tem of Internal Improvements," passed 27th February, 1837, and the several laws supplemental and amendatory thereto, and all parts of said laws which impose fines, forfeitures, and penalties, for injuries to the public works, or for any other cause, and which prescribes the mode and manner of collecting such fines and forfeitures, and inposing penalties, are hereby revived, and continued in full force and effect. contractors SEC. 10. The Board of Public Works shall cause the amount Amount due due to contractors to be estimated, including the back per centage, heretofore retained, and shall give a draft therefore [therefor] on the Fund Commissioner, and in case of disagreement between the Acting Commissioner and the contractor, then the matter in dispute shall be referred to the Board, when in session, whose decision shall be final in the case. And if Decision ef any contractor, or contractors, shall claim any amount from board final the State, over and above the retained per centage, for damages on his contract, such claim for damages shall be decided by the Board, when in session, and they shall issue a draft in favor of such contractor, for the amount allowed; and the decision of the Board on the claim of such contractor, shall be final. The Board of Public Works shall also settle and adjust all dues and liabilities of every kind, due and owing from the Dues and liathe State, under the provisions of the act to establish and main- bilities to be tain a general system of Internal Improvements, approved 27th February, 1837, and the acts supplemental and amendatory thereto, and give drafts for the amount so settled and adjusted, on the Fund Commissioner; and when any person shall receive drafts, under the provisions of this section, his Drafts given contract shall be cancelled. settled in settlement missioner SEC. 11. All drafts drawn by the Commissioners of the Drafts drawn Board of Public Works, on the Fund Commissioner, if not paid on fund comwithin thirty days, shall bear six per cent. interest per annum, When to bear from date; and all drafts heretofore drawn by any member of interest the former Board of Public Works, on the former Board of Fund Commissioners, and which have not been paid, shall bear the same interest from their respective dates; and in all cases where the Fund Commissioners, in making payments on special drafts, cannot pay off the whole amount of said drafts, it shall be lawful for him to endorse the amount paid, on the Endorsements back of said draft. SEC, 12. The Board of Public Worksshall pay off, and discharge, all engineers and agents now in employment, whose services are not indispensable to assist them to ascertain the amount due to contractors, and so soon as their services can be dispensed with they shall also be discharged. on drafts SEC. 13. The Board of Public Works shall have power to Management provide for the security, and successful management and ope- of railroads ration of such parts of the railroads as are already completed, and may fix and establish the rates of toll to be collected therefrom, and provide for the faithful collection thereof, and for the payment of the amounts collected, to the Fund Com Fines for not missioner, and any person refusing to pay the established tolls, paying tolls shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not exceeding one hundred Fund commis bonds dollars. SEC. 14. The Fund Commissioner shall be, and is authorizsioner may re-ed, and required to take, and receive back, any and all State ceive back bonds heretofore sold to any person, firm, or corporation, who have failed, or may hereafter fail, to comply with their contract, and upon the reception of all such bonds sold them, said commissioner is authorized to cancel said contracts, and the bonds thus returned shall be burned by the Fund Commissioner, in the presence of the Auditor and Treasurer of State; Bonds, when and the Fund Commissioner shall make and keep a correct register of the number, amount, and disposition made of all bonds and money coming to his hands. burned Settlement of accounts of SEC. 15. The Fund Commissioner, when elected and qualifund commis-fied, shall audit and settle the accounts of the late Board of sioners Fund Commissioners, and the late Board of Public Works, and of each member of said Boards; and, in case any member of either of said Boards, or of former Boards, shall be found to be in arrear to the State, he shall cause suit forthwith to be instituted against such person. What acts revived SEC. 16. Sueh parts of the acts to establish and maintain a general system of Internal Improvement, approved February 27th, 1837, and the acts supplemental and amendatory thereto, as are necessary to enable the Fund Commissioners and Board of Public Works to discharge the duties imposed upon them by this act, are hereby revived for the purposes herein defined, and no other. APPROVED, February 1st, 1840. In force, Feb. 3d, 1840. AN ACT further to amend the several acts in relation to common schools SEC. 1. Be it enacted by the People of the State of Illinois, urers of town-represented in the General Assembly, That in making out the ships in makabstracts required by the fifteenth section of the act of March ing abstracts 4th, 1837, entitled "an act to amend the several acts in relation to common schools," the treasurer of townships shall state in such abstracts, the amount of compensation earned by each teacher named in such abstracts, within the time comprised in the same; and the school commissioner of the county shall not pay more than one-half of such compensation from the interest of the school, college, and seminary funds. Scholars in SEC. 2. In all cases where scholars residing in an unincorpounincorporat-rated township, shall attend a school taught in a township which ed townships has become incorporated, the teachers' schedule, comprising the names of such scholars, shall be examined and certified by the trustees of the township in which the school is kept, and delivered to the school commissioner of the county in which such unincorporated township, or the larger part thereof, is situated; and such school commissioner shall pay the teacher of such scholars a distributive share of the interest of the school fund of such township. SEC. 3. When scholars, residing in an incorporated town- Teachers in ship, attend a school kept in a township which is not incorpo- unincorporat ed townships sated, the teacher's schedule, comprising the names of such scholars, shall be examined and certified by the trustees of the school which such scholars attend, and delivered to the treasurer of the township in which such scholars reside, and their teacher shall be entitled to receive from such treasurer a distributive share of the interest of the school fund of such township. SEC. 4. Whenever the situation of the settlements is such School disas to make it expedient that a school district shall comprise tricts compris ing more than portions of two or more incorporated townships, such district one township may be established, and its boundaries defined, and altered by the concurrent action of the trustees of the several townships in which such school district is comprised. counties. SEC. 5. When a school shall consist of scholars residing in Scholars of two or more counties, separate schedules or abstracts shall be two or more made and returned in the mode heretofore provided by law, to the school commissioners of each of said counties, in order to entitle the teacher to a share of the interest of the school, college, and seminary funds of the State. SEC. 6. So much of the seventeenth section of the act of Part of section March 4th, 1837, entitled "an act to amend the several acts repealed in relation to common schools," as requires that "the apportionment of money shall be equalized in cach township, by paying to every teacher the same rate of compensation," is hereby repealed. APPROVED, February 3d, 1840. In force, AN ACT supplemental to an act to authorize and require the school comcommissiouer of Sangamon county to pay over certain school funds to Feb. 3d, 1840 the school commissioners of Menard, Logan, and Dane counties. SEC. 1. Be it enacted by the People of the State of Illinois, Words conrepresented in the General Assembly, That the words "Janu-strued ary next," in the second and third lines of the second section of the act to which this is supplemental, shall be construed to apply to, and mean, January, 1840. And the Auditor of Duty of audit Public Accounts, and the school commissioner of Sangamon or and school county, are hereby required to construe the act to which this commissioner is supplemental, as applying to the present year, and not to the year 1841. APPROVED, February 3d, 1840. 7 J In force, Feb. 1st, 1840 Parts of acts repealed AN ACT to abolish the Board of Commissioners of Public Works, and the SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That so much of the act entitled an act to establish and maintain a general system of Internal Improvements, passed 27th of February, eighteen hundred and thirty-seven, as authorizes the establishment of a Board of Commissioners of Public Works, and a Board of Fund Commissioners, shall be, and the same is, hereby repealed. APPROVED, February 1st, 1840. In force, Feb. 3d, 1840 to pay conIractors AN ACT for the relief of contractors on public works in this State. SEC. 1. Be it enacted by the People of the State of Illinois, may sell bonds represented in the General Assembly, That in case sufficient funds should not be available, from loans already negociated, to pay the contractors on the Internal Improvement system, for such balances as may be found due them for work already done, that the Fund Commissioner, for the time being, are [is] hereby authorized to sell, at not less than par, sufficient of the State bonds to pay said balances. Drafts drawn lie works on and new drafts interest SEC. 2. That when drafts have heretofore been, or that by board pub-hereafter shall be, drawn by any of the Commissioners of the fund com'r Board of Public Works, on the Fund Commissioner, for balanheretofore, to ces due contractors, for work done on any of the railroads in be taken up this State, or to any other person for other liabilities, embraced in issued to bear "an act to establish and maintain a general system of Internal Improvements," and all acts supplementary thereto, and those drafts shall not have been paid by the Fund Commissioner, it shall be the duty of the Commissioners of the Board of Public Works to give other drafts in lieu thereof, drawing interest at the rate of six per cent. per annum: Provided, That no such renewed or substituted draft shall be for a less sum than one hundred dollars; and no new contracts shall hereafter be let out by the Board of Public Works. Proviso In force, Jan. 15, 1840 In the coun APPROVED, February 3d, 1840. AN ACT declaring Fox river navigable. SEC. 1. Be it enacted by the People of the State of Illinois, ties of La represented in the General Assembly, That the Fox river, in the and M'Henry, counties of La Salle, Kane, and McHenry, from the conflufrom Ottawa ence with the Illinois river, at Ottawa, to the northern bound Salle, Kane, to northern boundary ary of this State, is hereby declared a navigable stream, and This act shall take effect from and after its passage. AN ACT for the relief of John G. McHatton. In force, Feb. 1, 1840 McHatton SEC. 1. Be it enacted by the People of the State of Illinois, redresented in the General Assembly, That fifty-eight dollars be, and the said is hereby, appropriated to John G. McHatton, $58 to J. G. sheriff of Schuyler county: it being the amount paid by the said McHatton for the apprehension of William Frame, who had escaped from the jail of the said county of Schuyler, when he was confined on a charge of murder, and of which charge he was afterwards convicted and executed. APPROVED, February 1, 1840. AN ACT supplemental to "An act to authorize the inhabitants of Cahokia, to raise a levee on the creek bank opposite the town of Cahokia. In force, Feb. 1, 1840. be elected SEC. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the supervisor au- Supervisor to thorized to be elected by the act to which this is a supplement, shall be elected as provided in said act, and a certificate signed by the judge holding the election, shall, in all cases, be sufficient evidence of his election. SEC. 2. That said supervisor shall have power to institute Powers of and maintain actions of trespass in any court having jurisdic-supervisor tion of the same, for the benefit of the citizens of Cahokia, against any person trespassing on the commons attached to said town. SEC. 3. This act to take effect from and after its passage. AN ACT supplimental to "An act to incorporate the Bainbridge In force, Feb. 1, 1840. SEO. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That the treasurer and Powers of board of trustees of the Bainbridge Academy, shall have all Trustees the privileges given to the treasurer and board of trustees of incorporated townships under the act to amend the several "Acts in relation to common schools, approved March the fourth, eighteen hundred and thirty seven:" Provided, That Proviso the treasurer and board of trustees of the Bainbridge Academy shall comply with all the provisions of the last mentioned act, prescribing the duties of the treasurer and board of trustees of incorporate townships. This act to be in force. from and after its passage. APPROVED, February 1, 1840. |