forfeit- ure of estate.
§ 18. That no person shall be liable to be transported out of this state for any offence committed within the same.
§ 19. That a frequent recurrence to the fundamental principles of civil gov- ernment is absolutely necessary to preserve the blessings of liberty.
§ 20. The military shall be in strict subordination to the civil power.
CONSTITUTION. 23
§ 21. That the people have a right to assemble together in a peaceable man- ner to consult ibr their common good, to instruct their representatives, and to apply to the general assembly for redress of grievances.
§ 22. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war, except in manner prescribed by law.
§ 23. The pri.jting presses shall be Tree to every person who undertakes to ex- amine the proceedings of the general assembly, or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communi- cation of thoughts and opinions is one of the invaluable rights of man ; and eve- ry citizen may freely speak, write, and print, on any subject, being responsible for the abuse of that liberty.
§ 24. In prosecutions for the publication of papers investigating the official conduct of officers, or of men acting in a public capacity, or when the matter published is proper for public information, the truth thereof may be given in ev- idence, and in all indictments for libels, the jury shall have the right of deter- mining both the law and the fact, under the direction of the court, as in other cases.
§ 25. Any person who shall, after the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise, in such manner as is or may be prescribed by law.
§ 2b'. That from and after the adoption of this constitution, every person who shall be elected or appointed to any office of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this state, shall, before he enters upon the duties of his office, in addition to the oath pre- scribed in this constitution, take the following oath: "I do solemnly swear v or affirm, as the case may be,) thht I have not fought a duel, nor sent or accepted a challenge to light a duel, the prob.tble issue of which might have been the death of either party, nor been a second to either party, nor in any manner aid- ed or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the constitution; and that 1 will not be so en- gaged or concerned, directly or indirectly, in or about any such duel, during my continuance in office. So help me God."
ARTICLE XIV.
v V
The general assembly shall, at its first session under the amended constitu- tion, pass sucli laws as will effectually prohibit free persons of color from immi- grating to and settling in this state; and to effectually prevent the owners of slaves from bringing them into this slate, for the purpose of setting them free.
ARTICLE XV.
There shall be annually assessed and collected, in the same manner as other state revenue may be assessed and collected, a tax of two mills upon each dol- lar's worth of taxable properly, in addition to all other t.ixes, to be applied as follows, to wit; the fund so created shall be kept separate, and shall annually, on the first day of January, be apportioned and paid over pro rata upon all such state indebtedness, other than the canal and school indebtedness, as may, ior that purpose, be presented by the holders of the same, to be entered as credits upon, and, to that entent, in extinguishment ol the principal of said indebtedness.
24 CONSTITUTION.
SCHEDULE.
That no inconvenience may arise from the alterations and amendments made in
the constitution of this state, and to carry the same into complete effect, it i»
hereby ordained and declared :
§ 1. That all laws in force at the adoption of this constitution, not inconsis- tent therewith, and all rights, actions, prosecutions, claims, and contracts of this state, individuals or bodies corporate, shall continue and be as valid as if this con- stitution had not been adopted.
§ 2. That all tines, penalties, and forfeitures due and owing to the state of Il- linois under the present constitution and laws, shall enure to the use of the peo- ple of the stale of Illinois under lhis constitution.
§ 3. Recognizances, bonds, obligations, and all other instruments entered in- to or executed, before the adoption of this constitution, to the people of the state of Illinois, to any state or county officer or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of the state.
§ 4. That ''article XI," entitled "commons," is hereby adopted as a part of the constitution of this state, without being submitted to be voted upon by the people.
§ 5. That at the first election fixed by this constitution for the election of judges, there shall be elected one circuit judge in each of the nine judicial cir- cuits now established in this state.
§ G. The county commissioners' courts and the probate justices of the sever- al counties shall continue in existence and exercise their present jurisdiction un- til the county court, provided in this constitution, is organised in pursuance of an act of the general assembly to be passed at its first session.
§ 7. That the clerk of the circuit court, in each county fixed by this consti- tution as the place for holding the supreme court, except in the county of Sanga- mon, shall be ex officio clerk of the supreme court, until the clerks of said court shall be elected and qualified, as provided in this constitution, and all laws now- in force, in relation to the clerk of the supreme court, shall be applicable to said clerks and their duties.
§8. That the sheriffs, state attorneys, and all other officers elected under this constitution, shall perform such duties as shall be prescribed by law.
§ 9. That the oaths of office herein required to be taken may be administered by a justice of the peace until otherwise provided by law.
§ 10. That this constitution shall be submitted to the people for their adoption or rejection, at an election to be held on the first Monday in March, a. d. 1848, and there shall also be submitted for adoption or rejection at the same time, the separate articles in relation to the emigration of colored persons and the public debt.
§ 11. That every person entitled to vote for members of the general assembly, by the constitution and laws now in force, shall, on the first Monday in March, a. d. 1818, be entitled to vote for the adoption or rejection of this constitution, and for and ag.iinst the aforesaid articles separately submitted, and the said qual- ified electors shall vote in the counties in which they respectively reside, at the usual places of voting, ar-d not elsewhere; and the said election shall be conduct- ed according to the laws now in lorce in relation to the election of governor, so far as applicable, except as herein otherwise provided.
§ 12. That the poll- book to be used at said election shall, as nearly as practi- cable, be in the following form, to wit:
CONSTITUTION.
25
Poll-Book of an election held at
•precinct, in the county of
on
the first Monday of March, A. D. 1848, for the adoption or rejection of the Constitution and the separate articles submitted.
|
c o |
a |
a 0 |
1 - • |
0 |
-2 |
|
|
"^ |
■g |
J2 3 |
*■• 0 |
QJ |
fo |
|
|
Names of jhe Voters. |
(A 3 U Cm |
(/j 3 0 |
09 |
.S " « S |
CO 0 — |
1 — 1 C3 |
|
O |
O) _. |
V |
||||
|
rt |
e3 S |
»; £ |
,c 0 |
|||
|
c |
„, 0 |
— ' w |
c3 |
*-' £ |
||
|
V 0 |
•u 0 |
|||||
|
CL, O < |
0 |
** 0 — "*^ 0 |
.5 B "3 0 |
J- O |
to |
|
|
P$ |
fa |
< |
fa |
< |
||
|
A. B. |
1 |
1 |
1 |
|||
|
CD. |
1 |
2 |
2 |
|||
|
[E.F.] . . . |
2 |
1 |
3 |
|||
|
[G.H.] . . . |
3 |
1 |
§ 13. That the returns of the votes for the adoption or rejection of this con- stitution, and for and against the separate articles submitted, shall be made to the secretary of state, within fifty days after the election, and the returns of the votes shall, within five days thereafter, be examined and canvassed by the auditor, treasurer and secretary of state, or any two of them, in the presence of the gov- ernor, and proclamation shall be made by the governor, forthwith, of the result of the polls. If it shall appear that a majority of all the votes polled are for the adoption of this constitution, it shall be ihe supreme law of the land, from and after the first day of April, a. d. 18-48, but if it shall appear that a majority of the votes polled were given against the constitution, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate article in relalion to colored persons, or the article for the two mill tax, then said article, or artiiles, shall be and form a part of this constitution; otherwise said article, or articles, shall be null and void.
§ 14. That if this constitution shall be ratified by the people, the governor shall, forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties in this state; or, in case of vacancy, to the coro- ners, for the election of all the officers, the time of whose election is fixed by this constitution, or schedule; and it shall be the duty of said sheriffs or coro- ners to give at least twenty days' notice of the time and place of said election, in the manner now provided by law.
§ 15. The general assembly shall, at its first session after the adoption of this constitution, provide by law tor the mode of voting by ballot, and also for the manner of returning, canvassing, and certifying the number of votes cast at any election ; and until said law shall be passed, all elections shall be viva voce, and the laws now in force regulating elections shall continue in force until the gener- al assembly shall provide otherwise, as herein directed.
§ 16. That the first general election of governor, secretary of state, auditor, treasurer, and member* of the general assembly, and of such other officers as are to be elected at the same time, shall be held on the first Monday of August, eigh- teen hundred and forty- eight, any thing in this constitution to the contrary not- withstanding. County officers then elected shall hold their respective offices un-
26 CONSTITUTION.
til their successors arc elected or appointed, in conformity with laws hereafter enacted.
§ 17. That returns of the election of justices of the supreme and judges of the circuit courts, secretary of state, auditor, and treasurer, shall be made and can- vassed as is now provided by law lor representatives in congress ; and returns for members of the general assembly and county officers shall be made and can- vassed as is now provided by law.
§ 18. That all laws of the state of Illinois, and all official writings, and the ex- ecutive, legislative, and judicial proceedings, shall be conducted, preserved, and published in no other than the English language.
§ 19. On the first Monday in December, one thousand eight hundred and forty- eight, the term of office of judges of the supreme court, stale's attorneys, and of the clerks of the supreme and circuit courts, shall expire; and on said day, the term of office of the judges, state's attorneys, and clerks elected under the pro- visions of this constitution, sh_.ll commence. The judges of the supreme court, elected as aforesaid, shall have and exercise the powers and jurisdiction confer- red upon the present judges of that court; and the said judges of the circuit courts shall have and exercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution.
§ 20. On the first Monday in December, one thousand eight hundred and for- ty-eight, jurisdiction of all suits and proceedings then pending in the present su- preme court shall become vested in the supreme court established by this con- stitution, and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings then pending in the cir- cuit courts of the several counties shall be vested in the circuit courts of said counties.
§ 21. The Cook and Jo Daviess county courts shall continue to exist, and the judge and other officers of the same remain in office until otherwise provided by law.
§ 22. Until otherwise provided by law, the terms of the supreme court shall be held as follows ; In the first division, on the first Monday of December, a. d. 1848, and annually thereafter. In the second division, on the third Monday of December, a. d. 1848, and annually thereafter. In the third division, on the first Monday of February, a. d. 1849, and annually thereafter. The sheriffs of Jefferson and La Salle counties shall perform the same duties and receive the same compensation as is required and provided for the sheriff of Sangamon coun- ty, until otherwise provided by law.
§ 23. Nothing in this constitution shall prevent the general assembly from passing such laws in relation to the apprenticeship of minors, during their minor- ity, as may be necessary and proper.
§ 24. That the general assembly shall pass all laws necessary to carry into ef- fect the provisions of this constitution.
§ 25. Elections of judges of the supreme and circuit courts shall be subject to be contested.
§ 26. Contested elections of judges of the supreme court, shall be tried by the senate, and of judges of the circuit court by the supreme court, and the general assembly shall prescribe the manner of proceeding therein.
Done in convention, at the capitol, in the city of Springfield, on the thirty-first day of August, in the year of our Lord one thousand eight hundred and for- ty-seven, and of the Independence of the United States of America, the sev- enty-second.
LAWS OF 1849.
AN ACT making partial appropriations for defraying the expenses of this In force Janu- general assembly. aiy H, 1849.
Section 1. Be it enacted by the people of the strife of Illinois, represented in the general assembly, That the auditor of public ac- An(];tor to counts be, and he is hereby, required to draw warrants on the draw warrants* treasury for the sum of fifty dollars to each member of the senate To members and house of representatives, and warrants for a like sum to the ami officers, speaker of each house, the secretary and assistant secretary of the senate, the clerk and assistant clerk of the house of representa- tives, the enrolling and engrossing clerk of each house, each of the doorkeepers and assistant doorkeepers, and the sum of thirty dol- lars to the copyists of the journal> of each house, as also the sum of seventy-four dollars to ex-lieutenant governor Wells, for his ser-To Gov. Wells, vices as speaker of the senate during the present session.
§ 2. That any money now in the treasury, or which may be re- ceived into the treasury previous to the 1st March, 1849, and not otherwise appropriated by law, shall be applied ta the payment of the current expenses of the present session.
§ 3. This act to be in force from and after its passage.
Approved January 11, 1849.
AN ACT making appropriations for the pay of the members and Officers of the Tn force Feb- general assembly, and for the salaries of the officers of the government, until ruarj 12, '49. the adjournment of the next regular session.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the following appropria- tions be, and the same are hereby, made to the members and offi* cers of the general assembly, and for the salaries of the officers of the government, until the adjournment of the next regular session thereof; it being understood and intended that the appropriations hereinafter mentioned, shall extend to the next regular session of the general assembly, as well as to the present:
1. To the speaker of the senaie and of the house of represen- to speakers- tives, each, the sum of three dollars per day for the first forty-two
28
APPROPRIATIONS.
To members.
Mileage.
Secretaries of senate, and clerks of house
Sergeant-at- arms, and door- keepers.
Kng. clerks.
As. eng. clerks
Copyists.
Proviso.
To J. M. David- son.
To clergymen.
To the gover- nor.
Auditor.
days' attendance, and two dollars per day for each day's attendance thereafter.
2. To each member of the senate and of the house of represen- tatives, the sum of two dollars per day for the first forty-two days' attendance, and one dollar per day for each day's attendance there- after.
3. There shall be allowed to each of the members of the gen- eral assembly, including the speakers of both houses, ten cents per mile for each necessary mile's travel in going to and returning from the seat of government.
4. There shall be allowed to the secretary and assistant secre- tary of the senate, and to the clerk and assistant clerk of the house of representatives, each, the sum of four dollars per day.
5. To the sergeant-at-arms and assistant sergeant-at-arms of the senate, and to the doorkeeper and assistant doorkeeper of the house of representatives, each, the sum of the three dollars per day;
6. To the engrossing and enrolling clerks of the senate and of the house of representatives, each, the sum of three dollars per day.
7. To the assistant engrossing and enrolling clerks of the sen- ate and house of representatives, each, the sum of three dollars per day for the time actually employed, to be certified by the principal.
8. To the copyists of the journals of the senate and house of representatives, each, the sum of three dollars per day, at the pres- ent session of the general assembly. And the compensation hereby allowed to each of the officers and members of the general assem- bly shall be certified by the speakers of the respective houses, and entered on the journals, and published at the close of the session; Provided, that the compensation of the speaker of the senate shall be certified by the secretary thereof, and the compensation of the speaker of the house shall be certified by the clerk thereof, and en- tered on the journals, and published as aforesaid ; which said cer- tificates, when made and signed as aforesaid, shall be sufficient evi- dence to the auditor of each person's claim respectively ; who shall issue his warrant on the treasury for the amount to which such person shall be entitled as aforesaid, to be paid out of any moneys in the treasury not otherwise appropriated.
To James M. Davidson, for seven days' attendance as door- keeper of the house at the present session of the general assembly, twenty-one dollars.
To the clergymen of Springfield who have officiated as chaplains to the general assembly, the sum of one hundred and twenty-six dollars, to be divided among them as they shall agree among them- selves.
§ 2. The following sums are hereby appropriated for the sala- ries of the officers hereinafter mentioned, until the adjournment of the next regular session of the legislature, as aforesaid :
1. To the governor, at the rate of fifteen hundred dollars per annum.
2. To the auditor of public accounts, at the rate of one thousand dollars per annum, exclusive of clerk hire; and to the said auditor at the rate of eleven hundred dollars per annum for clerk hire; and he is hereby required to keep two clerks constantly employed in
APPROPRIATIONS. 29
his office until the adjournment of the next regular session, as aforesaid.
3. To the state treasurer, at the rate of eight hundred dollars per state treasurer. annum, and no more.
4. To the secretary of state, at the rate of eight hundred dollars sec'ry of state. per annum, and no more.
5. To each of the judges of the supreme court of this state, at Judges of the the rate of twelve hundred dollars per annum. supreme court.
6. To each of the judges of the circuit courts of this state, at Judges of the the rate of one thousand dollars per annum. circuit court.
7. To each of the state's attorneys in the several judicial circuits state's attor- of this state, at the rate of two hundred and fifty dollars per an-neys* num.
8. To each of the inspectors of the penitentiary, at the rate of inspects of the one dollar and fifty cents per clay; Provided, the same shall not ex-pemtentiary* ceed, to each, more than the sum of one hundred dollars per annum.
9. To Michael McNamara, the porter to the state offices, at the M- McNamara. rate of three hundred and sixty-five dollars per annum.
10. To the secretary employed in the fund commissioner's office, Secretary fund at the rate of four hundred dullars per annum, to he employed no comnui,!>10Der' longer than is necessary in the opinion of the governor. And it
shall be the duty of the auditor of public accounts to issue his war- rant on the treasurer for quarterly payments to the foregoing named officers.
To the judge of the Cook county court, erected by an act ap- Judge of Cook proved 21st February, 1845, at the rate of six hundred dollars per county court, annum.
To the prosecuting attorney of the said Cook county court, atAtt01'nev u0- the rate of one hundred and fifly dollars per annum.
Approved February 12, 1849.
AN ACT supplemental to an act making appropriations for the pay of members in force Feb. and officers of the present general assembly. !2 1849
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the doorkeeper and assist- Additional pay ant doorkeeper of the senate and house of representatives betodoorkeerers- allowed fifty cents per day in addition to the sum allowed by the bill passed at the present session of the general assembly.
Approved February 12, 1849.
AN ACT to provide for the ordinary and contingent expenses of the government, until the adjournment of the next regular session of the general assembly, j" *j??g ami for sundry accounts for mateiials and necessaries furnished for the use IZ» 1B4a-
lry of the state.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the following sums be, and the same are hereby, appropriated to meet the ordinary and contin-
30
APPROPRIATIONS.
gent expenses of the government until the adjournment of the next
regular session of the general assembly of the state ol Illinois:
Contiug'nt fund 1- The sum of eight thousand dollars, as a contingent fund to
meet the contingent expenses of the state government; and the said
fund shall be subject to the order of the governor, for the purpose
of defraying all such expenses as are unforeseen by the general
assembly, or are unprovided for by law, and a proper statement of
which shall be laid before the next general assembly by the auditor
in his biennial report.
incidental ex- 2. The sum of four thousand six hundred dollars, as a fund to
penses. meet the incidental expenses of the state government, which shall
be appropriated as follows, to wit : For auditor's To the auditor's office, for blanks, patents, books, postage, re- office, pairs, furniture, abstracts of lands, &c, the sum of twenty-three
hundred and fifty dollars. For treasurer's To the office of state treasurer, for books, furniture, postage, office. candles, &c, the sum of two hundred dollars.
For secret'ry of To the office of secretary of state, for postage, printing, commis- state's office, sions, blanks, circulars, candles, blank books, freight bills, furni- ture, &c, the sum of fifteen hundred dollars. For executive To the executive department, for postage, candles, blank books, department. furniture, &c, the sum of five hundred and fifty dollars. For clerk in ex. 3. The sum of three dollars per day for the time actually em- department. ployed, for the hire of a clerk during the present and the next regular session of the legislature, in the executive department, the amount to be certified by the governor, and his certificate shall be sufficient evidence to the auditor, who shall issue his warrant to the treasurer for the same, and the said treasurer shall pay the same out of any moneys not otherwise appropriated. To M. McNam- The sum 0f one dollar to Michael MciSamara, for fixing speaker's
chair. r~.. ,.,>„ -o „r 4. The sum of one hundred dollars, for repairs of the governor's
For repairs of ' r o
gov'nor's house house.
§ 2. That the following sums be, and the same are hereby, ap- propriated to meet the following accounts incurred by the present general assembly, viz: The sum of twenty dollars and seventy- To Hickox & {wo cents to Hickox & Brother, for articles furnished the state; the To Birchall & sum °* seven dollars and thirty cents to Birchall &Owen, for bind- Owen. ing rules, &c. ; the sum of six dollars twenty cents to J. W. Keys,
ToJ* w" Keys-for administering oaths to the present general assembly ; the sum
™ , . ,, u of ten dollars to Jackson A. Hough, for post office box and draw- To J. A. Hough. . ,.,.,. , 11 T - 1 TT l TT f 1 , • .1
To J. van Horn. ers 5 tne sum °' n'tv dollars to John Van Horn, for translating tfie new constitution of the state into the German languege, as dn'ered by the convention; the sum of eight dollars and twen y-lniu cents
To D. & I. p. to D. & I. P. Spear, for locks, screws, &c. ; the sum of eight Spear. dollars and ninety cents to Lewis, Adams & Co., for hall lamps,
To Lewis. Aci- *
ams & Co. pitchers, &c. ; the sum of three dollars to Lavely & Moul, for cne ToLaveiy& dozen brooms, pitchers, &c. ; the sum of one dollar per day to J£°t' Connor Thomas Connor and Nicholas Hogan.the two extra hands employed and N. Hogan.for carrying wood, &c, for the use of the senate and house of re- presentatives, each — to be certified to the auditor by ihe r>tcretary of state; the sum of two hundred and forty three dollars and six- ToJ. Bunn. teen cents to J. Bunn, for sperm candles and sundries furnished for the use of the state; the sum necessary to pay the expen>es of For fitting up fitting the court rooms of the three grand divisions of the supreme courtrooms. comt} furnishing furniture, &c, as provided lor by an act author-
APPROPRIATIONS.
31
ising the judges of said court to have the same done, and to audit
the accounts, passed at this session, is hereby appropriated, and
the auditor shall issue his warrant on the treasurer for the same,
upon the presentation of the certificate of the judges of the said
court, or either of them ; the sum of twenty-five dollars to John
B. Blackford, for services rendered by him as commissioner under1"0 J- R. Biack-
"an act to provide for the sale of property in White county,"
passed February 27, 1847; the sum of two hundred dollars to such For in(jexinp,
persons as have been, or may be, employed by the secretary of state &c, laws and
to index and make marginal notes to the laws and journals of the J°urnals-
present session of the general assembly : and the sum of fifty dol-
F , n i l ii. For copying
Iars to such person or persons as have been, or may be, employed jawsforpapers. by the secretary of state to copy the laws of the present session for publication in the newspapers at Springfield — warrants to be drawn by the auditor for the last two mentioned sums upon the certificate of the secretary of state ; the sum of one hundred dol- lars to the publishers of the State Regi>tert and one hundred dol- to Register, lars to the publishers of the Journal, for publishing the laws of the, , ,
. /. , . i_ i? i Journal, and
present session, to be paid alter the services shall have been ren- dered ; also the sum of one hundred dollars to the Illinois Tempe-0r£an- ranee Organ, for publishing the laws of the present general assem- bly of the state of Illinois ; and the auditor is hereby authorised to issue his warrant, or warrants, on the treasurer for the above men- tioned sums ; and the treasurer is hereby required to pay the same out of any moneys in the treasury not otherwise appropriated. Approved February 12, 1849.
AN ACT to pay the expenses of the joint select committee therein named. In force Feb.
6, 1849.
Section 1. Be it enacted by the people of the state of Illinois, repr- nied in the general assembly, That the auditor of public ac- coum:- of this state be; and he is hereby, directed to issue his war- rant^ upon the treasurer for the sum o>" twenty-one dollars andForPaJ;of Joint thirty-lour cents, in favor of, and to each of the joint select com- comnu ee* mitttv appointed by this general assembly to visit the stale peniten- tiary, and who did, in accordance with such appointment, visit said penitentiary.
§ 2, That the treasurer be, and he is hereby, directed to pay the •warrants directed to be issued by the foregoing section, from any funds now in the treasury not expre*sly appropriated.
This act to lake effect from and after its passage.
Appkoved February 6, 1849.
AN ACT to compensate Mason Rrayman for services performed for the state In force Feb. by appointment uf the general assembly. 1°> 1849.
Section 1. Be it enac ed by the people of the state of Illinois, Represented in the general assembly, That the auditor issue his war- rai. i favor of Mason Bray man for the sura of eight hundred dol- to M. BraymaB
32
APPROPRIATIONS.
lars, in full for his services, from the 3d of March to the 26th of of October, 1845, in completing and superintending the publication of the revised statutes, making index to the same, &c, under his appointment by the general assembly, by virtue of sec. 10, chap. 90 of the revised statutes. This act to take elfect from and after its passage.
Approved February 10, 1849.
In force Feb. AN ACT making an allowance to Johnson & Bradford, for binding the revised
10, 1849. statutes.
Section I. Be it enacted by the people of the state of Illinois,
represented in the general assembly, That the sum of eight hundred
_ T . . and fifty-nine dollars be, and the same is hereby, allowed to John-
To Johnson & .,*.•.-,.»«« , . -, i p,i.
Bradford. son & Bradford, in full for the amount due them on account ot the miscalculation of the officer having charge of the publication of the revised laws ; and the auditor of public accounts is hereby author- ised to issue his warrant on the treasurer, to said Johnson & Brad- ford, for the above mentioned sum.
§ 2. This act to take effect from and after its passage.
Approved February 10, 1849.
In force Jan. AN ACT mal{inS an appropriation to pay for the distribution of the journals of 26 1849. * the constitutional convention, and for other purposes.
Section 1. Be it enacted by the people of the state of Illinois,
represented in the general assembly, That the following sums be, and
they are hereby, appropriated to the persons hereinafter mentioned,
To D. E. Ruckel to wit : To D. E. Ruckel, for making post office case, seven dol-
To j. s. Brad- lars ; to John S. Bradford, for distributing the journals of the con-
ford- stitutional convention, and the address of the superintendant of
common schools, in fifty counties ot this state, being two thousand
two hundred and twenty-three miles' travel, four hundred forty-
To p. Warren, four dollars and sixty cents ; to Peter Warren, for distributing the
journals of the constitutional convention, and the address of the
superintendant of common schools, in forty counties of this state,
being nineteen hundred miles' travel, three hundred and eighty dol-
To J. s. Brad- lars ; and to John S. Bradford, for indexing the journals of the con-
ford- stitutional convention, thirty dollars.
Audit'r to issue § 2. The auditor of the state of Illinois is hereby authorised warrants. and j^ggt^ to issue his warrants on the treasurer to each of the above named persons, for the sums appropriated to them respec- tively. This act to take effect from and after its passage. Approved January 26, 1849.
APPROPRIATIONS.
33
AN ACjT to pay certain persons the balance clue them from the state.
In force Feb. 3, 1340.
Section 1. Be it enacted by the people of the state of Illinois, rep- resented in the general assvmbly, That there shall be paid to each of the persons named in the schedule hereunto annexed, the amounts respectively due to such person as is shown in the third column of'Audit'r to issue such schedule, and the auditor is hereby authorised and required to warrants, draw warrants upon the treasury for the balance due each officer, or other individual, named in said schedule, for the amount due him, as appears thereby ; Provided, that the auditor shall not draw war- rants in favor of any of said claimants, except by order of said claim- ant or his leojal representative, to be expressed in writing and tiled with the auditor.
Approved February 3, 1849.
A LIST showing the pay, the amount received, and the amount schedule, due the persons therein named, called into service by the governor, to suppress the Hancock disturbances.
Names. — Rank.
John J. Hardin, brie;, general, W. B. Warren, brig, major, - S. A. Douglas, aid, J. A. McDougall, aid,
0. M. Hatch, quartermaster, - Z. N. Garbat,~quartermaster, - M. S. Morris, quartermaster, - Jno. Neely, commissary,
W. M. Warren, commissary, - R. Worthington, surgeon, M. K. Anderson, adjutant general, First Battalion.
Peter Roberts, major, J. M. McClain, adjutant,
1. R. Bennet, quartermaster, - J. S. Price, paymaster,
L. J. Ladd, quart Ttnaster sergeant.
J. VV. Pratt, sergeant major,
J. W. Smith, captain,
S. Hardin, 1st lieutenant,
Thos. K^rlin, 2d lieutenant, -
W. Hill, 3d lieutenant,
M. W. Delahay, captain,
C. H. Haverclult, 1st lieutenant,
J. Hickev, 21 lieutenant,
E. M. Mai lory, captain,
S. Powell, 1st lieutenant,
R. Stoker, 2d lieutenant,
R. W. Price, 3d lieutenant,
B. B McCormack, captain, -
G. W. Evans, 1st lieutenant,
J. S. Wright, 2d lieutenant, -
M. Turnei. captain, -
S. M. Burch, 1st lieutenant, -
W. J. Wyatt, 2d lieutenant, -
(<0
Days. 24 24 24 24 24 21 24 24 24 24 19
21 15
15 23 21 15 19 19 19 10 15 15 15 19 19 19 19 19 19 19 19 19 19
51*7 44 122 60 81 60 81 60 81 60 73 44 73 44 73 44 73 44 92 20 103 70
66 15 30 42 30 42 53 42 20 37 17 55 43 42 33 34 33 34 33 34 41 78 33 53 3 5 53 53 49 43 04 43 04 43 04 58 51 45 96 45 96 58 51 45 96 45 96
|
T3 |
|
|
o> |
|
|
> |
|
|
<U |
|
|
O |
|
|
<J |
|
|
jj |
|
|
C |
|
|
o |
|
|
s |
|
|
< |
|
|
$120 69 |
|
|
39 41 |
|
|
39 41 |
|
|
39 41 |
|
|
39 |
41 |
|
39 41 |
|
|
39 |
41 |
|
39 41 |
|
|
39 41 |
|
|
39 41 |
|
|
32 |
30 |
|
41 |
58 |
|
12 |
15 |
|
12 |
15 |
|
31 |
42 |
|
15 |
75 |
|
14 |
25 |
|
29 |
93 |
|
20 |
43 |
|
20 |
43 |
|
20 |
43 |
|
22 |
13 |
|
14 |
63 |
|
14 |
63 |
|
26 |
60 |
|
17 |
10 |
|
17 |
10 |
|
31 |
42 |
|
30 00 |
|
|
19 50 |
|
|
19 |
50 |
|
30 |
00 |
|
19 50 |
|
|
19 50 |
$66 75 83 19 42 19 42 19 42 i9 34 03 34 03 34 03 34 03 52 79 71 40
24 57 18 27
18 27 22 00
4 62 3 30 13 49 12 81 12 81 12 81
19 65 18 90 18 90 26 89
25 94
25 94 11 62 28 51
26 46 26 46 28 51 26 46 26 46
34
Schedule.
APPROPRIATIONS.
LIS!— Continued.
|
T3 |
||||
|
V > |
||||
|
'> |
'3 |
OJ |
||
|
Names. — Rank. |
01 |
>> |
3 |
|
|
U~ |
C3 |
|||
|
O |
P. |
B |
C |
|
|
s |
"3 o |
3 O c |
a O S |
|
|
H |
H |
< |
< |
|
|
Second Battalion. |
Days. |
|||
|
H. N V. Holmes, major, |
17 |
$53 45 |
$33 66 |
$19 89 |
|
M. Hay. adjutant, - |
17 |
39 78 |
12 75 |
27 03 |
|
Jno. Porter, quartermaster, |
17 |
39 78 |
12 75 |
27 03 |
|
J. D. Brents, captain, |
17 |
43 52 |
21 2i |
22 27 |
|
W. Kinman, 1st lieutenant, |
17 |
34 17 |
12 75 |
21 42 |
|
R. Lucas, '2d lieutenant, |
17 |
34 17 |
12 75 |
21 42 |
|
J. B. Donalson, captain, |
17 |
43 52 |
21 25 |
22 27 |
|
W. R. Wills, 1st lieutenant, - |
17 |
34 17 |
12 75 |
21 42 |
|
Aury Brown, 2d lieutenant, - |
17 |
34 17 |
12 75 |
21 42 |
|
J. D. Morgan, captain, |
17 |
29 08 |
18 85 |
10 23 |
|
B. M. Prentiss, 1st lieutenant, |
17 |
20 95 |
12 35 |
8 60 |
|
W. Y. Henry, 2d lieutenant, - |
17 |
20 95 |
12 35 |
8 60 |
|
Chs. Everett, 3d lieutenant, - |
17 |
20 95 |
12 35 |
8 60 |
|
W. Vanpeit, captain, |
17 |
36 72 |
24 65 |
12 07 |
|
A M. Powell, 1st lieutenant, |
17 |
27 37 |
16 15 |
11 22 |
|
J. Metz, 2d lieutenant, |
17 |
27 37 |
16 15 |
11 22 |
|
W. B. vVarren, major. |
250 |
1175 23 |
601 22 |
573 75 |
|
W. M. Warren, commissary, - |
220 |
613 51 |
431 82 |
181 69 |
|
J. D. Morgan, captain, |
240 |
674 40 |
523 20 |
151 20 |
|
W. Y. Henry, 1st lieutenant, - |
240 |
530 30 |
287 90 |
242 40 |
|
Chs. Everett, 2d lieutenant, - |
210 |
461 52 |
244 42 |
217 10 |
|
M. Turner, captain, - |
90 |
165 53 |
108 83 |
56 70 |
|
W. J. Wyatt, 1st lieutenant, - |
90 |
113 57 |
40 67 |
72 90 |
|
L. W. Sweet, 2d lieutenant, - |
90 |
78 32 |
78 32 |
|
|
P. Boulware, 3d lieutenant, - |
90 |
191 15 |
100 25 |
90 90 |
|
J. Hathaway, error in account, |
69 51 |
|||
|
L. J Ladd, teamster, omitted, |
42 00 |
|||
|
Darius Elmore, teamster, omitted, |
42 00 |
|||
|
J. S. Pratt, ferriage, Meredosia, |
27 37 |
|||
|
Samuel P. Metz, a private in Captain |
||||
|
Brent's company, omitted on list, - |
17 00 |
|||
|
W. S. Spencer, forage furnished troops, |
13 32 |
|||
|
G.B. Thompson, ferriage, Beardstown, |
70 45 |
|||
|
Joseph Welsh, for lost horse, |
40 00 |
|||
|
Isaac Willson, boarding troops, |
211 00 |
In force Jan. AN ACT to pay Harman G. Reynolds for services rendered during the last session 31 1849. °^ '^e general assembly.
Section 1. Be it enacted by the people of the. state of Illinois, represented in the general assembly, That the auditor of public ac- Auditor to is-counts j^ authorised and required to issue a warrant to Harman G. I&XJ?Eeynold8. Reynolds, for such sum as may be found due herein, upon the cer- tificate of the secretary of state, at the rate of two dollars per day, for services rendered by said Reynolds as assistant in the office of secretary of state, during the last session of the general assembly. Approved January 31, 1849.
APPROPRIATIONS.
35
AN ACT to amend an ect entitled "an act to amend an act making appropriations In force for the pay and expenses of the Illinois militia called into service by the comman- Feb. 12, 1849. der in-chief, during the year 1844, in force February 26th, 1845," approved Feb- ruary 13th, 1847.
Section 1. Beit enacted by the people of the state of Illinois, represented in the general assembly, That Thomas S. Brockman be, T. s. Brockmaa and he is hereby, substituted in lieu of John P. Nye, and he is here-aPpointedasn,t- by authorised and empowered to draw from the treasury the sum of two hundred and seventy-eight dollars, appropriated by the act to which this is an amendment, and when drawn, to apply the same as directed in said act.
§ 2. The auditor is required to pay said money to the said Brock- Auditor to pay. man in lieu of said Nye, but before paying the same, the said Brock- man shall be required to execute a bond upon the same terms as was required of the said Nye by the second section of the act to which this is an amendment.
§ 3. The said Brockman shall be subject to the same liabilities, Duties, and shall perform the same duties, as are required of and imposed upon said Nye by the third and fourth sections of the act to which this is an amendment.
§ 4. So much of the act to which this is an amendment as au- part f . thorises the payment of said money to said N)e is hereby repealed, repealed.
Approved February 12, 1849.
AN ACT to appropriate money to J. R. Parker and others. In force
Jan. 26, 1849.
Section 1. BJ it enacted by the people of the state of Illinois, represented in the general assembly, That Ihe auditor of public ac- Auditor to is- counts be, and he is hereby, empowered and required to issue his sue warran s< warrant on the treasury of the state for the sum of twohundred and ninety-four dollars and eighty-one cents, in sums and to persons as follows :
To James R. Parker, the sum of eighty-two dollars and eighty- to 3. R. Parker seven cents; to J. C.Johnson, the sum of thirty-five dollars and and others, fifty cents ; to John Tharp, the sum of twenty-seven dollars ; to Abel H. White, the sum of fourteen dollars ; to George Thorn, the sum of fifteen dollars and twenty-five cents ; to Benjamin Perry, the sum of twenty-one dollars and ninety-four cents ; to Phillip Green, jr., the sum of fifteen dollars and seventy-five cents ; to Joseph Long, twenty-seven dollars and fifty cents ; to Hanson P. Fellows, the sum of eleven dollars and twenty-five cents ; to Isaac Fox, the sum of twenty-seven dollars and fifty cents, and to H. Ostrander, the sum of fifteen dollars and seventy-five cents ; which shall be pay- ment in full for services rendered the state under the order of the governor, dated August 21st, 1846.
§ 2. This shall take effect and be in force from and after its pas- sage.
Approved January 26, 1849.
APPROPRIATIONS.
36
In force AN ACT to compensate Porter Sergant for powder furnished in the Hancock war, Feb. 12, 1S49.
Section 1. Be it enacted by the people of the state of Illinois, rep- resented in the general assembly, That the auditor of public accounts ^u"ta° Peter S"'bei and he is hereby> authorised tc draw his warrant upon the treas- s'ergant.6 " urer in favor of Porter Sergant, for the sum of one hundred and sev- enty-five dollars, being his pay in full for thirty five kegs of powder furnished by him for the state. Toreceipt. § 2. Upon receiving said auditor's warrant, said Porter Sergant
is required to give his receipt in lull for said powder. Approved February 12, 1849.
In force Janu- AN ACT to refund certain money to John Pierson.
ary 22, 1849.
Section 1. Be it enacted by the people of the stale of Illinois, represented in the general assembly, That the sum of one hundred dollars, with six per cent, interest per annum from the time of pay- Money refundment of said fine by said Pierson, to the day of drawing said war- ed to J Pierson. rant, be refunded to John Pierson, paid by him in consequence of a fine imposed upon said John Pierson by the supreme court of the state of Illinois; and that the auditor draw his warrant on the treas- urer in favor of said Pierson, for the sum of one hundred dollars, paid by him, with interest as aforesaid ; Provided, that this act shall not be considered as reflecting upon the court which assessed the fine proposed by this act to be refunded. Approved January 22, 1849.
In force Janua- AN ACT to adjust the lease and claims of S. M. Tinsley & Co., on the Northern nn .o.n Cross Railroad,
ry 29, 1849.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the auditor of public ac- ^0nts,0M"" counts be, and he is hereby, authorised and required to issue his Tinsley & Co. warrant on the treasurer in favor af S. M. Tinsley & Co., for the sum of three thousand dollars, with interest thereon at the rate of six per cent, per annum, from the first day of January, 1845; in full for all chums said company may have against the state of Illinois on account of the Northern Cross Pvailroad ; Provided, said company Receipt to be shall firgt file wilh the aU(j;tor a reCeipt in full of all claims, with six per cent, interest per annum thereon from the first day of Janu- ary, 1845, which Watson ond Morse (the original lessees of said road) may have against said company. Approved January 29, 1849.
AUDITOR. 37
AN ACT to refund to Morgan county the sum therein mentioned. In force Feb.
9, 1349.
Section 1 . Be it enacted by the people of the state of Illinois, represented in the general assembly, That the sura of live hundred and seventy-seven dollars and titty cents, received through mistake by the auditor of public accounts, on the 25th day of March, a. d. 1847, upon the recognizances of George Crisman and others, be Money to be re- paid to the treasurer of Morgan county, pursuant to the provisions of the act approved February 2Sth, 1847, entitled "an act to provide for forfeited recognizances," and the auditor is hereby directed to issue warrants payable to the treasurer of Morgan county for said amount.
Approved February 9, 1849.
funded to Mor- gan county.
AN ACT to pay Babbitt, Hayvnol and Fulmer f)r printing delinquent tax lists for In force Feb. Hancock county, a. d. 1845. 9, 1849.
Section 1. Be it enacted by the people of the state of Illinois, represented in the gineral assembly, That the auditor of public ac- counts be, and he is lierebv, directed to issue his warrant upon the.™ . .
* Wjirruni to is~
treasurer in favor of Almond W. Babbit, Joseph L. Haywood, and sue to Babbitt,
John S. Fulmer, for the sum of two hundred and twenty dollars &c- and twenty cents, in full of the amount due them for printing the delinquent tax list for Hancock county, for the year 1845.
This act to take effect from and after its passage.
Approved February 9, 1849.
AN ACT to pay Samuel A. Euckmaster the sum due him as agent of the fund com- In force Feb.
missioner. 12, 1849.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the auditor draw his twar- Warrant to is rant upon the treasury in favor of Samuel A. Buckmaster, for the sum of two hundred and sixty-one dollars, for his services and ex- penses while acting as agent to the fund commissioner.
Approved February 12, i849.
sue to S. A. Buckmaster,
AN ACT requiring the auditor to furnish the several counties with tax sale records. In f°rce Feb- ruary 12, '49.
Section 1. Be i! enacted by the people of the state of Illinois, represented in the general assembly, That the auditor of 'public ac- counts be, and he is hereby, required to furnish each county in this ^ish^ooks"" state with a suitable book, containing a correct transcript of all the lands sold for taxes at the seat of government, and lying in said
BANKS.
county. Said transcript shall show all the facts in regard to said sales, redemptions, &c, that appear on the records in his office.
§ 2. The auditor is hereby authorised to employ a suitable person to do the work necessary to be done in making (he transcripts afore- said, who shall receive a salary at the rate of four hundred dollars per annum, to be paid out of the state treasury on the warrant of the auditor. The said book of transcripts of said sales and redemp- tions as aforesaid, is hereby declared a book of record, to be kept in the clerk's office of the proper counly, and the original or copies thereof, c.erlilied by said clerk, shall be evidence to prove the facts, sales, redemptions, &c, shown by the entries in said book. This act shall be limited in its effects to the period of eight months.
§ 3. This act to take effect and be in force from and after its pas- sage.
Approved February 12, 1849.
In force April AN ACT authorising the trustees of the State Bank of Illinois to maintain suits 13, 1849. at law.
Section 1. Be it enacted by the people of the state of Illinois, Trustees au- represented in the general assemtly, That the trustees appointed by the governor of the slate of Illinois, in pursuance of the second sec- tion of the act approved first of March, 1847, entitled "an act for finally closing the affairs of the State Bank of Illinois," and the sur- vivor or survivors of them and their successors in said trust, may, in their own names as such trustee-, commence; prosecute and main- tain all suits, either at law or in equity, which may be necessary to collect all or any debt or debts, claims, dues or demands due to the president, directors and company of said bank, during (he existence of its charter, or which may have become due or may hereafter become due to them as such trustees ; and also, all actions of every kind which said president, directors and company of the State Bank of Illinois might have instituted or prosecuted if their charter had continued to exist.
§ 2. All suits and actions, either at law or in equity, which were depending in any of the courts of this state at the time the charter of said bank expired by the act aforesaid, in which said president, directors and company of the State Bank of Illinois were parties, either as plaintiffs or defendants, may be revived by or against said trustees, and in their names may be prosecuted to final trial.
Approved February 10, 1849.
thorised to maintain suits.
In force Feb. AN ACT for t;ie relief of the assignees of the Bank of Illinois, and to extend 10, 1849. jne tlme for tne liquidation of the affairs of said bank.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the time for the liquida- tion of the affairs of said bank, pursuant to the provisions of "an act
BLIND. 39
supplemental to 'an act to reduce the public debt one million of dol- ■ "" , i ,-. , Tii- • • i- • i l- ■>■>■>■ r t? i Act of liquida-
tors and to put the Bank ot Illinois into liquidation, in lorce beb. tion extended.
28, 1845, be, and the same is hereby, extended to the first day of
January, a. d. 1851.
§ 2. That on all debts, dues and causes of action that have hitherto accrued to the president, directors and company of said bank, the Assignees have assignees of said bank, or their successors in office, shall have pow- power to sue, er and authority to sue for and recover the same in their own names, &c. in manner and form following, that is to say: Albert G. Caldwell, and Ebenezer Z. Ryan, and their successors in office, shall have such power and authority touching such debts, dues and causes of aciion as have accrued to, or been contracted with said bank at Shawneetown or Lawrenceville: and Samuel Dunlap and David A. Smith, as successor of John J. Hardin, deceased, and their succes- sors in office, shall have such power and authority touching such debts, dues and causes of action as have accrued to, or been con- tracted with, said bank at Alton, Jacksonville or Pekin. And that all of said assignees, and their successors in office, shall have pow- er jointly to sue in their own proper names, in ejectment or in chan- cery, for the recovery of, or establishment of, title to any real estate that may pertain to the execution of their trusts in the premises.
§ 3. That all actions at law or suits in chancery that have hither- to been instituted in any of the courts of this state, by the said pres- mf)?X»aimA. ident, directors and company of said bank, or in their names, or in the names of said assignees as aforesaid, to the use of their assig- nees as aforesaid, shall be maintainable in the names of said assig- nees, or their successors in office, with reference to their relation and respective rights as defined in section two of this act 5 Provided, nevertheless, that persons now indebted to the said Bank of Illinois, or to the assignees thereof, shall be allowed and permitted to pay all such indebtedness with the certificates of the said bank.
§ 4. That this act be considered and treated as a public act, and that it be in force from and after its passage.
Approved February 10, 1849.
AN ACT to establish the Illinois institution fur the education of the blind. . .g49
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That Samuel D. Lock wood, Trustees. Dennis Rockwell, James Dunlap, VVilliam W. Happy, and Samuel Hunt are hereby constituted a body politic and corporate, by the name of the "Illinois Institution for the education of the Blind," and by that name they and their successors shall have per- petual succession and existence, with power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to make and use a common seal and alter the same at pleasure, to take or receive, by grant deed, devise, bequest or otherwise, property, real, personal, and mixed, and have, hold, use, enjoy and convey the same; to adopt by-laws not inconsistent with the constitution and laws of the land, and to do all other acts necessary to the proper exercise of the powers, herein conferred.
40
BLIND.
School to be continued.
Location.
Duties of trus- tees.
Persons to be admitted.
Limitation.
Liabilities of trustees.
Officer? of cor poration.
Term of trus tees.
How appointed.
Officers of school.
Privileges of scholars.
§ 2. The object and duty of the corporation shall be to continue and maintain the school for the education of the blind established in Jacksonville; and to qualify, as far as practicable, that unfortunate class of persons for the enjoymenf of the blessings of free govern- ment, obtaining the means of subsistence, and the discharge of those duties, social and political, devolving upon American citizens.
§ 3. The school shall be continued in or near Jacksonville, and the corporation shall, as early as practicable, purchase a suitable lot of ground, containing not less than ten nor more than forty acres, and proceed to erect thereon suitable buildings, and make such improve- ments as are necessary for the school.
§ 4. The persons named in the first section of this act, and their successors, shall be the trustees of the school, to whom power is given to employ the principal and all teachers, prescribe their du- ties, fix their compensation, and the price of instruction; prescribe the course of study, fix the price of board, and all other expenses in the school; employ a steward, and all other persons necessary to the maintenance and to carry on the operations of the school.
§ 5. All blind persons residing in Illinois, of suitable age and ca- pacity to receive instruction, shall be received and taught in the said school, and no one of such persons shall be excluded from the priv- ilege and benefits thereof by reasons of the reception of persons from other states or territories.
§ (i. The said corporation shall not take or hold property of any kind or description, or by any tenure, except such as may be for the use of the school and other purposes contemplated in this act.
§ 7. The trustees for the time being shall be severally liable for the faithful application of all property, funds and effects which may be received for the use of the institution ; and property, funds and effects received by gift, grant, donation, devise, or bequest shall be applied as directed by the person from whom received.
§ 8. The officers of the corporation shall be a president, secreta- ry and treasurer, who shall be appointed by the board of trustees ; the president to be selected from their own number; the trustees to serve without compensation.
§ 9. The trustees mentioned in the first section of this act shall ■serve as follows, to wit : three shall serve for the term of four years, and two for the term of two years, and until their successors are ap- pointed and qualified. The trustees shall meet within thirty days after the passage of this act, and organise, and determine by lot the three that shall serve four years, and the two that shall serve two years. The governor shall appoint their successors, whose appoint- ments shall commence on the fourth of March, and continue for four years, and until their successors are appointed and qualified.
§ 10. The officers of the school shall be a principal, who shall have the general charge of the school, and such teachers as may from time to time be appointed. The academic and literary degrees usu- ally conferred by institutions for the education of the blind, shall be conferred by this institution, and ciplomas granted accordingly.
§ 11. Blind persons who may be placed in this school by or un- der the authority of the state, or any county, city, town or other public corporation, shall be kept, taught, and permitted to enjoy all the benefits and privileges of the school, be furnished with books, boarding, 'lodging, washing, fuel, lights, and allowed the use of the librar), at not exceeding one hundred dollars for the academic year
BRIGADE MAJORS. 4]
of forty-two weeks. The provisions of this section to apply only to scholars sent from other states.
§ 12. To aid in the establishment of the school, there shall be paid to the said trustees, for the use of the institution, the proceeds Tax)evie(1> of a tax of one-tenth of a mill upon every dollar's worth of taxable property in this state; which tax shall be assessed and collected on- uually with the taxes assessed and collected for the ordinary pur- poses of government.
§ 13. The treasurer of state shall receive the tax collected for the How kept and institution, and keep the same as a separate fund, to be known as the (hsbursed' fund for the blind, and pay out the same, from time to time, in such amounts as may be necessary, in the judgment of the board of trus- tees, in conducting the business of the institution. The treasurer shall pay out the money on the warrants of the auditor, issued on the or- der of the governor, who is authorised to make the order on the ap- plication of the board of trustees.
8 14. For the purpose of enabling- the trustees to commence the . „. .. „ i ., ,. . r . " . -ii • • Appropriation,
building of said institution, there is hereby appropriated, out ol any
money in the treasury not otherwise appropriated, the sum of three
thousand dollars; which shall be paid to the trustees on the warrant
of the auditor of public accounts, who is authorised to issue the
warrant on the order of the governor, who shall give the order upon
the application of the trustees.
§ 15. The trustees, before entering upon the duties of their of- fice, shall give bonds, payable to the people of the state ol Illinois, Bonds required, conditioned for the faithful discharge of their duties, to be approved by the governor.
§ 16. The blind of this state, who are of suitable age and capacity, Tuition of state shall be received and taught in the school, and enjoy all the bene- PuPlls free- fits and privileges of the same, free of charge. This act to take ef- fect from and after its passage.
Approved January 13, 1849.
AN ACT regulating the pay of brigade majors. In force Feb.
12, 1849.
Section 1. Be it enacted by the people of the state ot Illinois,
represented in the general assembly, That all laws authorising or re-T , ,
*. . . vpii- • i ■ ° i Law repealed,
quiring the auditor or public accounts to issue Ins warrant on the
treasurer, in favor of brigade majors, for services rendered under the militia laws of this state, be, and the same are hereby, repealed; Provided, that he shall pay for the services heretofore rendered un- der said laws and remaining unpaid, when the brigade major claim- ing the same shall present to the said auditor an affidavit, in wri- ting, setting forth the number of battalions that he has actually in- spected, and that he performed the duties required of him by law, to- gether with the certificate of the major general as now required by law.
§ 2. This act to take effect from and after its passage.
Approved February 12, 1849.
42
BOARDS OF TRADE.
In force April 13, 1849.
Corporation, how formed.
Powers.
May hold real estate.
Term of officers
Puties of of- ficers.
Officers, how elected.
Awards, how wade.
AN ACT for the incorporation of boards of trade and chambers of commerce.
Section I. Be it enacted by the people of the state of Illinois, represented in the general assembly, That any number of persons, not less than twenty, residing in any town or city, may associate themselves together as a board of trade, and assemble at any time and place upon which a majority of the members so associating themselves together may agree, and elect a president, one or more vice presidents, as they see fit, a secretary and treasurer, and ten or more directors, as they shall see fit, adopt a name, constitution and by-laws, such as they may agree upon, and shall thereupon be- come a body corporate and politic, in fact and in name, by the name, style or title which they may have adopted, and by that name shall have succession , shall be capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be de- fended, in all courts of law and equity whatever, and they and their successors shall have a common seal, and may alter and change the same at their discretion.
§ 2. Said corporation shall have the right to admit as members, such persons as they may see fit, and expel any members as they may see fit; and in ill cases a majority of the members present at any stated meetings shall have the right to pass, and also the right to repeal, any by-laws of said corporation; and in all cases the constitution and by-laws adopted by such corporation shall be bind- ing upon and control the same until altered, changed or abrogated, in the manner that may be prescribed in such constitution.
§ 3. Said corporation, by the name and style which shall be adopted, shall be capable in law of purchasing, holding and convey- ing any estate, real or personal, for the use of said corporation; Pro- vided, such real estate shall not exceed in quantity one city, town, or village lot, and building, in the city, town or village where said corporation may be located.
§ 4. The officers shall hold their offices for the time which shall be prescribed in the constitution adopted by such corporation, and until others shall be elected and qualified, or prescribed by such constitution.
§ 5. The president, vice president, secretary, and treasurer, shall be ex officio members of the board of directors, and, together with the directors elected, shall manage the business of said cor- poration.
§ 6. All officers shall be elected by a plurality of votes given at any election, and a general election of officers shall be held at least once in each year; but in case of any accidental failure or ne- glect to hold such general election, the corporation shall not thereby lapse or terminate, but shall continue and exist, and the old officers shall hold over until the next general election of officers provided for in the constitution.
§ 7. The award of any general committee of reference appoint- ed by said corporation, upon any matter of difference submitted to such committee for arbitration in writing, with or without seal, by any member of said corporation, or by any other person whomsoev- er, shall have the same force and effect as if the same had been sub- mitted to the arbitration of the members of said committee of ref- ference by their individual names, by deed of submission; and such award may be filed and made a rule of court, and judgment enter-
BONDS. 43
ed thereon, and execution issued, in the same manner and under the same rules and regulations that other awards may be entered un- der and by virtue of the provisions of the 7th chapter of the revised statutes, entitled "arbitrations and awards." Writs of error may be had and appeals taken from the decision of the court, in the same manner as is prescribed in said chapter.
§ 8. No submission or arbitration bond shall be required to be No bond re- filed with such awards, but four days' notice of the filing of such qmre * award shall be given to the opposite party of the party filing the award. Said committee of reference, when silting as arbitrators as aforesaid, shall have the right to issue subpoenas and compel the attendance of witnesses by attachment, the same as justices of the peace.
§ 9. Said corporations may inflict fines upon any of its mem- M*y inflict bers, and collect the same, for breach of the provisions of the con- stitution or by-laws ; but no fine shall in any case exceed the sum of five dollars. Such fines may be collected by action of debt, brought in the name of the corporation, before any justice of the peace, against the person upon whom the fine shall have been im- posed.
6 10. Said corporation shall have no power or authority to do Limitation of i • i- i r i • *i powers.
or carry on any business, excepting such as is usual in the man- agement and conduct of boards of trade or chambers of commerce, and as provided for in the foregoing sections of this bill.
Approved February 8, 18^9.
AN ACT to prevent loss to the state upon the McAllister & Stebbins bonds. jj? io'ls49
Whereas, McAllister & Stebbins, of New York, did, on the Preamble. 17th June, 1841, receive of John D. Whiteside, fund commissioner of Illinois, eight hundred and four interest bonds, of one thousand dollars each, bearing interest at the rate of six per cent, per an- num, and dated May 1st, 1841, reimbursable at any time after the year 1865, upon which the said McAllister & Stebbins, about the 25lh June, 1841, advanced two hundred and sixty-one thousand four hundred and sixty dollars and eighty-three cents ; and where- as, the said John D. Whiteside, near the said 25th June, delivered to the said McAllister & Stebbins thirty internal improvement bonds, of one thousand dollars each, upon which they agreed to make a further advance to the state, in case it was necessary, to pay the July interest for the year 1841 — but such advance never was made, as it was not required to pay said interest. About the first of July, 1841, the said John D. Whiteside gave to the said McAllister & Stebbins an order on Nevins, Townsend & Co., of New Vork, for forty-one bonds, of one thousand dollars each ; about the 27th day of October, 1841, the said McAllister & Steb- bins received of Michael Kennedy thirty-eight thousand two hun- dred and fifteen dollars and forty-four cents of state scrip, which was placed to the credit of the state, a3 well as the thirty bonds which they received from the said John D. Whiteside, and also the forty one bonds received from Nevins, Townsend &Co. — the three last mentioned sums, one hundred and nine thousand two hundred
44
BONDS.
and fifteen dollars and forty-four cents over and above the eight hundred and four interest bonds first received by them — making in all, the sum of nine hundred and thirteen thousand two hundred and fifteen dollars forty-four cents, which the said McAllister & Stebbins acknowledged in their account current rendered the state at the session of the general assembly of 1842, (see report, page 197,) was held as security l'or the two hundred and sixty-one thou- sand five hundred and sixty dollars eighty-three cents, actually ad- vanced as aforesaid, that sum being but twenty-eight and sixty- four-hundredths of a cent upon the dollar, so as aloresaid received by them; therefore,
Bonds to be sur- Section 1. Be it enacted by the people of the state of Illinois, rendered. represented in the general assembly, That upon the surrender to the stale by the said McAllister Si Stebbins, or by any persons au- thorised by them, of the eight hundred and four interest bonds of one thousand dollars each, with their coupons, hypothecated with them, on 17th June, 1841, and now outstanding against the state, and also other internal improvement bonds and scrip subsequently obtained, and amounting at the time they obtained them to the sum of one hundred and nine thousand two hundred and fifteen dollars forty-four cents over and above the eight hundred and four interest bonds first received by them as aforesaid, with the coupons on said bonds, and interest on said scrip from its date to the time of settlement under this act, it shall be the duty of the governor to issue bonds of not less than one thousand dollars each, and paya- ble after the year 1865, bearing interest at the rate of six per cent, per annum, and payable semi-annually in the city of New York, pro rata out of the interest fund, and the balance of the interest to be paid out of the state treasury. The amount of bonds to be issued bjr the governor as aforesaid to be equal to the balance remaining due the said McAllister & Stebbins, principal and interest, at the rate of seven per cent, per annum, (as per contrract,) upon the advance of two hundred and sixty-one thousand five hundred and sixty dollars eighty three cents, from the date of said advance up to the time of settlement under the provisions of this act. And should the said McAllister & Stebbins not surrender to the governor all of the eight hundred and four bonds, the amount they shall fail to surrender, and being the same heretofore taken up by the state, shall be credited to the state and deducted from the amount found due from the time they shall have been taken up by the state, at
Proviso. the rate of twenty-six cents on the dollar; Provided, that no bonds
shall be issued by the governor as aforesaid, except upon a surren- der to the state of the bonds of 1865, or of the interest improve- ment bonds, or of the scrip as aforesaid, to an amount which the whole amount of bonds and scrip now outstanding bear to the whole amount of new bonds which may be issued upon the settlement of the account of McAllister & Stebbins — it being the intention of this bill to authorise the governor to issue liquidation bonds at any time when an amount not less than twenty thousand dollars of the aforesaid bonds, deposited with McAllister & Stebbins, shall be surrendered by them or by their order.
Govemortoob- § 2. It shall be the duty of the governor to obtain from McAl-
tam statement. ]ister & Stebbins a statement, verified under oath, of the amounts due the holders of the aforesaid securities other than themselves,
BONDS. 45
and to give notice through one paper published in Illinois and two in the city of New York, that he is prepared to pay the same, in compliance with the provisions of this act, and in conformity with the accounts rendered by McAllister & Stebbins, and notifying said holders to appear, within six months, to accept the same or dis- prove the account su rendered by said McAllister & Stebbins ; and they failing to do so, the balance which may remain, after return- ing an amount of liquidation bonds sufficient to meet the then out- standing liabilities against the state, shall be paid to the said Mc- Allister & Stebbins, to receive the same by furnishing an amount of other liabilities of the state equal to that outstanding as aforesaid.
§ 3. The bonds authorised to be issued by this act shall bear Bonds, how is- upon their face the words "liquidation bonds," and to be signed by sued, the governor and countersigned by the state treasurer, and have the great seal of the state affixed thereto; and there shall be de- posited in the offices of the secretary of state, and state treasurer, a description of the amount?, dates, and time of issuing said bonds; and the bonds and scrip so taken up under this act shall be can- celled by the governor, and a list of their dates, numbers, and amounts, and by whom registered, recorded in the office of the sec- retary of the state.
8 4. So much of the acts heretofore passed in 1S42 and 1S46, Acts repealed, and to which this is a supplement, as is inconsistent with this act, be. and the same are hereby, repealed, and no liability to pay the aforesaid bonds is acknowledged further than as limited and ex- pressed in this act and the acts to which this is a supplement.
This act shall be in force from and after its passage.
Approved February 10, 184P.
AN ACT fixing the character of certain bonds. In force
April 13, 1849.
WnEREAs, there was a loan of money made by the internal im- Preamble, provement fund to the canal fund, which loan was paid to the inter- nal improvement fund in canal bonds ; and whereas, the said canal bonds were afterwards issued by authority of law to provide for the completion of that part of the Northern Cross railroad running from Springfield to Jacksonville, with an endorsement on each of said bonds that all the profits arising from said road were, and should be, set apart and appropriated to pay the interest upon the said one hundred bonds so issued as aforesaid, thereby identifying the said canal bonds with the internal improvement fund, insomuch that doubt has arisen as to whether the said bonds should be charge- able to the canal fund or to the internal improvement fund; and whereas, the agents of the canal fund will not recognise the said bonds as chargeable against that fund ; therefore,
Section 1. Be it enacted by the people, of the state of Illinois, Bonds charge- represen'ed in the general ass mb y, That the holders of the said able to canal above described bonds shall be entitled to have the same chargeable fund" and charged upon the canal fund, and that said fund shall be ap- plied to the payment of the principal and interest of said bonds, as if the same had never been paid over to said internal improvement fund.
Approved February 10, 1849.
46 CANAL.
In force AN ACT authorising collectors of tolls and canal inspectors to administer oaths. Feb. 8, 1849.
Officers author- Section 1. Be it enacted by the people of the state of Illinois, liter oaths!1"" represented in the general assembly, That collectors of lolls, deputy- collectors, or collectors' clerks and canal inspectors, appointed by the trustees of the Illinois and Michigan canal, under the laws of this state, be, and they and each of them are hereby, authorised and empowered to administer oaths and affirmations to owners and masters of canal boats. Oaths to have § 2. The oaths so administered by the canal collectors, deputy full force. collectors, or collectors' clerks and inspectors, shall have the same force and effect as though administered by any officer now empow- ered by law to administer oaths. Perjury to be g ^, Any owner or master of any canal boat as aforesaid, swear- ing falsely, shall be punished as now required by law for perjury. Certificate to be § 4. The official certificate of the secretary of the board of trus- evidence. |ees 0f j.]ie minojs ancj Michigan canal, under the seal of said board, to any matter or fact on record in his office, shall be received as prima facie evidence of such matter or fact in any court in this state. Copy of rules, § 5. Any copy of any rules and regulations of the board of trus- &c, evidence. tees 0f ^ niinois an(j Michigan canal, certified as aforesaid, shall be received in any court of this state as prima facie evidence that said rules and regulations have been adopted by said board. § 6*. This act to be in force from and after its passage. Approved February 8, 1849.
In force AN ACT to authorise the use of certain ground bordering on the Illinois and
Feb. 12, 1849. Michigan canal, in Joliet, in the county of Will.
street vacated. Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That so much of Joliet street, in the town of Joliet, (original town) as lies between lots two (2) and three, (3) in block two, (2) in said town of Joliet, and the east bank of Illinois and Michigan canal, be, and the same is here- by, vacated.
slip authorised. § 2. Ethan Wetherbee and George Woodruff, of said county, owners of said lot number three, (3) their heirs and assigns, are hereby authorised and empowered to construct a slip or canal, at or opposite said lot three, from the Illinois and Michigan [canal]
Proviso. to or into the said lot ; Provided, that they shall erect sufficient
banks and other structures, fully to protect said Illinois and Mich- igan canal in all respects, and shall not in any manner affect the navigation of said canal, or the use of its banks or appurtenances. This act to be in full force from and after its passage. Approved February 12, 1849.
COUNTIES.
47
AN ACT to provide for the relocation of the county seat of Tazewell, anil the -, . _ °1849 erection of public buildings.
Section 1. Be it enacted by the people of the state of Illinois, Election to be represented in the general assembly, That an election shall be held neW. in the several precincts of the county of Tazewell on the first Saturday of April, one thousand eight hundred and forty-nine; at which election the legal voters of said county shall vote 1'or and against the removal of the seat of justice from the town of Tre- mont to the town of Pekin ; and if it shall be found that the legal voters of said county have voted in favor of said removal, that the seat of justice is hereby declared to be located at the town of Pe- kin. That said election shall be held in pursuance of the general election laws regulating the election of representatives and sena- tors of the general assembly of the state of Illinois, at the different precincts of said county, and one column of the poll books shall be opened for the removal of said county seat from the town of Treinont to the town of Pekin, and another column against it; and the persons then entitled to vote for senators and representatives shall be entitled to vote for and against said removal. The judges and clerks of said election shall possess the same qualifications as the judges and clerks for the election of senators and representa- tives, and shall possess the same powers and be appointed in the same manner. Said poll books shall be certified and returned in the same form and time, and compared in the same manner as in case of the election of senators and representatives of the general assembly of the state of Illinois ; Provided, unless the county com- Proviso, missioners' court otherwise appoint judges of said election, that the judges of election who served as such in said county at the last general election for senators and representatives in said county be, and the}' are hereby, authorised to preside in their several pre- cincts in every manner as fully as they were i mpowered to do at said general election by the statute regulating the same.
§ 2. In the event of a majority of the legal voters of said county Court-house, casting their voles at said election in favor of the removal of the how erected- said county seat to the town of Pekin, the citizens of said town of Pekin and vicinity shall be required to erect a good and sufficient court-house, for the use of said county, on the public square in said town, known as court-house square, or court square; Provi- Proviso. ded, the county seat shall not be removed until a good and sufficient court-house shall be erected in said town of Pekin as aforesaid, without cost to the county, which shall be approved by the judge of the circuit court of said county when erected ; And provided, Furtherprovis* also, that said court-house shall be erected within two years from and after the time this act shall take effect.
§ 3. And be it further enacted, That in the event of a majority of the legal voters of said county being in favor of the removal of said county seat to the town of Pekin, the county commissioners' court of said county shall be, and they are hereby, required, when a jail is erected in said county, to erect the same in the town of Pekin.
§ 4. Within thirty days after the completion of said court-house, Offices when re- and the approval of the same by the said judge of the circuit court, moved, the several offices of the said county, required by law to be kept at the county seat, shall be removed to Pekin, and all courts of said
4S
COUNTIES.
appointed.
county shall be holden there, and all suits pending in the circuit court in said county, at the time of the removal of said offices from Tremont to Pekin, shall, in event of said removal, be prosecuted to final judgment and execution at Pekin in said county. And the town ot Pekin shall thenceforth become, in all respects whatso- ever, the permanent seat of justice of said county. Commissioners § 5. And be if further enacted, That Thomson I. S. Flint, David Mark, William Maus, Thomas N. Gill, and James Harris, be, and the same are hereby, appointed commissioners, by themselves or their authorised agents, to receive contributions and subscriptions of money, work, or materials, for the purpose of erecting said court-house, and to superintend the erection thereof; and all prom- ises in writing to pay money, work, or materials, towards the erec- tion thereof, shall be binding in law upon all persons making the same, and said commissioners are fully authorised to collect the same by law.
§ 6. The election provided for in this act may be contested in the same manner as elections of county officers.
§ 7. Be it further enacted, That if the said seat of justice shall be removed, according to the provisions of this act, the county court of Tazewell county is hereby authorised and empowered, and it is further made the duty of said court to convey by deed in trust to Joseph Shaw, Wells Andrews, Lyman Porter, Thomas P. Rogers, and William A. Mans, said court-house, for the use of the inhabitants of the county of Tazewell, to be used and occupied ex- clusively for the purpose of education ; Provided, a majority of the legal voters of said county voting for electors of president and vice president of the United States at the last presidential election in said county, be taken as the majority of the voters of said county.
Approved February 2, 1849.
Election may- be contested.
Trustees ap- pointed.
Proviso.
In force Feb. 8, 1849.
Place selected.
Name of
Election to be held.
AN ACT permanently to locate the seat of justice of Whiteside county.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That in pursuance of the fifth section of the seventh article of the constitution, the south-east quarter of the south-east quarter of section number sixteen, in township numbered twenty north, of range numbered five east of the fourth principal meridian, in the county of Whiteside, is here- by fixed as the place to which it is proposed by this act to remove the seat of justice of said county, as hereinafter provided ; and the said place so fixed upon is hereby called and named Lyndon.
§ 2. The legal voters of the said county of Whiteside shall meet at their respective places of holding elections, on the Tuesday next after the first Monday in the month of April, in the year one thou- sand eight hundred and forty-nine, and shall then proceed to vote according to law, as in other cases of elections, to permanently locate the seat of justice of said county, either at the said place called Lyndon, or at Sterling; which latter place is now the tempo- rary seat of justice of said county ; and whichever of the said placos, so to be voted for, shall receive a majority of the legal vo-
COUNTIES. 4C|
ters of said county, given at said election, shall thereafter be the seat of justice of said county.
§ 3. At the March term next of the county commissioners' court Contributions. of said county, any person, capable of contracting, may make a how made> written offer or offers of land, or money, or other property, to said court, to aid in the erection of public buildings in said county, in case the place called Lyndon shall, under the provisions of this act, be selected as the permanent seat of justice of said county ; which said offers shajl be entered of record in said court, and shall be binding upon the person or persons who shall make the same, in case the county seat of said county shall be located at the said place called Lyndon, under the provisions of this act. And the said county may maintain a bill in equity to enforce a conveyance of the lands so offered, and may have an action of debt or assumpsit to recover all moneys and the value of such personal property as may be offered as aforesaid.
§ 4. The clerk of the county commissioners' court of said county Notice to b* shall cause notices of the said election to be issued, and the sheriff given, of said county shall post tip the same in the time and manner which may be required by law for similar notices, previous to a general election. In the notices aforesaid, the said clerk shall state also a description and the amount of all such offers of land, money, and other property, to be made for the erection of county buildings at Lyndon, under the provisions of the foregoing section.
§ 5. The election provided for in this act shall, in all respects, Election, how- be conducted, and returns thereof made, in the manner which may conducted' be required by law in other elections. The returns of said elec- of returns, tion shall be canvassed, and abstracts thereof made, as in other cases of elections; and the clerk of the county commissioners' court shall record the said abstracts on the record books of the said county commissioners' court, there to remain as evidence of the location of the county seat ; Provided, that any legal voter or voters Proviso, of said county may appeal to the circuit court of the said county from the decision of the said clerk, in making and recording the ab- stracts aforesaid, by giving bond to said clerk within ten days after said abstracts shall be recorded, payable to such person, with such penalty, with such security and condition, as the said clerk may reasonably require. And in case such appeal shall be taken, the said clerk shall transmit the said bonds, the said election returns, and a copy of said abstracts, to the clerk of the circuit court; and the said circuit court shall proceed to try the said appeal, in a sum- mary way upon the merits and justice of the cause ; and the only question to be tried on such appeal shall be, which of the places, called Lyndon or Sterling, received a majority of all the legal votes of said county given at said election. And in case such ap- peal shall be taken and duly prosecuted, the final order of the said circuit court thereon shall be evidence of the permanent location of the said seat of justice.
§ 6. In case the seat of justice of said county shall be located Property to 1* at Lyndon, then the county commissioners of said county are here- rec°nveye*. by authorised and required to convey by deed the court-house at Sterling, and the lot on which the same is situated, and which is used therewith, and all lands or town lots heretofore donated to said county, for the purpose of erecting said public buildings, and which property is still owned and held by said county, to the pro- CD)
r>o
COUNTIES.
Offices to be held at Lyndon
Acts repealed.
prietors of the said town of Sterling, to be thereafter owned by them in proportion to the amount of donations made by them re- spectively, lor the purpose of purchasing said lot and erecting said court-house.
§ 7. If the seat of justice of said county shall be located at Lyndon, the circuit court, county commissioners' court, and other courts of said county, shall be held at such place at the town of Lyndon as may be selected and appointed by the county commis- sioners' court of said county, until a suitable court-house can be erected; and all public offices required to be kept* at the seat of justice, shall be kept in said town of Lyndon, until suitable public offices can be provided.
§ 8. The act entitled "an act declaring the town of Sterling the county seat of Whiteside county for a time, and under the condi- tions therein mentioned," approved February 16, 1847, is hereby repealed ; and the third and fourth sections of an act entitled an "act to permanently locate the seat of justice of the county of White- side," approved February 28, 1843, are hereby revived and con- tinued in force ; Provided, that the act first herein recited shall not be repealed unless the said seat of justice shall be removed to Lyndon, under the provisions of this act.
§ 9. This act shall take effect and be in force from and after its passage.
Approved February 8, 1849.
In force April 13, 1849.
Election to be held.
Proviso.
AN ACT to relocate the county seat of Cumberland county.
Section 1. Be it enacied by the people of the state of Illinois, represented in the general assembly, That at the general election to be held on the Tuesday next after the first Monday in November next, a poll-book shall be opened for the different points to be run for the county seat ; Provided, however, that no place shall be vo- ted for unless its proprietors or friends shall, at least twenty days previous to said election, execute a bond, with sufficient security, designating the quantity of land patenled by the general govern- ment, and free from legal incumbrance, setting forth the metes and bounds of said land, or the number and lucation of town lots, or the amount of money, work and labor, or materials to be used in erect- ing the county buildings which the friends of any point may pro- pose to give; which said bond shall be subject to the approval of the county court, and be filed therein; and at said election a column shall be opened for each point whose l'riends shall have executed a bond as aforesaid, and all persons qualified at (he time of holding said election to vote for a member of the goneral assembly, shall be en- titled to vote for the relocation of said seat of justice, and the point, if any, receiving the majority of the legal votes at said election, shall be taken to be the point agreed upon by the inhabitants of said Cumberland county. When the votes of said election are compared by the proper officers, if it shall appear that neither one of the points voted for shall have received a majority of all the votes cast, then it shall be the duty of the county court of said Cumberland
COUNTIES. 5 ]
county to appoint a day, within three months thereafter, for holding another election, and shall post up written notices thereof in one of the most public places in each precinct in said county, at least thir- ty days previous to the day so fixed upon for said election; and a column shall be opened at each election precinct for the two points having received the highest number of votes at said first election, and the point receiving the highest number of votes at said second election shall be taken to be the point agreed upon by the citizens of said county for the location of the county seat ot said county; which fact shall be certified to by the speaker of the house of rep- resentatives at the next session of the legislature, describing said point so agreed upon by the inhabitants of said county, by the clerk of the county court of said county; which certificate shall be full evidence of the fact, and which certificate shall belaid before the said house of representatives, and the point so selected shall be estab- lished and be and remain the permanent county seat for said Cum- berland county, in such manner as may be provided for by a law to be passed by the legislature at their next session, and not other- wise.
§ 2. The conveyance of the town of De Kalb by the county com conveyance le- missioners of said Cumberland county to James Gill, is hereby de- gaiised. clared good and valid, and to vest the title thereof in the said Gill.
Approved February 8, 1849.
AN ACT to make certain additions from the county of Mercer to the county of Tn force Febru-
Rock Island. ^y 8j 1849>
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That an election shall be held Election to be in the counties of Mercer and Hock Island, at the usual places of held* holding the same, on the first Tuesday after the first Monday of November next. In the county of Mercer, for the purpose of vo- ting for or against townships fifteen north, ranges one and two west, of the fourth principal meridian, being added to the county of Rock Island; and in the county of Rock Island, to vote for or against re- ceiving said territory as a part of said county. The elections to be holden as aforesaid shall be conducted, notices thereof given, and returns made in the same manner as is now provided for, or may hereafter be, incase of election of senators and representatives, and the same rights of contest allowed.
§ 2. It shall be the duty of the clerk of the county of Mercer, as Clerk to make soon as the result of said election shall be ascertained, to make a certificate' certificate thereof, under the seal of said court, and transmit the same to the clerk of the Rock Island county court, and the clerk of the county court of Rock Island shall make out and transmit to the clerk of the county of Mercer a certificate of the result of the elec- tion in said county, which certificate shall be entered on the records of each of said courts, respectively, at the next terms thereof, after receiving the same.
§ 3. Upon ascertaining the result of the elections, held as afore- Territory trani - said, if it shall appear that a majority of all the voters in the coun- ferred.
52
COUNTIES.
ty of Mercer voted for said territory being added to and forming a part of the county of Rock Island, and a majority of the votes of the county of Rock Island voted for receiving the same as a part of said county, then and in that case, the said townships fifteen north, ranges one and two west, of the fourth principal meridian, shall thereafter constitute and be a part of the county of Rock Island.
§ 4. This act to be in force from and after its passage.
Approved February 8, 1849.
la force Febru- ary 10, 1849.
Preamble.
Acts legalised,
Clerk to be elected.
AN ACT concerning the cleilc of Lawrence county.
Whereas, at the regular election in September, a. d. 1848, Samuel Dunlap was duly elected clerk of the circuit court of Law- rence county ; and whereas, said Dunlap departed this life on or about the 8th day [of] said September; and whereas, the Hon. Wil- liam Wilson, presiding judge of the said circuit court on the 25th of said September, appointed Jack M. Morris clerk of said court, who discharged the duties of said office until on or about the 25th of November, 1848, when he also departed this lite ; and whereas, on or about the 10th day of December, 1848, the Hon. Justin Har- lan, then presiding judge of said court, appointed Frederick A. Thomas clerk of said court, who has discharged the duties of said office ever since his appointment ; therefore,
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That all the actings and doings of Frederick A. Thomas and Jack M. Morris, respectively, as clerks of the circuit court of Lawrence county, be, and the same are hereby, declared' to be as legal and valid in all respects as if said Thomas and Morris had been elected clerks of said court and qualified as such clerks, at the time and in the manner provided for and required in the new constitution in relation to the election and qualification of circuit clerks; and the said Frederick A. Thomas is hereby authorised and empowered to perform all the duties of cir- cuit clerk of said county until a clerk shall be elected and qualified according to the provisions of this act, and to take and enjoy for his own benefit, all the fees and profits of said office until the election and qualification of a clerk according to the provisions of this act.
§ 2. At the general election to be held on the Tuesday next af- ter the first Monday in November next in said county, there shall be elected by the qualified voters of said county, a clerk of the cir- cuit court for said county; and in the election of said clerk all the provisions of law concerning the election of circuit clerks at the regular election for such clerks, so far as applicable, shall be appli- cable to and govern such election herein authorised. And the per- son who shall receive a majority of all the legal votes cast at such election for circuit clerk of said county, shall be qualified in the manner required by law in cases of the election of such clerks; and the clerk herein authorised to be elected, shall, after his election and qualification as such clerk, be as fully and completely clerk, and subject to all the provisions of, and entitled to all the fees and
COUNTIES. 53
emoluments of said office, the same as if he had been elected accor- ding to law, in September last.
§ 3. This act to take effect and be in force from and after its pas- sage.
Approved February 10, 1849.
AN ACT concerning the counties of Lawrence and Richland. In forC€
Feb. 10, 1849.
Section 1. Be it enacted by the people of the state of Illinois, 0rders author- represented in ike general assembly, That the county commissioners' ised to be is- courts of the counties of Lawrence and Richland are hereby au- sued* thorised, in their discretion, to issue county orders, bearing interest at any rate not exceeding six per centum per annum. This act to be in force from and after its passage.
Approved February 10, 1849.
AN ACT to provide for the change of the county seat of Clark county. jn force pek,
10, 1849. Whereas, the people of Clark county have petitioned for the Preamble, removal of the county seat of said county to a certain place near the centre of said county, known as Hilhbert's Point;
Section 1. Be it enacted, therefore, by the people of the state of I Hi- Election to be nois, represented in Ike general assembly, That an election shall be held, held in the county of Clark, on the third Monday of May, a. d.,1849, at the usual places of holding elections in said county, for the re- moval of the seat of justice of said county ; at which election the clerks thereof shall open two columns, one for Marshall, the other for Hilhbert's Point, and shall take and record the votes of each qualified voter for one of the aforesaid places as the seat of justice for said county.
§ 2. The said election shall be conducted, and the returns thereof How conducts made, in the same manner as is provided in ordinary cases of the election of justices of the peace. The clerk of the county or commissioners' court shall, immediately after the receipt by him of the election returns, in the presence of two justices of the peace, open the election returns, compare them, and certify the same to the county or county commissioners' court; and the place having a majority of the votes of said county, shall be and remain the seat of justice in said county, as hereinafter provided.
§ 3. The proprietor or proprietors of said Hilhbert's Point shall obligation to t*> deposit with the clerk of the county or commissioners' court, pre- dcP0Slted- vious to said election, his or their obligation to convey to said county the forty acres of land, including said point, (except the house and orchard thereon, containing about one, or not more than one, square, reserved by said proprietor or proprietors,) and all other donations of land for said county shall in like manner be de- posited with the clerk of said county previous to said election, and
54
COUNTIES.
Buildings to be erected.
May appoint commissioners
J/Ots to be served.
Proclamation to be made.
Offices to be re- moved.
Name of town
Proviso.
Property to be sold.
all donations of money shall in like manner be deposited with said clerk, and made safe, by bond and security, to the satisfaction of said county or commissioners' court.
§ 4. If at such election Hillibert's Point shall receive a majority of the votes of the county, then it shall be the duty of the county or commissioners' court to cause to be erected suitable buildings on said Hillibert's Point, for county purposes, including court-house, jail, clerks' offices, Sic; and to cause the land donated to said county to be conveyed and sold, and the donations of money to be paid} the said land to be laid off into town lots, or otherwise disposed of as said county or commissioners' court may determine best; and the proceeds of said donations of land and money to be applied to the erection of the public buildings, and the remainder, if any, to go into the county treasury ; said lands to be sold for cash, or on credit, with good security, as said court may determine.
§ 5. Said county or commissioners' court may appoint commis- sioners to sell and convey said lands, and also to superintend the erection of the public buildings.
§ 6. The said county or commissioners' court shall select suita- ble lots, and specifically designate them, of said lands, for the fol- lowing purposes : One for a male and one for a female academy ; one for a jail; four for the purpose of erecting houses of public [worship;] to be conveyed to the society of christians who shall first build thereon ; and one lot or square for the court-house ; all of which shall be selected prior to any sale thereof of said lands.
§ 7. If it such election Hillibert's Point shall receive a majority of voters of the county, then it shall be the duty of the county or commissioners' court of said county to cause proclamation to be made and published in some public newspaper of said county, if any, and if none, by advertisements on the court-house door, de- claring and [making] known, that from and after a day therein named, and not exceeding twelve months from the date thereof, the seat of justice of said county shall be, and permanently remain, located on said Hillibert's Point.
§ 8. The county officers whose duty it is to keep their respec- tive offices at the seat of justice shall, on the day named in the proclamation hereinbefore specified, remove their offices to Hilli- bert's Point.
§ 9. Should said forty acres of land hereinbefore named be laid off into town lots, then said seat of justice may and shall be desig- nated by such name as the town located thereon may be known ; Provided, however, that the change of name of said Hillibert's Point 'shall in no wise affect any contract or conveyance previously made, nor any legal transaction or business whatever.
§ 10. Such public property at Marshall as shall not be longer required for county purposes, the said county or county commis- sioners' court shall dispose of at public or private sale, in the man- ner most likely to produce its full value, and the proceeds to apply to county purposes.
§ 11. This act shall be in force from and after its passage, and a certified copy thereof shall be transmitted to the clerk of the county court of Clark county.
Appboved February 10, 1849.
COUNTIES. 55
AN ACT to make a certain addition from the county of JHenry to the county In force
Of Stark. Feb. 12, 184S.
Section 1. Be it enacted by the people of the state of Illinois, Territory trans- represented in the general assembly, That township fourteen north, ferred. range five east, or the south half of said township, (as the case may be,) shall be added to and constitute a part af the county of Stark ; said territory being now in the south-east corner of the county of Henry ; Provided, that an election shall be held in said proviso, county of Henry, at the usual places of holding elections, on the first Saturday of April next, to vote for or against the whole, or the south half of said township as aforesaid, being added to the said county of Stark ; And provided, also, that an election shall be held in the said county of Stark, on the second Saturday in the month of April next, (if the county of Henry shall vote in favor of either the whole or the south half of the township aforesaid be- ing added to said county,) to vote for or against receiving the same. as a part of the county of Stark aforesaid. And if it shall appear that a majority of the votes at the said election in the county of Henry are in favor of the whole of said township, or the south half of the same, being attached to and hereafter forming a part of the county of Stark, and a majority of the votes of the county of Stark, given at the election in said county, are in favor of receiving the whole or south half of said township, then the township aforesaid, or the south half thereof, (as the case may be,) shall be attached to and form a part of said county of Stark as aforesaid. The elections to be held as above shall be conducted, notices given, and returns made, in the same manner as now required by the thirty-seventh chapter revised statutes, entitled "elections."
§ 2. The voters at said elections may vote, both for or against Privileo.es of the whole, and for or against the south half, of said township be- voters", ing attached to and forming a part of the county of Stark; and the judges of said elections shall cause to be ruled separate columns in the poll-books for that purpose.
§ 3. Upon comparing the poll-books of said election, should it certificates n» appear that a majority of the voters of the county of Henry, given be made, at said election, are in favor of the whole or south half of said township being attached to the county of Stark, it shall be the duty of the clerk of the county commissioners' court, or his successors in office, to make out two certificates thereof, under the seal of said court, one of which shall be filed in his office, and the other trans- mitted to the clerk of the county commissioners' court of Stark county ; which shall be made a matter of record at the next suc- ceeding terms of the county commissioners' courts of each of said counties respectively.
§ 4. When it shall be ascertained that a majority of the legal contests pro?i- voters of said county of Henry have voted tor the whole, or the ded for. south half, of said township, as the case may be, to be stricken off to said county of Stark as aforesaid, and that a majority of the legal voters of said county of Stark have voted for the whole, or the south half, of said township, as the case may be, to be added to said county of Stark, such territory shall become and be a part of said county of Stark ; and same mode shall be adopted to ascertain the result of said elections, and the same rights of contests shall exist as in case of election of senators and representatives of this state, under the laws now in force.
5G COUNTIES.
§ 5. This act to take effect and be in force from and after its passage.
Approved February 12, 1849.
In force fepril 13, 1349.
AN ACT authorising the removal of the county seat of Hancock county, and a vote to be taken upon such removal.
voters author- Section 1. Be it enacted by the people of the state of Illinois, rsed to vote for represented in the general assembly, That the legal voters of the removal. county of Hancock be authorised, at the next general election of
county officers, to be held under the laws of this state, in said county of Hancock, to vote for or against the removal of the county seat of said county of Hancock from the town of Carthage to the town of Warsaw; and two columns shall be opened in the poll- books of the several election precincis of said county for that pur- pose.
S 2. The same rules shall be observed in the taking: of said vote,
t^ect n rules to . o *
govern, &c. and of the returns thereof, and in the counting of said vote, and in all other things, as shall be required by law in elections for sena- tors and representatives of the general assembly of this state ; and the same rights of contest shall exist as in case of elections of county officers ; Provided, any legal voter of said county may ap- peal from the decision of such contest to the circuit court of said Hancock county. . § 3. Should it be found that a majority of the legal voters of
certificate. said Hancock county voting at said election have voted for the re- moval aforesaid, it shall be the duty of the clerk of the county commissioners' court of said county to make a certificate thereof, showing the number of votes for and against said removal, and en- ter the same of record in his office ; and should a majority of said voters vote for said removal, it shall then be the duty of the county commissioners of said county to cause, so soon as practicable there- offices to be re- after, all public offices of said county, required to be kept at the
moved. county seat, to be removed from the said town of Carthage to said
town of Warsaw, and the said town of Warsaw shall thereafter be the county seat of said county of Hancock. Propositions to § 4. Be it further enacted, That any person or persons may file
he filed. jn the office of the clerk of the county cummissioners' court of said
county of Hancock, previous to said election, propositions to grant to said county any town lots or ground in said town of War- saw, or to erect by them any public buildings for the use of said county, or to do and perform any other thing in consideration of said county seat being removed to said town of Warsaw; which propositions shall contain full specifications of the same, and when so filed, shall be binding upon the parties executing and filing said propositions, and shall have the force and effect of a contract. The persons filing such propositions shall also file wifh said clerk a
Security re- bond, with sufficient security, to be approved by the county com- missioners of said county, payable to the county of Hancock, and conditioned for the faithful performance of the propositions so filed; which said bond and propositions shall be valid, and be enforced as other contracts, in case of any breach thereof. Approved February 12, 1849.
COURTS. 57
AN ACT fixing the times of holding the supreme court. In force
Jan. 6, 1849.
Section I. Be it enacted by the people of the state of Illinois, represented in the general assembly, That in lieu of the times now ing courts, appointed, the supreme court shall be held as follows : In the first grand division, on the second Monday of November, annually ; in the second grand division, on the second Monday in December, an- nually ; and in the third grand division, on the second Monday in June, annually.
§ 2. All process that has or may be used, before the clerks of the courts receive notice of the passage of this act, shall be consid- ered as returnable to the terms hereby appointed.
§ 3. This act to take effect from and after its passage.
Approved January 6, 1849.
AN ACT to authorise the purchase of books for the use of the supreme court. In„ [g49Apri1
Section 1. Be it enacted by the people oj the slate of Illinois, represented in the general assembly, That there be advanced and paid Judges topur- to the justices of the supreme court, out of any moneys not other- chase oook8' wise appropriated, the sum of five thousand dollars, to be applied, in equal proportions, to the purchase of law libraries for the use of the supreme court in the first and third grand divisions.
§ 2. That upon a requisition, signed by two of the justices of the Auditor to is- supreme court, the auditor shall issue his warrant upon the treasur- sue warran s* er for any sum or sums, not exceeding the said sum of five thou- sand dollars, in such amounts as the said justices may require.
Approved January 26, 1849.
AN ACT relating to the supreme court rooms. In force Janua-
ry 31, 1849.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the judges of the supreme Jvifecourtr0~ court are hereby authorised to make the necessary alterations in room, and provisions for the court-rooms for the supreme court in the sev- eral grand divisions, and to provide the necessary furniture and fuel therefor, and to audit the accounts for the same. 'I his act to be in force from and after its passage.
Appuoved January 31, 1849.
AN ACT regulating the terms of the courts in the first judicial circuit. jn force pej,.
8, 1849.
Section 1. Be it enacted by the people of the slate of Illinois, represented in the general assembly, That the circuit [courts] in the several counties composing the first judicial circuit, shall be holden
58
COURTS.
at the several county seats or places of holding said courts, at the times following, viz :
SPRING TERMS.
Spring terms. jn fne county of Morgan, on the second Monday in March; In the county of Cass, on the fourth Monday in March; In the county of Menard, on the first Monday thereafter; In the county of Mason, on the second Monday thereafter; In the county of Greene, on the third Monday thereafter ; In the county of Macoupin, on the first Monday in May ; In the county of Jersey, on the second Monday in May ; In the county of Calhoun, on the third Monday in May ; In the county of Scott, on the fourth Monday in May ;
FALL TERMS.
Fall terms.
Suits pending not to be af- fected by the change.
Writs, &c, how returna- ble.
Discretionary power given to auditor.
In the county of Morgan, on the second Monday in September ;
In the county of Scott, 6n the fourth Monday in September ;
In the county of Greene, on the first Monday in October;
In the county of Macoupin, on the second Monday in October;
In the county of Jersey, on the third Monday in October ;
In the county of Calhoun, on the fourth Monday in October ;
In the county of Cass, on the first Monday thereafter;
In the county of Menard, on the second Monday thereafter ;
In the county of Mason, on the third Monday thereafter.
§ 2. All indictments, suits, causes, motions, recognizances, and other proceedings pending in said courts, shall stand for trial, hear- ing, judgment and disposition at the terms of the courts as regu- lated by this act, in the same manner and with the like effect as if no changes had been made in the times of holding said courts.
§ 3. All recognizances, writs and process heretofore or hereaf- ter entered into, or issued or returnable to the terms of the courts as heretofore arranged, shall be deemed and held to be returnable to the terms fixed by this act.
§ 4. New trials may be granted at the spring or fall terms of said courts in all cases, wherein the parties would be entitled to such new trials at the spring or fall terms, as now authorised by law.
§ 5. If by reason of the change in the times of holding courts in the counties heretofore named, the sheriff or other collector of any of said counties shall not procure judgment against the lands of delinquent tax property, at the spring term, the time of settlement with the county court and the auditor may, in the discretion of said county court, be extended, and the necessary judgment may be obtained by said sheriff or other collector at the next ensuing term.
This act to take effect from and after its passage.
Approved February 8, 1849.
COURTS. 59
AN ACT changing the times of holding courts in the third judicial circuit. In force Feb.
4, 1S49.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the circuit courts in the third judicial circuit, shall be begun and held at the tunes herein- ing courts. after mentioned, to wit : In the county of Marion, at Salem, on the second [Mondays of March and August ; in the county of Jef- ferson, at Mount Vernon, on the third Mondays of March and Au- gust; in the county of Hamilton, at McLeansboro, on the fourth Mondays of March and August; in the county of Franklin, at Benton, on the Mondays following; in the county of Williamson, at Marion, on the Mondays following; in the county of Jackson, at Murphysboro, on the Mondays following ; in the county of Union, at Jonesboro, on the Mondays following ; in the county of Alexander, at Thebes, on the Mondays following ; in the county of Pulaski, at North Caledonia, on the Mondays following; in the county of Johnson, at Vienna, on the Mondays following; in the county of Massac, at Metropolis city, on the Mondays following; in the county of Pope, at Golconda, on the Mondays following ; in the county of Hardin, at Elizabethtown, on the Mondays follow- ing ; in the county of Saline, at Rawley, [Raleigh] on the Mondays following; and in the county of Gallatin, at Shawneetown, on the Mondays following, and to continue for two weeks.
§2. All writs, subpoenas, and other process, which may have Process, how been, or may be issued, and made returnable to the terms of courts in said circuit, as heretofore required to be holden, shall be deemed and taken to be returnable to said terms of the courts, as required to be holden under this act ; and all notices which may have been given, either by publication, or otherwise, with reference to the terms as heretofore required to be holden, shall, by force of this act, refer to the terms of courts as required to be held under this act. And all proceedings pending in said courts shall be taken up and disposed of as if no alteration had been made in the times of holding said courts.
§ 3. All acts and parts of acts conflicting with the provisions of Acts repealed, this law are hereby repealed. This act to take effect from and af- ter its passage.
Approved February 3, 1849.
AN ACT fixing the times of holding the courts in the fourth judicial circuit. In force Janu- ary 30, 1849.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That hereafter the times of hoi- Times - hol* ding courts in the fourth judicial circuit, shall be as follows, to wit : ing courts. In the county of Wayne, on the Thursdays before the fourth Mon- days of March, and the Thursdays before the first Mondays of Sep- tember ; in the county of White, on the fourth Mondays of March, and the first Mondays of September ; in the county of Edwards, on the first Mondays of April, and the second Mondays of Septem- ber; in the county of Wabash, on the Thursdays thereafter; in the county of Lawrence, on the Wednesdays thereafter ; in the coun-
eu
COURTS.
Process, how returnable.
Acts repealed.
ty of Crawford, on the Wednesdays thereafter ; in the county of Clark, on the Mondays thereafter; in the county of Coles, on the Mondays thereafter ; in the county of Cumberland, on the Mondays thereafter, in the county of Jasper, on the Thursdays thereaiter; in the county of Clay, on the Mondays thereafter ; in the coun- ty of Richland, on the Thursdays thereafter.
§2. All indictments, recognizances, and suits, either at common law or in chancery, shall stand for hearing at the times herein speci- fied for holding court, the same as though no change had taken place; and all writs and other process, civil or criminal, shall be, and they are hereby, made returnable the same as if there had been no change in the times of holding said courts ; and all returns here- tofore made, or that may hereafter be made, either according to this act, or the acts hereby repealed, shall be taken to be returnable to the terms of court as hereby fixed, and shall be legal and valid in all respects as if no change had taken place.
§ 3. All acts and parts of acts coming in the purview and in conflict with this act, be, and the same is hereby, repealed; and this act shall be in force from and after its passage.
Approved January 30, 1849.
In force Janu- ary 20, 1849.
Times of hold' ing courts.
AN ACT fixing the times of holding courts in the eighth judicial circuit.
Section 1. Be it enacted by the people of the state of Illinois, represented in the generul assembly, That hereafter the times of holding courts in the eighth judicial circuit, shall be as follows :
In the county of Sangamon, on the third Mondays of March and fourth Mondays of August;
In the county of Tazewell, on the first Wednesdays of April and the third Wednesdays of September;
In the county of Woodford, on the second Thursdays thereafter;
In the county of McLean, on the Mondays thereafter;
In the county of Logan, on the Mondays thereafter ;
In the county of De Wilt, on the Thursdays thereafter ,
In the county of Piatt, on the Mondays thereafter ;
In the county of Champaign, on the Wednesdays thereafter ;
In the county of Vermilion, on the Mondays thereafter ;
In the county of Edgar, on the Mondays thereaiter ;
In the county of Shelby, on the Mondays thereafter ;
In the county of Moultrie, on the Mondays thereafter;
In the county of Macon, on the Thursdays thereafter ;
In the county of Christian, on the Mondays thereafter. And all writs and recognizances and other process which have been or may be issued or entered into and made returnable to any of said courts, as at present arranged, shall be deemed and considered as returna- ble to the terms fixed by this section; and all cases and proceedings, whether criminal or in chancery, pending in any of the said courts, shall be taken up and disposed of according to law, as if no altera- tion had been made in the times of holding said courts.
COURTS.
61
§ 2. All acts and part of acts coming [inj the purview and in Acts repealed, conflict with this act, be, and the same is hereby, repealed} and this act shall be in force from and after its passage.
Approved January 20, 1849.
AN ACT to establish the eleventh judicial circuit. jn force pej,.
ruary 12, '49.
Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That the counties of Iroquois, District esttb- Will, Du Page, McHenry, Boone, and Winnebago, shall compose a judicial circuit, to be called the eleventh judicial circuit, and that circuit courts shall be holden at the respective county seats of said counties, at the times following, viz :
§ 2. The courts in the eleventh judicial circuit shall be held in Times of hold- the counties thereof, at the following times, viz : ing courts.
In the county of Winnebago, on the fourth Monday in March and the tirst Monday of September ;
In the county of Boone, the second Monday after the fourth Monday in March and third Monday of September ;
In the county of McHenry, the third Monday after the fourth Monday in March and the fourth Monday of September ;
In the county of Du Page, the fifth Monday after the fourth Mon- day in March and the second Monday after the fourth Monday of September ;
In the county of Will, the sixth Monday after the fourth Mon- day in March and the third Monday after the fourth Monday of September ;
And in the county of Iroquois, the eighth Monday after the fourth Monday in March and the fifth Monday after the fourth Monday of September, in each and every year.
§ 3. All process, suits and recognizances, which [have] been or Process retum- may be issued or entered into and made returnable to the courts as able" at present arranged, shall be taken and considered to be returnable to the times fixed by this act, and shall be valid to all intents and purposes.
§ 4. There shall be an election holden in the respective counties Election of composing said judicial circuit on the second Monday of March Judse- next, for the election of circuit judge of said circuit, which shall be conducted, and returns thereof made, and certified and canvassed, in the manner provided by the constitution and laws of this state. Said judge, when elected, shall hold his office until the next general election for judges, as provided by the constitution, and until his successor shall be chosen and qualified.
§ 5. It shall be the duty of the secretary of state to cause a certi- Notices to be fied copy of this act to be immediately transmitted to each of the clerks s ven* of the circuit and county commissioners' courts of said counties ; and the clerks of the county commissioners' court of said counties shall issue notice for the said election to the sheriffs thereof, re- spectively ; which notice shall be posted by them in the several precincts in all respects in the like manner as provided by the con-
62
COURTS.
Powers of judge.
Duties of state attorney.
Spring terms.
stitution and laws of this state for holding general elections there- in.
§ 6. The said circuit judge, when elected, shall exercise all the powers, perform all the duties, and have all the jurisdiction and authority, now had or hereafter to be required of, or exercised by, circuit judges in this state, under the constitution and laws there- of; and shall receive the same compensation as other circuit judg- es are entitled to receive by the constitution and laws.
§ 7. The state's attorney for the seventh judicial circuit, as now organised, shall be state's attorney of the eleventh judicial circuit as arranged by this act, and shall discharge all the duties and re- ceive the like fees and compensation for services as such as apper- tain to said officer by the constitution and laws.
§ 8. The spring terms of the circuit court for the year 1849, shall be holden in conformity within the provisions of the second section of "an act providing changes in the seventh and ninth ju- dicial circuits, and for fixing the time for holding courts in the sixth and seventh judicial circuits," in force February 27, 1847.
§ 9. This act shall take effect and be in force from and after its passage.
Approved February 12, 1849.
In force AN ACT establishing county courts, and providing for the election of justices
April 13, 1849. of the peace and constables, and for other purposes.
Election of .udges.
Court establish. Section 1. Be it enacted by the people of the state of Illinois, represented in the general assembly, That there shall be established in each of the counties of this state, now created and organised, or which may hereafter be created or organised, a court of record, to be styled "the county court ol (the proper) county," to be held
by and consist of one judge, to be styled "the county judge of
county."
§ 2. The said county judges shall be elected on the Tuesday after the first Monday in November, in the year eighteen hundred and forty-nine, and on the Tuesday after the first Monday in No- vember quadrennially forever thereafter, by the qualified voters of the respective counties, and shall hold their offices for the term i of four years, and until their successors are elected and qualified.
Oath of office. § 3. Each of the said county judges shall, before entering upon the duties of his office, take an oath "faithfully and impartially, promptly and wilhout delay, to perform all the duties of his office, according to the best of his knowledge and abilities, according to law." Also, an oath to support the constitution of the United States and of this state, and also the oath prescribed in the twenty- sixth section of the thirteenth article of the constitution of this state ; which oaths may be administered by any justice of the peace, or judge of any court of record, and shall be endorsed, by the officer administering such oaths, on the commission of said county judge, and, with the commission, recorded by the clerk of said court.
compensation. § 4. The county judges respectively shall be entitled to a com-
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pensation for their services of two dollars and fifty cents per day, for every day employed by them in holding courts, to be paid quar- terly, out of the county treasuries of the respective counties, on the certificate of the clerk of said court.
§ 5. Said courts shall sit in the court-house, or usual places of Times of hold- holding courts in the several counties of this state, for the transac- ing courts, tion of business, on the first Monday of every month, except the months of December, March, June, and September, and on the third Mondays of said months, and shall continue open from day to day until all the business before them shall be disposed of. Said courts shall each have a seal. The clerks of said courts shall be the keepers of the seals thereof, and shall issue all process legally Powers»Si'c• emanating from said courts ; which process shall bear date when issued, be tested in the name of and signed by the clerk, and sealed with the seal of said court. And the clerk of said court shall perform all the ministerial duties heretofore performed by the probate courts, and shall be entitled to the fees and emoluments allowed by law ; Provided, that granting letters testamentary, or of administration, except to collect, all letters of guardianship, and re- pealing the same, and allowing or disallowing claims against estates or persons, determining who are entitled to said letters requiring the settlement of estates, and directing the issuance of citations and attachments, shall be considered as general judicial powers under this act.
§ 6. Whenever a vacancy shall happen in the office of county Vacancy, how judge, by death, resignation, removal from the county, or anv other filled- cause, it shall be the duty of the clerk of said court in the county in which the vacancy may happen, to issue his orders to the judges of election in the different precincts in the proper county, requiring them, on a certain day therein named, not less than twenty days from the issuing of such order, to hold an election to fill such va- cancy ; which orders shall be immediately delivered by said clerk to the sheriff of the proper county, and by him, within five days after the receipt thereof, delivered to the respective judges of elec- tion to whom directed, and the judges of election shall, in pursu- ance of said orders, hold said election. And the clerk of said court shall, at the time of making the orders to the judges of election, make out and deliver to the sheriff as many notices of said special election for judge as there are precincts in the county ; and the sheriff shall, within the said five days, cause one of the said notices to be posted up in one of the most public places in each of said precincts.
§ 7. There shall be elected at the same time and places of elect- Clerk to be ing the judges of said court, in each of the counties of this state elected- now organised, or which mav hereafter be organised, by the quali- fied voters thereof, a clerk of said county court, who shall hold his office for the term of four years, and until his successor shall be elected and qualified.
§ 8. Every clerk so elected shall keep his office at the county office to be kept seat, or place of holding court, for each county respectively. And at co'nty seat, each and every clerk, before entering upon the duties of his office, shall take an oath to support the constitution of the United States Oath, and of this state, the oath prescribed in the twenty-sixth section of the thirteenth article of the constitution of this state, and also an oath "faithfully and impartially to discharge all the duties pertain-
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To give bond.
Vacancy, how filled.
Clerk pro tern, may be ap'ted.
Penalty for ne- glect of duty.
Circuit clerk to be recorder.
ing to said office of clerk of the county court, to the best of his abilities and knowledge, according to law;" which shall be en- dorsed on the commission of said clerk, and, with the commission, spread on the records of said court. (Said oaths may be taken in open court, or before any judge or justice of the peace.) He shall also enter into bond, with good and sufficient securities, to be ap- proved by said court, in the sum of three thousand dollars, payable to the people of the state of Illinois, for the use of any person in- jured— or the county, if injured, conditioned for the faithful dis- charge of the duties of said office of clerk of the county court, and for the delivering up to his successor in office all the books, re- cords, papers, and proceedings of said court, whole, safe, and un- defaced, as well as all property of every kind belonging to said office, when superseded in said office ; which bond, when approved by the court, shall be spread on the records thereof, and afterwards transmitted to the secretary of state and riled in his office.
§ 9. When a vacancy shall happen in the office of county clerk, it shall be rilled by election, in the same manner as a vacancy in the office of judge. And the judge shall issue the orders for the elec- tion, and shall make out the notices for the same, and receive the returns of the election in the same manner that the clerk is re- quired to do in the case of a vacancy in the office of county judge. And the judge shall aid in comparing the returns of a special elec- tion for clerk, and make returns to the office of secretary of state, for the purpose of procuring the commission of the clerk so elected, in the same manner that the clerk is required to do in case of elec- tions of other officers ; Provided, that if a clerk pro tern, shall be appointed and qualified, within live days after any such vacancy shall occur, such clerk pro tern, shall perform the duties in this section required of the judge.
§ 10. When a vacancy shall happen in the office of clerk of the county court, from any cause whatever, the county judge shall ap- point a clerk pro tern., to continue in office till a clerk be elected and qualified. And the clerk so appointed pro tern., shall take the same oaths, and execute bonds with like conditions, with security and penalty in the discretion of the judge. And the clerk pro tern, shall have all the powers, perform all the duties, and be enti- tled to all the fees and emoluments, for the time he may act as such, that the resularly elected clerk of said court would possess, be bound to perform, or be entitled to.
§11. Every clerk who shall refuse or neglect, after going out of office,