AN ACT to amend an act regulating the publication and distribution of In force, 29th the laws and journals of the General Assembly. Jan. 1840. missioners SEC. 1. Be it enacted by the People of the State of Illinois, Recorders & represented in the General Assembly, That recorders and school School comcommissioners of the counties shall be entitled to one copy entitled to of the laws of this State, in all future distributions of the same. laws APPROVED, January 29, 1840. AN ACT in relation to the court house in the county of La Salle. In force, 29th Salle over SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county com- Care of co. missioners of the county of La Salle, shall have the care of com's of La the court room in said county, any law to the contrary not- court room withstanding: Provided, said commissioners shall have said Proviso room kept in order for holding courts, at any time that it may be wanted for holding courts, or other public purposes. APPROVED, January 29, 1840. AN ACT for the benefit of Stark county. In force, 29th Jan. 1840. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the county of Stark Stark co. entitled to portion is hereby entitled to the one-fourth part of the money here- of Internal after to be drawn by the county of Putnam, from the Internal Improvement Improvement fund; the other three-fourths to be adjusted be- money drawn tween the county commissioners' courts of the counties of by Putnam Putnam and Stark, according to an arrangement entered into by said courts: Provided, said money shall be applied to the Proviso purposes for which it was originally appropriated. APPROVED, January 29, 1840. county AN ACT to change the name of the town of "Victoria" in the county of In force, Jan. 29, 1840. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the name of the Name of town changed from town of "Victoria," in the county of White and State of Illi- Victoria to nois, be, and the saine is hereby, changed to that of Philips- Philipstown town, and by that name it shall hereafter be known and distinguished in law. shall not affect title to real estate in SEC. 2. This act shall, in no wise, affect the title to the real Alteration estate lying and being within the plat of said town. This act to take effect and be in force from and after its passage. APPROVED, January 29, 1840. In force, 29th AN ACT for the appointment of an additional notary public in the town of Additional SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the Governor shall Notary Pub appoint, by and with the advice and consent of the Senate, lic in Grafton, one additional notary public, in the town of Grafton in the Charleston. County of Jersey, and Pittsfield in Pike county, and Charleston in Coles county. This act to be in force from and after its passage. Pittsfield and APPROVED, January 29, 1840. In force, 29th locate road road AN ACT to relocate parts of State roads in Fayette county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Dudley Mabry Comr's to re- and William Paydon, of Fayette county, are appointed commissioners to review and relocate so much of the State road, Direction of authorized by an act of the Legislature of 1838 and 1839, leading from Joseph Huey's in Clinton county, to the Northeast corner of Fayette county, as lies between the said Dudley Mabry's along on said road to near the hazle mound; thence, on the nearest and best ground, to the house of Isaac Workman; and thence, on the most eligible site to intersect the aforesaid State road in the post oak plats, south of Stuart's mills, in Big Creek, in the said county of Fayette. Time and To be sworn SEC. 2. That said commissioners, or either of them, shall place of meet- meet at the house of the said Dudley Mabry, whenever it shall ing be most convenient for them so to do, within ninety days from the passage of this act; and after being duly qualified before some person authorized to administer oaths, impartially to discharge the duties enjoined by this act, shall proceed to relocate said road, as provided for in the first section of this act. Comrs, of SEC. 3. And it is made the duty of the county commissionFayette co. to ers' court of Fayette county, to cause the reviewed and relokeep road o- cated part of said State road to be opened and kept in repair pen and in reas other State roads are required to be; and shall also allow, out of the county treasury, a reasonable compensation per Pay of comr's day to said commissioners, for the time actually spent in the performance of the duty required by this act. pair Comr's to re SW of Vandalia SEC. 4. That John Shirley and Andrew J. Hickerson be, locate road and they are hereby, appointed commissioners to relocate that part of the State road leading from Vandalia to Carlyle, as lies between the said town of Vandalia and William Miles', on the said Carlyle road, commencing at Vandalia; thence, through the inlots in the south-western corner of said town, Direction of to Jeremiah Evans' old place; and thence, to intersect the State road leading to Carlyle, near the said William Miles'. road ing Said commissioners shall meet at the house of Aikins Evans, Time and on some day within ninety from the passage of this act, that place of meetthey may agree upon, and after being duly sworn before some person authorized to administer oaths, shall proceed to perform the duty herein required of them. SEC. 5. The third section of this act shall, in all respects, Pay of comr's be applicable to the road authorized to be relocated in the foregoing section, as well as to the compensation of the commissioners appointed by said section. APPROVED, January 29, 1840. AN ACT to repeal "An act incorporating the Northern division of the American Bottom." In force, Jan. 27, 1840. SEc. 1. Be it enacted by the People of the State of Illinois, Act repealed represented in the General Assembly, That the "Act incorporating the northern division of the American Bottom," approved, March 2d, 1839, be, and the same is hereby, repealed. APPROVED, January 27, 1840. AN ACT in relation to Lusk creek. In force, Jan. 29, 1840. Lusk creek declared nav SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Aseembly, That Lusk Creek, in the county of Pope, is hereby declared a navigable stream from igable the mouth thereof up to John Ritts' mill; and all laws declaring said creek navigable higher up than Ritts' mill, are hereby repealed. APPROVED, January 29, 1840. Laws repeal. ed AN ACT to authorize Allen P. Hubbard to build a mill dam across Fox River. In force, Jan. 29, 1840. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That Allen P. Hubbard Location of and his associates, heirs and assigns, be, and they are hereby mill-dam on authorized to construct and build a mill dam across Fox river, Fox river on sections twenty-seven and twenty-eight, township thirtynine north, range eight east of the third principal meridian, in the county of Kane, to the height of six feet above low water mark: Provided, Said grant shall not be construed so Proviso as to prevent the State from improving said Fox River at that place, by dams, locks, or any other way, at any time hereafter, for the purpose of slackwater navigation, or otherwise: Provided, however, That said dam be not so constructed as to interrupt the free navigation of said river. Style & plan of dam SEC. 2. The said dam shall be constructed with a down stream slope of two feet horizontal to one foot perpendicular rise; well and sufficiently planked over, for the purpose of allowing a safe passage to the descending trade of the said river, and during the continuance of said dam, said slope shall be kept in good repair. SEC. 3. This act shall take effect from and after its passage. In force, Jan. 30, 1840. AN ACT to extend the time for the location of State Roads. SEC. 1. Be it enacted by the People of the State of Illinois, Time to lo- represented in the General Assembly, That Commissioners apcate roads ex- pointed to locate State Roads by any law of the last session tended to De- of the Legislature of this State, and who have failed to perform said duties, are hereby authorized to perform the same at any time previous to the first Monday in December next. APPROVED, January 30, 1840. cember 7th, 1840 In force, Jan. 30, 1840. Time of election AN ACT permanently to locate the seat of justice of the county of DeKalb. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That on the first Monday in August next, the qualified voters of the county of De Kalb, who shall have resided within said county for thirty days next Persons qual- preceding the day of election, shall vote for or against the reified may vote moval of the county seat, from its present location; and if it for or against shall appear from the returns of the said election, that a majority of all the votes given shall be in favor of a removal of the county seat, and also, that a majority of all the votes given shall be in favor of any other place within said county, then said county seat shall be removed, and the place receiving the number of votes required by this act shall be, and forever remain, the permanent seat of justice for the said county of De Kalb. removal of co. seat SEC. 2. If a majority of the votes given shall be in favor of Second elec- a removal of the county seat, and no other place shall receive a tion condi- majority, then a second election shall be held on the third Monday of the said month of August, and a selection shall be made from the two places receiving the highest number of votes at the first election. tional Notice of elections by clerk SEC. 3. It shall be the duty of the Clerk of the County Commissioners' Court, to cause notices of the elections contemplated by this act, to be posted up at three of the most public places within each Precinct, at least twenty days previous to the day of the first election, and ten days previous to Duty of sher- the second election, and the Sheriff of the said county of De Kalb shall post up said notices. iff es of election SEC. 4. The judges of elections within the several precincts, Duty of judgshall cause separate columns to be ruled in the respective poll' books, in which to record the votes given for and against the removal of the county seat from Coltonville, also columns in which to record the votes given for each place, and the returns of said election shall be made, and the votes counted in the same manner that is required by the laws of this State regulating elections. be received SEC. 5. Donations of land shall be received at least twenty Time when days previous to the first election provided for by this act, and donation may any person or persons offering donations of land, shall file with the Treasurer of said county, a good and sufficient bond, with approved security, to be accepted by the said Treasurer, binding the said donor or donors, to execute a deed of general tenure, to thesaid county of DeKalb, for any quantity of land not less than one hundred and sixty acres, and on which the public buildings shall be erected, or donate to the county of De Kalb three thousand dollars, or erect within eighteen months from and after the passage of this act, a court-house, the estimate value of which shall be at least three thousand dollars, and to be accepted by the County Commissioners of said county, and no place shall be considered as eligible for the location of the county seat, unless the provisions of this section shall be fully complied with. SEC. 6. It shall be the duty of the County Commissioners Duty of co. to cause special entries to be made of record, of the result of com❜rs the said elections, and file and preserve the poll books for inspection; to lay off into lots, and dispose of any donation that may be received, to the best advantage for the interest of the county, also to dispose of the present county buildings and other property, should the county seat be removed; the proceeds of which shall be applied to the erection of public buildings which shall be erected without unnecessary delay. Kalb county SEC. 7. In case the seat of justice shall be removed, all the books, papers and records, belonging, or appertaining to the Papers, books county of De Kalb, shall be removed to the place selected, as &c. of De soon as suitable buildings can be obtained, and the Circuit Court of the said county shall be holden at such place as may be determined by the Judge presiding in the ninth Judicial Circuit, on the first day of the term thereof; and which determination or decision of the said Judge, shall prevent a dismissal or discontinuance of any suit in law, or in equity, or any other legal proceedings heretofore commenced and now pend. ing, or which may be hereafter commenced on account of process being made returnable at any other place in said county, until the county seat shall be permanently located, and public buildings erected in accordance with the provisions of this act, any law to the contrary notwithstanding. SEC. 8. That the act entitled an act to re-locate the seat of justice of the county of De Kalb be, and the same is hereby Act repaeled repealed. APPROVED, January 30, 1840. |